Executive summary of update

This update significantly expands the jurisdiction of the Land and Environment Court, primarily by centralising enforcement proceedings related to water management and local government. The Court's Class 4 jurisdiction has been broadened to hear proceedings for civil penalty contraventions under the Water Management Act 2000* and to handle additional specific enforcement matters under that Act. Furthermore, its Class 2 jurisdiction now explicitly includes appeals concerning regulations made under the *Local Government Act 1993. The primary intent is to consolidate environmental and planning-related judicial matters within a specialist court. The most significant practical consequence for our operations is an increased regulatory risk, particularly for activities involving water management, which now face a more direct and specialised enforcement pathway.

Impacted parties

Parties involved in water management, local government development, and environmental compliance are most significantly impacted by the expansion of the Court's jurisdiction over civil penalties and regulatory appeals.

Change Analysis

1. New Jurisdiction over Water Management Civil Penalties

• Change:* The Court's Class 4 jurisdiction has been expanded to include proceedings for contraventions of civil penalty provisions under the *Water Management Act 2000.
• Previous Provision:* Section 20(1) did not explicitly grant the Court jurisdiction to hear proceedings for civil penalty contraventions under the *Water Management Act 2000. These matters would have been dealt with in other courts or through different enforcement mechanisms.
• New Provision:* A new subsection, Section 20(1)(dg1), has been inserted, granting the Court jurisdiction over "proceedings for a contravention of a civil penalty provision under the *Water Management Act 2000".
• Impact Assessment:* This is a significant centralisation of power. It places a critical enforcement tool for water management directly within a specialist environmental court, likely leading to more consistent and expert-led adjudication. For our operations, this increases the risk profile for any non-compliance with the *Water Management Act 2000, as authorities now have a clear and direct pathway to seek civil penalties in the Land and Environment Court.

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