South Australian Numbered Acts

IRRIGATION ACT 2009 (NO 13 OF 2009) - SECT 58

58—Constitution of Environment, Resources and Development Court

The following provisions apply in respect of the constitution of the Environment, Resources and Development 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 Senior Judge 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 irrigated farming or management of water resources.