South Australian Numbered Acts

FISHERIES MANAGEMENT ACT 2007 (NO 4 OF 2007) - SECT 114

114—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.