Native Vegetation Act 1991

Subject to this Act, 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 Senior Judge of the Court so determines, be constituted of—

in relation to proceedings for an offence against this Act—a magistrate and 1 commissioner; or

in any case—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, or a magistrate 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 wide practical knowledge of, and experience in, the preservation and management of native vegetation.

Offences constituted by this Act lie within the criminal jurisdiction of the

ERD Court.