Fact sheet
Planning and Environment Court Act 2016
The Planning and Environment Court Act 2016 (Court Act) is a stand-alone Act containing provisions
about the constitution, composition, jurisdiction and powers of the Planning and Environment Court
(court), including costs rules and alternative dispute resolution processes.
The Court Act will commence in 2017, at the same time as the Planning Act 2016 (Planning Act).
Below is a short summary of each part of the Court Act.
Part
Description
Part 1 –
Preliminary
Part 1 establishes preliminary information about the Court Act’s title, commencement and dictionary.
Part 2 –
Establishment
and
jurisdiction
Part 3 – Rules
and orders or
directions
Part 4 –
Powers and
procedure
(general)
Part 5 –
Planning Act
proceedings
Part 2 provides for the continuation of the court, the appointment of judges and the court’s jurisdiction. Part 2 also
provides that any person may start a court proceeding seeking a declaration about a wide range of matters under
the Court Act or the Planning Act.
Note: For appeal rights to the court under the Planning Act, see chapter 6 and schedule 1. For enforcement
proceedings in the court under the Planning Act, see chapter 5.
Part 3 provides for the making of court rules about the court’s procedures. It also empowers the court to make
orders and directions and the chief judge to make practice directions of general application.
Part 4 establishes the alternative dispute resolution (ADR) opportunities available in the court, as well as powers
of the ADR registrar and the court. It also includes provisions about parties and proceedings.
The part provides for ADR processes where the court’s ADR registrar can help the parties to achieve an early,
inexpensive settlement or resolution of the dispute. It also provides for the ADR registrar to hear and decide court
proceedings if the court directs.
Part 5 only applies to court proceedings about matters under the Planning Act and declaratory proceedings. It
sets out information about Planning Act appeals, including information about which party are responsible for
establishing that an appeal must be upheld or dismissed. It also provides information about evidence in
proceedings.
Fact sheet
Court Act
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Fact sheet
Planning and Environment Court Act 2016
Part
Description
Part 6 – Costs
Part 6 establishes the costs rules that apply in the court. It provides that each party pays its own costs in
proceedings, except in specific circumstances. Circumstances where the court will have discretion to make an
order for costs include where the court considers a proceeding was frivolous or vexatious or conducted for an
improper purpose.
Part 7 –
Appeals to
court of appeal
Part 7 establishes that a party to a court proceeding may appeal the court’s decision on the ground of error or
mistake in law or jurisdictional error. The appeal may only be made with the leave of the court of appeal. The
part also establishes the relevant timeframes and procedure as well as the relevant powers of the court of
appeal.
Part 8 –
Registry and
officers
Part 8 establishes that each district court registry is a registry of the court and that the principal registrar of the
district court is the principal registrar of the court. The part also provides for the appointment of ADR registrars.
Part 9 –
Miscellaneous
Part 9 contains provisions about annual reports, judicial notice and approval of forms. It also contains a
provision allowing regulations to be made for this Act if required.
Part 10 –
Savings and
transitional
provisions
Part 10 sets out transitional provisions to guide transition from the Sustainable Planning Act 2009 to the Court
Act. For court proceedings about planning matters, these provisions should be read in conjunction with the
transitional provisions in chapter 8 of the Planning Act.
Schedule 1 –
Dictionary
The dictionary defines terms used in the Court Act.
For more information contact us at [email protected].
Fact sheet
Court Act
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