Land and Environment Court Act 1979 (NSW)

Land and Environment Court Act 1979 No 204

An Act to constitute the Land and Environment Court and to make provision with respect to its jurisdiction.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Land and Environment Court Act 1979.

2 Commencement (1) This section and section 1 shall commence on the date of assent to this Act. (2) Except as provided by this section, this Act shall commence on— (a) such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette (being a day that is not later than the day referred to in paragraph (b)), or (b) if a day is not appointed and notified under paragraph (a)—the day appointed and notified under section 2(2) of the Environmental Planning and Assessment Act 1979. (3) Section 71 shall commence on the day appointed and notified under section 2(2) of the Environmental Planning and Assessment Act 1979. (4) No proceedings shall be commenced in the Court before the day appointed and notified under section 2(2) of the Environmental Planning and Assessment Act 1979.

3 (Repealed)

4 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— Chief Judge means the Chief Judge of the Court. Commissioner means a person appointed as a Commissioner of the Court under Division 3 of Part 2. Court means the Land and Environment Court constituted under this Act. court hearing matter—see section 34A(5). functions includes powers, authorities and duties. Judge means a Judge of the Court. mandatory judicial retirement age means the maximum age at which a Judge is required by law to retire.

Note. Section 44 of the Judicial Officers Act 1986 provided for a maximum retirement age for Judges of 72 years before its amendment by the Justice Legislation Amendment Act (No 3) 2018. Section 44 of the Judicial Officers Act 1986, as amended, has increased the maximum retirement age for Judges to 75 years. Clause 9 of Schedule 6 to the Judicial Officers Act 1986 provides that the new retirement age does not apply to Judges holding office who were appointed before the amendments commenced unless they consent to the change applying to them as required by section 55(2) of the Constitution Act 1902. The retirement age of 72 years continues to apply to Judges who do not consent to the increased retirement age applying to them. on-site hearing matter—see section 34A(3). practice note means a practice note issued under section 76. Registrar means the Registrar of the Court. regulations means regulations for the time being in force under this Act. rules means rules of the Court. (2) A reference in this Act to the exercise of a function includes, where that function is a duty, the performance of that duty.