New South Wales Consolidated Acts
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LAND AND ENVIRONMENT COURT ACT 1979 - SECT 35
Inquiries by Commissioners
(1) Where proceedings are pending in Class 3 of the Court's jurisdiction, the
Court may, with the consent of the parties, direct that an inquiry into any
issue raised in, or other matter connected with, the proceedings be made by a
single Commissioner.
(2) The Commissioner making an inquiry pursuant to this
section shall make a report to the Court.
(3) Where a report is made to the
Court under subsection (2), the Court shall, as soon as practicable, furnish a
copy of the report to each of the parties.
(4) The Court may, with the
consent of the parties, adopt any findings or observations set out in a report
under subsection (2).
(5) A Commissioner, in making an inquiry pursuant to
this section, shall have and may exercise the functions of the Court under
section 68 of the Civil Procedure Act 2005 .
(6) A Commissioner who has made
an inquiry pursuant to this section in relation to any proceedings is
disqualified from further participation in those proceedings, unless the
parties otherwise agree.
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