AGY-1111 | Local Government Appeals Tribunal

Full description

The Local Government Appeals Tribunal was constituted by the Local Government (Appeals) Amendment Act, 1971 (Act No. 78 1971), which commenced on 1 September 1972.

The Tribunal assumed the jurisdiction of the: previous Boards of Appeal (operating from 1959); the Country Board of Appeal, the Cumberland, Newcastle, and Wollongong Board of Appeal, plus the Board of Subdivision Appeals and the Land and Valuation Court in relation to development appeals; State Planning Authority in relation to interim development appeals; Local Government Minister in relation to appeals under the Local Government (Regulation of Flats) Act (No. 50 1955). The jurisdiction of the Local Government Appeals Tribunal was enlarged by the Local Government (Amendment) Act, 1972 (No.30 1972) to determine appeals relating to the fencing of swimming pools.

The Local Government (Further Amendment) Act (Act No.64 1972) empowered the Tribunal to consider appeals against refusals by councils of strata title subdivisions, councils' decisions on advertising signs and appeals in respect of notices by councils to fence dangerous waterholes. Apart from uncontested matters, settlements, and withdrawals, which were dealt with by two members of the Tribunal; the Tribunal operated through Boards of Appeal, with a separate Board of Appeal being appointed by the senior chairman to hear each matter.

Boards of Appeal comprised of two permanent members - a Chairman and a member qualified in town or county planning - plus a varying number of part-time members. A part-time member, being a member of a council was required to sit on each board. Other part-time members, depending on the matter in question, could be architects, civil engineers, master builders, structural engineers, or surveyors. Appeal Board numbers varied from at least four to a maximum of eight. (1)

However, one-member boards of appeal conducted country hearings because of high costs involved and lack of funds. Multi-member boards as well as one-member boards were utilised in the country from 1978 onwards. (2)

On 1 September 1972 244 unheard matters were transferred to the Local Government Appeals Tribunal from the previous Boards of Appeal (140 matters) and the State Planning Authority (104 matters) respectively. (3)

The Local Government Appeals Tribunal when originally constituted operated with three Boards in 1973 a further Chairman and Town Planner Member were appointed, allowing a fourth Board to operate. This Board became effective from 1 January 1974. (4)

The Local Government (Appeals) Amendment Act, 1975 (No. 34 1975), commenced on 21 November 1975 with changes to the time limit for appeal lodgement, fire precaution requirements, appeal rights, and councils duty to notify objectors of appeal cases. The Senior Chairman could now arrange conferences between the parties before one member of a Tribunal who could then decide the matter. The Tribunal was empowered to order the production of documents to a party to an appeal, or to permit access to land to a party, at a time and place specified. The necessity for each board of appeal to keep minutes of its proceedings and to give the reasons for its decision in every case was removed. Proceedings before a board must be recorded but need only be transcribed in certain specific circumstances. (5)

The Land and Environment Court was established by the Land and Environment Court Act, 1979 (Act No. 204 1979) 1979 and The Land and Environment Court Amendment Act, 1980 (Act No.77, 1980). The Court opened in September 1980, and replaced the Local Government Appeals Tribunal by hearing appeals involving decisions or orders of local government councils concerning buildings and town planning applications.

Endnotes
1. Annual Report of the Department for Local Government for the year ended 30 June 1973 in the Parliamentary Papers 1973-74 Vol. 2, p.478.
2. Annual Report of the Department for Local Government for the year ended 30 June 1973 in the Parliamentary Papers 1978-79 Vol. 3, p.1105.
3. Op cit, p.478.
4. Annual Report of the Department for Local Government for the year ended 30 June 1974 in the Parliamentary Papers 1974-75 Vol. 3, p.1236.
5. Annual Report of the Department for Local Government for the year ended 30 June 1975 in the Parliamentary Papers 1975-76 Vol. 3, p.1249.