New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 28

28 Reference of matters to the Court by the Minister

(1) The Minister may refer to the Land and Environment Court any decision of a local land board if it appears that:

(a) the rights, interests or revenues of the Crown may have been or may be injuriously affected,

(b) the board has failed or neglected duly to discharge a duty according to law,

(c) the board has exceeded a power, or

(d) a rehearing or further consideration is warranted.

(2) If it appears that the Crown should appeal against a decision of a local land board, the Minister may, within 28 days after the decision has been made or within such further period as the Court may allow, refer the decision to the Court instead of lodging an appeal.

(3) A reference shall be made by giving notice in writing of the reference to the registrar of the Court.

(4) The Court shall deal with a reference as if it were an appeal by the Crown, and the rights and liabilities of the Crown in respect of the reference are the same as they would be if the reference were an appeal by the Crown.

(5) This section shall not be construed so as to affect any other remedy which the Crown or any person has in relation to a decision of a local land board.