Land and Environment Court (Amendment) Act 1987 (NSW)

LAND AND ENVIRONMENT COURT (AMENDMENT)

ACT 1987 No. 162

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2.         Amendment of Act No. 204, 1979

SCHEDULE 1—AMENDMENTS TO THE LAND AND ENVIRONMENT COURT

ACT 1979

LAND AND ENVIRONMENT COURT (AMENDMENT)

ACT 1987 No. 162

NEW SOUTH WALES

Act No. 162, 1987

An Act to amend the Land and Environment Court Act 1979 in relation to

assessors of the Land and Environment Court and appeals from decisions of that Court; and for other purposes. [Assented to 18 November 1987]

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Act No. 162

Land and Environment Court (Amendment) 1987

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the "Land and Environment Court

(Amendment) Act 1987".

Amendment of Act No. 204, 1979

2. The Land and Environment Court Act 1979 is amended in the

manner set forth in Schedule 1.

SCHEDULE 1

(Sec. 2)

AMENDMENTS TO THE LAND AND ENVIRONMENT COURT ACT

1979

(1) Section 37 (Assessors sitting with a Judge)—

(a) Section 37 (1)—

Omit "Except as provided by subsection (2), where", insert instead
"Where".
(b)	Section 37 (2)—

Omit "Where", insert instead "Notwithstanding subsection (1), where".

(c) Section 37 (2)—

After "assessors", insert "or, if the Chief Judge so directs, by one assessor".

Land and Environment Court (Amendment) 1987

SCHEDULE 1—continued

AMENDMENTS TO THE LAND AND ENVIRONMENT COURT ACT

1979—continued

(d) Section 37 (4)—
After section 37 (3), insert:

(4) 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 an assessor wlto 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 assessors generally if, in the opinion of the Judge, the proceedings or part of the proceedings concern or concerns a question of law only.

(2) Section 57 (Class 1, 2 and 3 proceedings—appeals)—

(a) Section 57 (1)—

After "decision", insert "(including an interlocutory order or decision)".

(b) Section 57 (4)—

After section 57 (3), insert: 

(4) Notwithstanding subsection (1), an appeal against an interlocutory order or decision shall not lie to the Supreme Court under that subsection except by leave of the Supreme Court.

(3) Section 58 (Class 4 proceedings—appeals)—

(a) Section 58 (1)—
After "decision" where firstly occurring, insert "(including an

4   Act No. 162

Land and Environment Court (Amendment) 1987

SCHEDULE 1—continued

AMENDMENTS TO THE LAND AND ENVIRONMENT COURT ACT

1979—continued

(b) Section 58 (3)—
After section 58 (2), insert:

(3) Notwithstanding subsection (1), an appeal against an interlocutory order or decision shall not lie to the Supreme Court under that subsection except by leave of the Supreme Court.