NATIVE VEGETATION ACT 1991 - SECT 33J
NATIVE VEGETATION ACT 1991 - SECT 33J
33J—Constitution and criminal jurisdiction of ERD Court
(1) Subject to this
Act, 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
Senior Judge of the Court so determines, be constituted of—
(i)
in relation to proceedings for an offence against this
Act—a magistrate and 1 commissioner; or
(ii)
in any case—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,
or a magistrate 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 wide practical knowledge of, and experience in, the
preservation and management of native vegetation.
(2) Offences
constituted by this Act lie within the criminal jurisdiction of the ERD Court.