Planning and Environment Court Act 2016
sec.5Constituting P&E Court
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sec.5 Constituting P&E Court
The Governor in Council may, by gazette notice, appoint 1 or more District Court judges who are each to constitute the P&E Court. A District Court judge appointed to constitute the P&E Court is called a P&E Court judge . The appointment may be for a specific period. If a District Court judge purports to constitute, and make a decision or order of, the P&E Court, the decision or order is valid despite— the judge not having been appointed as a P&E Court judge; or the judge’s appointment as a P&E Court judge having ended. More than 1 P&E Court may sit at the same time. When more than 1 P&E Court is sitting at the same time, each may exercise the jurisdiction and powers of the P&E Court. (sec.5-ssec.1) The Governor in Council may, by gazette notice, appoint 1 or more District Court judges who are each to constitute the P&E Court. (sec.5-ssec.2) A District Court judge appointed to constitute the P&E Court is called a P&E Court judge . (sec.5-ssec.3) The appointment may be for a specific period. (sec.5-ssec.4) If a District Court judge purports to constitute, and make a decision or order of, the P&E Court, the decision or order is valid despite— the judge not having been appointed as a P&E Court judge; or the judge’s appointment as a P&E Court judge having ended. (sec.5-ssec.5) More than 1 P&E Court may sit at the same time. (sec.5-ssec.6) When more than 1 P&E Court is sitting at the same time, each may exercise the jurisdiction and powers of the P&E Court.
- (a) the judge not having been appointed as a P&E Court judge; or
- (b) the judge’s appointment as a P&E Court judge having ended.