Outcomes and orders    

 

Resolving disputes

Class 8 proceedings are usually resolved by hearings, but mediation is offered and has been used successfully.  Information is available on:

Giving judgment

At the conclusion of the hearing or at a later date, the judge or Commissioner for Mining hearing the proceedings will give judgment.  The judgment will state the decision and orders and give reasons for making the decision.  Further information is available on:

Orders

The nature and terms of the orders the Court may make are determined by the nature of the proceedings and the statute under which the proceedings are brought.  The jurisdiction of the Court to hear and dispose of proceedings in Class 8 is stated in s 293 of the Mining Act 1992 and s 115 of the Petroleum (Onshore) Act 1991.  Part 15 of the Mining Act gives the Court power to make a variety of other orders.

Giving effect to the Court’s decision 

The decision of the Court is final and conclusive, binding on the parties and is to be given effect accordingly (see s 56(a) of the Court Act).

Appeals against the Court’s decision 

A party may appeal against an order or decision of the Court in Class 8 proceedings on a question of law.  If the order or decision of the Court was made by a Commissioner for Mining, the appeal is under s 56A of the Land and Environment Court Act to a judge of the Court.  If the order of decision was made by a judge, the appeal is under s 57 of the Land and Environment Court Act to the NSW Court of Appeal. 

Further information is available on appeals against the Court’s decisions.



 
 
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