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Nsw Land and Environment Court

NSW Land & Environment Court

Newhouse & Arnold Solicitors have experienced practitioners who can advise you on strategy and represent you in the New South Wales Land and Environment Court.

Newhouse & Arnold Solicitors have a team of environmental & planning lawyers who have acted for both Councils and applicants and know their way around the NSW Land and Environment Court.

David Newhouse has worked for the EPA, was a tipstaff for a Judge in the New South Wales Land and Environment Court before he was a barrister for 5 years, practising primarily in the Land and Environment Court’s jurisdiction. David has acted for Councils, developers, National Parks, Valuer-General, Roads and Maritime Services (formerly RTA) to residential applicants trying to get their development approved by Council.

Experience in the Land and Environment Court

Newhouse & Arnold Solicitors have an experienced team of environmental and planning lawyers who are on top of the recent Court decisions and can help you to put in place the best strategy to:

• Get your development approval (DA),
• Amend your s.96 application,
• Defend you against a Council order,
• Resolve your tree dispute,
• Appeal land resumption or challenge a Council decision (as an objector).

Our initial meeting is free. We will offer you cost effective solutions and put you in touch with experienced experts such as town planners, heritage consultants, arborists, surveyors, and valuers.

Contact David Newhouse on 02 9922 1100 for your free consultation to develop your planning strategy.

Where is the NSW Land and Environment Court?

The New South Wales Land and Environment Court is located at:

Level 4, 225 Macquarie Street
Sydney NSW 2000

Phone: (02) 9113 8200
Email: lecourt@agd.nsw.gov.au
Website: www.lawlink.nsw.gov.au/lec

What are the different class jurisdictions?

Class 1 Environmental planning and protection appeals
Includes appeals on the merits only against refusals, or deemed refusals, of development consents or conditions of development consents, third party appeals against designated development, and appeals against Local Council orders.

Class 2 Tree Disputes and miscellaneous appeals
Includes tree and hedge disputes, Strata Scheme Development proceedings and other miscellaneous environment and planning legislation.

Class 3 Valuation, compensation and Aboriginal land claim cases
Includes appeals involving compensation for compulsory acquisition, valuation of land appeals, Strata Scheme Development proceedings and other miscellaneous environment and planning legislation.

Class 4 Civil enforcement and judicial review of decisions under planning or environmental law
Includes proceedings for breaches of planning law (e.g. carrying out a development without consent), or breaches of conditions of development consent, and proceedings which question the legal validity of consents or refusals of consent by consent authorities.

Class 5 Criminal proceedings for offences against planning or environmental laws
Includes prosecutions for environmental offences for pollution offences and prosecutions by Local Councils for carrying out development without development consent.

Classes 6 and 7 Criminal appeals against convictions and sentences for environmental offences by the Local Court
Includes appeals by defendants from convictions relating to environmental offences imposed by magistrates in the Local Court and appeals from magistrates in respect of environmental prosecutions which previously would have been heard by the NSW Supreme Court.

Class 8 Mining matters
Includes civil mining matters arising under the Mining Act 1992 or the Petroleum (Onshore) Act 1991

Who is currently sitting on the Court?

The Hon. Justice Brian Preston SC, Chief Judge
Associate: Ms Errin Lindsay
Researcher: Ms Sophie Whitehead
ph (02) 9113 8261
fax (02) 9113 8266

The Hon. Justice Terence Sheahan AO
Associate: Ms Alison Ludewigph
ph (02) 9113 8281
fax (02) 9113 8288

The Hon. Justice Nicola Pain
Associate: Ms Fotini Avdoulosph
ph (02) 9113 8251
fax (02) 9113 8277

The Hon. Justice Rachel Ann Pepper
The Hon. Justice Tim Moore
Associate: Ms Peta Dixonph
ph: (02) 9113 8268
fax: (02) 9113 8244

The Hon. Justice John Ernest Robson
Associate: Ms Pippin Pritchard
ph: 9113 8268
fax (02) 9113 8233

The Hon. Acting Justice Simon Molesworth
Associate: Ms Jasmin Geary (Mon-Weds)
Ms Amber Kosnetter (Thurs-Friday)
ph: 9113 8231
fax (02) 9113 8244

There are also Commissioners who sit on the NSW Land and Environment Court.

Main Legislation Granting Jurisdiction

Key legislative instruments which grant the Court jurisdiction to hear and determine matters are:

• Environmental Planning & Assessment Act 1979 (NSW)
• Local Government Act 1993 (NSW)
• Protection of the Environment Operations Act 1997 (NSW)
• Heritage Act 1977 (NSW)
• Threatened Species Conservation Act 1995 (NSW)
• Native Vegetation Act 2003 (NSW)
• Contaminated Land Management Act 1997 (NSW)
• Roads Act 1993 (NSW)
• Land Acquisition (Just Terms Compensation) Act 1991 (NSW)
• Trees (Disputes Between Neighbours) Act 2006 (NSW)
• Noxious Weeds Act 1993 (NSW)
• Water Management Act 2000 (NSW)
• Water NSW Act (2014)
• Environmentally Hazardous Chemicals Act 1985 (NSW)
• Fisheries Management Act 1994 (NSW)
• Pesticides Act 1999 (NSW)
• Forestry and National Park Estate Act 1998 (NSW)
• Forestry Act 2012 (NSW)
• Pipelines Act 1967 (NSW)
• National Parks and Wildlife Act 1974 (NSW)
• Aboriginal Land Rights Act 1983 (NSW)
• Biological Control Act 1985 (NSW)
• Plantations and Reafforestation Act 1999 (NSW)
• Dangerous Goods (Roads and Rail Transport) Act 2008 (NSW)
• Strata Schemes Development Act 2015 (NSW)
• Lake Illawarra Authority Act 1987 (NSW)
• Swimming Pools Act 1992 (NSW)
• Community Land Management Act 1989 (NSW)
• Pluming and Drainage Act 2011 (NSW)
• Encroachment of Buildings Act 1922 (NSW)
• Valuation of Land Act 1916 (NSW)
• Real Property Act 1900 (NSW)
• Fire and Emergency Services Levy Act (NSW) 2017
• Access to Neighbouring Land Act 2000 (NSW)
• Mine Subsidence Compensation Act (NSW) 1961
• Wilderness Act (NSW) 1987

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