Constitution of ERD Court
81 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.
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