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