ENVIRONMENT PROTECTION ACT 1993 - SECT 110
ENVIRONMENT PROTECTION ACT 1993 - SECT 110
110—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 environmental protection and management.