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.
- 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
- 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
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.
For links to useful Court information and documents, legislation and case studies relating to miscellaneous appeals, see: Helpful materials.