This legislation has been repealed.
222—Constitution of Environment, Resources and Development 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.