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Australia has pioneered in the area of land an environment law by establishing the world’s first court dedicated specifically to such cases. The Land and Environment Court was created by an act of Parliament in 1980 under the Land and Environment Court Act 1979 (NSW). The Court’s jurisdiction includes:

  • merits review
  • judicial review
  • civil enforcement
  • criminal prosecution
  • criminal appeals
  • planning disputes
  • environmental disputes
  • mining disputes

The cases that can be brought before the Court are classified into eight basic groups for case management purposes and these classes are broadly categorised as follows:

Class 1: These are environmental, planning and development appeals. These matters involve commercial development appeals and civil development appeals and other appeal cases. Environmental litigation concerning this subject matter occurs in the first class of Land and Environment Court cases.

Class 2: These are tree disputes and hedge disputes, as well as appeals. Environmental litigation over matters relating to trees and hedges occurs in the second class of Land and Environment Court cases.

Class 3: These are valuation matters, compensation cases for the compulsory acquisition of land and aboriginal land rights claims. This category also includes appeals within this class of Land and Environment Court cases. Environmental litigation connected to these matters is listed under this class.

Class 4: Judicial review and civil enforcement of planning and environmental determinations and any environmental litigation thereof occurs in the fourth class of Land and Environment Court cases.

Class 5: Criminal proceedings for breaches of and offences against planning and environmental law. Environmental litigation which is concerned with these issues will be classified here in the Land and Environment Court matters list.

Classes 6 and 7: These are appeals from the Local Court in relation to judgments and determinations on criminal breaches of environmental and planning law. Environmental litigation in appeals from the Local Court will be categorised as classes 6 or 7 in the Land and Environment Court case management system.

Class 8: The last category concerns matters relating to mining disputes, mining leases and the like. These mining litigation cases are scheduled under class eight of the Land and Environment Court case management system.

Environmental cases can themselves be characterised as civil litigation or commercial litigation. A cause of action under the principles and concepts of environmental law can start as a commercial dispute between parties, but also contain aspects of a civil action. Conversely, a civil action may impact on some commercial interest as between parties. An environmental law solicitor who has experience across civil and commercial litigation will be able to readily identify and assess a Land and Environment Court case before him or her and will usually be able to bring his or her other broader experience to the table so as to be able to deal with the matter in a more comprehensive manner. For example, defences may become apparent to that solicitor which would otherwise not be considered by a specialist environmental lawyer acting in a narrow area of legal practice. Because of the broad spectrum of environmental litigation that can fall under the jurisdiction of the Court, an environmental law lawyer with civil and commercial litigation experience may be the best professional to offer environmental legal advice to a potential or pending litigant.

If you require assistance with a Land and Environment Court matter, you may wish to contact our firm by telephone on (02) 9233 4048 or email at info@navado.com.au and make an appointment to see one of our solicitors. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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