Environment, Resources and Development Court Act 1993

On the hearing of proceedings (other than criminal or contempt proceedings) under any relevant Act (but subject to the provisions of any such

the procedure of the Court will, subject to this Act, be conducted with the minimum of formality; and

the Court is not bound by the rules of evidence and may inform itself as it thinks fit; and

the Court must act according to equity, good conscience and the substantial merits of the case and without regard to legal technicalities and forms.

On an appeal from a decision or order of person or body acting under a relevant Act, the person or body must, on a request made in accordance with the rules of the Court (but subject to any qualifications specified in the rules), send to the Court any application, documents, written submissions, reports, plans, specifications or other documents lodged with, or received by, the person or body in relation to the matter, and any other relevant material, requested by the Court.

The Court may—

examine anything submitted under subsection (2) and draw any conclusions of fact it considers proper;

direct the person or body to furnish a report on any aspect of the subject matter of the appeal.

The Court must, to the extent or in the manner provided by the rules, ensure that the parties obtain access to any material submitted under subsection (2).

Without limiting a preceding subsection, the Court—

may require evidence or argument to be presented in writing and decide on the matters on which it will hear oral evidence or argument;

may limit the time available for presenting the respective cases of parties before it at a hearing to an extent that it considers would not impede the fair and adequate presentation of the cases.