New South Wales Consolidated Acts

LAND AND ENVIRONMENT COURT ACT 1979 - SECT 35

35 Inquiries by Commissioners

(1) Where proceedings are pending in Class 3 of the Court’s jurisdiction, the Court may, with the consent of the parties, direct that an inquiry into any issue raised in, or other matter connected with, the proceedings be made by a single Commissioner.

(2) The Commissioner making an inquiry pursuant to this section shall make a report to the Court.

(3) Where a report is made to the Court under subsection (2), the Court shall, as soon as practicable, furnish a copy of the report to each of the parties.

(4) The Court may, with the consent of the parties, adopt any findings or observations set out in a report under subsection (2).

(5) A Commissioner, in making an inquiry pursuant to this section, shall have and may exercise the functions of the Court under section 68 of the Civil Procedure Act 2005 .

(6) A Commissioner who has made an inquiry pursuant to this section in relation to any proceedings is disqualified from further participation in those proceedings, unless the parties otherwise agree.