New South Wales Consolidated Acts

LAND AND ENVIRONMENT COURT ACT 1979 - SECT 34A

34A Proceedings to which on-site hearing procedures apply

(1) This section applies to the following proceedings, if the proceedings have not been disposed of under section 34--

(c) proceedings in Class 1 of the Court's jurisdiction that are brought under section 8.7 of the Environmental Planning and Assessment Act 1979 ,

(c1) proceedings in Class 1 of the Court's jurisdiction that are brought under section 8.9 of the Environmental Planning and Assessment Act 1979 ,

(d) proceedings in Class 1 of the Court's jurisdiction that are brought under section 8.18 of the Environmental Planning and Assessment Act 1979 ,

(e) proceedings in Class 1 of the Court's jurisdiction that are brought under section 8.25 of the Environmental Planning and Assessment Act 1979 ,

(f) proceedings in Class 2 of the Court's jurisdiction that are brought under section 7 of the Trees (Disputes Between Neighbours) Act 2006 ,

(g) proceedings in Class 2 of the Court's jurisdiction that are brought under section 14B of the Trees (Disputes Between Neighbours) Act 2006 .

(1A) This section does not apply to proceedings to which section 34AA applies.

(2) If, in relation to proceedings under section 8.7 of the Environmental Planning and Assessment Act 1979 , the parties agree, or, in the absence of any such agreement, the Registrar at the first or a subsequent callover determines, that the proceedings involve proposed development that--

(a) has an estimated value that is less than half the median sale price for the previous quarter for all dwellings in the local government area in which the development is proposed to be carried out, and

(b) if carried out, would have little or no impact beyond neighbouring properties, and

(c) does not involve any significant issue of public interest beyond any impact on neighbouring properties,

the proceedings are to be dealt with under section 34B, subject to subsection (6).

(2A) Proceedings to which this section applies (other than proceedings under section 8.7 of the Environmental Planning and Assessment Act 1979 ) are to be dealt with under section 34B, subject to subsection (6), if the Registrar at the first or a subsequent callover determines that the proceedings--

(a) have little or no impact beyond neighbouring properties, and

(b) do not involve any significant issue of public interest beyond any impact on neighbouring properties.

(3) Proceedings that are dealt with under section 34B are referred to in this Act as
"on-site hearing matters" .

(4) Proceedings to which this section applies, other than those referred to in subsection (2) or (2A), are to be dealt with under section 34C, subject to subsection (6).

(5) Proceedings that are dealt with under section 34C are referred to in this Act as
"court hearing matters" .

(6) At any time before proceedings to which this section applies commence to be dealt with under section 34B or 34C, the Court, on the application of a party or of its own motion, may determine that the proceedings are to be dealt with--

(a) under section 34C instead of under section 34B, or

(b) under section 34B instead of under section 34C.