South Australian Consolidated Acts33J—Constitution of Environment, Resources and Development Court
The following provisions apply, subject to section 31A(8), 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 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 wide practical knowledge of, and experience in, the
preservation and management of native vegetation.