South Australian Consolidated Acts

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ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT ACT 1993 - SECT 30

30—Right of appeal

        (1)         Subject to this section and to any provision in a relevant Act as to appeals against a decision or order of the Court in the exercise of a jurisdiction conferred by that Act, an appeal lies—

            (a)         in the case of an interlocutory order made by the Court—to the Supreme Court constituted of a single Judge;

            (b)         in the case of a decision or order given or made by one or more commissioners (not being a decision or order of a full bench)—to the Supreme Court constituted of a single Judge;

            (c)         in the case of a decision or order given or made by a magistrate—to the Supreme Court constituted of a single Judge;

            (d)         in the case of a decision or order given or made by a Master or a registrar—to the Supreme Court constituted of a single Judge;

            (e)         in any other case—to the Full Court of the Supreme Court.

        (2)         An appeal lies as of right on a question of law and with permission on a question of fact (but this principle may be displaced or modified by the provisions of the relevant Act under which the jurisdiction is conferred).

        (3)         A right of appeal conferred by this section extends to a representative or witness against whom an order for costs is made.

        (4)         A party to any criminal proceedings before the Court may appeal against any judgment given in those proceedings in the same way, and to the same extent, as an appeal may be instituted against a judgment given in a criminal action under the Magistrates Court Act 1991 .



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