New South Wales Consolidated Acts

LAND AND ENVIRONMENT COURT ACT 1979 - SECT 20

20 Class 4-environmental planning and protection and development contract civil enforcement

(1) The Court has jurisdiction (referred to in this Act as “Class 4” of its jurisdiction) to hear and dispose of:

(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 35 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 123 of the Environmental Planning and Assessment Act 1979 ,

(ca) proceedings under section 57 of the Environmentally Hazardous Chemicals Act 1985 ,

(caa) proceedings under Division 6 of Part 3, Part 7 and section 96 of the Contaminated Land Management Act 1997 ,

(cb) proceedings under section 96 of the Pesticides Act 1999 ,

(cbb) proceedings under section 108 of the Pesticides Act 1999 ,

(cc) proceedings under section 32 of the Forestry and National Park Estate Act 1998 ,

(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 section 176A of the National Parks and Wildlife Act 1974 ,

(cga) proceedings under sections 127L and 127O of the Threatened Species Conservation Act 1995 ,

(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 ,

(cja) proceedings under section 100H of the Rural Fires Act 1997 ,

(ck) proceedings under section 147 of the Threatened Species Conservation Act 1995 ,

(cn) proceedings under clauses 15-18 of Schedule 2 to the Rural Lands Protection Act 1998 ,

(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 15D of the Mine Subsidence Compensation Act 1961 ,

(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 41 of the Native Vegetation Act 2003 ,

(df1) proceedings under sections 335 and 336 of the Water Management Act 2000 ,

(dg) proceedings under the Nature Conservation Trust Act 2001 ,

(dh) proceedings under section 57 or 60 of the Plantations and Reafforestation Act 1999 ,

(e) proceedings referred to in subsection (2).

(2) The Court has the same civil jurisdiction as the Supreme Court would, but for section 71, have to hear and dispose of proceedings:

(a) to enforce any right, obligation or duty conferred or imposed by a planning or environmental law or a development contract,

(b) to review, or command, the exercise of a function conferred or imposed by a planning or environmental law or a development contract,

(c) to make declarations of right in relation to any such right, obligation or duty or the exercise of any such function, and

(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.

(2A) The Court has jurisdiction to hear and dispose of proceedings referred to in subsection (1) (dd).

(3) 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),

Biological Control Act 1985 ,

Coastal Protection Act 1979 ,

Contaminated Land Management Act 1997 ,

Environmental Planning and Assessment Act 1979 ,

Environmentally Hazardous Chemicals Act 1985 ,

Forestry and National Park Estate Act 1998 ,

Heritage Act 1977 ,

Part 2 of Chapter 6, Chapter 7 or Chapter 15 of the Local Government Act 1993 ,

Schedule 3 to the Miscellaneous Acts (Planning) Repeal and Amendment Act 1979 ,

National Parks and Wildlife Act 1974 ,

Native Vegetation Act 2003 ,

Part 5 of the Olympic Co-ordination Authority Act 1995 ,

Ozone Protection Act 1989 ,

Pesticides Act 1999 ,

Plantations and Reafforestation Act 1999

Protection of the Environment Administration Act 1991 ,

Protection of the Environment Operations Act 1997

Rural Fires Act 1997 ,

Threatened Species Conservation Act 1995 ,

Trees (Disputes Between Neighbours) Act 2006 ,

Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 ,

Waste Avoidance and Resource Recovery Act 2001 ,

Waste Recycling and Processing Corporation Act 2001 ,

(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 , or

as respectively in force at any time, whether before, on or after 1 September 1980.

(4) 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.

(5) In this section, "development contract" means an agreement implied by section 15 of the Community Land Management Act 1989 , section 28I of the Strata Schemes (Freehold Development) Act 1973 or section 49 of the Strata Schemes (Leasehold Development) Act 1986 .