Environment, Resources and Development Court Act 1993

This Act may be cited as the Environment, Resources and Development Court Act 1993.

In this Act, unless the contrary intention appears—

Chief Judge means the person for the time being holding, or acting in, the office of Chief Judge under the

District Court Act 1991;

Court means the Environment, Resources and

Development Court;

evidentiary material means any document, object or substance of evidentiary value in proceedings before the Court and includes any document, object or substance that should, in the opinion of the Court, be produced for the purpose of enabling the Court to determine whether or not it has evidentiary value;

native title commissioner means a commissioner with expertise in Aboriginal law, traditions and customs;

native title jurisdiction means the jurisdiction of the Court to hear and determine a native title question;

native title question—see Part 2

Native Title (South Australia)

Act 1994;

registrar means the Registrar or Deputy

Registrar of the Court, but does not include a Judicial

Registrar;

relevant Act means—

an Act which confers jurisdiction on the Court; or

an Act which creates an offence in respect of which jurisdiction is conferred on the Court under this Act;

rules means the rules of the Court in force under this Act.

The following are members of the Court;

any judge appointed to the Court;

any magistrate appointed to the Court;

the commissioners of the Court;

the Judicial Registrars.

NoteFor definition of divisional penalties (and divisional expiation fees) see Appendix.

The Environment, Resources and Development Court is established.

The Court is a Court of record.

The Court will have such seals as are necessary for the transaction of its business.

A document apparently sealed with a seal of the Court will, in the absence of evidence to the contrary, be taken to have been duly issued under the authority of the Court.

Subject to this section, the Court will have the jurisdiction (including the jurisdiction to try a charge of an offence) conferred on it by or under this or any other Act.

The Court does not have jurisdiction in respect of major indictable offences.

The regulations may confer on the Court jurisdiction in respect of summary or minor indictable offences against a specified Act or statutory provision.

If jurisdiction is conferred on the Court under this or any other

Act in respect of a summary or minor indictable offence, any proceedings for the offence must be commenced in the Court.

The Court will deal with a charge of a summary offence or a minor indictable offence in the same way as the Magistrates Court deals with such a charge (and in accordance with the procedures that would apply if the

Magistrates Court were dealing with such a charge) and the

Summary Procedure

Act 1921 applies to the Court subject to any additions, exclusions or modifications prescribed by the regulations as if references to the Magistrates Court extended to the Court.

For the avoidance of doubt, if a person charged with a minor indictable offence elects, in accordance with the

Summary Procedure

Act 1921, for trial in a superior court, the Court must commit the defendant for trial by jury in the District

Court.

Where proceedings for a minor indictable offence are brought in the

Court—

the Court cannot impose a fine that exceeds the maximum fixed by the relevant Act or $300 000 (whichever is the lesser); and

the Court cannot impose a sentence of imprisonment that exceeds the maximum fixed by the relevant Act or two years (whichever is the lesser).

If the Court is of the opinion in any particular case that a sentence should be imposed that exceeds the limits prescribed by subsection (4), the Court may remand the defendant to appear for sentence before the District Court.

There will be a Senior Judge of the

Court.

The Senior Judge must be a Judge of the District Court appointed by the Governor after consultation with the Chief Judge.

The Senior Judge is responsible for the administration of the

Court.

The Senior Judge is not precluded, by that office, from performing judicial functions outside the Court.

The Senior Judge ceases to hold office as such on ceasing to hold office as a Judge of the District Court.

Any other Judge holding office under the District

Court Act 1991 who is designated by the Governor, by instrument in writing, as a Judge of the Environment, Resources and Development

Court will (while he or she continues to hold office as a judge of the District

Court) be a Judge of the Court.

If the Senior Judge is absent or unable to act, another Judge of the Court nominated by the Governor will act in the office of Senior

Judge.

The Senior Judge may delegate any power or function under this Act to another Judge of the Court.

A delegation under subsection (8) is revocable at will and does not derogate from the power of the Senior Judge to act himself or herself in any matter.

Any magistrate holding office under the Magistrates

Act 1983 who is designated by the Governor, by instrument in writing, as a member of the Environment, Resources and

Development Court will (while he or she continues to hold office as a magistrate) be a member of the Court.

A magistrate appointed under subsection (1) may also, if the Governor so determines, be appointed as an Associate Judge of the

Court.

A magistrate is, in relation to the performance of duties as a member of the Court, administratively responsible to the Senior Judge of the

Court.

The Governor may appoint any suitable person to be a commissioner of the Court.

A commissioner (other than a native title commissioner) must be a person with practical knowledge of, and experience in—

local government; or

urban or regional planning; or

architecture, civil engineering, building, building safety or building regulation; or

administration, commerce or industry; or

environmental protection or conservation; or

agricultural development; or

land care or management, housing or welfare services;

or

heritage; or

resource exploration, recovery or production; or

any other field which is relevant to a jurisdiction conferred on the Court by a relevant Act.

A commissioner appointed as a native title commissioner must be a person with expertise in Aboriginal law, traditions and customs.

Before the Governor appoints a commissioner as a native title commissioner, the Minister must consult about the proposed appointment with the

Commonwealth Minister designated by regulation.

The Governor may, when appointing a commissioner or by subsequent notice in writing to the commissioner, specifically designate the commissioner as being a person who has expertise in a particular field.

The Schedule has effect in respect of commissioners.

Any Associate Judge holding office under the District

Court Act 1991 who is designated by the Governor, by instrument in writing, as an officer of the Environment, Resources and

Development Court will be an Associate Judge of the Court.

Any Judicial Registrar holding office under the

District Court

Act 1991 who is designated by the Governor, by instrument in writing, as an officer of the Environment, Resources and

Development Court will (while they continue to hold office as a Judicial

Registrar) be a Judicial Registrar of the Court.

Subject to the regulations, Judicial Registrars may exercise such jurisdiction of the Court as assigned by the Chief Judge or the rules.

No act or proceeding of the Court is invalid by reason of a vacancy in the office, or a defect in the appointment, of a member of the

Court.