South Australian Current Acts South Australian Current Acts114—Constitution of ERD Court
The following provisions apply in respect of the constitution of the ERD Court
when exercising jurisdiction under this Act:
(a) the
Court may be constituted in a manner provided by the
Environment, Resources and Development Court Act 1993 or may, if the
Presiding Member of the Court so determines, be constituted of a Judge and
1 commissioner;
(b) the
provisions of the Environment, Resources and Development Court Act 1993
apply in relation to the Court constituted of a Judge and 1 commissioner
in the same way as in relation to a full bench of the Court;
(c) the
Court may not be constituted of or include a commissioner unless—
(i)
in a case where only 1 commissioner is to sit
(whether alone or with another member or members of the Court)—the
commissioner; or
(ii)
in any other case—at least 1 commissioner,
is a commissioner who has been specifically designated by the Governor as a
person who has expertise in fields that are relevant to the jurisdiction
conferred on the Court by this Act.