Land and Environment Court Rules 2007

(cf Land and Environment Court Rules 1996, Part 1, rule 1)

These rules are the Land and Environment Court Rules 2007.

(cf Land and Environment Court Rules 1996, Part 1, rule 2 (1))

These rules commence on the commencement of Schedule 2 [9] to the Courts Legislation Amendment Act 2007.

(cf Land and Environment Court Rules 1996, Part 1, rule 4)

In these rules—

applicant includes appellant or objector.

approved form, in relation to a document, means the form approved under section 77A of the Land and Environment Court Act 1979, or under section 17 of the Civil Procedure Act 2005, for the purposes of that document.

conciliation conference means a conciliation conference arranged under section 34 of the Act.

public authority has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

the Act means the Land and Environment Court Act 1979.

the Court means the Land and Environment Court.

Notes included in these rules do not form part of these rules.

The Land and Environment Court Rules 1996 are repealed.

(cf Land and Environment Court Rules 1996, Part 2, rule 1)

The seal of the Court is to be an impressed seal with the wording “The Seal of the Land and Environment Court of New South Wales” and is to be kept in the custody of the Registrar.

(Repealed)

A facsimile of the seal may be used instead of the seal for any purpose.

(cf Land and Environment Court Rules 1996, Part 2, rule 2)

Sittings are to be held in each year at such times and places as are appointed for that year or from time to time by the Chief Judge.

Particulars of times and places so appointed are to be published if, and in such manner as, the Chief Judge directs.

The Court may sit at any time and place even though the time and place of the sitting have not been appointed or have not been published under this rule.

(cf Land and Environment Court Rules 1996, Part 2, rule 3)

The Court is to observe such vacation periods as the Chief Judge directs.

A hearing or trial will not be held in a vacation period unless the Court otherwise orders.

(cf Land and Environment Court Rules 1996, Part 2, rule 4)

There is to be a registry for the Court at Sydney.

The registry is to be under the control and direction of the Registrar.

In exercising that control and direction, the Registrar is to comply with any direction by the Chief Judge.

(cf Land and Environment Court Rules 1996, Part 2, rule 6)

Local Court registrars and such other persons as the Chief Judge may direct are taken to be agents of the Registrar for the purposes of this rule.

An agent of the Registrar is to accept documents for filing, and any fees payable in relation to them, as though the agent’s office were the registry.

As soon as practicable after accepting any documents for filing, an agent of the Registrar is to forward them to the registry together with an account of any fees paid in respect of the documents.

(cf Land and Environment Court Rules 1996, Part 13, rule 1)

This Part applies to proceedings in Class 1, 2 or 3 of the Court’s jurisdiction.

Note—

Proceedings to which this Part applies are also subject to the provisions of the Civil Procedure Act 2005 and the Uniform Civil Procedure Rules 2005. That Act and those rules refer to an applicant under these rules as a plaintiff and a respondent under these rules as a defendant.

The originating process to commence proceedings is an application prepared in the approved form.

(Repealed)

Where the originating process is an application under section 125 of the Aboriginal Land Rights Act 1983, the following additional requirements apply to that process—

it must contain the following matter—

the description of the applicant,

the date and result of the election,

the date on which the result of the election is publicly declared, and

the facts relied upon to invalidate the election or return, and

it must nominate as the respondents to the proceedings every person the validity of whose election or return is disputed and the Electoral Commissioner of New South Wales.

This rule applies if—

a consent authority has been served with an application commencing appeal proceedings under Division 8.3 of the Environmental Planning and Assessment Act 1979, and

under section 8.12(1)(c) and (d) of the Environmental Planning and Assessment Act 1979, a Minister, public authority or approval body is entitled to be given notice of the appeal.

As soon as practicable after being served with an application commencing appeal proceedings, the consent authority must cause a copy of the application to be served on the appropriate Minister, public authority or approval body.