Land and Environment Court Act 1979 (NSW)
Product Lifecycle Responsibility Act 2025 No 22 (not commenced)
Water Management Legislation Amendment (Stronger Enforcement and Penalties) Bill 2025
Environmental Legislation Amendment Bill 2025
An Act to constitute the Land and Environment Court and to make provision with respect to its jurisdiction.
This Act may be cited as the Land and Environment Court Act 1979.
This section and section 1 shall commence on the date of assent to this Act.
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.
Section 71 shall commence on the day appointed and notified under section 2(2) of the Environmental Planning and Assessment Act 1979.
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.
(Repealed)
In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
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.
A reference in this Act to the exercise of a function includes, where that function is a duty, the performance of that duty.
There is hereby constituted a superior court of record to be known as the Land and Environment Court.
There shall be a seal of the Court, and any document required by or under this or any other Act or law to be sealed or stamped with the seal of the Court shall be so sealed or stamped.
All proceedings in the Court, and all business arising out of any such proceedings, shall, subject to this Act, be heard and disposed of before a Judge, who shall constitute the Court.
Subsection (1) does not affect the provisions of this Act and the rules concerning the hearing and disposal of proceedings and business before one or more Commissioners or other officers of the Court.
The Court shall be composed of a Chief Judge appointed by the Governor and such other Judges as the Governor may from time to time appoint.
The Governor may, by commission under the public seal of the State, appoint any qualified person to be a Judge.
A person is qualified for appointment as a Judge if the person is under 70 years of age and—
(a) holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory, or
(b) (Repealed)
(c) is an Australian lawyer of at least 7 years’ standing.
(Repealed)
Each Judge shall have the same rank, title, status and precedence and, except as provided by subsection (2A), the same remuneration and other rights as a Judge of the Supreme Court (other than the Chief Justice and the President of the Court of Appeal).
The Chief Judge shall have the same remuneration as the President of the Court of Appeal.
(Repealed)
The Governor may, by commission under the public seal of the State, appoint a Judge (but not an acting Judge) to be Acting Chief Judge during such period as the Chief Judge may be absent from duty.
While the Chief Judge is absent from Australia and an Acting Chief Judge has not been appointed under subsection (1), the senior Judge present in Australia is taken to be the Acting Chief Judge.
For the purposes only of subsection (1A)—
(a) the Judges shall have seniority between themselves according to the dates of their commissions as Judges under this Act, a Judge whose commission is dated earlier than that of another Judge being senior to that other Judge, and
(b) if the commissions of two or more Judges bear the same date, those Judges shall have seniority between themselves according to the seniority assigned to them by their commission or, failing any such assignment, according to the order of their being sworn.
While holding office, the Acting Chief Judge shall have and may exercise the functions of the Chief Judge.
The Governor may, by commission under the public seal of the State, appoint any qualified person to act as a Judge for a time not exceeding 5 years to be specified in the commission.
In subsection (1),
The person so appointed shall, for the time and subject to the conditions or limitations specified in the person’s commission, have and may exercise the functions of a Judge and shall, for the purposes of this or any other Act, be deemed to be a Judge.
The person so appointed may, despite the expiration of the period of the person’s appointment, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before the expiration of that period.
While a person completes or otherwise continues under subsection (3A) to deal with any matters relating to proceedings that have been heard or partly heard by the person before the expiration of the period of the person’s appointment, the person has all the entitlements and functions of a Judge and, for the purpose of those proceedings, is taken to continue to be a Judge.
A retired Judge of the Court or of another court in New South Wales (including a retired judicial member of the Industrial Commission or the Industrial Relations Commission) may be so appointed even though the retired Judge has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years.
The conditions or limitations specified in a commission under this section may exclude the whole or any part of the period of appointment from being regarded as prior judicial service (within the meaning of section 8 of the Judges’ Pensions Act 1953) by the person.
This section applies to each of the Judges of the Supreme Court (an
(a) the Chief Justice,
(b) the President of the Court of Appeal,
(c) the other Judges of Appeal,
(d) the Chief Judge at Common Law,
(e) the Chief Judge in Equity,
(f) an acting Judge.
An eligible judicial officer may act as a Judge for a particular period or in relation to particular proceedings in the Court if—
(a) the Chief Judge certifies that it is expedient that the eligible judicial officer should act as a Judge of the Court for the period or in relation to the proceedings, and
(b) the eligible judicial officer consents to acting as a Judge for the period or in relation to the proceedings, and
(c) the Chief Justice consents to the eligible judicial officer acting as a Judge for the period or in relation to the proceedings.
The following provisions apply to and in respect of an eligible judicial officer who acts as a Judge of the Court pursuant to the provisions of this section—
(a) the eligible judicial officer has, while acting as a Judge, all the powers, authorities, privileges and immunities of a Judge of the Land and Environment Court,
(b) the eligible judicial officer may attend the sittings of the Court for the purpose of giving judgment in, or otherwise completing, any proceedings which have been heard by the Court while the eligible judicial officer was acting as a Judge in the proceedings even if the eligible judicial officer is no longer acting as a Judge,
(c) the eligible judicial officer is not, while receiving remuneration as a Judge of the Supreme Court, entitled to remuneration for acting as a Judge of the Land and Environment Court,
(d) any service of the eligible judicial officer while acting as a Judge is taken for all purposes (including for the purposes of the Supreme Court Act 1970 and the Judges’ Pensions Act 1953) to be service as a Judge of the Supreme Court,
(e) nothing in this Act or any other law requires the eligible judicial officer to devote the whole of his or her time to the duties of acting as a Judge of the Land and Environment Court.
The Governor may appoint any qualified person to be a Commissioner of the Court.
A person is qualified to be appointed as a Commissioner if the person has, in the opinion of the Minister—
(a) special knowledge of and experience in the administration of local government or town planning,
(b) suitable qualifications and experience in town or country planning or environmental planning,
(c) special knowledge of and experience in environmental science or matters relating to the protection of the environment and environmental assessment,
(d) special knowledge of and experience in the law and practice of land valuation,
(e) suitable qualifications and experience in architecture, engineering, surveying or building construction,
(f) special knowledge of and experience in the management of natural resources or the administration and management of Crown lands, lands acquired under the Closer Settlement Acts and other lands of the Crown, or
(g) suitable knowledge of matters concerning land rights for Aborigines and qualifications and experience suitable for the determination of disputes involving Aborigines, or
(h) special knowledge of and experience in urban design or heritage.
A person is also qualified to be appointed as a Commissioner if the person is an Australian lawyer.
In appointing Commissioners, the Minister should ensure, as far as practicable, that the Court is comprised of persons who hold qualifications across the range of areas specified in subsections (2) and (2AA).
While exercising the jurisdiction of the Court or any other function under this Act in relation to proceedings in Class 8 of the Court’s jurisdiction, a Commissioner may be called a “Commissioner for Mining”.
A person may be appointed as a full-time Commissioner or a part-time Commissioner.
A person appointed as a part-time Commissioner is guilty of misbehaviour if, during the term of his or her appointment, the person appears as an expert witness, or acts as the representative of any party, in proceedings before the Court.
A person appointed as a Commissioner may, despite the expiration of the term of the person’s appointment, complete or otherwise continue to deal with any matters relating to proceedings that have been heard or partly heard, or a conciliation conference that has been presided over or partly presided over, by the person before the expiration of that term.
While a person completes or otherwise continues under subsection (2C) to deal with any matters relating to proceedings that have been heard or partly heard by the person, or conciliation conferences that have been presided over or partly presided over, before the expiration of the term of the person’s appointment, the person has all the entitlements and functions of a Commissioner and, for the purpose of those proceedings or conferences, is taken to continue to be a Commissioner.
One of the full-time Commissioners may, by the instrument of the Commissioner’s appointment or by a subsequent instrument, be appointed to be Senior Commissioner.
Schedule 1 has effect in respect of the Commissioners.
The Governor may appoint any qualified person to act as a Commissioner of the Court for a time not exceeding 5 years to be specified in the instrument of appointment.
In subsection (1),
The person so appointed has and may exercise, for the time and subject to the conditions or limitations specified in the instrument of appointment, the functions of a Commissioner and is, for the purposes of this or any other Act, deemed to be—
(a) in the case of a person acting on a full-time basis—a full-time Commissioner, and
(b) in the case of a person acting on a part-time basis—a part-time Commissioner.
An acting Commissioner is entitled to be paid—
(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and
(b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the acting Commissioner.
The provisions of the Government Sector Employment Act 2013 do not apply to or in respect of the appointment of an acting Commissioner, and an acting Commissioner is not, in the acting Commissioner’s capacity as such, subject to those provisions during the acting Commissioner’s term of office.
A person so appointed may, despite the expiration of the term of the person’s appointment, complete or otherwise continue to deal with any matter relating to proceedings that have been heard or partly heard, or a conciliation conference that has been presided over or partly presided over, by the person before the expiration of that term.
While a person completes or otherwise continues under subsection (6) to deal with any matters relating to proceedings or a conciliation conference, the person has all the entitlements and functions of a Commissioner (in the case of a person who acted on a full-time basis) or a part-time Commissioner (in the case of a person who acted on a part-time basis) and, for the purpose of those proceedings or that conference, is taken to continue to be a full-time Commissioner or part-time Commissioner (as the case may be).
Where a Commissioner—
(a) has a pecuniary interest, direct or indirect, in a matter which is the subject of proceedings before the Court, or
(b) is a member, officer, employee or servant of a public or local authority that is a party to any proceedings before the Court,
being proceedings in respect of which the Commissioner is exercising any functions conferred or imposed on the Commissioner by or under this Act or the rules, then—
(c) the Commissioner shall inform the Chief Judge that the Commissioner has such an interest or is such a member, officer, employee or servant, and
(d) the Commissioner shall thereupon cease to exercise those functions in relation to the proceedings.
A decision of the Court is not vitiated by reason that a Commissioner has failed to comply with subsection (1).
A Registrar, an Assistant Registrar and such other officers of the Court as may be necessary for the proper administration of this Act and the rules may be employed under the Government Sector Employment Act 2013.
The Registrar, Assistant Registrar and other officers of the Court shall have such functions as may be prescribed by this Act, the rules or the regulations.
The Assistant Registrar shall have and may exercise the functions of the Registrar, and all acts, matters and things done or omitted by the Assistant Registrar shall be as valid and effectual and shall have the same consequences as if the acts, matters and things had been done or omitted by the Registrar.
The Court shall have the jurisdiction vested in it by or under this or any other Act.
The Court also has jurisdiction to hear and dispose of any matter not falling within its jurisdiction under any other provision of this Act or under any other Act, being a matter that is ancillary to a matter that falls within its jurisdiction under any other provision of this Act or under any other Act.
For the purposes of this Act, the jurisdiction of the Court is divided into 8 classes, as provided in this Division.
The Court has jurisdiction (referred to in this Act as “Class 1” of its jurisdiction) to hear and dispose of the following—
(a) appeals under Part 9.2 of the Protection of the Environment Operations Act 1997,
(aa) appeals under section 85 of the Water NSW Act 2014,
(ab) appeals under section 22 of the Dams Safety Act 2015,
(b) appeals under section 114 of the Pesticides Act 1999,
(ba), (bb) (Repealed)
(c) appeals under section 368 (1) and (1A) of the Water Management Act 2000,
(ca) appeals under section 54 of the Biological Control Act 1985,
(cb), (cc) (Repealed)
(d) appeals, objections and applications under sections 4.55, 8.7, 8.8, 8.9, 8.16, 8.18, 8.21, 8.22, 8.23 and 8.25 of, and clause 35 of Schedule 5 to, the Environmental Planning and Assessment Act 1979,
(da) (Repealed)
(e) appeals under section 30, 70, or 70A of the Heritage Act 1977 and appeals remitted to the Court under section 77(1)(b) of the Heritage Act 1977 in respect of applications under the Environmental Planning and Assessment Act 1979,
(ea) appeals to the Court under the Biodiversity Conservation Act 2016,
(eb)
appeals to the Court under Part 5A of the Local Land Services Act 2013,
(f) (Repealed)
(g) (Repealed)
(h) appeals under Part 6 of the Contaminated Land Management Act 1997,
(ha) appeals under section 18 or 36A of the Protection from Harmful Radiation Act 1990,
(i) appeals under section 24 of the Plantations and Reafforestation Act 1999,
(j) appeals under section 35(1)(a) or 45(1)(a) of the Dangerous Goods (Road and Rail Transport) Act 2008, and
(ja) appeals under regulations under the Dangerous Goods (Road and Rail Transport) Act 2008 if the regulations prescribe the appeals are to be heard by the Court,
(k) appeals under sections 90L and 91T of the National Parks and Wildlife Act 1974,
(l) appeals under section 9.21 of the Crown Land Management Act 2016,
(m) appeals under the Water Industry Competition Act 2006, section 11A.
(n) appeals to the Court under the Plastic Reduction and Circular Economy Act 2021, Part 8.
The Court has jurisdiction (referred to in this Act as “Class 2” of its jurisdiction) to hear and dispose of the following—
(a) appeals or objections under sections 176, 177, 178, 180, 182 and 611 of, and regulations made under section 178A of, the Local Government Act 1993,
(a1) appeals under sections 15 and 105, and applications under section 106, of the Roads Act 1993,
(a2) appeals under section 307 of the Water Management Act 2000,
(a3) proceedings under section 71X(5) of, or Schedule 1A to, the Water Management Act 2000,
(b) appeals under the Community Land Development Act 2021, section 51,
(c) appeals under sections 66 and 85 of the Strata Schemes Development Act 2015,
(c1) appeals under section 16 of the Lake Illawarra Authority Act 1987,
(c2) appeals under section 38C or 38F of the Roads Act 1993,
(c3) appeals under section 26 of the Swimming Pools Act 1992,
(c4) (Repealed)
(d) appeals remitted to the Court under section 77(1)(b) of the Heritage Act 1977 other than appeals referred to in section 17(e),
(e) appeals under section 120L of the Heritage Act 1977,
(f) proceedings under sections 86 and 92 of the Strata Schemes Development Act 2015 and under section 52 of the Community Land Development Act 2021,
(g) applications under the Trees (Disputes Between Neighbours) Act 2006 (including applications involving the exercise of jurisdiction under the Dividing Fences Act 1991),
(h) appeals under section 39 of the Plumbing and Drainage Act 2011,
(i) appeals under sections 140, 182, 213, 259, 277, 328 and 360 of the Biosecurity Act 2015,
(j) despite any other provision of this Division—appeals under any Act to the Court against building product rectification orders made under the Building Products (Safety) Act 2017,
(k) proceedings under section 90 of the Design and Building Practitioners Act 2020,
(l) proceedings under sections 10, 30, 49 and 52 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020.
The Court has jurisdiction (referred to in this Act as “Class 3” of its jurisdiction) to hear and dispose of the following—
(a) appeals, references or other matters that may be heard and disposed of by the Court under the Crown Land Management Act 2016 or Division 2 of Part 12 of the Roads Act 1993, being appeals, references or other matters that are not referred to in any other section of this Part,
(b) appeals under section 37(1) of the Valuation of Land Act 1916,
(b1) (Repealed)
(c) appeals against boundary determinations under Part 14A (Boundary determinations) of the Real Property Act 1900,
(c1) proceedings under the Encroachment of Buildings Act 1922,
(d) appeals and applications under sections 179, 181, 526 (and section 526 as applied by section 531), 574, 677 and 730 of the Local Government Act 1993,
(d1) appeals under section 64 of the Fire and Emergency Services Levy Act 2017,
(e) claims for compensation by reason of the acquisition of land, referred to in Division 2,
(e1) (Repealed)
(e2) proceedings under sections 29, 30 and 31 of the Access to Neighbouring Land Act 2000,
(e3) appeals under section 22 or 24 of the Lord Howe Island Act 1953,
(f) (Repealed)
(f1) appeals under section 16 of the Coal Mine Subsidence Compensation Act 2017,
(g) proceedings to recover compensation payable pursuant to sections 4.57(7) and 8.19 of the Environmental Planning and Assessment Act 1979,
(g1) appeals under section 44, 202 or 220AA of the Fisheries Management Act 1994,
(g2) appeals under section 36(7) or 174 of the Aboriginal Land Rights Act 1983,
(g3) references under section 175 of the Aboriginal Land Rights Act 1983,
(g4) claims for compensation under section 71X of the Water Management Act 2000,
(g5) applications under section 40(2) of this Act,
(g6) applications and proceedings under Divisions 6, 7 and 8 of Part 10 of the Strata Schemes Development Act 2015,
(h) any other appeals, references or other matters which an Act provides may be heard and disposed of by the Court, being appeals, references or other matters that are not referred to in any other section of this Part.
The Court has jurisdiction (referred to in this Act as “Class 4” of its jurisdiction) to hear and dispose of the following—
(a) proceedings under section 44 or 153 of the Heritage Act 1977,
(aa) proceedings under section 282 of the Fisheries Management Act 1994,
(b) proceedings referred to in section 3.27 of the Environmental Planning and Assessment Act 1979,
(ba) proceedings under section 10 of the Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986,
(bb) proceedings under section 18 of the Ozone Protection Act 1989,
(c) proceedings under section 9.45 of the Environmental Planning and Assessment Act 1979,
(ca) proceedings under section 57 of the Environmentally Hazardous Chemicals Act 1985,
(caa) proceedings under Divisions 6 and 6A of Part 3, Part 7 and Division 3 of Part 10 of the Contaminated Land Management Act 1997,
(cab) proceedings under the Contaminated Land Management Act 1997, section 95AE or 95C,
(cb) proceedings under section 96 of the Pesticides Act 1999,
(cbb) proceedings under section 108 or 110 of the Pesticides Act 1999,
(cc) proceedings under the Pesticides Act 1999, section 99(6) or 112C,
(cd) proceedings under section 60B of the Pipelines Act 1967,
(ce) proceedings referred to in section 69G of the National Parks and Wildlife Act 1974,
(cf) proceedings under section 91H of the National Parks and Wildlife Act 1974,
(cg) proceedings under sections 193 and 202 of the National Parks and Wildlife Act 1974,
(cga) proceedings under Division 2 of Part 13 and sections 13.22 and 13.27 of the Biodiversity Conservation Act 2016,
(ch) proceedings under section 27 of the Wilderness Act 1987,
(ci) proceedings under Part 8.4 of the Protection of the Environment Operations Act 1997,
(cia) proceedings under sections 247 and 307 of the Protection of the Environment Operations Act 1997,
(cib) proceedings under the Protection of the Environment Operations Act 1997, section 251A,
(cic) proceedings under the Protection of the Environment Operations Act 1997, section 253B,
(cid) proceedings under the Protection of the Environment Operations Act 1997, sections 296P and 296Q,
(cj) proceedings that have been transferred to the Court under section 149B of the Civil Procedure Act 2005 (
transferred civil proceedings ),(cja) proceedings under section 100H of the Rural Fires Act 1997,
(ck) proceedings under section 57 of the Dangerous Goods (Road and Rail Transport) Act 2008,
(cl), (cm) (Repealed)
(cn) proceedings relating to elections for members of local boards (including relating to enrolment) under regulations made under the Local Land Services Act 2013,
(co) proceedings under the Protection from Harmful Radiation Act 1990, section 24A, 25B, 26(5), 27, 27A or 28,
(d) proceedings under sections 673 and 674 of the Local Government Act 1993,
(da) applications under section 17 of the Restricted Premises Act 1943,
(db) proceedings under section 50 (Prevention of unauthorised work) of the Coal Mine Subsidence Compensation Act 2017,
(dc) proceedings under section 30 of the Swimming Pools Act 1992,
(dd) proceedings under Division 5 of Part 7 of the Aboriginal Land Rights Act 1983,
(de) proceedings under section 91 of the Design and Building Practitioners Act 2020,
(dea) proceedings under section 31 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020,
(df) proceedings under section 10.32, 11.13 or 11.19 of the Crown Land Management Act 2016,
(df1) proceedings under sections 335, 336 and 336E of the Water Management Act 2000,
(dg) proceedings under section 353D of the Water Management Act 2000,
(dh) proceedings under section 57 or 60 of the Plantations and Reafforestation Act 1999,
(di) proceedings under section 40 of the Plumbing and Drainage Act 2011,
(dj) proceedings under sections 109, 148, 171, 350 and 385 of the Biosecurity Act 2015,
(dk) proceedings under section 105 of the Building and Development Certifiers Act 2018,
(dl) proceedings under the Plastic Reduction and Circular Economy Act 2021, section 34,
(e) proceedings referred to in subsection (2).
The Court has the same civil jurisdiction as the Supreme Court would, but for section 71, have to hear and dispose of the following proceedings—
(a) to enforce any right, obligation or duty conferred or imposed by a planning or environmental law, a development contract or a strata renewal plan,
(b) to review, or command, the exercise of a function conferred or imposed by a planning or environmental law, a development contract or a strata renewal plan,
(c) to make declarations of right in relation to any such right, obligation or duty or the exercise of any such function,
(d) whether or not as provided by section 68 of the Supreme Court Act 1970—to award damages for a breach of a development contract.
The Court has jurisdiction to hear and dispose of proceedings referred to in subsection (1)(dd).
For the purposes of subsection (2), a planning or environmental law is—
(a) any of the following Acts or provisions—
• Aboriginal Land Rights Act 1983 (other than Division 5 of Part 7),
• Biodiversity Conservation Act 2016,
• Biological Control Act 1985,
• Coal Mine Subsidence Compensation Act 2017,
• Coastal Management Act 2016,
• Contaminated Land Management Act 1997,
• Dangerous Goods (Road and Rail Transport) Act 2008 and regulations made under the Act,
• Environmental Planning and Assessment Act 1979,
• Environmentally Hazardous Chemicals Act 1985,
• Fire and Emergency Services Levy Act 2017,
• Part 5A or 5B of the Forestry Act 2012,
• Heritage Act 1977,
• Part 2 of Chapter 6, Chapter 7 or Chapter 15 of the Local Government Act 1993,
• Part 5A or 5B of, and Schedule 5A to, the Local Land Services Act 2013,
• Schedule 3 to the Miscellaneous Acts (Planning) Repeal and Amendment Act 1979,
• National Parks and Wildlife Act 1974,
• Ozone Protection Act 1989,
• Pesticides Act 1999,
• Plantations and Reafforestation Act 1999,
• Plastic Reduction and Circular Economy Act 2021,
• Plumbing and Drainage Act 2011,
• Protection of the Environment Administration Act 1991,
• Protection of the Environment Operations Act 1997,
• Protection from Harmful Radiation Act 1990,
• Rural Fires Act 1997,
• Trees (Disputes Between Neighbours) Act 2006,
• Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986,
• Waste Avoidance and Resource Recovery Act 2001,
• Waste Assets Management Corporation Act 2010, or
(b) any statutory instrument made or having effect thereunder or made for the purposes thereof, including any deemed environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979,
(c) (Repealed)
as respectively in force at any time, whether before, on or after 1 September 1980.
The Court (constituted by a Judge) may, by order, declare that any proceedings in the Court that it considers to be related or ancillary to transferred civil proceedings are to be dealt with together with the transferred civil proceedings. In the event of such an order being made, the proceedings that are the subject of the declaration may be dealt with under this Act as if they belonged to Class 4 of the Court’s jurisdiction even if they belong to a different class of the Court’s jurisdiction.
Subject to any adaptations prescribed by the rules, the provisions of the Supreme Court Act 1970, the Civil Procedure Act 2005 and the rules made under those Acts apply to the enforcement of a judgment or order of the Court in the same way as they apply to the enforcement of a judgment or order of the Supreme Court.
In this section—
The Court has jurisdiction (referred to in this Act as “Class 5” of its jurisdiction) to hear and dispose of the following in a summary manner—
(a) proceedings under Parts 8.2 and 8.3 of the Protection of the Environment Operations Act 1997,
(a1) proceedings under section 67, 70, 71, 73, 74, 77, 80, 81, 84, 92, 93 or 94 of the Water NSW Act 2014 or offences under regulations made under that Act,
(aa) proceedings under section 23 of the Ozone Protection Act 1989,
(b) proceedings under Divisions 1, 3 and 4 of Part 10 of the Pesticides Act 1999,
(ba) proceedings under section 11.1 of the Crown Land Management Act 2016,
(c)–(d) (Repealed)
(da) proceedings under section 47(5) of the Dangerous Goods (Road and Rail Transport) Act 2008,
(e) proceedings under section 158 of the Heritage Act 1977,
(f) proceedings under section 9.57 of the Environmental Planning and Assessment Act 1979,
(faa) proceedings under Divisions 1, 2, 2A and 4 of Part 10 of the Contaminated Land Management Act 1997,
(fa) proceedings under section 12 of the Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986,
(g) proceedings under section 691 of the Local Government Act 1993,
(ga) proceedings under section 364 of the Water Management Act 2000.
(gb) proceedings under section 277(1)(c) of the Fisheries Management Act 1994,
(gc) proceedings under section 53 of the Sydney Water Act 1994,
(h) proceedings under section 176(1AA) of the National Parks and Wildlife Act 1974,
(ha) proceedings under section 21 of the Very Fast Train (Route Investigation) Act 1989,
(hb) proceedings under Division 1 of Part 13 of the Biodiversity Conservation Act 2016,
(hc) proceedings for an offence under section 15 of the Trees (Disputes Between Neighbours) Act 2006,
(he) proceedings for an offence under the Marine Pollution Act 2012,
(hf) proceedings for an offence under section 25 of the Protection from Harmful Radiation Act 1990,
(hg) proceedings under section 119 of the Building and Development Certifiers Act 2018,
(hfa) proceedings for an offence under the Design and Building Practitioners Act 2020,
(hfb) proceedings for an offence under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020,
(hfc) proceedings for an offence under the Plastic Reduction and Circular Economy Act 2021,
(hg) proceedings under section 55 of the Coal Mine Subsidence Compensation Act 2017,
(hh) proceedings for an offence under the Water Industry Competition Act 2006,
(i) any other proceedings for an offence which an Act provides may be taken before, or dealt with by, the Court.
The Court has jurisdiction (referred to in this Act as “Class 6” of its jurisdiction) to hear and dispose of appeals under section 31 or 42 of the Crimes (Appeal and Review) Act 2001.
The Court has jurisdiction (referred to in this Act as “Class 7” of its jurisdiction) to hear and dispose of appeals under section 32 or 43 of the Crimes (Appeal and Review) Act 2001.
The Court has jurisdiction (referred to in this Act as “Class 8” of its jurisdiction) to hear and dispose of proceedings arising under the Mining Act 1992 or the Petroleum (Onshore) Act 1991.
This section does not apply to proceedings for an offence under either of those Acts.
The Court shall, in every matter before the Court, grant either absolutely or on such terms and conditions as the Court thinks just, all remedies to which any of the parties appears to be entitled in respect of a legal or equitable claim properly brought forward by that party in the matter, so that, as far as possible, all matters in controversy between the parties may be completely and finally determined and all multiplicity of proceedings concerning any of those matters may be avoided.
The Court has power, in relation to matters in which it has jurisdiction, to make orders of such kinds, including interlocutory orders, as the Court thinks appropriate.
If—
(a) a claim is made for compensation because of the compulsory acquisition of land in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, Division 2 of Part 12 of the Roads Act 1993 or any other Act, and
(b) no agreement is reached between the claimant and the authority required to pay the compensation,
the claim is (subject to any such Act) to be heard and disposed of by the Court and not otherwise.
The Court shall, for the purpose of determining any such claim, give effect to any relevant provisions of any Acts that prescribe a basis for, or matters to be considered in, the assessment of compensation.
(Repealed)
In hearing and disposing of any claim referred to in section 24, the Court shall have jurisdiction to determine the nature of the estate or interest of the claimant in the subject land and the amount of compensation (if any) to which the claimant is entitled.
In the exercise of its jurisdiction under subsection (1), the Court may order that any other person who claims to have had or who may have had an interest in the subject land at the date of acquisition or taking be joined as a party to the proceedings and may then proceed to determine the nature of the estate or interest of that person and the amount of compensation (if any) to which the person is entitled.
(Repealed)
This Division applies to—
(a) a development consent granted, or purporting to be granted, under the Environmental Planning and Assessment Act 1979—
(i) by the Minister, and
(ii) whether before or after the commencement of this subsection, and
(b) a development consent granted, or purporting to be granted, under the Environmental Planning and Assessment Act 1979—
(i) by any other consent authority, and
(ii) in respect of a development application made on or after the commencement of this subsection.
This Division extends to invalidity arising from any steps preliminary to the granting of a development consent to which this Division applies, whether those steps were taken, or should have been taken, by the Minister or any other consent authority, or by any other person or body.
In particular, this Division extends to invalidity arising from non-compliance with requirements declared to be mandatory requirements under section 4.60 of the Environmental Planning and Assessment Act 1979.
A reference in this Division to the Minister is a reference to the Minister responsible for the administration of the Environmental Planning and Assessment Act 1979.
The Court may, instead of declaring or determining that a development consent to which this Division applies is invalid, whether in whole or in part, make an order—
(a) suspending the operation of the consent in whole or in part, and
(b) specifying terms compliance with which will validate the consent (whether without alterations or on being regranted with alterations).
Terms may include (without limitation)—
(a) terms requiring the carrying out again of steps already carried out, or
(b) terms requiring the carrying out of steps not already commenced or carried out, or
(c) terms requiring acts, matters or things to be done or omitted that are different from acts, matters or things required to be done or omitted by or under this Act or any other Act.
On application by the Minister or any other consent authority for an order under this subsection on the grounds that the terms specified under section 25B have been substantially complied with and that it is not proposed that the relevant development consent be regranted with alterations, the Court may make an order—
(a) declaring that the terms have been substantially complied with, and
(b) declaring that the consent is valid, and
(c) revoking the order of suspension.
On application by the Minister or any other consent authority for an order under this subsection on the ground that the terms specified under section 25B have been substantially complied with and that the development consent has been regranted with alterations as referred to in section 4.61 of the Environmental Planning and Assessment Act 1979, the Court may make an order—
(a) declaring that the terms have been complied with, and
(b) declaring that the development consent has been validly regranted, and
(c) declaring that the suspended development consent has been revoked, and
(d) revoking the order of suspension.
Nothing in this Division prevents the grant of another development consent in relation to the same matter, during or after the period of suspension, pursuant to a development application duly made.
It is the duty of the Court to consider making an order under this Division instead of declaring or determining that a development consent to which this Division applies is invalid, whether in whole or in part.
(Repealed)
The Court shall sit at such places and times as the Chief Judge may direct.
More than one sitting of the Court may be held at the same time.
The Chief Judge is responsible for ensuring the orderly and expeditious discharge of the business of the Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to—
(a) the Judge, Commissioner or Commissioners who is or are to exercise the Court’s jurisdiction in particular matters or classes of matters, and
(b) the Commissioner or Commissioners who is or are to exercise any other function under this Act.
Subject to subsections (2A), (2B) and (2C), in determining the Commissioner or Commissioners who is or are to exercise the jurisdiction of the Court or any other function under this Act in relation to any proceedings, regard shall be had to the knowledge, experience and qualifications of the Commissioners and to the nature of the matters involved in the proceedings.
A Commissioner shall not exercise the jurisdiction of the Court or any other function under this Act in relation to any proceedings arising under the Aboriginal Land Rights Act 1983, unless the Commissioner has a qualification referred to in section 12(2)(g).
A Commissioner whose only qualification under section 12(2) or (2AA) is a qualification referred to in section 12(2)(g) shall not exercise the jurisdiction of the Court or any other function under this Act in relation to any proceedings other than proceedings arising under the Aboriginal Land Rights Act 1983.
A Commissioner shall not exercise the jurisdiction of the Court or any other function under this Act in relation to proceedings in Class 8 of the Court’s jurisdiction unless the Commissioner is an Australian lawyer.
Where the hearing of any proceedings has been commenced or completed by 2 or more Commissioners in accordance with section 36 but, before the proceedings have been disposed of, one of those Commissioners has ceased to be a Commissioner or has ceased to be available for the purposes of the proceedings—
(a) if the parties agree and the Chief Judge concurs, the proceedings may be heard and disposed of, or disposed of, by the remaining Commissioner or Commissioners, or
(b) in any other case—the proceedings shall be reheard in accordance with this Act.
Where proceedings are reheard, as referred to in subsection (3), the Court or the Commissioner or Commissioners rehearing the proceedings may, for the purposes of those proceedings, have regard to any record of the proceedings before the Commissioners referred to in that subsection, including a record of any evidence taken in the proceedings.
This section applies if the Court determines, on application by a party or of its own motion, that any proceedings before it are not being dealt with in the manner appropriate to the class of jurisdiction to which they belong.
In the circumstances referred to in subsection (1), the Court may make either of the following orders on such terms as may be necessary—
(a) an order that the proceedings be dismissed,
(b) an order that the proceedings be dealt with in the appropriate manner.
If the Court makes an order referred to in subsection (2)(b)—
(a) the proceedings are taken to have been duly commenced, and
(b) any step that has been taken in the proceedings is deemed to have been duly taken.
The Court may make such orders as it thinks fit for the future conduct of the proceedings.
(Repealed)
Classes 1, 2 and 3 of the Court’s jurisdiction shall, in accordance with this Act, be exercised by a Judge or one or more Commissioners.
Classes 4, 5, 6 and 7 of the Court’s jurisdiction shall, in accordance with this Act, be exercised by a Judge.
Class 8 of the Court’s jurisdiction shall, in accordance with this Act, be exercised by a Judge or by a Commissioner who is an Australian lawyer.
The Court’s jurisdiction under section 16(1A) is to be exercised by a Judge, but this subsection does not prevent a Judge from being assisted by one or more Commissioners in accordance with section 37.
If proceedings are pending in Class 1, 2 or 3 of the Court’s jurisdiction, the Court—
(a) may arrange a conciliation conference between the parties or their representatives, with or without their consent, and
(b) if it does so, must notify the parties or their representatives of the time and place fixed for the conference.
It is the duty of each party to proceedings where a conciliation conference has been arranged under subsection (1) to participate, in good faith, in the conciliation conference.
A conciliation conference is to be presided over by a single Commissioner.
If, either at or after a conciliation conference, agreement is reached between the parties or their representatives as to the terms of a decision in the proceedings that would be acceptable to the parties (being a decision that the Court could have made in the proper exercise of its functions), the Commissioner—
(a) must dispose of the proceedings in accordance with the decision, and
(b) must set out in writing the terms of the decision.
If no such agreement is reached, the Commissioner must terminate the conciliation conference and—
(a) unless the parties consent under paragraph (b), must make a written report to the Court—
(i) stating that no such agreement has been reached and that the conciliation conference has been terminated, and
(ii) setting out what in the Commissioner’s view are the issues in dispute between the parties, or
(b) if the parties consent to the Commissioner disposing of the proceedings, must dispose of the proceedings—
(i) following a hearing, whether held forthwith or later, or
(ii) with the consent of the parties, on the basis of what has occurred at the conciliation conference.
The Commissioner, when giving his or her decision under subsection (4)(b), is to give reasons for the decision—
(a) in writing, or
(b) orally and recorded by means that can be reproduced.
If satisfied that there is a good reason to do so, the Commissioner may adjourn the conciliation conference to a time and place fixed in consultation with the Registrar.
Subject to this Act and the rules, the Commissioner disposing of, or hearing and disposing of, proceedings pursuant to subsection (3) or (4)(b) has and may exercise the functions of the Court.
The decision of the Commissioner under subsection (3) or (4)(b) is taken to be the decision of the Court.
If a report is made to the Court under subsection (4)(a), it must, as soon as practicable, furnish a copy of the report to each of the parties.
If an agreement is reached between the parties and proceedings are being dealt with under subsection (3), any document signed by the parties is admissible as to the fact that such an agreement has been reached and as to the substance of the agreement.
The same privilege with respect to defamation as exists with respect to judicial proceedings and a document produced in judicial proceedings exists with respect to—
(a) a conciliation conference, and
(b) a document or other material sent to or produced to a Commissioner, or sent to or produced at the Court or the registry of the Court, for the purpose of enabling a conciliation conference to be arranged.
The privilege conferred by subsection (10A) extends only to a publication made—
(a) at a conciliation conference, or
(b) in a document or other material sent to or produced to a Commissioner, or sent to or produced at the Court or the registry of the Court, for the purpose of enabling a conciliation conference to be arranged.
Subject to subsections (10) and (12)—
(a) evidence of anything said or of any admission made in a conciliation conference is not admissible in any proceedings before any court, tribunal or body, and
(b) a document prepared for the purposes of, or in the course of, or as a result of, a conciliation conference, or any copy of such a document, is not admissible in evidence in any proceedings before any court, tribunal or body.
Subsection (11) does not apply with respect to any evidence or document if the parties consent to the admission of the evidence or document.
The Commissioner presiding over a conference under this section in relation to any proceedings is disqualified from further participation in those proceedings, unless the parties otherwise agree.
Unless otherwise directed by the Chief Judge, the Registrar may preside over a conference under this section and, in that event, a reference in this section to a Commissioner includes a reference to the Registrar.
This section applies to the following proceedings pending in Class 1 of the Court’s jurisdiction relating to appeals, objections and applications under section 8.7 or 8.9 of the Environmental Planning and Assessment Act 1979—
(a) proceedings concerning development applications, or modifications to development consents, for—
(i) development for the purposes of detached single dwellings and dual occupancies (including subdivisions), or alterations or additions to such dwellings or dual occupancies, or
(ii) development of a kind prescribed by the regulations,
(b) particular proceedings that the Court orders, on the application of a party to the proceedings or of its own motion, to be dealt with under this section.
Section 34 applies to the proceedings with the following modifications—
(a) the Court must arrange a conciliation conference between the parties and their representatives with or without their consent,
Note. The Commissioner has the discretion to determine the place (including an on-site hearing) fixed for the conciliation conference.
(b) if no agreement of a kind referred to in section 34(3) is reached, the Commissioner who presides over the conciliation conference must terminate the conciliation conference and, subject to this section, dispose of the proceedings—
(i) following a hearing held forthwith, or
(ii) if the parties consent, on the basis of what has occurred at the conciliation conference.
The Court or the Commissioner may at any time, if the Court or Commissioner thinks it appropriate in the circumstances of the case, determine that proceedings are not to be dealt with or are not to continue to be dealt with under subsection (2). A determination may be made on the motion of the Court or Commissioner or on application by the parties.
If the Court or Commissioner determines that proceedings are not to be dealt with or are not to continue to be dealt with under subsection (2), the proceedings are to be dealt with under section 34C.
This section applies to the following proceedings, if the proceedings have not been disposed of under section 34—
(a), (b) (Repealed)
(c) proceedings in Class 1 of the Court’s jurisdiction that are brought under section 8.7 of the Environmental Planning and Assessment Act 1979,
(c1) proceedings in Class 1 of the Court’s jurisdiction that are brought under section 8.9 of the Environmental Planning and Assessment Act 1979,
(d) proceedings in Class 1 of the Court’s jurisdiction that are brought under section 8.18 of the Environmental Planning and Assessment Act 1979,
(e) proceedings in Class 1 of the Court’s jurisdiction that are brought under section 8.25 of the Environmental Planning and Assessment Act 1979,
(f) proceedings in Class 2 of the Court’s jurisdiction that are brought under section 7 of the Trees (Disputes Between Neighbours) Act 2006,
(g) proceedings in Class 2 of the Court’s jurisdiction that are brought under section 14B of the Trees (Disputes Between Neighbours) Act 2006.
This section does not apply to proceedings to which section 34AA applies.
If, in relation to proceedings under section 8.7 of the Environmental Planning and Assessment Act 1979, the parties agree, or, in the absence of any such agreement, the Registrar at the first or a subsequent callover determines, that the proceedings involve proposed development that—
(a) has an estimated value that is less than half the median sale price for the previous quarter for all dwellings in the local government area in which the development is proposed to be carried out, and
(b) if carried out, would have little or no impact beyond neighbouring properties, and
(c) does not involve any significant issue of public interest beyond any impact on neighbouring properties,
the proceedings are to be dealt with under section 34B, subject to subsection (6).
Proceedings to which this section applies (other than proceedings under section 8.7 of the Environmental Planning and Assessment Act 1979) are to be dealt with under section 34B, subject to subsection (6), if the Registrar at the first or a subsequent callover determines that the proceedings—
(a) have little or no impact beyond neighbouring properties, and
(b) do not involve any significant issue of public interest beyond any impact on neighbouring properties.
Proceedings that are dealt with under section 34B are referred to in this Act as
Proceedings to which this section applies, other than those referred to in subsection (2) or (2A), are to be dealt with under section 34C, subject to subsection (6).
Proceedings that are dealt with under section 34C are referred to in this Act as
At any time before proceedings to which this section applies commence to be dealt with under section 34B or 34C, the Court, on the application of a party or of its own motion, may determine that the proceedings are to be dealt with—
(a) under section 34C instead of under section 34B, or
(b) under section 34B instead of under section 34C.
Proceedings that are dealt with under this section are to be dealt with by means of an on-site conference to be heard and disposed of by one or more Commissioners.
The on-site conference is to be held on the site of the proposed development, unless the Commissioner is of the opinion that—
(a) it would be unfair to the interests of one or more of the parties to hold the on-site conference there, or
(b) the lack of facilities at that site make it impractical to hold the on-site conference there.
The Commissioner may dispose of the proceedings with or without further hearing, at any time after the conclusion of the on-site conference.
The Commissioner, when giving his or her decision, is to give reasons for the decision—
(a) in writing, or
(b) orally and recorded by means that can be reproduced.
The provisions of section 36(2)–(6) apply to the hearing and disposal of proceedings under this section.
In this section,
Proceedings that are dealt with under this section are to be dealt with, at the direction of the Chief Judge—
(a) by a Judge, or
(b) by a single Commissioner, or
(c) if, in the opinion of the Chief Judge, the hearing of the proceedings is likely to be lengthy, or if the proceedings involve a publicly controversial site, or a publicly controversial development, or if the proceedings involve a substantial number of issues, or if the Chief Judge is of the opinion that it is otherwise appropriate to do so, by a panel consisting of—
(i) two or more Commissioners, or
(ii) a Judge and one or more Commissioners.
The appointment of a person to a panel is to be made having regard to the relevance of the person’s expertise and experience to the subject of the proceedings.
If a panel consists of two or more Commissioners, the provisions of section 36(2)–(7) apply to the proceedings before the panel in the same way as those provisions apply to proceedings under section 36.
If a panel consists of a Judge and one or more Commissioners—
(a) subject to this Act and the rules, the panel has and may exercise the functions of the Court, and
(b) the Judge is to preside at the hearing of the proceedings before the panel, and
(c) the Commissioner or Commissioners may advise and assist the Judge but are not to adjudicate on any matter before the panel, and
(d) the provisions of section 37(4) apply to the Judge who is a member of the panel in the same way as those provisions apply to a Judge before whom proceedings referred to in section 37(1) or (2) are pending, and
(e) the decision of the panel is taken to be the decision of the Court.
The provisions of section 36(2), (3), (5), (6) and (7) apply to the hearing and disposal of proceedings under this section by a single Commissioner in the same way as those provisions apply to the hearing and disposal of proceedings under that section by a single Commissioner.
Before disposing of a court hearing matter, the Court (or the persons exercising the functions of the Court) must make an inspection of the site of the proposed development, unless—
(a) all the parties agree to dispense with an inspection, or
(b) the Court (or the persons exercising the functions of the Court) considers that the matter can be properly determined without the need for an inspection.
Where proceedings are pending in Class 3 of the Court’s jurisdiction, the Court may, with the consent of the parties, direct that an inquiry into any issue raised in, or other matter connected with, the proceedings be made by a single Commissioner.
The Commissioner making an inquiry pursuant to this section shall make a report to the Court.
Where a report is made to the Court under subsection (2), the Court shall, as soon as practicable, furnish a copy of the report to each of the parties.
The Court may, with the consent of the parties, adopt any findings or observations set out in a report under subsection (2).
A Commissioner, in making an inquiry pursuant to this section, shall have and may exercise the functions of the Court under section 68 of the Civil Procedure Act 2005.
A Commissioner who has made an inquiry pursuant to this section in relation to any proceedings is disqualified from further participation in those proceedings, unless the parties otherwise agree.
Where proceedings are pending in Class 1, 2 or 3 of the Court’s jurisdiction (other than proceedings that are being dealt with under section 34A or 40), the Chief Judge—
(a) except as provided by paragraph (b) or subsection (1B), may, of the Chief Judge’s own motion or on the request of a party, direct that the proceedings be heard and disposed of by one or more Commissioners, and
(b) shall, where the proceedings are proceedings—
(i) arising under the Aboriginal Land Rights Act 1983, and
(ii) of a kind specified in Schedule 2,
direct that the proceedings be heard and disposed of by a Commissioner.
The Governor may, by regulation, amend Schedule 2 by—
(a) adding thereto any matter,
(b) altering any matter therein, or
(c) omitting any matter therefrom,
or may, by regulation, omit the Schedule and insert instead a new Schedule.
The Chief Judge may not direct under this section that proceedings under section 29, 30 or 31 of the Access to Neighbouring Land Act 2000 are to be heard and disposed of by one or more Commissioners.
Subject to this Act and the rules, the Commissioner or Commissioners hearing and disposing of the proceedings pursuant to this section shall have and may exercise the functions of the Court (other than its functions under this section).
The decision of the Commissioner or Commissioners shall be deemed to be the decision of the Court.
Where proceedings are directed to be heard and disposed of by 2 or more Commissioners—
(a) if the Senior Commissioner is one of the Commissioners hearing and disposing of the proceedings—the Senior Commissioner shall preside at the hearing of the proceedings,
(b) if the Senior Commissioner is not one of those Commissioners—one of those Commissioners directed to do so by the Chief Judge shall preside at the hearing, and
(c) if the Commissioners are divided in opinion as to the decision to be made on any question—
(i) if there is a majority of the one opinion—the question shall be decided according to the opinion of the majority, or
(ii) in any other case—the question shall be decided according to the opinion of the Commissioner presiding.
Proceedings that are before a Commissioner under section 34, or under this section, may be referred or removed for hearing and determination by a Judge in the same way as proceedings before an associate Judge may be referred or removed for hearing and determination by a Judge in the Supreme Court.
The power of a Commissioner to refer proceedings pursuant to subsection (5) is subject to any contrary order of the Chief Judge.
(Repealed)
Where proceedings are pending in Class 1, 2, 3 or 4 of the Court’s jurisdiction before a Judge (other than proceedings that are being dealt with under section 34A), the Court may, in hearing the proceedings, or any part of the proceedings, be assisted by one or more Commissioners.
Notwithstanding subsection (1), where proceedings are pending in Class 3 of the Court’s jurisdiction, being proceedings—
(a) arising under the Aboriginal Land Rights Act 1983, and
(b) other than of a kind specified in Schedule 2,
the Court shall, in hearing the proceedings or any part of the proceedings, be assisted by 2 Commissioners or, if the Chief Judge so directs, by one Commissioner.
A Commissioner assisting the Court as referred to in subsection (1) or (2) may assist and advise the Court, but shall not adjudicate on any matter before the Court.
A Judge before whom proceedings referred to in subsection (1) or (2) are pending may commence or continue the hearing of the proceedings, or any part of the proceedings—
(a) without the assistance of a Commissioner who is not available or has ceased to be available to assist in the hearing of the proceedings or part of the proceedings, and
(b) without the assistance of Commissioners generally if, in the opinion of the Judge, the proceedings or part of the proceedings concern or concerns a question of law only.
Proceedings in Class 1, 2 or 3 of the Court’s jurisdiction shall be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act and of every other relevant enactment and as the proper consideration of the matters before the Court permit.
In proceedings in Class 1, 2 or 3 of the Court’s jurisdiction, the Court is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks appropriate and as the proper consideration of the matters before the Court permits.
Subject to the rules, and without limiting the generality of subsection (2), the Court may, in relation to proceedings in Class 1, 2 or 3 of the Court’s jurisdiction, obtain the assistance of any person having professional or other qualifications relevant to any issue arising for determination in the proceedings and may receive in evidence the certificate of any such person.
In proceedings in Class 1, 2 or 3 of the Court’s jurisdiction, the Court may, in respect of a matter not dealt with by this Act or the rules, give directions as to the procedure to be followed at or in connection with the hearing.
In this section, a reference to the Court includes a reference to the Commissioner or Commissioners directed under section 36 to hear and dispose of proceedings.
In this section,
In addition to any other functions and discretions that the Court has apart from this subsection, the Court shall, for the purposes of hearing and disposing of an appeal, have all the functions and discretions which the person or body whose decision is the subject of the appeal had in respect of the matter the subject of the appeal.
An appeal in respect of such a decision shall be by way of rehearing, and fresh evidence or evidence in addition to, or in substitution for, the evidence given on the making of the decision may be given on the appeal.
In making its decision in respect of an appeal, the Court shall have regard to this or any other relevant Act, any instrument made under any such Act, the circumstances of the case and the public interest.
The decision of the Court upon an appeal shall, for the purposes of this or any other Act or instrument, be deemed, where appropriate, to be the final decision of the person or body whose decision is the subject of the appeal and shall be given effect to accordingly.
Notwithstanding any other provision of this section, if an appeal relates to an application made to a council within the meaning of the Local Government Act 1993 or a consent authority within the meaning of the Environmental Planning and Assessment Act 1979 and that council or consent authority may not approve of, consent to, or deal with, or grant a permission in respect of, the application except after consultation with, or with the concurrence or approval of, any person or body—
(a) the Court may determine the appeal whether or not the consultation has taken place and whether or not the concurrence or approval has been granted, and
(b) in a case where the concurrence or approval has been granted—the Court may vary or revoke any conditions imposed by that person or body or may impose any conditions that could have been imposed by that person or body.
(Repealed)
The functions of the Court under this section are in addition to and not in derogation from any other functions of the Court.
This section (other than subsection (5)) does not apply to proceedings under section 30 or 31 of the Access to Neighbouring Land Act 2000.
(Repealed)
This section applies if—
(a) the Court has determined to grant or modify a development consent pursuant to proceedings on an appeal under the Environmental Planning and Assessment Act 1979, or
(b) proceedings on an appeal under the Environmental Planning and Assessment Act 1979 with respect to the granting or modification of a development consent are pending before the Court (whether constituted by a Judge or by one or more Commissioners).
The appellant may make an application to the Court for an order imposing an easement over land.
The parties to an application under this section include the owner of the land to be burdened by the easement, and each other person having an estate or interest in the land, as evidenced by an instrument registered in the General Register of Deeds or the Register kept under the Real Property Act 1900.
In dealing with an application under this section, the Court may exercise the jurisdiction of the Supreme Court under section 88K of the Conveyancing Act 1919 and, in that event, section 88K of the Conveyancing Act 1919 applies to the Court’s exercise of that jurisdiction in the same way as it applies to the exercise of that jurisdiction by the Supreme Court.
Part 5 of Chapter 4 of the Criminal Procedure Act 1986 applies to proceedings in Class 5 of the Court’s jurisdiction.
This section applies to proceedings relating to small-scale titles that are pending in Class 8 of the Court’s jurisdiction to hear and dispose of proceedings arising under the Mining Act 1992 other than proceedings relating to a matter referred to in section 293(1)(q) of that Act.
Section 34 applies to the proceedings (in the same way as it applies to proceedings in Class 1, 2 or 3 of the Court’s jurisdiction) but with the following modifications—
(a) the Court must arrange a conciliation conference between the parties and their representatives with or without their consent at such place as the Court determines,
(b) if no agreement of a kind referred to in section 34(3) is reached, the Commissioner who presides over the conciliation conference must terminate the conciliation conference and, subject to this section, dispose of the proceedings—
(i) following a hearing held forthwith, or
(ii) if the parties consent, on the basis of what has occurred at the conciliation conference.
The Court or the Commissioner may at any time, if the Court or Commissioner thinks it appropriate in the circumstances of the case, determine that proceedings are not to be dealt with or are not to continue to be dealt with under subsection (2). A determination may be made on the motion of the Court or Commissioner or on application by the parties.
No 80 | Pesticides Act 1999. Assented to 3.12.1999. Date of commencement of Sch 3.4 [1] and [2], 1.7.2000, sec 2 and GG No 144 of 24.12.1999, p 12189; date of commencement of Sch 3.4 [3] and [4], 1.1.2000, sec 2 and GG No 144 of 24.12.1999, p 12189. | |
No 87 | Water Amendment (Flood Control Works) Act 1999. Assented to 3.12.1999. Date of commencement, 7.7.2000, sec 2 and GG No 85 of 7.7.2000, p 6064. | |
No 94 | Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of Sch 4.36, 3.4.2000, sec 2 (1) and GG No 42 of 31.3.2000, p 2487. | |
No 97 | Plantations and Reafforestation Act 1999. Assented to 8.12.1999. Date of commencement, 14.12.2001, sec 2 and GG No 190 of 14.12.2001, p 9834. | |
No 98 | Water Legislation Amendment Act 1999. Assented to 8.12.1999. Date of commencement of Sch 4.1, 7.4.2000, sec 2 and GG No 44 of 7.4.2000, p 2886. | |
No 2 | Access to Neighbouring Land Act 2000. Assented to 1.5.2000. Date of commencement, 1.1.2001, sec 2 and GG No 162 of 15.12.2000, p 13168. | |
No 31 | Courts Legislation Amendment Act 2000. Assented to 14.6.2000. Date of commencement of Sch 10, 25.9.2000, sec 2 (1) and GG No 125 of 22.9.2000, p 10678. | |
No 72 | Administrative Decisions Tribunal Legislation Amendment (Revenue) Act 2000. Assented to 17.10.2000. The amendment made by Sch 3.1 was not commenced and was repealed by the Valuation of Land Amendment Act 2000 No 106. | |
No 92 | Water Management Act 2000. Assented to 8.12.2000. Date of commencement of Sch 8.14, 1.7.2004, sec 2 (1) and GG No 110 of 1.7.2004, p 5002. | |
No 106 | Valuation of Land Amendment Act 2000. Assented to 13.12.2000. Date of commencement of Sch 4.3, 31.12.2000, sec 2 and GG No 168 of 22.12.2000, p 13468. | |
No 10 | Nature Conservation Trust Act 2001. Assented to 18.4.2001. Date of commencement of Sch 5, 29.6.2001, sec 2 and GG No 103 of 29.6.2001, p 4444. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2001. Assented to 17.7.2001. Date of commencement of Sch 2.26, assent, sec 2 (2). | |
No 58 | Waste Avoidance and Resource Recovery Act 2001. Assented to 17.7.2001. Date of commencement of Sch 3.4, 8.10.2001, sec 2 and GG No 143 of 21.9.2001, p 7867. | |
No 59 | Waste Recycling and Processing Corporation Act 2001. Assented to 17.7.2001. Date of commencement, 1.9.2001, sec 2 and GG No 132 of 31.8.2001, p 6566. | |
No 118 | Aboriginal Land Rights Amendment Act 2001. Assented to 19.12.2001. Date of commencement, 25.10.2002, sec 2 and GG No 189 of 25.10.2002, p 9059. | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 7 | Courts Legislation Amendment Act 2002. Assented to 17.4.2002. Date of commencement, assent, sec 2. | |
No 67 | Rural Fires and Environmental Assessment Legislation Amendment Act 2002. Assented to 10.7.2002. Date of commencement, 1.8.2002, sec 2 and GG No 122 of 26.7.2002, p 5545. | |
No 70 | Courts Legislation Further Amendment Act 2002. Assented to 10.9.2002. Date of commencement of Sch 2, 20.9.2002, sec 2 (1) and GG No 149 of 20.9.2002, p 8195. | |
No 76 | Land and Environment Court Amendment Act 2002. Assented to 2.10.2002. Date of commencement, 10.2.2003, sec 2 and GG No 39 of 7.2.2003, p 763. | |
No 99 | Courts Legislation Miscellaneous Amendments Act 2002. Assented to 29.11.2002. Date of commencement of Sch 3, 20.12.2002, sec 2 (1) and GG No 263 of 20.12.2002, p 10739. | |
No 131 | Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs) Act 2002. Assented to 17.12.2002. Date of commencement, 9.2.2003, sec 2 and GG No 39 of 7.2.2003, p 760. | |
No 138 | Water Management Amendment Act 2002. Assented to 18.12.2002. Date of commencement, 20.12.2002, sec 2 and GG No 263 of 20.12.2002, p 10753. | |
No 55 | Sydney Water Amendment (Water Restrictions) Act 2003. Assented to 29.10.2003. Date of commencement, 1.11.2003, sec 2 and GG No 176 of 31.10.2003, p 10367. | |
No 103 | Native Vegetation Act 2003. Assented to 11.12.2003. Date of commencement, 1.12.2005, sec 2 and GG No 140 of 18.11.2005, p 9404. | |
No 104 | Catchment Management Authorities Act 2003. Assented to 11.12.2003. Date of commencement, 23.1.2004, sec 2 and GG No 16 of 23.1.2004, p 257. | |
No 12 | Lord Howe Island Amendment Act 2004. Assented to 24.3.2004. Date of commencement, 2.4.2004, sec 2 and GG No 69 of 2.4.2004, p 1796. | |
No 39 | Water Management Amendment Act 2004. Assented to 24.6.2004. Date of commencement, 1.7.2004, sec 2 and GG No 110 of 1.7.2004, p 5003. | |
No 108 | Rookwood Necropolis Amendment Act 2004. Assented to 15.12.2004. Date of commencement of Sch 3.2, 1.4.2005, sec 2 (2) and GG No 34 of 18.3.2005, p 768. | |
No 28 | Civil Procedure Act 2005. Assented to 1.6.2005. Date of commencement of Sch 5.24, 15.8.2005, sec 2 (1) and GG No 100 of 10.8.2005, p 4205. | |
No 31 | Courts Legislation Amendment Act 2005. Assented to 15.6.2005. Date of commencement of Sch 8, assent, sec 2 (1). | |
No 43 | Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005. Assented to 16.6.2005. Date of commencement of Sch 7.8, 1.8.2005, sec 2 and GG No 96 of 29.7.2005, p 4031. | |
No 23 | Courts Legislation Amendment Act 2006. Assented to 17.5.2006. Date of commencement of Sch 6, assent, sec 2 (1). | |
No 56 | Courts Legislation Further Amendment Act 2006. Assented to 20.6.2006. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 107 | Crimes and Courts Legislation Amendment Act 2006. Assented to 29.11.2006. Date of commencement of Sch 1.19, assent, sec 2 (2). | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 125 | Threatened Species Conservation Amendment (Biodiversity Banking) Act 2006. Assented to 4.12.2006. Date of commencement, assent, sec 2. | |
No 126 | Trees (Disputes Between Neighbours) Act 2006. Assented to 4.12.2006. Date of commencement, 2.2.2007, sec 2 and GG No 11 of 19.1.2007, p 164. | |
No 29 | Brothels Legislation Amendment Act 2007. Assented to 4.7.2007. Date of commencement, 1.10.2007, sec 2 and GG No 132 of 28.9.2007, p 7324. | |
No 56 | Courts Legislation Amendment Act 2007. Assented to 15.11.2007. Date of commencement of Sch 6, 28.1.2008, sec 2 (3) and GG No 182 of 14.12.2007, p 9537. | |
No 73 | Courts and Other Legislation Amendment Act 2007. Assented to 7.12.2007. Date of commencement of Sch 2, 1.1.2009, sec 2 (2) and GG No 158 of 19.12.2008, p 12302. | |
No 83 | Sydney Water Catchment Management Amendment Act 2007. Assented to 7.12.2007. Date of commencement, 22.2.2008, sec 2 and GG No 21 of 22.2.2008, p 1039. | |
No 19 | Mining Amendment Act 2008. Assented to 20.5.2008. Sch 2.4A was not commenced and the Act was repealed by the Mining and Petroleum Legislation Amendment (Harmonisation) Act 2015. | |
No 53 | Courts and Crimes Legislation Amendment Act 2008. Assented to 1.7.2008. Date of commencement of Sch 13, assent, sec 2 (1). | |
No 80 | Vexatious Proceedings Act 2008. Assented to 5.11.2008. Date of commencement, 1.12.2008, sec 2 and GG No 150 of 21.11.2008, p 11251. | |
No 95 | Dangerous Goods (Road and Rail Transport) Act 2008. Assented to 3.12.2008. Date of commencement, 1.5.2009, sec 2 and 2009 (122) LW 17.4.2009. | |
No 107 | Courts and Crimes Legislation Further Amendment Act 2008. Assented to 8.12.2008. Date of commencement of Sch 14 [1]–[8] and [10]–[15], 7.4.2009, sec 2 (2) and 2009 (112) LW 3.4.2009; date of commencement of Sch 14 [9] [16] and [17], assent, sec 2 (1). | |
No 112 | Rural Lands Protection Amendment Act 2008. Assented to 10.12.2008. Date of commencement of Sch 6.15, 1.1.2009, sec 2 (1). | |
No 42 | Rookwood Necropolis Repeal Act 2009. Assented to 26.6.2009. Date of commencement, 1.7.2009, sec 2 and 2009 (306) LW 1.7.2009. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 4, 17.7.2009, sec 2 (1). | |
No 114 | Fisheries Management Amendment Act 2009. Assented to 14.12.2009. Date of commencement of Sch 2, 1.4.2010, sec 2 and 2010 (112) LW 1.4.2010. | |
No 27 | Trees (Disputes Between Neighbours) Amendment Act 2010. Assented to 26.5.2010. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 38 | National Parks and Wildlife Amendment Act 2010. Assented to 15.6.2010. Date of commencement of Sch 3.4, 2.7.2010, sec 2 and 2010 (344) LW 2.7.2010. | |
No 39 | Threatened Species Conservation Amendment (Biodiversity Certification) Act 2010. Assented to 15.6.2010. Date of commencement, 2.7.2010, sec 2 and 2010 (345) LW 2.7.2010. | |
No 59 | Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 2.47, 9.7.2010, sec 2 (2). | |
No 63 | Courts Legislation Amendment Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1.11, assent, sec 2 (2). | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 2, 7.1.2011, sec 2 (2). | |
No 120 | Planning Appeals Legislation Amendment Act 2010. Assented to 29.11.2010. Date of commencement of Sch 2, 7.2.2011, sec 2 and 2011 (45) LW 4.2.2011. | |
No 133 | Water Management Amendment Act 2010. Assented to 7.12.2010. Date of commencement of Sch 3.2, 1.3.2024, sec 2 and 2024 (20) LW 9.2.2024. | |
No 8 | Courts and Other Legislation Amendment Act 2011. Assented to 7.6.2011. Date of commencement, assent, sec 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2011. Assented to 27.6.2011. Date of commencement of Sch 2.23, 7.6.2011, Sch 2.23. | |
No 38 | Courts and Other Legislation Further Amendment Act 2011. Assented to 13.9.2011. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 59 | Plumbing and Drainage Act 2011. Assented to 16.11.2011. Date of commencement, 1.7.2012, sec 2 and 2012 (298) LW 29.6.2012. | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 2.17, 6.1.2012, sec 2 (1). | |
No 5 | Marine Pollution Act 2012. Assented to 14.3.2012. Date of commencement, 1.9.2014, sec 2 and 2014 (520) LW 22.8.2014. | |
No 60 | Courts and Other Legislation Amendment Act 2012. Assented to 10.9.2012. Date of commencement of Sch 10 [1] [4] and [5], assent, sec 2 (1); date of commencement of Sch 10 [2] and [3], 28.10.2012, sec 2 (3) and 2012 (531) LW 26.10.2012. | |
No 96 | Forestry Act 2012. Assented to 21.11.2012. Date of commencement of Sch 4.15, 1.1.2013, sec 2 and 2012 (680) LW 21.12.2012. | |
No 1 | Courts and Other Legislation Further Amendment Act 2013. Assented to 28.2.2013. Date of commencement of Sch 1.15, assent, sec 2 (1). | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013. Date of commencement of Sch 2.18, 5.7.2013, sec 2 (1). | |
No 51 | Local Land Services Act 2013. Assented to 1.7.2013. Date of commencement of Sch 7, 1.1.2014, sec 2 (1). | |
No 14 | Courts and Other Legislation Amendment Act 2014. Assented to 20.5.2014. Date of commencement of Sch 5.3, assent, sec 2 (1). | |
No 53 | Mining Amendment (Small-Scale Title Compensation) Act 2014. Assented to 25.9.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (834) LW 19.12.2014. | |
No 65 | Protection of the Environment Legislation Amendment Act 2014. Assented to 28.10.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (835) LW 19.12.2014. | |
No 74 | Water NSW Act 2014. Assented to 11.11.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014. | |
No 2 | Courts and Crimes Legislation Amendment Act 2015. Assented to 15.5.2015. Date of commencement, assent, sec 2. | |
No 3 | Pesticides Amendment Act 2015. Assented to 18.5.2015. Date of commencement of Sch 2.1, 1.12.2015, sec 2 (1) and 2015 (420) LW 31.7.2015. | |
No 7 | Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015. Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
No 24 | Biosecurity Act 2015. Assented to 22.9.2015. Date of commencement of Sch 8.23, 1.7.2017, sec 2 and 2017 (227) LW 2.6.2017. | |
No 26 | Dams Safety Act 2015. Assented to 28.9.2015. Date of commencement of Sch 3.2, 1.11.2019, sec 2(1) and 2019 (505) LW 18.10.2019. | |
No 51 | Strata Schemes Development Act 2015. Assented to 5.11.2015. Date of commencement, 30.11.2016, sec 2 and 2016 (658) LW 4.11.2016. | |
No 20 | Coastal Management Act 2016. Assented to 7.6.2016. Date of commencement, 3.4.2018, sec 2 and 2018 (110) LW 29.3.2018. | |
No 26 | Courts Legislation Amendment (Disrespectful Behaviour) Act 2016. Assented to 7.6.2016. Date of commencement, 1.9.2016, sec 2 and 2016 (535) LW 26.8.2016. | |
No 48 | Industrial Relations Amendment (Industrial Court) Act 2016. Assented to 18.10.2016. Date of commencement of Sch 2, 8.12.2016, sec 2 (1) and 2016 (674) LW 15.11.2016. | |
No 54 | Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016. Assented to 25.10.2016. Date of commencement, assent, sec 2. | |
No 63 | Biodiversity Conservation Act 2016. Assented to 23.11.2016. Date of commencement, 25.8.2017, sec 1.2 and 2017 (459) LW 25.8.2017. | |
No 9 | Fire and Emergency Services Levy Act 2017. Assented to 4.4.2017. Date of commencement, assent, sec 2. | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 4, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
No 21 | Protection of the Environment Legislation Miscellaneous Amendments Act 2017. Assented to 1.6.2017. Date of commencement of Sch 5, 1.6.2017, sec 2 (1). | |
No 37 | Coal Mine Subsidence Compensation Act 2017. Assented to 14.8.2017. Date of commencement, 1.1.2018, sec 2 and 2017 (685) LW 8.12.2017. | |
No 60 | Environmental Planning and Assessment Amendment Act 2017. Assented to 23.11.2017. Date of commencement, 1.3.2018, sec 2 and 2018 (64) LW 28.2.2018. | |
No 4 | Justice Legislation Amendment Act 2018. Assented to 21.3.2018. Date of commencement of Sch 1.9, assent, sec 2 (1). | |
No 29 | Justice Legislation Amendment Act (No 2) 2018. Assented to 21.6.2018. Date of commencement of Sch 1.16, 1.12.2018, sec 2 (2) and 2018 (675) LW 30.11.2018. | |
No 31 | Water Management Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 2.1, assent, sec 2 (2). | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.6, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
No 63 | Building and Development Certifiers Act 2018. Assented to 31.10.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (77) LW 4.3.2020. | |
No 87 | Justice Legislation Amendment Act (No 3) 2018. Assented to 28.11.2018. Date of commencement of Sch 2.5, assent, sec 2 (1). | |
No 6 | Local Government Amendment Act 2019. Assented to 25.6.2019. Date of commencement of Sch 2.2, 5.9.2025, sec 2(2) and 2025 (472) LW 5.9.2025. | |
No 10 | Justice Legislation Amendment Act 2019. Assented to 26.9.2019. Date of commencement of Sch 1.14, 7.12.2019, sec 2(3). | |
No 7 | Design and Building Practitioners Act 2020. Assented to 10.6.2020. Date of commencement of Sch 2.3, assent, sec 2(1). | |
No 9 | Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020. Assented to 10.6.2020. Date of commencement, 1.9.2020, sec 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 2.23, 11.12.2020, sec 2(3). | |
No 7 | Community Land Management Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (599) LW 14.10.2021. | |
No 26 | Water Industry Competition Amendment Act 2021. Assented to 1.11.2021. Date of commencement of Sch 2.7, 1.3.2024, sec 2 and 2024 (43) LW 1.3.2024. | |
No 31 | Plastic Reduction and Circular Economy Act 2021. Assented to 29.11.2021. Date of commencement of Sch 3, assent, sec 2(1). | |
No 32 | Customer Service Legislation Amendment Act 2021. Assented to 29.11.2021. Date of commencement of Sch 1.7, 1.12.2021, sec 2(2). | |
No 3 | Environment Legislation Amendment Act 2022. Assented to 4.3.2022. Date of commencement, assent, sec 2. | |
No 61 | Building and Other Fair Trading Legislation Amendment Act 2022. Assented to 14.11.2022. Date of commencement, assent, sec 2. | |
No 30 | Radiation Control Amendment Act 2023. Assented to 24.10.2023. Date of commencement of Sch 2, assent, sec 2(c). | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 2.6, assent, sec 2(c). | |
No 38 | Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. | |
No 10 | Environmental Legislation Amendment (Hazardous Chemicals) Act 2024. Assented to 25.3.2024. Date of commencement, assent, sec 2. | |
No 20 | Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024. Assented to 3.4.2024. Date of commencement of Sch 3, assent, sec 2(c). | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2024. Assented to 9.8.2024. Date of commencement, assent, sec 2. | |
No 13 | Justice Legislation Amendment (Civil) Act 2025. Assented to 2.3.2025. Date of commencement, assent, sec 2. |
Sec 3 | Rep 1985 No 63, Sch 1 (1). |
Sec 4 | Am 1998 No 172, Sch 6 [2] [3]; 2002 No 76, Sch 1 [1]; 2007 No 56, Sch 6 [1]–[4]; 2018 No 87, Sch 2.5 [1]. |
Sec 8 | Am 1991 No 34, Sch 3; 1993 No 87, Sch 5; 1996 No 17, Sch 5.9 [1]; 2002 No 7, Sch 2; 2006 No 120, Sch 3.14 [1]. |
Sec 9 | Am 1985 No 63, Sch 1 (2); 1986 No 100, Sch 4; 1991 No 34, Sch 3; 1996 No 17, Sch 5.9 [2]; 2016 No 48, Sch 2.25. |
Sec 10 | Am 1994 No 32, Sch 3; 2008 No 53, Sch 13 [1]. |
Sec 11 | Am 1988 No 10, Sch 3; 1989 No 169, Sch 5; 1990 No 56, Sch 1; 1991 No 94, Sch 1; 1994 No 32, Sch 3; 1996 No 121, Sch 4.32; 1998 No 49, Sch 18 [1]; 2013 No 1, Sch 1.15 [1]; 2015 No 2, Sch 3.6 [1] [2]; 2018 No 87, Sch 2.5 [2]. |
Sec 11A | Ins 2010 No 63, Sch 1.11. |
Part 2, Div 3, heading | Am 1998 No 172, Sch 6 [4]. |
Sec 12 | Am 1983 No 42, Sch 3; 1994 No 32, Sch 3; 1998 No 172, Sch 6 [5]–[7]; 2002 No 76, Sch 1 [2]–[5]; 2008 No 107, Sch 14 [1] [2]; 2013 No 1, Sch 1.15 [2]. |
Sec 13 | Am 1994 No 32, Sch 3; 1998 No 172, Sch 6 [7] [8]; 2007 No 56, Sch 6 [5] [6]; 2012 No 60, Sch 10 [1]; 2013 No 1, Sch 1.15 [3]; 2015 No 2, Sch 3.6 [3]; 2015 No 15, Sch 3.37 [1]; 2016 No 54, Sch 1.11 [1]. |
Sec 14 | Am 1994 No 32, Sch 3; 1998 No 172, Sch 6 [7] [9]. |
Sec 15 | Am 2007 No 56, Sch 6 [7] [8]; 2015 No 15, Sch 3.37 [1]. |
Sec 16 | Am 1990 No 84, Sch 2; 1993 No 32, Sch 2; 1999 No 39, Sch 5 [1]; 2008 No 107, Sch 14 [3]. |
Sec 17 | Am 1983 No 93, Sch 1 (1); 1985 No 15, Sch 1; 1985 No 115, Sch 1 (1); 1985 No 200, Sch 1 (1); 1986 No 220, Sch 1; 1989 No 204, Sch 1; 1991 No 66, sec 6; 1991 No 90, Sch 2 (1); 1993 No 12, Sch 2; 1995 No 101, Sch 6.5 [1]; 1995 No 102, Sch 6.3 [1]; 1997 No 133, Sch 5.2 [1]; 1997 No 140, Sch 1.3 [1]; 1997 No 152, Sch 4.18 [1] [2]; 1997 No 156, Sch 4.10 [1]; 1998 No 120, Sch 2.18; 1998 No 138, Sch 2.4 [1]; 1999 No 31, Sch 2.20 [1]; 1999 No 80, Sch 3.4 [1]; 1999 No 87, Sch 2 [1]; 1999 No 94, Sch 4.1; 1999 No 97, Sch 2.5 [1]; 2000 No 92, Sch 8.14 [1]; 2001 No 58, Sch 3.4 [1]; 2002 No 76, Sch 1 [6]; 2003 No 103, Sch 2.2 [1]; 2005 No 43, Sch 7.8; 2006 No 125, Sch 2.3 [1]; 2007 No 29, Sch 3; 2007 No 83, Sch 2.1 [1]; 2008 No 95, Sch 2.4 [1]; 2010 No 38, Sch 3.4; 2010 No 39, Sch 2.3; 2010 No 59, Sch 2.47 [1] [2]; 2010 No 133, Sch 3.2; 2011 No 8, Sch 1.4 [1]; 2011 No 27, Sch 2.23; 2014 No 74, Sch 3.14 [1]; 2015 No 26, Sch 3.2; 2016 No 63, Sch 11.4 [1]; 2017 No 17, Sch 4.46 [1]; 2017 No 21, Sch 5.2 [1]; 2020 No 30, Sch 2.23[1]; 2021 No 26, Sch 2.7[1]; 2021 No 31, Sch 3.1[1]; 2023 No 30, Sch 2.7[1]; 2024 No 10, Sch 2.2; 2024 No 20, Sch 3[1]; 2024 No 47, Sch 2.5. |
Sec 18 | Am 1986 No 22, sec 3; 1986 No 158, Sch 1; 1986 No 220, Sch 1 (am 1988 No 58, Sch 1); 1987 No 150, sec 4; 1987 No 209, Sch 18 (1); 1987 No 285, sec 34; 1989 No 235, sec 65; 1990 No 31, sec 33; 1990 No 89, sec 4; 1992 No 49, Sch 2; 1993 No 11, Sch 3; 1993 No 12, Sch 2; 1993 No 13, Sch 2; 1993 No 32, Sch 2; 1993 No 33, Sch 1; 1994 No 44, Sch 19; 1996 No 139, Sch 2.18 [1] [2] (am 1997 No 55, Sch 2.18 [1] [2]); 1997 No 152, Sch 4.18 [3] [4]; 1998 No 138, Sch 2.4 [2]; 2000 No 92, Sch 8.14 [2]; 2003 No 104, Sch 5.2; 2004 No 39, Sch 7.3 [1]; 2006 No 126, Sch 2.3 [1] [2]; 2010 No 27, Sch 2.2; 2010 No 59, Sch 2.47 [1] [2]; 2011 No 59, Sch 2.5 [1]; 2015 No 2, Sch 4.3 [1]; 2015 No 24, Sch 8.23 [1] [2]; 2015 No 51, Sch 9.10 [1] [2]; 2017 No 17, Sch 3.1; 2019 No 6, Sch 2.2; 2019 No 10, Sch 1.14; 2020 No 7, Sch 2.3[1]; 2020 No 9, Sch 2.2[1]; 2021 No 7, Sch 4.9[1]; 2021 No 32, Sch 1.7; 2023 No 35, Sch 2.6. |
Sec 19 | Am 1981 No 119, Sch 1; 1989 No 154, Sch 2 (1); 1989 No 171, Sch 3; 1990 No 55, Sch 1; 1992 No 34, Sch 1; 1992 No 84, Sch 3; 1992 No 111, Sch 1; 1993 No 32, Sch 2; 1993 No 33, Sch 1; 1994 No 38, Sch 8; 1995 No 16, Sch 2.14 [1] [2]; 1997 No 128, Sch 2.2; 1997 No 152, Sch 4.18 [5] (am 1998 No 120, Sch 2.15 [2]); 1999 No 39, Sch 5 [2]; 1999 No 58, Sch 2.2; 2000 No 2, Sch 1 [1]; 2000 No 92, Sch 8.14 [3]; 2000 No 106, Sch 4.3 [1] [2]; 2001 No 118, Sch 2.7 [1] [2]; 2004 No 12, sec 4; 2004 No 39, Sch 7.3 [2]; 2004 No 108, Sch 3.2; 2008 No 53, Sch 13 [2]; 2009 No 42, Sch 3.2; 2009 No 114, Sch 2.2; 2010 No 59, Sch 2.47 [1] [2]; 2011 No 38, Sch 3 [1]; 2015 No 2, Sch 4.3 [2]; 2015 No 51, Sch 9.10 [3]; 2017 No 9, Sch 4.3 [1]; 2017 No 17, Sch 4.46 [2]; 2017 No 37, Sch 2.2 [1]; 2020 No 30, Sch 2.23[2]. |
Sec 20 | Am 1980 No 77, Sch 1 (1); 1980 No 153, sec 3; 1985 No 63, Sch 1 (3); 1985 No 115, Sch 1 (2); 1985 No 200, Sch 1 (2); 1985 No 218, sec 3; 1986 No 194, sec 14 (a) (b); 1986 No 220, Sch 1; 1987 No 159, Sch 1; 1987 No 197, Sch 2; 1989 No 150, sec 29; 1989 No 154, Sch 2 (2); 1989 No 204, Sch 1; 1989 No 208, sec 37 (a) (b); 1991 No 90, Sch 2 (2); 1992 No 34, Sch 1; 1992 No 49, Sch 2; 1993 No 12, Sch 2; 1993 No 13, Sch 2; 1993 No 32, Sch 2; 1994 No 38, Sch 8; 1995 No 10, Sch 1.4; 1995 No 39, Sch 2 [1]–[3]; 1995 No 53, Sch 2.2; 1995 No 101, Sch 6.5 [2] [3]; 1995 No 102, Sch 6.3 [2]; 1996 No 139, Sch 2.18 [3] [4] (am 1997 No 55, Sch 2.18 [1] [2]); 1996 No 142, Sch 3; 1997 No 65, Sch 4.13; 1997 No 133, Sch 5.2 [2] [3]; 1997 No 140, Sch 1.3 [2] [3]; 1997 No 156, Sch 4.10 [2]–[4]; 1998 No 29, Sch 2.5 [1] [2]; 1998 No 138, Sch 2.4 [3]; 1998 No 143, Sch 6.13 (am 1999 No 31, Sch 2.37); 1998 No 163, Sch 12 [1] [2]; 1999 No 39, Sch 5 [3]; 1999 No 80, Sch 3.4 [2] [3]; 1999 No 87, Sch 2 [2]; 1999 No 97, Sch 2.5 [2] [3]; 2000 No 92, Sch 8.14 [4] [5]; 2001 No 10, Sch 5.2; 2001 No 56, Sch 2.26 [1] [2]; 2001 No 58, Sch 3.4 [2] [3]; 2001 No 59, Sch 3.3; 2001 No 118, Sch 2.7 [3]; 2002 No 67, Sch 5.3; 2002 No 131, Sch 2.1; 2002 No 138, Sch 5.2; 2003 No 103, Sch 2.2 [2] [3]; 2005 No 28, Sch 5.24 [1]; 2006 No 125, Sch 2.3 [2]; 2006 No 126, Sch 2.3 [3]; 2008 No 112, Sch 6.15; 2010 No 59, Sch 2.47 [1]–[4]; 2011 No 8, Sch 1.4 [2] [3]; 2011 No 59, Sch 2.5 [2] [3]; 2012 No 96, Sch 4.15 [1] [2]; 2013 No 47, Sch 2.18 [1] [2]; 2013 No 51, Sch 7.24; 2014 No 65, Sch 1.2 [1] [2]; 2015 No 2, Sch 4.3 [3]; 2015 No 3, Sch 2.1; 2015 No 24, Sch 8.23 [3]; 2015 No 51, Sch 9.10 [4] [5]; 2016 No 20, Sch 4.4; 2016 No 63, Sch 11.4 [2]–[6]; 2017 No 9, Sch 4.3 [2]; 2017 No 17, Sch 4.46 [3]; 2017 No 21, Sch 5.2 [2] [3]; 2017 No 37, Sch 2.2 [2]; 2018 No 4, Sch 1.9 [1]–[4]; 2018 No 29, Sch 1.16 [1]; 2018 No 31, Sch 2.1; 2018 No 40, Sch 3.6 [1]–[3]; 2018 No 63, Sch 3.8[1]; 2020 No 7, Sch 2.3[2]; 2020 No 9, Sch 2.2[2]; 2020 No 30, Sch 2.23[3] [4]; 2021 No 7, Sch 4.9[2]; 2021 No 31, Sch 3.1[2] [3]; 2022 No 3, Sch 2[1]–[4]; 2022 No 61, Sch 1.4; 2023 No 30, Sch 2.2, Sch 2.7[1]; 2023 No 38, Sch 2.3; 2024 No 20, Sch 3[2] [3]; 2025 No 13, Sch 2. |
Sec 21 | Am 1980 No 77, Sch 1 (2); 1983 No 93, Sch 1 (3); 1986 No 134, Sch 1; 1986 No 194, sec 14 (c); 1987 No 209, Sch 18 (2); 1989 No 44, sec 23; 1989 No 150, sec 29; 1989 No 208, sec 37 (c); 1990 No 84, Sch 2; 1991 No 90, Sch 2 (3); 1992 No 34, Sch 1; 1993 No 32, Sch 2; 1993 No 46, Sch 1; 1994 No 41, Sch 3; 1995 No 102, Sch 6.3 [3]; 1997 No 113, Sch 1.4; 1997 No 140, Sch 1.3 [4]; 1997 No 153, Sch 6.3; 1997 No 156, Sch 4.10 [5]; 1999 No 80, Sch 3.4 [4]; 2000 No 92, Sch 8.14 [6]; 2003 No 55, Sch 2.1; 2006 No 125, Sch 2.3 [3]; 2006 No 126, Sch 2.3 [4]; 2007 No 56, Sch 6 [9]; 2007 No 83, Sch 2.1 [2]; 2008 No 95, Sch 2.4 [2]; 2010 No 59, Sch 2.47 [1] [2]; 2012 No 5, Sch 1.2; 2014 No 65, Sch 1.2 [3]; 2014 No 74, Sch 3.14 [2]; 2016 No 63, Sch 11.4 [7]; 2017 No 17, Sch 4.46 [4]; 2017 No 21, Sch 5.2 [4]; 2018 No 29, Sch 1.16 [2]; 2018 No 63, Sch 3.8[1]; 2020 No 7, Sch 2.3[3]; 2020 No 9, Sch 2.2[3]; 2020 No 30, Sch 2.23[5]; 2021 No 26, Sch 2.7[2]; 2021 No 31, Sch 3.1[4]; 2023 No 30, Sch 2.7[1]. |
Sec 21A | Ins 1990 No 84, Sch 2. Am 1998 No 137, Sch 2.13; 1999 No 39, Sch 5 [4]; 2001 No 121, Sch 2.132 [1]; 2008 No 107, Sch 14 [4]; 2011 No 62, Sch 2.17. |
Sec 21B | Ins 1999 No 39, Sch 5 [5]. Am 2001 No 121, Sch 2.132 [2]; 2011 No 62, Sch 2.17. |
Sec 21C | Ins 2008 No 107, Sch 14 [5]. |
Sec 22 | Am 1994 No 32, Sch 3. |
Sec 24 | Am 1980 No 77, Sch 1 (3); 1991 No 22, Sch 1; 1993 No 33, Sch 1. |
Sec 25 | Am 1991 No 22, Sch 1; 1994 No 32, Sch 3. |
Part 3, Div 3 | Ins 1997 No 81, Sch 2. |
Sec 25A | Ins 1997 No 81, Sch 2. Am 1997 No 152, Sch 4.18 [6]–[8]; 1999 No 31, Sch 2.20 [2]; 2020 No 30, Sch 2.23[6]. |
Sec 25B | Ins 1997 No 81, Sch 2. |
Sec 25C | Ins 1997 No 81, Sch 2. Am 1997 No 152, Sch 4.18 [9] [10]; 1999 No 31, Sch 2.20 [3]; 2020 No 30, Sch 2.23[7]. |
Secs 25D, 25E | Ins 1997 No 81, Sch 2. |
Part 4, Div 1 | Rep 2007 No 56, Sch 6 [10]. |
Sec 26 | Am 1990 No 84, Sch 2; 1993 No 12, Sch 2. Rep 2007 No 56, Sch 6 [10]. |
Part 4, Div 2 | Rep 2007 No 56, Sch 6 [10]. |
Sec 27 | Rep 2007 No 56, Sch 6 [10]. |
Sec 28 | Am 1990 No 84, Sch 2; 1993 No 12, Sch 2; 1999 No 39, Sch 5 [6]. Rep 2007 No 56, Sch 6 [10]. |
Sec 30 | Am 1983 No 42, Sch 3; 1994 No 32, Sch 3; 1998 No 172, Sch 6 [7] [10]–[13]; 2007 No 56, Sch 6 [11]; 2008 No 107, Sch 14 [6] [7]; 2014 No 14, Sch 5.3 [1] [2]. |
Sec 31 | Subst 2007 No 56, Sch 6 [12]. |
Sec 32 | Rep 2007 No 56, Sch 6 [13]. |
Sec 33 | Am 1990 No 84, Sch 2; 1993 No 32, Sch 2; 1999 No 39, Sch 5 [7]; 2007 No 56, Sch 6 [14]; 2008 No 107, Sch 14 [8]. |
Sec 34 | Am 1991 No 22, Sch 1; 1994 No 32, Sch 3; 1998 No 172, Sch 6 [7] [10]; 2002 No 76, Sch 1 [7]; 2006 No 107, Sch 1.19 [1]–[4]. Subst 2007 No 56, Sch 6 [15]. Am 2007 No 73, Sch 2; 2008 No 53, Sch 13 [3]. |
Sec 34AA | Ins 2010 No 120, Sch 2 [1]. Am 2020 No 30, Sch 2.23[8]. |
Sec 34A | Ins 2002 No 76, Sch 1 [8]. Am 2006 No 107, Sch 1.19 [5]–[9]; 2006 No 126, Sch 2.3 [5]; 2010 No 120, Sch 2 [2]; 2011 No 8, Sch 1.4 [4]–[6]; 2020 No 30, Sch 2.23[9]–[12]. |
Sec 34B | Ins 2002 No 76, Sch 1 [8]. Am 2007 No 56, Sch 6 [16]–[19]; 2008 No 53, Sch 13 [4]–[6]. |
Sec 34C | Ins 2002 No 76, Sch 1 [8]. |
Sec 34D | Ins 2002 No 76, Sch 1 [8]. Subst 2008 No 53, Sch 13 [7]. |
Sec 35 | Am 1998 No 172, Sch 6 [10]; 2007 No 56, Sch 6 [20] [21]. |
Sec 36 | Am 1983 No 42, Sch 3; 1994 No 32, Sch 3; 1998 No 172, Sch 6 [6] [7] [12]; 1999 No 31, Sch 2.20 [4]; 2000 No 2, Sch 1 [2] [3]; 2002 No 76, Sch 1 [9]; 2006 No 107, Sch 1.19 [10]; 2007 No 56, Sch 6 [22]; 2008 No 53, Sch 13 [8]. |
Sec 37 | Am 1983 No 42, Sch 3; 1987 No 162, Sch 1 (1); 1998 No 172, Sch 6 [7] [10]; 2002 No 76, Sch 1 [10]; 2006 No 107, Sch 1.19 [11]; 2015 No 2, Sch 4.3 [4]. |
Sec 39 | Am 1994 No 44, Sch 19; 1997 No 156, Sch 4.10 [6]; 2000 No 2, Sch 1 [4]; 2017 No 60, Sch 11.5 [1]. |
Sec 39A | Ins 2002 No 76, Sch 1 [11]. Am 2006 No 56, Sch 3. Rep 2017 No 60, Sch 11.5 [2]. |
Sec 40 | Am 1993 No 32, Sch 2; 1994 No 32, Sch 3. Subst 2002 No 76, Sch 1 [12]; 2008 No 53, Sch 13 [9]; 2008 No 107, Sch 14 [9]. |
Sec 41 | Am 1994 No 32, Sch 3. Subst 2001 No 121, Sch 2.132 [3]. |
Part 4, Div 6 | Ins 2008 No 107, Sch 14 [10]. |
Sec 41A | Ins 2014 No 53, Sch 2.1. |
Sec 42 | Subst 1979 No 205, Sch 2, Part 2. Am 1994 No 32, Sch 3. Rep 2001 No 121, Sch 2.132 [3]. Ins 2008 No 107, Sch 14 [10]. |
Sec 42A | Ins 1979 No 205, Sch 2, Part 2. Rep 2001 No 121, Sch 2.132 [3]. |
Sec 43 | Rep 2001 No 121, Sch 2.132 [3]. Ins 2008 No 107, Sch 14 [10]. |
Sec 44 | Am 1994 No 32, Sch 3. Rep 2001 No 121, Sch 2.132 [3]. |
Sec 45 | Subst 1979 No 205, Sch 2, Part 2. Am 1994 No 32, Sch 3. Rep 2001 No 121, Sch 2.132 [3]. |
Sec 46 | Rep 2001 No 121, Sch 2.132 [3]. |
Sec 47 | Am 1979 No 205, Sch 2, Part 2; 1994 No 32, Sch 3. Rep 2001 No 121, Sch 2.132 [3]. |
Secs 48, 49 | Am 1994 No 32, Sch 3. Rep 2001 No 121, Sch 2.132 [3]. |
Secs 50, 51 | Rep 2001 No 121, Sch 2.132 [3]. |
Sec 52 | Am 1994 No 32, Sch 3; 1997 No 47, Sch 4 [1] [2]; 1998 No 49, Sch 18 [2]; 1999 No 94, Sch 4.36. Rep 2001 No 121, Sch 2.132 [3]. |
Sec 53 | Subst 1996 No 99, Sch 2.10 [1]. Rep 2001 No 121, Sch 2.132 [3]. |
Sec 54 | Am 1994 No 32, Sch 3. Rep 1996 No 99, Sch 2.10 [2]. |
Sec 55 | Rep 2001 No 121, Sch 2.132 [3]. |
Sec 56 | Am 1990 No 84, Sch 2; 1999 No 39, Sch 5 [8]; 2008 No 107, Sch 14 [11]. |
Sec 56A | Ins 1985 No 63, Sch 1 (4). Am 1998 No 172, Sch 6 [7] [12]; 2008 No 107, Sch 14 [12]. |
Sec 57 | Am 1985 No 63, Sch 1 (5); 1987 No 162, Sch 1 (2); 1998 No 172, Sch 6 [7] [12]; 2000 No 31, Sch 10 [1] [2]; 2002 No 99, Sch 3.5 [1]; 2008 No 107, Sch 14 [13]. |
Sec 58 | Am 1987 No 162, Sch 1 (3); 1995 No 88, Sch 1.5 [1] [2]; 2002 No 99, Sch 3.5 [2]. |
Sec 59 | Am 1985 No 63, Sch 1 (6). |
Sec 60 | Am 1985 No 63, Sch 1 (7). |
Sec 61 | Subst 1985 No 63, Sch 1 (8). Am 2007 No 56, Sch 6 [23]. |
Part 5A | Ins 1994 No 57, Sch 1. Rep 2007 No 56, Sch 6 [24]. |
Sec 61A | Ins 1994 No 57, Sch 1. Am 2005 No 31, Sch 8 [1]. Rep 2007 No 56, Sch 6 [24]. |
Secs 61B, 61C | Ins 1994 No 57, Sch 1. Rep 2007 No 56, Sch 6 [24]. |
Secs 61D, 61E | Ins 1994 No 57, Sch 1. Subst 2005 No 31, Sch 8 [2]. Rep 2007 No 56, Sch 6 [24]. |
Secs 61F–61L | Ins 1994 No 57, Sch 1. Rep 2007 No 56, Sch 6 [24]. |
Sec 63 | Am 1990 No 84, Sch 2; 1999 No 39, Sch 5 [8]; 2006 No 120, Sch 3.14 [2]; 2008 No 107, Sch 14 [14]; 2012 No 60, Sch 10 [2] [3]. |
Sec 64 | Am 1987 No 58, Sch 3; 2006 No 120, Sch 3.14 [3]. |
Sec 65 | Am 2002 No 70, Sch 2 [1]; 2007 No 56, Sch 6 [25]. |
Sec 66 | Am 1998 No 172, Sch 6 [7]; 2007 No 56, Sch 6 [7]. |
Sec 67 | Am 2007 No 56, Sch 6 [26]. |
Sec 67A | Ins 2016 No 26, Sch 2. |
Sec 68 | Am 2007 No 56, Sch 6 [27]. |
Sec 69 | Am 1990 No 84, Sch 2; 1993 No 87, Sch 6; 1994 No 32, Sch 3; 1998 No 172, Sch 6 [10] [12]; 1999 No 39, Sch 5 [8]; 2006 No 23, Sch 6 [1]; 2006 No 120, Sch 3.14 [4]. Rep 2007 No 56, Sch 6 [28]. |
Sec 69AA | Ins 2005 No 31, Sch 8 [3]. Am 2006 No 120, Sch 3.14 [5]. Rep 2007 No 56, Sch 6 [28]. |
Sec 69A | Ins 1989 No 132, Sch 1. Am 1991 No 22, Sch 1. Rep 2007 No 56, Sch 6 [28]. |
Sec 69B | Ins 2005 No 31, Sch 8 [4]. Rep 2007 No 56, Sch 6 [28]. |
Sec 70 | Am 1994 No 32, Sch 3. Rep 2008 No 80, Sch 2.1. |
Sec 71 | Am 1980 No 77, Sch 1 (4); 1985 No 115, Sch 1 (3); 1986 No 220, Sch 1; 1993 No 12, Sch 2; 2007 No 56, Sch 6 [29]. |
Sec 72 | Am 2007 No 56, Sch 6 [30]; 2008 No 107, Sch 14 [15]. |
Sec 73 | Am 1993 No 87, Sch 6. Subst 2007 No 56, Sch 6 [31]. |
Sec 74 | Am 1993 No 87, Sch 6; 1994 No 32, Sch 3; 1994 No 57, Sch 1; 1999 No 39, Sch 5 [9]; 2001 No 121, Sch 2.132 [4]; 2005 No 28, Sch 5.24 [2] [3]; 2006 No 120, Sch 3.14 [6]; 2007 No 56, Sch 6 [32] [33]; 2010 No 119, Sch 2.27 [1] [2]; 2011 No 62, Sch 2.17; 2015 No 7, Sch 2.25. |
Sec 75 | Rep 1987 No 48, Sch 32. Ins 2007 No 56, Sch 6 [34]. |
Sec 76 | Rep 1987 No 48, Sch 32. Ins 2007 No 56, Sch 6 [34]. Am 2009 No 56, Sch 4.32. |
Sec 77 | Rep 1987 No 48, Sch 32. Ins 2007 No 56, Sch 6 [34]. |
Sec 77A | Ins 2007 No 56, Sch 6 [34]. |
Sec 78 | Am 1985 No 63, Sch 1 (9). |
Sec 79 | Ins 1997 No 47, Sch 4 [3]. |
Sch 1, heading | Am 1998 No 172, Sch 6 [14]. |
Sch 1 | Am 1985 No 63, Sch 1 (10); 1990 No 99, Sch 4; 1994 No 32, Sch 3; 1998 No 172, Sch 6 [7] [9]–[11] [15]; 2002 No 76, Sch 1 [13]–[18]; 2007 No 56, Sch 6 [35]; 2015 No 15, Sch 3.37 [2]–[6]. |
Sch 2 | Ins 1983 No 42, Sch 3. Am 1992 No 49, Sch 2; 2001 No 118, Sch 2.7 [4]. |
Sch 3 | Ins 1997 No 47, Sch 4 [4]. Am 1998 No 172, Sch 6 [16]; 1999 No 39, Sch 5 [10]; 2002 No 70, Sch 2 [2]; 2002 No 76, Sch 1 [19]; 2005 No 31, Sch 8 [5]; 2006 No 23, Sch 6 [2]; 2007 No 56, Sch 6 [36] [37]; 2008 No 107, Sch 14 [16] [17]; 2010 No 120, Sch 2 [3] [4]; 2011 No 8, Sch 1.4 [7]; 2011 No 38, Sch 3 [2]; 2012 No 60, Sch 10 [4] [5]; 2013 No 1, Sch 1.15 [4]; 2016 No 54, Sch 1.11 [2]. |
The whole Act (sec 52 excepted) | Am 1998 No 172, Sch 6 [1] (“assessor”, “assessors” and “assessor’s” omitted wherever occurring, “Commissioner”, “Commissioners” and “Commissioner’s” inserted instead respectively). |
0
0
0