AGY-1120 | Land and Environment Court

Full description

The Land and Environment Court replaced the Land and Valuation Court (and the Local Government Appeals Tribunal) under the Land and Environment Court Act 1979 (Act No.204, 1979). The Act commenced on 1 September 1980 and established the Court as a superior court of record. (1)

The Land and Environment Court had the power to hear cases involving land anywhere in New South Wales. The Court deals with building, development, and environmental matters. The Land and Environment Court could hear appeals concerning:
- Development application decisions by Local Councils.
- Building application decisions by Local Councils.
- Orders and Notices issued by Local Councils.
- Appeals against land valuations by the Office of the Valuer General.
- Award compensation to land owners if their land is acquired by the government.
- Deal with environmental crimes, such as pollution, and hear appeals from people found guilty of an environmental offence in a Local Court.

The Court had an appellate and review jurisdiction in relation to planning, building, environmental, mining and ancillary matters. Jurisdiction was exercised by reference to the subject matter of the proceedings. The Court had summary criminal jurisdiction and appellate criminal jurisdiction in relation to environmental offences. A Court Registrar and Registry provided administrative support to judges and commissioners assisting them in hearing and determining cases. (2)

The Land and Environment Court also had the power to make decisions about certain types of native title claims in New South Wales, under the Aboriginal Land Rights Act 1983 (Act No.42, 1983). If an Aboriginal Land Council could not negotiate an agreement over access to land the Land and Environment Court could issue access permits to "any specified Aborigines or group of Aborigines" for traditional purposes (hunting, fishing, gathering, and domestic). (3)

Other matters could be referred to the Land and Environment Court including disputes between:
- Local Aboriginal Land Councils in the same Regional Aboriginal Land Council area.
- A Local Land Council and an individual.
- Individual members of a Local Aboriginal Land Council.
- Disputed land claims or land purchases where Conciliation at the Regional Aboriginal Land Council has failed.
- A Local Aboriginal land Council and a Regional Aboriginal Land Council.
- Local Aboriginal land Councils in different Regional Aboriginal land Council areas.
- Any other matter concerning the administration of particular Regional Aboriginal Land Councils or Local Aboriginal Land Councils. (4)

The Native Title (New South Wales) Act 1994 (Act No.45, 1994) was passed in response to the Commonwealth Native Title Act 1993 with the Land Environment Court (being recognised in Commonwealth terms as a "State/Territory" body and as an "arbitral body") which had jurisdiction to determine native title determination applications, revise native title determination applications, revise compensation applications (other than those arising under or in relation to a State Mining Act), determine whether native titles and interests are to be held in trust for the common law holders by a prescribed body corporate, determine if native titles and interests are not be held by the common law holders, which prescribed body after becoming a registered native title body corporate, is to perform these functions. (5)

In conducting and determining contested applications, the Land and Environment Court was obliged consider relevant cultural and customary concerns of Aboriginal peoples and was not bound by technicalities, legal forms or rules of evidence. The Land and Environment Court could also adjourn proceedings to allow a native title application to be made to the National Native Title Tribunal. (6)

On 7 April 2009, all Mining Warden’s Courts were abolished under the Court and Crimes Legislation Further Amendment Act 2008 (Act No.107, 2008). (7) The jurisdiction conferred on the Warden’s Courts and the Wardens by the Mining Act 1992 (Act No.29, 1992) were transferred to the Land and Environment Court. (8)

From 1 July 2009 when the Attorney General's Department was abolished the Land and Environment Court became a branch of the new Principal Department, the Department of Justice and Attorney General. (9) From 4 April 2011 when the name of the Department of Justice and Attorney General was changed the Land and Environment Court became a branch of the Department of Attorney General and Justice. (10) On 23 April 2014 the name of the Department of Attorney General and Justice was changed to the Department of Police and Justice. (11) On 1 July 2014 the name of the Department of Police and Justice was changed to the Department of Justice. (12)

On 1 July 2019 the Department of Justice was abolished. Its former staff were transferred into the Department of Communities and Justice. (13)

Endnotes
1. Land and Environment Court Act 1979 (Act No.204, 1979); NSW Government Gazette, Land And Environment Court Act, 1979 – Rules (1980 No 115), p.4221, 15 August 1980.
2. Land and Environment Court, Annual Report 2003, pp.8, 13.
3. Aboriginal Land Rights Act 1983 (Act No.42, 1983) s.48.
4. Ibid. s.61.
5. Native Title (New South Wales) Act 1994 (Act No.45, 1994) ss.26-28.
6. Ibid. s.21.
7. Courts and Crimes Legislation Further Amendment Act, 2008 Schedule 19 (54) Amending Schedule 6 of the Mining Act 1992; Commencement Proclamation under the Courts and Crimes Legislation Further Amendment Act 2008 (Act No.107, 2008); NSW Legislation Website (2009 No 112), 3 April 2009, Explanatory Note.
8. Ibid. Commencement proclamation, Explanatory note.
9. Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352) cl. 20; NSW Legislation Website, 27 July 2009.
10. Public Sector Employment and Management (Departments) Order 2011 (2011 No 184) cl. 36; NSW Legislation Website, 3 April 2011.
11. Administrative Arrangements (Administrative Changes—Ministers and Public Service Agencies) Order 2014(2014 No 233); NSW Legislation website, 23 April 2014.
12. Administrative Arrangements (Administrative Changes—Miscellaneous Agencies) Order 2014 (2014 No 413); NSW Legislation Website, 30 June 2014.
13. Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2019 (2019 No 159) cl. 10 (2); NSW Legislation website, 2 April 2019.