Land and Environment Court of NSW

Appeals against Land and Environment Court decisions

Appeals can be made against decisions of the Land and Environment Court.

The nature of the appeal and the Court to which the appeal is made varies depending on:

  • the type of proceedings
  • the type of decision or order
  • whether the Court was constituted by a judge or a commissioner.

The below links descibe the processes for:

Fast facts

In 2022, there were 12 appeals against commissioner's decisions determined by the Court. This represents 1.1% of all commissioners' decisions in 2022 in Classes 1, 2, 3 and 8.

Of the finalised appeals:

  • 50% were dismissed
  • 0% were upheld
  • 50% were discontinued.

In 2022, 9 appeals were determined by the NSW Court of Appeal on appeal from the Land and Environment Court.

Of appeals finalised in the NSW Court of Appeal:

  • 89% were dismissed
  • 11% were upheld in full or in part.

Of the 6 appeals finalised in the NSW Court of Criminal Appeal:

  • 83% were dismissed or refused
  • 17% were upheld in full or in part. 
Appeals against Land and Environment Court decisions
Appeals against Land and Environment Court decisions
In 2022, there were  12 appeals against commissioner's decisions determined by the Court
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