Land and Environment Court (Amendment No 1) Rule 2016 (NSW)

New South Wales

Land and Environment Court (Amendment

No 1) Rule 2016

under the

Land and Environment Court Act 1979

The following rule of court has been made under the Land and Environment Court Act 1979.

The Honourable Justice B J Preston

Chief Judge

Explanatory note
The objects of this Rule are:

(a)	to apply particular provisions of Part 51B of the Supreme Court Rules 1970, so far as applicable, to appeals from the Local Court to the Land and Environment Court in Class 6 or 7 of the Land and Environment Court’s jurisdiction, and
(b)	to make an amendment of a law revision nature to update a cross-reference.

Land and Environment Court (Amendment No 1) Rule 2016

under the

Land and Environment Court Act 1979

1      Name of Rule

This Rule is the Land and Environment Court (Amendment No 1) Rule 2016.

2      Commencement

This Rule commences on the day on which it is published on the NSW legislation website.

Schedule 1 Amendment of Land and Environment Court
Rules 2007

[1] Rule 3.4 Parties to appeals under the Environmental Planning and Assessment Act 1979

Omit “section 97 (4), 97 (5) or 98 (3)” from rule 3.4 (1).
Insert instead “section 97A (4)”.

[2]      Rule 5.2 Application of other rules of court

Insert after rule 5.2 (5):

(5A)	In addition, rules 3, 5 (1), (2) and (6)–(9), 7–12, 14–16, 17 (1) and (3) and 18 of Part 51B of the Supreme Court Rules 1970 apply, so far as applicable, to proceedings in Class 6 or 7 of the Court’s jurisdiction.
(5B)	If there is any inconsistency between subrule (5A) and Part 4 of the Crimes (Appeal and Review) Act 2001, Part 4 of that Act prevails.

[3]      Rule 5.2 (6)

Omit “subrules (1), (2) and (3)”. Insert instead “subrules (1), (2), (3) and (5A)”.