Select this link for legislation granting the Court jurisdiction. The Court does not have the power to determine issues outside of its jurisdiction, but it has the power to resolve issues ancillary to a matter falling within its jurisdiction (s 16(1A) of the Court Act).

Proceedings in the Court fall into three general categories, reflecting the mixed jurisdiction of the Court:

1. Proceedings can be an administrative or merits review. Such reviews do not involve a breach of law. The Court re-hears the merits of an administrative decision by the original decision maker, usually local council, and stands in the shoes of the original decision maker when deciding the matter.
2. Proceedings can also seek to enforce civil rights, whether from a breach or threatened breach of the law. Such proceedings may result in an injunction, a declaration or other order being issued.
3. Finally criminal proceedings may be brought before the Court. These involve environmental offence(s) which may result in a penalty such as a fine or imprisonment.

Under the Court Act, disputes are divided into 7 classes. The class of a dispute affects the scope of the litigation and the remedies available:

Class 1 - environmental planning and protection appeals

Includes merit appeals under a range of environmental legislation, and are often appeals against council orders and council decisions about the applicant's development under the Environmental Planning and Assessment Act 1979. This Class also includes appeals by third parties or objectors relating to the restricted number of developments classified as "designated development" under the Environmental Planning and Assessment Act 1979.

Class 2 - local government and miscellaneous appeals and applications

These are merit appeals arising under the Local Government Act 1993, but may also arise from other specified Acts. Appeals in this class often involve building applications, conditions imposed on building approvals, or delay by local council.

Class 3 - land tenure, valuation, rating and compensation matters

Includes appeals against valuations of land, compensation for land compulsorily acquired by the State, determination of property boundaries, and encroachment. This Class also includes land claims under the Aboriginal Land Rights Act 1983.

Appeals falling within Classes 1, 2 and 3 are merit appeals and administrative in nature. The merits of the original decision are reconsidered. The dispute is heard afresh and parties may choose to submit new evidence (s 39 of the Court Act). In these proceedings the Court has all the powers, functions, and discretions of the original decision maker. The Court's decision replaces the original decision. Hearings are conducted with minimum formality and technicality, and the Court is not bound by legal rules of evidence (s 38 of the Court Act).

A Commissioner or a Judge can hear Classes 1, 2 and 3 matters. For more complicated matters in these Classes, two Commissioners or a Commissioner with a Judge may hear the appeal.

Class 4 - environmental planning and protection and development contract - civil enforcement

This includes civil enforcement of environmental offences under a range of environmental legislation and judicial review of an administrative decision.

Civil enforcement of environmental planning matters is usually brought under s 123 of the Environmental Planning and Assessment Act 1979 to remedy or restrain a breach of an environmental planning instrument. Civil enforcement for environmental offences can be brought under s 253 of the Protection of the Environment Operations Act 1997. Such proceedings usually seek a remedy - whether by declaration and / or an order to restrain a breach of legislation that is causing or likely to cause harm to the environment.

Judicial review of an administrative decision can also be brought to question the validity of a decision made by council or another administrative authority. The validity of a decision does not look at whether it was good or bad. Instead, the question is whether the original decision maker had the legal power to make the decision, and whether the correct legal procedures were followed in making the decision. In a judicial review, the Court will not substitute its decision for the original decision. Where the Court decides that the original decision maker had no power to make the decision, the original decision will be declared invalid and the dispute ends there. However if the Court concludes that the decision maker had the power but did not follow the correct procedures, the original decision maker can decide the matter again - this time following the right procedures. The eventual decision may still be same, with the decision making process adjusted accordingly to reflect procedural requirements.

Class 5 - environmental planning and protection - criminal enforcement

Proceedings in this class are in the criminal jurisdiction of the Court. These involve criminal enforcement or prosecutions for a wide range of environmental offences specified under a range of environmental legislation. The jurisdiction is summary, which means that the judge hears the case without a jury. Prosecutions are usually brought by the Environment Protection Authority (EPA), but can also be brought by local councils. A member of the general public will require leave of the Court to bring Class 5 proceedings.

Class 6 - appeals by defendants from convictions relating to environmental offences

These are appeals from prosecutions, usually brought under sections 31 or 42 of the Crimes (Appeal and Review) Act 2001 (other than appeals under Division 3A of that Part), for environmental offences in the Local Courts. Such appeals are by way of re-hearing. The Court hears all the evidence again and makes a fresh decision on the matter.

Class 7 - other appeals by defendants relating to environmental offences

These appeals involve environmental offences which would have previously been heard by the Supreme Court under sections 32 or 43 of the Crimes (Appeal and Review) Act 2001 (other than appeals under Division 3A of that Part), or environmental offences in the Local Courts. Such appeals are by way of re-hearing. The Court hears all the evidence again and makes a fresh decision on the matter.

Proceedings in Classes 4, 5, 6 and 7 are judicial and always heard by a Judge. Rules of evidence apply.

Costs are usually awarded in Classes 4, 5, 6 and 7 appeals, but this may not happen where the Court finds the issues in dispute to have been in the public interest.

Appealing a Court decision

A party can appeal a Commissioner's decision in Classes 1, 2 and 3 proceedings to a Judge of the Land and Environment Court (s 56A of the Court Act). However such an appeal is confined to errors of law and does not involve a review of the decision on the merits. A judicial decision following a s 56A appeal can be appealed, only with leave of Supreme Court, to the Court of Appeal (s 57 of the Court Act). Again, this appeal is limited to errors of law.

When a Judge (rather than a Commissioner) makes a decision on the merits, an appeal goes to the Court of Appeal but again is limited to errors of law.

An appeal from a decision by a Judge in Class 4 proceedings to enforce civil rights is made to the Court of Appeal (s 58 of the Court Act). This may be a full appeal on the law and the facts.

A decision by a Judge in criminal proceedings, in Classes 5 and 6, may be appealed to the Court of Criminal Appeal, which may also a full appeal (ss 5AB, 5BA Criminal Appeal Act 1912).

Remedies

The Court may order remedies to correct an environmental wrong. Remedies may be