About Us
 Jurisdiction  Statement of Purpose Structure Registry Judges, Commissioners and Registrars Visiting the Court
Jurisdiction
The Land and Environment Court Act 1979 (the Court Act) vests power in the Court to determine environmental, development, building and planning disputes. The Court is highly specialised, with the same status as the Supreme Court of New South Wales, and is subject to the supervision of the New South Wales Court of Appeal. Read more about the jurisdiction of the court >>
Statement of Purpose
The Land and Environment Court of New South Wales is a specialist superior court of record. Its jurisdiction includes merits review, judicial review, civil enforcement, criminal prosecution, criminal appeals and civil claims about planning, environmental, land, mining and other legislation.
The Court’s purpose is to safeguard and maintain
- the rule of law
- equality of all before the law
- access to justice
- fairness, impartiality and independence in decision making
- processes that are consistently transparent, timely and certain
- accountability in its conduct and its use of public resources
- the highest standards of competency and personal integrity of its judges, commissioners and support staff.
To assist in fulfilling its purpose, the Court aims to achieve excellence in seven areas:
Court leadership and management: To provide organisational leadership that promotes a proactive and professional management culture, pursues innovation and is accountable and open.
Court planning and policies: To formulate, implement and review plans and policies that focus on fulfilling the Court’s purpose and improving the quality of its performance.
Court proceedings: To ensure the Court’s proceedings and dispute resolution services are fair, effective and efficient.
Public trust and confidence: To maintain and reinforce public trust and confidence in the Court and the administration of justice.
User satisfaction: To understand and take into account the needs and perceptions of its users relating to the Court’s purpose.
Court resources: To manage the Court’s human, material and financial resources properly, effectively and with the aim of gaining the best value.
Affordable and accessible court services: To provide practical and affordable access to information, court processes and services.
Structure of the Court
Judges
Judges hold permanent appointments, and from time to time Acting Judges may be temporarily appointed. There are 6 permanent Judges in the Land and Environment Court, including the Chief Judge. Judges have the same rank, title, status and precedence as Judges of the Supreme Court. While judges preside over all class 4, 5, 6 and 7 matters, they can also hear matters in other classes of the Court's jurisdiction.
Commissioners
Commissioners are appointed for seven year terms. There are presently 9 permanent Commissioners in the Land and Environment Court. Acting Commissioners may also be appointed from time to time. At the completion of the term Commissioners are eligible to be re-appointed for a further term. Commissioners are appointed on the basis of their qualifications, special knowledge or experience in one or more of the following areas:
- Administration of local government or town planning
- Environmental, town or country planning
- Environmental science, or protection of the environment and environmental assessment
- Law and land valuation
- Architecture, engineering, surveying or building construction
- Natural resources management or administration and management of Crown lands.
Aboriginal Commissioners also assist the Court in disputes arising under the Aboriginal Land Rights Act 1983.
Registrar
The Registrar has a quasi-judicial role and case manages matters before the Court. The Registrar manages all non-criminal Land and Environment Court matters to hearing through callover by:
- giving directions
- determining applications
- granting adjournments and
- allocating hearing dates.
Also see Judges, Commissioners and Registrars page for biogrophies, terms of appointments, contact details and speeches >>
Registry
Until your case is heard by a Judge or a Commissioner, most of your contact with the Court will be with staff of the Court’s Registry. Therefore it is important for you to understand what staff can and cannot do to help you prepare your case. Most importantly, Registry staff are not permitted to give you legal advice, however the Registry has compiled a referral guide for those persons who would like to be legally represented and cannot afford it.
Registry staff can:
Registry staff cannot:
- give you legal advice.
- tell you whether or not you should bring your case to Court. We strongly advise you to seek legal advice before commencing a proceeding or appearing as an unrepresented respondent in a proceeding brought by someone else.
- recommend a certain lawyer to act on your behalf.
- tell you what words to use in your court papers such as forms and affidavits.
- tell you whether you have included enough information in your court papers.
- tell you what to say in court.
- tell you what the decision of the Court will be or give you an opinion about what it might be.
- explain orders made by a Judge, Commissioner or Registrar.
- change an order once it has been made by the Court.
- let you communicate with a Judge or Commissioner, other than at the hearing.
Also see: Location | Transport & parking | Disability access | Hours of operation | Facilities | Regional Courthouses | Court tours
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