LAND AND ENVIRONMENT COURT ACT 1979 - SECT 4 Definitions

LAND AND ENVIRONMENT COURT ACT 1979 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires--


"Chief Judge" means the Chief Judge of the Court.


"Commissioner" means a person appointed as a Commissioner of the Court under Division 3 of Part 2.


"Court" means the Land and Environment Court constituted under this Act.


"court hearing matter" --see section 34A(5).


"functions" includes powers, authorities and duties.


"Judge" means a Judge of the Court.


"mandatory judicial retirement age" means the maximum age at which a Judge is required by law to retire.

Note : Section 44 of the Judicial Officers Act 1986 provided for a maximum retirement age for Judges of 72 years before its amendment by the Justice Legislation Amendment Act (No 3) 2018 .

Section 44 of the Judicial Officers Act 1986 , as amended, has increased the maximum retirement age for Judges to 75 years. Clause 9 of Schedule 6 to the Judicial Officers Act 1986 provides that the new retirement age does not apply to Judges holding office who were appointed before the amendments commenced unless they consent to the change applying to them as required by section 55(2) of the Constitution Act 1902 . The retirement age of 72 years continues to apply to Judges who do not consent to the increased retirement age applying to them.

"on-site hearing matter" --see section 34A(3).


"practice note" means a practice note issued under section 76.


"Registrar" means the Registrar of the Court.


"regulations" means regulations for the time being in force under this Act.


"rules" means rules of the Court.

(2) A reference in this Act to the exercise of a function includes, where that function is a duty, the performance of that duty.