Land and Environment Court of New South Wales

The Land and Environment Court of New South Wales is a court within the Australian court hierarchy established pursuant to the 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.

History

The Court was established on 1 April 1980 as the world's first environmental court that was also a superior court of record.

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".

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. (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 .

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 present Justice Nicola Pain Judges present Justice Rachel Pepper present Justice John Robson present Justice Sandra Duggan present Justice Sarah Pritchard15 November 2022presentJustice Richard Beasley17 March 2025present

Past Judicial officers and decision makers Past Chief Judges

Name Title Term ended Time in office Notes Justice Jim McClelland Justice Jerrold Cripps Justice Mahla Pearlman Justice Peter McClellan

Former Judges The Honourable Justice Ted Perrignon The Honourable Justice Noel Hemmings The Honourable Justice Charles Bannon The Honourable Justice Paul Stein The Honourable Justice Dennis Cowdroy The Honourable Justice Neal Bignold The Honourable Justice Angus Talbot The Honourable Justice Jayne Jagot The Honourable Justice David Lloyd The Honourable Justice Peter Biscoe The Honourable Justice Malcolm Craig The Honourable Justice Terry Sheahan The Honourable Justice Timothy Moore

Land and Environment Court of New South Wales

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