Land and Environment Court of New South Wales
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The Land and Environment Court of New South Wales is a court within the Australian court hierarchy established pursuant to the Land and Environment Court Act 1979 (NSW) to hear environmental, development, building and planning disputes. The Court's jurisdiction, confined to the state of New South Wales, Australia, includes merits review, judicial review, civil enforcement, criminal prosecution, criminal appeals and civil claims about planning, environmental, land, mining and other legislation.[1]
| Land and Environment Court of New South Wales | |
|---|---|
| |
| Established | 14 April 1980 |
| Jurisdiction | New South Wales, Australia |
| Location | Sydney |
| Authorised by | Parliament of New South Wales via the Land and Environment Court Act 1979 (NSW) |
| Appeals to | |
| Appeals from | Local Court of New South Wales (with respect to an environmental offence under the Crimes (Appeal and Review) Act 2001 (NSW)) |
| Website | lec.nsw.gov.au |
| Chief Judge | |
| Currently | Brian Preston |
| Since | 14 November 2005 |
History
The Court was established on 1 April 1980 as the world's first environmental court that was also a superior court of record.[1]
A Parliamentary review in 2001 noted "It is evident that there is some dissatisfaction within sections of the community about the role and operations of the Court".[2]
In Environmental Protection and Legal Change (Federation Press, 1992) Wilcox J recounts how he helped draft a submission on behalf of the Bar Council recommending that the proposed Land and Environment Court (LEC) be established as part of the NSW Supreme Court. Wilcox J notes that while Paul Landa (then Minister of Planning and Environment) did carefully review the submissions and follow many of the suggestions, he decided to establish the LEC as a separate court. Shortly after this decision was made, Wilcox J ran into Landa. Wilcox J recalls:
I asked him why he was not going to make the [LEC] part of the Supreme Court. He replied: "What, and lose the power to appoint the judges?" The point, of course, was that as Minister for Planning and Environment, he would have administrative control of a separate court, but the Supreme Court was under the administrative control of the Attorney General. ... This is why the [LEC] is not part of the Supreme Court. There is no more intellectually respectable reason than a Minister's desire for power.[3] (emphasis added)
Structure and jurisdiction
The Court is a superior court of record. It consists of a Chief Judge, several Judges, and Commissioners. The New South Wales Court of Criminal Appeal and the New South Wales Court of Appeal, both divisions of the Supreme Court of New South Wales, may hear appeals from the Court, depending on the nature of case. Appellants on constitutional issues may seek special leave for the matter to be heard before the High Court of Australia in certain circumstances.
The Court has appellate jurisdiction over the Local Court of New South Wales with respect to an environmental offence under the Crimes (Appeal and Review) Act 2001 (NSW).[1]
Current composition
Judges have the same rank, title, status and precedence as the Judges of the Supreme Court of New South Wales. Judges preside over all Aboriginal land claims matters, most land tenure and compensation matters, and can hear matters in all other Classes of the Court's jurisdiction.
The Judges, in order of seniority, are as follows:
| Name | Title | Term began | Term ended | Time in office | Notes |
|---|---|---|---|---|---|
| Justice Brian Preston | Chief Judge | 14 November 2005 | present | 20 years, 131 days | [4] |
| Justice Nicola Pain | Judges | 18 March 2002 | present | 24 years, 7 days | |
| Justice Rachel Pepper | 1 May 2009 | present | 16 years, 328 days | ||
| Justice Tim Moore | 4 January 2016 | present | 10 years, 80 days | ||
| Justice John Robson | 5 July 2016 | present | 9 years, 263 days | ||
| Justice Sandra Duggan | 10 September 2019 | present | 6 years, 196 days |
Past Judicial officers and decision makers
Past Chief Judges
| Name | Title | Term ended | Time in office | Notes |
|---|---|---|---|---|
| Justice Jim McClelland | 14 April 1980 | 2 June 1985 | 5 years, 49 days | [4] |
| Justice Jerrold Cripps | 3 June 1985 | 1 April 1992 | 6 years, 303 days | |
| Justice Mahla Pearlman AO | 6 April 1992 | 3 July 2003 | 11 years, 88 days | |
| Justice Peter McClellan | 25 August 2003 | 1 September 2005 | 2 years, 7 days |
Former Judges
- The Honourable Justice Terry Sheahan AO
- The Honourable Justice Malcolm Craig
- The Honourable Justice Peter Biscoe
- The Honourable Justice Paul Stein
- The Honourable Justice Neal Bignold
- The Honourable Justice Angus Talbot – 1992 to 2007
- The Honourable Justice David Lloyd
- The Honourable Justice Jayne Jagot
See also
- List of New South Wales courts and tribunals
- Warden Court, a predecessor to the Land and Environment Court of New South Wales
- NSW Threatened Species Conservation Act 1995 (TSC Act)