Constitution of ERD Court
114 Constitution of ERD Court
The following provisions apply in respect of the constitution of the ERD Court when exercising jurisdiction under this Act:
the Court may be constituted in a manner provided by the
Environment, Resources and Development
Court Act 1993 or may, if the Presiding Member of the
Court so determines, be constituted of a Judge and
1 commissioner;
the provisions of the Environment, Resources and Development Court
Act 1993 apply in relation to the Court constituted of a
Judge and 1 commissioner in the same way as in relation to a full bench of the Court;
the Court may not be constituted of or include a commissioner unless—
in a case where only 1 commissioner is to sit (whether alone or with another member or members of the Court)—the commissioner;
or
in any other case—at least
1 commissioner, is a commissioner who has been specifically designated by the
Governor as a person who has expertise in fields that are relevant to the jurisdiction conferred on the Court by this Act.
This Act’s bill:Second reading speech
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