(3) In determining an appeal against an
order referred to in section 43 (1) (a) or (b) or (1A) (a) or (b), the Land
and Environment Court has the same jurisdiction as the Supreme Court with
respect to such an appeal.
(4) Subject to section 70, the Land and
Environment Court may make such order as to the costs to be paid by either
party (including the Crown) as it thinks just.