Check that you are making the right appeal or objection within the specified time limit (see above).

The application is to attach the:

• notice of intention to acquire the land
• claim for compensation
• compensation notice
• acquisition notice published in the Government Gazette.
• a schedule of losses attributable to disturbance under s 59(a) to (e) of the Just Terms Act
• a schedule of disturbance loss heads of claim which may arise under s 59(f)
• all lay evidence

The appeal can be commenced by filing three copies of the completed Class 3 Application and paying the Court’s filing fee at the Court’s registry on Level 4, 225 Macquarie Street, Sydney or by posting three copies of the completed application and the filing fee to the court at GPO Box 3565, Sydney, NSW   2001.  

In addition, all Local Courts throughout New South Wales act as agents for the Land and Environment Court.  

Applications can be filed and the filing fee paid at any Local Court registry.   The Local Court registry staff will give a receipt for the payment of the filing fee and will forward the papers to the Land and Environment Court for processing.

The Court will process the application at the court’s registry.   The application will be recorded in the Court’s record system and stamped as having been filed with the Court.   The date, time and place for the first directions hearing before the Court will be set and written by the Court’s staff on each of the three copies of the application. The first directions hearing will usually be four weeks after the date of filing of the application.

The Court’s registry will keep one copy of the application for the Court’s file and return two copies of the application to the applicant.  

One of the returned copies is for the applicant to keep and the other copy needs to be  served on the acquiring authority.

A number of documents need to be served on the acquiring authority at the same time as the application is served.   These are:

• a schedule of losses attributable to disturbance under s 59(a) to s 59(e) of the Just Terms Act
• a schedule of disturbance loss heads of claim which may arise under s 59(f) of the Just Terms Act
• all lay evidence, which is evidence of witnesses of fact and not experts, on which the applicant proposes to rely.