South Australian Numbered Acts

STATUTES AMENDMENT (COURTS) ACT 2004 (NO 23 OF 2004) - SECT 8

8—Insertion of section 98

Part 13—before section 99 insert:

98—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 one commissioner;

            (b)         the provisions of the Environment, Resources and Development Court Act 1993 apply in relation to the Court constituted of a Judge and one 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 one 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 one 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.