Martin v NSW (No 8)

[2011] NSWCA 285

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Jurisdiction
3. › Statutory appellate jurisdiction
4. › Land and Environment Court
5. › Class 8 jurisdiction
6. › Whether appeal lies from Commissioner to Supreme Court
7. › Whether appeal to judge of Land and Environment Court only
8. › Land and Environment Court Act 1979 (NSW), ss 21C, 36(5), 42(5), 56A, 57
1. Environment and Planning
2. › Land and Environment Court
3. › Class 8 jurisdiction
4. › Mining Act proceedings
5. › Referral of questions of law
6. › Whether s 36(5) applies to class 8 proceedings
7. › Land and Environment Court Act 1979 (NSW), ss 34, 36, 42

Quick Take

No appeal lies to the Court of Appeal from a Commissioner's decision in class 8 proceedings of the Land and Environment Court under s 57 of the LEC Act. The only appellate pathway is an internal appeal to a judge of the Land and Environment Court under s 56A, and thence to the Court of Appeal. The failure to amend s 57(4)(a) to include s 42(5) when class 8 was added to s 57(1) appears to be a legislative oversight that closes off the s 57(4)(b) appellate route for class 8 proceedings.