Planning, Development and Infrastructure Act 2016

The following provisions apply in respect of the constitution of the

Environment, Resources and Development 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 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.