PLANNING AND ENVIRONMENT COURT ACT 2016 - As at 30 May 2019 - Act 26 of 2016
- As at 30 May 2019
- Act 26 of 2016
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Dictionary
PART 2 - ESTABLISHMENT AND JURISDICTION
Division 1 - Establishment
- 4 Continuation
- 5 Constituting P&E Court
- 6 Chief Judge has overall responsibility for P&E Court
Division 2 - General jurisdiction
- 7 Jurisdiction
- 8 District Court jurisdiction unimpaired
- 9 When P&E Court must remit to tribunal
- 10 Principles for exercising jurisdiction
Division 3 - Declaratory jurisdiction
- 11 General declaratory jurisdiction
- 12 Declaratory jurisdiction for Minister’s call in of development application
PART 3 - RULES AND ORDERS OR DIRECTIONS
- 13 Rules
- 14 Orders and directions
PART 4 - POWERS AND PROCEDURE (GENERAL)
Division 1 - Alternative dispute resolution
Subdivision 1 - ADR process
- 15 Purpose of subdivision
- 16 ADR process
- 17 Referral to ADR process
- 18 Resolution agreement
- 19 Documents to be filed
- 20 Orders giving effect to resolution agreement
- 21 Preservation of confidentiality
Subdivision 2 - P&E Court proceedings
- 22 ADR registrar’s powers on Chief Judge’s direction
- 23 ADR registrar’s powers to hear and decide
- 24 Conduct of proceedings
- 25 Reference to P&E Court by ADR registrar
- 26 Review by P&E Court
Subdivision 3 - ADR registrar’s powers
- 27 ADR registrar’s powers—general
- 28 Provision for exercise of ADR registrar’s powers
Division 2 - Powers
- 29 Where P&E Court may sit
- 30 Adjournments
- 31 Subpoenas
- 32 P&E Court may extend period to take an action
- 33 Taking and recording evidence
- 34 Power to state case for Court of Appeal
- 35 Terms of orders etc.
- 36 Contempt
- 37 Discretion to deal with noncompliance
- 38 What happens if P&E Court judge or ADR registrar dies or is incapacitated
Division 3 - Parties
- 39 Planning Minister
- 40 Appearance
- 41 Representative proceedings in particular cases
Division 4 - Miscellaneous
- 42 P&E Court proceedings open to public
- 43 Nature of appeal in general
- 44 Privileges, protection and immunity
PART 5 - PLANNING ACT PROCEEDINGS
Note—
Division 1 - Planning Act appeals
- 45 Who must prove case
- 46 Nature of appeal
- 47 Appeal decision
Division 2 - Evidence in P&E Court proceedings
- 48 Application of division
- 49 Appointments and authority
- 50 Signatures
- 51 Instruments, equipment and installations
- 52 Analyst’s certificate or report
- 53 Evidence of planning instruments or designations
- 54 Planning instruments presumed to be within power
- 55 Evidence of local planning instruments
- 56 Effect of planning and development certificates
- 57 Evidentiary aids generally
PART 6 - COSTS
- 58 Definitions for part
- 59 General costs provision
- 60 Orders for costs
- 61 Orders for costs for particular proceedings
- 62 Procedures, scale and enforcement of orders for costs
PART 7 - APPEALS TO COURT OF APPEAL
- 63 Who may appeal
- 64 When leave to appeal must be sought and appeal made
- 65 Court of Appeal’s powers
PART 8 - REGISTRY AND OFFICERS
- 66 Registrars and other officers
- 67 ADR registrar
- 68 Registries
- 69 P&E Court records
PART 9 - MISCELLANEOUS
- 70 Annual report
- 71 Judicial notice
- 72 Approval of forms
- 73 Regulation-making power
PART 10 - SAVINGS AND TRANSITIONAL PROVISIONS
Division 1 - Savings and transitional provisions for Act No. 26 of 2016
Note—
- 74 Definitions for division
- 75 Continuance of existing judgeships
- 76 Proceedings
- 77 Continuance of existing orders and directions
- 78 Existing references to court
- 79 Application of division
- 80 Definition for division
- 81 Applying s 37 and pt 6 to proceedings
- 82 Appeals about particular applications under repealed SPA