Miscellaneous appeals

The various types of appeals, objections, applications and proceedings involving merits review of decisions of local and State government authorities that can be brought to the Land and Environment Court are described in ss 17, 18 and 19 of the Land and Environment Court Act 1979 (the Court Act). These sections of the Court Act correspond to Classes 1, 2 and 3 of the Court’s jurisdiction, respectively.

The pages covered in 'miscellaneous appeals' describe appeals that appear in ss 17, 18 and 19 of the Court Act, but do not fall into the categories of:

development appeals (including objector appeals) in Class 1
residential development appeals in Class 1
tree and hedge disputes in Class 2
objections to valuation of land in Class 3
claims for compensation after the compulsory acquisition of land in Class 3
Aboriginal land claims and disputes in Class 3.

The term miscellaneous appeals is used by the Court to describe the appeals discussed in these pages.

Practice and procedure

The Court has published a formal document that sets out the process and requirements for miscellaneous appeals. This is called the Practice Note – Class 1, 2 and 3 Miscellaneous Appeals (PDF , 118.7 KB). The Practice Note explains the steps that need to be undertaken before the first directions hearing, at the first directions hearing, at conciliation, before and at the final hearing, and the evidence that might be given at the hearing.

Process for miscellaneous appeals

Show All

Hide All

Environmental protection licences: Appeals under Pt 9.2 of the Protection of the Environment Operations Act 1997, including appeals regarding environment protection licence applications and environment protection licences.
Water access licenses or approvals: Appeals under s 368 of the Water Management Act 2000, including appeals regarding an access licence for water
Heritage: Appeals under s 30, s 70, s 70A or s 77(1)(b) of the Heritage Act 1977, including appeals regarding interim heritage orders and applications for approvals and modification of approvals in respect of a heritage item
Threatened species: Appeals under s 106 of the Threatened Species Conservation Act 1995, including appeals regarding licence applications to harm or pick threatened species, endangered populations or endangered ecological communities
Threats to native vegetation: Appeals under s 10(7) or s 39 of the Native Vegetation Act 2007, including appeals regarding stop work orders and directions for remedial work
Land contamination: Appeals under Pt 6 of the Contaminated Land Management Act 1997, including an appeal regarding a management order.
Aboriginal heritage impact: Appeals under s 90L or s 91T of the National Parks and Wildlife Act 1974, including appeals regarding applications for an Aboriginal heritage impact permit

Local government approvals and order: sAppeals under s 176, s 177, s 178, s 180, s 182 and s 611 of the Local Government Act 1993, including appeals regarding applications for approval, revocation or modification of an approval, or orders
Swimming pools: Appeals under s 26 of the Swimming Pools Act 1992, including appeals regarding decisions of a local authority in relation to a swimming pool

Appeals against boundary determinations, under Pt 14A of the Real Property Act 1900; proceedings under the Encroachment of Buildings Act 1922; and proceedings under s 29, s 30 or s 31 of the Access to Neighbouring Land Act 2000; proceedings under ss 526 and 574 of the Local Government Act 1993.

Appellants will need to check the law under which the original decision was made to find out:

who may appeal
the circumstances in which an appeal can be made
the time within which an appeal must be made.

It may help to obtain legal advice about the particular circumstances of the case. Sections 17, 18 and 19 of the Court Act indicate the legislation (and the relevant part or section of that legislation) under which an appeal can be lodged in the Land and Environment Court.