New South Wales Consolidated Acts

LAND AND ENVIRONMENT COURT ACT 1979 - SECT 34AA

34AA Mandatory conciliation and arbitration

(1) This section applies to the following proceedings pending in Class 1 of the Court's jurisdiction relating to appeals, objections and applications under section 8.7 or 8.9 of the Environmental Planning and Assessment Act 1979 --

(a) proceedings concerning development applications, or modifications to development consents, for--

(i) development for the purposes of detached single dwellings and dual occupancies (including subdivisions), or alterations or additions to such dwellings or dual occupancies, or

(ii) development of a kind prescribed by the regulations,

(b) particular proceedings that the Court orders, on the application of a party to the proceedings or of its own motion, to be dealt with under this section.

(2) Section 34 applies to the proceedings with the following modifications--

(a) the Court must arrange a conciliation conference between the parties and their representatives with or without their consent,

Note : The Commissioner has the discretion to determine the place (including an on-site hearing) fixed for the conciliation conference.

(b) if no agreement of a kind referred to in section 34(3) is reached, the Commissioner who presides over the conciliation conference must terminate the conciliation conference and, subject to this section, dispose of the proceedings--

(i) following a hearing held forthwith, or

(ii) if the parties consent, on the basis of what has occurred at the conciliation conference.

(3) The Court or the Commissioner may at any time, if the Court or Commissioner thinks it appropriate in the circumstances of the case, determine that proceedings are not to be dealt with or are not to continue to be dealt with under subsection (2). A determination may be made on the motion of the Court or Commissioner or on application by the parties.

(4) If the Court or Commissioner determines that proceedings are not to be dealt with or are not to continue to be dealt with under subsection (2), the proceedings are to be dealt with under section 34C.