New South Wales Consolidated Acts

LAND AND ENVIRONMENT COURT ACT 1979 - SECT 11A

11A Supreme Court Judges may act as Land and Environment Court Judges

(1) This section applies to each of the Judges of the Supreme Court (an
"eligible judicial officer" ) other than the following--

(a) the Chief Justice,

(b) the President of the Court of Appeal,

(c) the other Judges of Appeal,

(d) the Chief Judge at Common Law,

(e) the Chief Judge in Equity,

(f) an acting Judge.

(2) An eligible judicial officer may act as a Judge for a particular period or in relation to particular proceedings in the Court if--

(a) the Chief Judge certifies that it is expedient that the eligible judicial officer should act as a Judge of the Court for the period or in relation to the proceedings, and

(b) the eligible judicial officer consents to acting as a Judge for the period or in relation to the proceedings, and

(c) the Chief Justice consents to the eligible judicial officer acting as a Judge for the period or in relation to the proceedings.

(3) The following provisions apply to and in respect of an eligible judicial officer who acts as a Judge of the Court pursuant to the provisions of this section--

(a) the eligible judicial officer has, while acting as a Judge, all the powers, authorities, privileges and immunities of a Judge of the Land and Environment Court,

(b) the eligible judicial officer may attend the sittings of the Court for the purpose of giving judgment in, or otherwise completing, any proceedings which have been heard by the Court while the eligible judicial officer was acting as a Judge in the proceedings even if the eligible judicial officer is no longer acting as a Judge,

(c) the eligible judicial officer is not, while receiving remuneration as a Judge of the Supreme Court, entitled to remuneration for acting as a Judge of the Land and Environment Court,

(d) any service of the eligible judicial officer while acting as a Judge is taken for all purposes (including for the purposes of the Supreme Court Act 1970 and the Judges' Pensions Act 1953 ) to be service as a Judge of the Supreme Court,

(e) nothing in this Act or any other law requires the eligible judicial officer to devote the whole of his or her time to the duties of acting as a Judge of the Land and Environment Court.