LAND AND ENVIRONMENT COURT ACT 1979 - SECT 34A Proceedings to which on-site hearing procedures apply 34A Proceedings to which on-site hearing procedures apply (1) This section applies to the following proceedings, if the proceedings have not been disposed of under section 34-- <> Land Board 7. Vacation 2.4. 2 Commencement This Act commences on a day to be fixed by proclamation. Section 1 Land and Environment Court Act 1979 No 204 Current version for 7.2.2011 to date (generated on 22.02.2011 at 14:24) Part 1 Preliminary 1 Name of Act This Act may be cited as the Land and Environment Court Act 1979. <> 4 Note: proceedings for an offence against the EP&A Act or Regulations can also be taken before a Local Court, but the penalty that the Local Court can impose is limited to $110,000. Legislation Revision and Publication Act 2002. No. endobj Restitution of Land Rights and a Land Claims Court; and to provide for matters connected therewith. "public authority" has the same meaning as it has in the Environmental … Single Judge to constitute the Court Division 2 - The Judges 7. 1 0 obj 2 Commencement (1) This section and section 1 shall commence on the date of assent to this Act. [Act No. 5 (5) If the Court is of the opinion in any particular case that a sentence should be imposed ∗Established by the Land and Environment Court Act 1979 , assented to 21 December 1979 ∗Commenced operation on 1 September 1980 ∗Part of a package of environmental law reform, including Environmental Planning and Assessment Act 1979 History of LEC ∗Two principal objectives: rationalisation and specialisation *�9Tf�z>{�و�����12 �R��>$i����|V�^�4T�$*Tx��Dp���|K�&$����j6?����Mqg��ؚ��iYWN2TI�%�(~7���� �0"�D�4"�`1��$����:��/����� �PDʶ��(�����B!L0�2���VR�*("���Ks�e�7�a�ā��ၹ� j�$ �Q|t �+��^�ځ-Ve��ޖ� �iz��"*:�?�����ܙ�} �D�: ��w�y ��df�0Ƅ��KXjo�v���8g����Յ �hQ��gS�yJkm���ں�� ��7ց�����:��P%�[�] ����b�5r�;�+��4d]�M��7�\2Ł*�'xU�w6(A�33I��`��4�{ YZ����ۃ�γ�U��;(�r�E��%�k�'��$�� endobj Most environmental crime cases are heard in the Land and Environment Court, although they may also be heard in the Local Court. The court has jurisdiction over environmental protection and appeals; land tenure, valuation and rating; and determination of environmental offences and consequent appeals to such proceedings. It was established on 1 September 1980 by the Land and Environment Court Act 1979 (the Court Act). 4 0 obj 3. It has been prepared by volunteer members of the NSW Young Lawyers Environment and Plan-ning Law Committee. It has jurisdiction under a wide range of legislation including: 3 Dictionary The dictionary in schedule 1 defines words used in this Act. %PDF-1.4 %���� The Court has original and appellate jurisdiction to hear and determine all disputes in accordance with Article 162(2)(b) of the Constitution and with the provisions of Act or any other written law relating to environment and land. This jurisdiction deals with disputes that arise through activity involving land, planning, development, the environment and valuation of land issues. 2 Commencement (1) This section and section 1 shall commence on the date of assent to this Act. The ERD Court was established by the Environment, Resources and Development Court Act in 1993. Definitions PART 2 - CONSTITUTION OF THE COURT Division 1 - Constitution 5. Act appeal” as defined in Schedule 1 of the Planning and Environment Court Act 2016 (Qld). “Court” means the Environment and Land Court established under the Environment and Land Court Act, 2011 (No. Minister of Lands and Environment 4. Land and Environment Court Act 1979 No 204 [NSW] Current version for 1 December 2018 to date (accessed 29 June 2019 at 00:39) Page 6 of 67. functions includes powers, authorities and duties. The Court has the jurisdiction conferred upon it under a variety of acts including (but not limited to): the Crown Lands Act 1929; the Encroachments Act 1944; the Highways Act 1926 19 of 2011 [Rev. 5 Section 39 of the Land & Environment Court Act 1979 (NSW). ��P�B���C�?� E��7�Z���sϹoQ��g� B12"�┒4U)�4! The Land and Environment Court of New South Wales is a court within the Australian court hierarchy established pursuant to the Land and Environment Court Act 1979 (NSW) to hear environmental, development, building and planning disputes. Aboriginal Land Rights Act 1983 (other than Division 5 of Part 7), Biodiversity Conservation Act 2016 , Biological Control Act 1985 , Coal Mine Subsidence Compensation Act 2017 , Coastal Management Act 2016 , Contaminated Land Management Act 1997 , Environmental Planning and Assessment Act 1979 , Commencement 1.3. mandatory judicial retirement age means the maximum age at which a Judge is required by law LAND AND ENVIRONMENT COURT ACT 1979 - As at 23 September 2020 - Act 204 of 1979 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. that person or corporation. Name of rules 1.2. LAND AND ENVIRONMENT COURT RULES 2007 - Made under the Land and Environment Court Act 1979 - As at 15 May 2020 - Reg 578 of 2007 TABLE OF PROVISIONS PART 1 - PRELIMINARY 1.1. endobj Land and Environment Court As a last resort, it may be possible to resolve a tree dispute by seeking an order from the Land and Environment Court. <> The jurisdiction of the court is provided under section 13 of the Act. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 57 of 2 June 2012 I assent Mrs Monique Agnes OHSAN BELLEPEAU, GOSK Sittings of the Court 2.3. Planning and Environment Court Act 2016 An Act about the Planning and Environment Court Part 1 Preliminary 1 Short title This Act may be cited as the Planning and Environment Court Act 2016. The Land and Environment Court of New South Wales (the Court) is the first specialist environmental superior court in the world. [19] The appeal is by way of hearing anew.2 Council has the onus of establishing that the appeal should be dismissed.3 That onus is engaged to the extent that issues are put in dispute in the proceedings. 1 October 2012 Government Gazette of Mauritius No. 79 0 obj endobj stream 1 0 obj Seal of the Court 2.2. 200 Overriding objective (1) The principal objective of this Act is to enable the Court to facilitate the x��[[o�~���G�����8٭�8o���7v$��coq����옴L�%���7��8�Rg��j�4~\�O��z����e:!��拿�F�[L�n�ϳ|�����srq�'�ӓ�ϔPFFO�'�D�C �I�9I�ዷӓ�}==�������P��M�6I��H7mGA�w^��萫�g ;������8��oAWv�tYg�^���*M�����Gv���G�tO(��YVj�,mE$Km#Jm����h�n��b��#���rzz��/$��2�Ɓ�b�SJ��1���/�'w�'��O�,����V�j�0���y�0�$�a�n�`Ӗ���l�mr!�:b�m�e��:6eq�� -;��@Ɩ��@kF �Ě����upI��o���t�y��E�y\G�S. 3 0 obj 19 of 2011 was not operational. 1.1.2021—Environment, Resources and Development Court Act 1993 . The court shall adopt and apply Part VIII of the Civil Procedure Act and Order 42 of the Civil Procedure Rules in determining appeals within the jurisdiction set out in Section 13 (2) of the Environment and Land Court Act…
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