Land and Valuation Court of New South Wales

The Land and Valuation Court of New South Wales was a court which had jurisdiction to deal with disputes concerning crown land in New South Wales. It replaced the Land Court of New South Wales on 10 December 1921 and itself replaced by the Land and Environment Court of New South Wales on 1 September 1980.

The Crown Land Acts 1884 (NSW) created a new structure, introducing various new tenures of holding real property not previously in existence in Australia. These new tenures included grazing licences, homestead leases, conditional leases, and pastoral leases. There were also annual leases for pastoral purposes, and leases of scrub land. Lessees acquired the right to convert portions of land held under pastoral or homestead leases into scrub leases. There were leases for wharfs and jetties and leases for special purposes, such as dams, irrigation works, sawmills, and quarries and permits for wharfs and jetties.

To administer this new system, land in New South Wales was divided into three divisions, namely eastern, central and western divisions. Each division had a Local land board, which effectively decentralised the administration of Crown land in the State

Parties to any proceedings before a local land board were given a right to appeal from any adjudication or decision of the board to the Minister for Lands, who was directed to hear and determine the appeals as in open court.

The Crown Lands Act 1889 (NSW) introduced a Land Court of New South Wales which replaced the ministerial court. The new court comprised three members who were appointed by the Governor of New South Wales. The governor could appoint of the members as the President. The Land Court heard all appeals and all matters referred to it by the Minister or by a local land board, making orders or awards which were conclusive on the parties and had the force of a common law judgment of the Supreme Court of New South Wales.

Questions of law arising in cases in the Land Court could be referred to the Supreme Court in the form of a stated case, on the request of any party or of the Court’s own motion.

The Crown Lands Consolidation Act 1913 (NSW) abolished the Land Court and constituted a Land Appeal Court of New South Wales consisting of three members, one of whom was the President. The jurisdiction of the Land Appeal Court was similar to that of its predecessor, the Land Court, and again provision was made for the stating and submitting of a case for the decision of the Supreme Court on any question of law.

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