Land and Environment Court:

All development, planning, building and environmental disputes are heard in the NSW Land and Environment Court, which is governed by the provisions of the Land and Environment Court Act 1979 (NSW). Some of the matters that are considered before the Court include the following:

• Environmental, planning and protection appeals (Class 1 jurisdiction);
• Disputes involving trees and other miscellany (Class 2 jurisdiction);
• Compensation, Valuation and Indigenous land claims (Class 3 jurisdiction);
• The following matters under environmental and planning laws:
  • Judicial review and civil enforcement (Class 4 jurisdiction);
  • Criminal proceedings (Class 5 jurisdiction);
  • Appeals against criminal convictions and other sentences (Class 6 and 7 jurisdictions);
  • Mining cases (Class 8 jurisdiction); and
  • Appeals from decisions of the Court.

Some matters concerning environmental offenses under the Crimes (Appeal and Review) Act 2001 (NSW) can be commenced in the Local Court and then go to the Land and Environment Court on appeal. Appeals from the Land and Environment Court in its Class 5, 6 and 7 jurisdictions can go to the New South Wales Court of Criminal Appeal, and then to the High Court of Australia. Appeals from the Land and Environment Court in its jurisdiction 1 through to 4 and 8 go to the NSW Court of Appeal and then to the High Court.

Under cross-vesting legislation, matters can also be moved between the Land and Environment Court and the Supreme Court of NSW. Under sections 149B and 149E of the Civil Procedure Act 2005 (NSW), the decision as to which Court a matter will go to will be made according to which is most appropriate for the issues to be determined at. The Court that will determine the matter will have the same jurisdiction as the original Court from which that matter was transferred.

In the event that a party is engaged in proceedings before the Land and Environment Court, it is important that appropriate legal representation is obtained for their matter to be progressed efficiently and economically. Making sure that the matter is in the right jurisdiction may be essential to ensure that a party’s rights are secured in respect of the case being litigated. Courts have their own rules, regulations and customs in relation to the manner in which cases progress through the system. Sometimes these rules, regulations and customs can differ in such a way that a party may benefit from considering whether a matter should be litigated in another forum. In these situations, legal advice from an Environmental lawyer may be needed, as well as the right legal representation to ensure that the matter under dispute is being adjudicated in the right place.

If you have a matter before the Land and Environment Court, there could be specific laws and procedures that apply to the progress and resolution of your case. Our Land and Environment Court lawyers have been assisting litigants before the Land and Environment Court for many years and have appeared for clients in Land and Environment Court matters, both with Counsel in complicated matters and without Counsel in less complicated matters.  We have the experience and skills necessary to assist you in your Land and Environment Court proceedings.

If you would wish to discuss your Land and Environment Court matter in further detail, you can contact our firm on (02) 933 4048 or send an email to info@navado.com.au to book a meeting with our Land and Environment Court solicitors. 

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.