South Australian Consolidated Acts

ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT ACT 1993 - SECT 33

33—General powers of the Court and the Supreme Court to cure irregularities

        (1)         If, in proceedings before the Court under this or any other Act, or on an appeal to the Supreme Court from a decision or order of the Court under this Act, it appears to the relevant Court that—

            (a)         there has been a failure to comply with a requirement of any Act or other law that affects the matter to which the application or appeal relates; and

            (b)         it would not be unjust or inequitable to exercise the powers conferred by this subsection,

the relevant Court may excuse the failure by ordering that, subject to such conditions as may be stipulated by the relevant Court, the requirement be dispensed with to the necessary extent.

        (2)         If, in proceedings before the Court under this or any other Act, or on an appeal to the Supreme Court from a decision or order of the Court under this Act, it appears to the relevant Court that—

            (a)         the proceedings or appeal could be resolved in a manner that is fair to all parties if certain modifications to the proceedings or appeal were made; and

            (b)         it would be conducive to the expeditious administration of justice if the powers conferred by this subsection were exercised,

the relevant Court may, by order, amend the application or appeal accordingly.