{"id":"environment-resources-and-development-court-act-1993","name":"Environment, Resources and Development Court Act 1993","slug":"environment-resources-and-development-court-act-1993","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32005,"registerId":"sa-environment-resources-and-development-court-act-1993-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environment, Resources and Development Court Act 1993","content":"South Australia\nEnvironment, Resources and Development Court Act 1993\nAn Act to establish the Environment, Resources and Development Court; to define its jurisdiction and powers; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—The Environment, Resources and Development Court\nDivision 1—Establishment of Court\n4\tEstablishment of Court\n5\tCourt is Court of record\n6\tSeal\nDivision 2—Jurisdiction of the Court\n7\tJurisdiction\nPart 3—Composition of the Court\nDivision 1—Members of the Court\n8\tJudges of the Court\n9\tMagistrates\n10\tCommissioners\n11\tAssociate Judges\n11A\tJudicial Registrars\n12\tSaving provision\n13\tDisclosure of interest by members of the Court\nDivision 2—Courts administrative and ancillary staff\n14\tCourt's administrative and ancillary staff\nPart 4—Constitution of the Court\n15\tConstitution of Court\n16\tConferences\nPart 5—Parties and sittings\n17\tParties\n18\tTime and place of sittings\n19\tAdjournment from time to time and place to place\n20\tHearing in public\n20A\tTransfer of cases between the Court and the Supreme Court\nPart 6—Exercise of jurisdiction\nDivision 1—Principles governing hearings\n21\tPrinciples governing hearings\nDivision 2—Evidentiary powers\n22\tPower to require attendance of witnesses and production of evidentiary material\n23\tPower of Court to compel the giving of evidence\n24\tEntry and inspection of property\n25\tProduction of persons held in custody\n26\tIssue of evidentiary summonses\n27\tExpert reports\nDivision 3—Supplementary powers\n28\tDeclaratory judgments\n28A\tRestraining orders\n28B\tMediation and conciliation\n28C\tAlternative orders\n28D\tSentencing conferences\n28E\tDeferral of sentence following sentencing conference\n29\tCosts\nPart 7—Appeals and reservation of questions of law\n30\tRight of appeal\n31\tReservation of questions of law\n32\tOperation of decision or order may be suspended\nPart 8—Miscellaneous\n33\tGeneral powers of the Court and the Supreme Court to cure irregularities\n34\tInterim injunctions etc\n35\tInterlocutory orders\n35A\tElectronic hearings and proceedings without hearings\n36\tImmunities\n37\tContempt in face of Court\n38\tPunishment of contempts\n38A\tCosts where contempt proved\n39\tPower to require security for costs etc\n40\tInterest payable on money order to be paid\n40A\tCustody of litigant's funds and securities\n41\tMiscellaneous provisions relating to legal process\n42\tProof of decisions and orders of the Court\n43\tEnforcement of judgments and orders\n44\tLegal costs\n45\tCourt fees\n46\tEntitlement of witness to be assisted by an interpreter\n47\tAccessibility of evidence\n48\tRules\n49\tRegulations\nSchedule—Commissioners\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Environment, Resources and Development Court Act 1993.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nChief Judge means the person for the time being holding, or acting in, the office of Chief Judge under the District Court Act 1991;\nCourt means the Environment, Resources and Development Court;\nevidentiary material means any document, object or substance of evidentiary value in proceedings before the Court and includes any document, object or substance that should, in the opinion of the Court, be produced for the purpose of enabling the Court to determine whether or not it has evidentiary value;\nnative title commissioner means a commissioner with expertise in Aboriginal law, traditions and customs;\nnative title jurisdiction means the jurisdiction of the Court to hear and determine a native title question;\nnative title question—see Part 2 Native Title (South Australia) Act 1994;\nregistrar means the Registrar or Deputy Registrar of the Court, but does not include a Judicial Registrar;\nrelevant Act means—\n\t(a)\tan Act which confers jurisdiction on the Court; or\n\t(b)\tan Act which creates an offence in respect of which jurisdiction is conferred on the Court under this Act;\nrules means the rules of the Court in force under this Act.\n\t(2)\tThe following are members of the Court;\n\t(a)\tany judge appointed to the Court;\n\t(b)\tany magistrate appointed to the Court;\n\t(c)\tthe commissioners of the Court;\n\t(d)\tthe Judicial Registrars.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\nPart 2—The Environment, Resources and Development Court\nDivision 1—Establishment of Court\n4—Establishment of Court\nThe Environment, Resources and Development Court is established.\n5—Court is Court of record\nThe Court is a Court of record.\n6—Seal\n\t(1)\tThe Court will have such seals as are necessary for the transaction of its business.\n\t(2)\tA document apparently sealed with a seal of the Court will, in the absence of evidence to the contrary, be taken to have been duly issued under the authority of the Court.\nDivision 2—Jurisdiction of the Court\n7—Jurisdiction\n\t(1)\tSubject to this section, the Court will have the jurisdiction (including the jurisdiction to try a charge of an offence) conferred on it by or under this or any other Act.\n\t(1a)\tThe Court does not have jurisdiction in respect of major indictable offences.\n\t(2)\tThe regulations may confer on the Court jurisdiction in respect of summary or minor indictable offences against a specified Act or statutory provision.\n\t(3)\tIf jurisdiction is conferred on the Court under this or any other Act in respect of a summary or minor indictable offence, any proceedings for the offence must be commenced in the Court.\n\t(3a)\tThe Court will deal with a charge of a summary offence or a minor indictable offence in the same way as the Magistrates Court deals with such a charge (and in accordance with the procedures that would apply if the Magistrates Court were dealing with such a charge) and the Summary Procedure Act 1921 applies to the Court subject to any additions, exclusions or modifications prescribed by the regulations as if references to the Magistrates Court extended to the Court.\n\t(3b)\tFor the avoidance of doubt, if a person charged with a minor indictable offence elects, in accordance with the Summary Procedure Act 1921, for trial in a superior court, the Court must commit the defendant for trial by jury in the District Court.\n\t(4)\tWhere proceedings for a minor indictable offence are brought in the Court—\n\t(a)\tthe Court cannot impose a fine that exceeds the maximum fixed by the relevant Act or $300 000 (whichever is the lesser); and\n\t(b)\tthe Court cannot impose a sentence of imprisonment that exceeds the maximum fixed by the relevant Act or two years (whichever is the lesser).\n\t(5)\tIf the Court is of the opinion in any particular case that a sentence should be imposed that exceeds the limits prescribed by subsection (4), the Court may remand the defendant to appear for sentence before the District Court.\nPart 3—Composition of the Court\nDivision 1—Members of the Court\n8—Judges of the Court\n\t(1)\tThere will be a Senior Judge of the Court.\n\t(2)\tThe Senior Judge must be a Judge of the District Court appointed by the Governor after consultation with the Chief Judge.\n\t(3)\tThe Senior Judge is responsible for the administration of the Court.\n\t(4)\tThe Senior Judge is not precluded, by that office, from performing judicial functions outside the Court.\n\t(5)\tThe Senior Judge ceases to hold office as such on ceasing to hold office as a Judge of the District Court.\n\t(6)\tAny other Judge holding office under the District Court Act 1991 who is designated by the Governor, by instrument in writing, as a Judge of the Environment, Resources and Development Court will (while he or she continues to hold office as a judge of the District Court) be a Judge of the Court.\n\t(7)\tIf the Senior Judge is absent or unable to act, another Judge of the Court nominated by the Governor will act in the office of Senior Judge.\n\t(8)\tThe Senior Judge may delegate any power or function under this Act to another Judge of the Court.\n\t(9)\tA delegation under subsection (8) is revocable at will and does not derogate from the power of the Senior Judge to act himself or herself in any matter.\n9—Magistrates\n\t(1)\tAny magistrate holding office under the Magistrates Act 1983 who is designated by the Governor, by instrument in writing, as a member of the Environment, Resources and Development Court will (while he or she continues to hold office as a magistrate) be a member of the Court.\n\t(2)\tA magistrate appointed under subsection (1) may also, if the Governor so determines, be appointed as an Associate Judge of the Court.\n\t(3)\tA magistrate is, in relation to the performance of duties as a member of the Court, administratively responsible to the Senior Judge of the Court.\n10—Commissioners\n\t(1)\tThe Governor may appoint any suitable person to be a commissioner of the Court.\n\t(2)\tA commissioner (other than a native title commissioner) must be a person with practical knowledge of, and experience in—\n\t(a)\tlocal government; or\n\t(b)\turban or regional planning; or\n\t(c)\tarchitecture, civil engineering, building, building safety or building regulation; or\n\t(d)\tadministration, commerce or industry; or\n\t(e)\tenvironmental protection or conservation; or\n\t(f)\tagricultural development; or\n\t(g)\tland care or management, housing or welfare services; or\n\t(h)\theritage; or\n\t(i)\tresource exploration, recovery or production; or\n\t(j)\tany other field which is relevant to a jurisdiction conferred on the Court by a relevant Act.\n\t(2a)\tA commissioner appointed as a native title commissioner must be a person with expertise in Aboriginal law, traditions and customs.\n\t(2b)\tBefore the Governor appoints a commissioner as a native title commissioner, the Minister must consult about the proposed appointment with the Commonwealth Minister designated by regulation.\n\t(3)\tThe Governor may, when appointing a commissioner or by subsequent notice in writing to the commissioner, specifically designate the commissioner as being a person who has expertise in a particular field.\n\t(4)\tThe Schedule has effect in respect of commissioners.\n11—Associate Judges\nAny Associate Judge holding office under the District Court Act 1991 who is designated by the Governor, by instrument in writing, as an officer of the Environment, Resources and Development Court will be an Associate Judge of the Court.\n11A—Judicial Registrars\n\t(1)\tAny Judicial Registrar holding office under the District Court Act 1991 who is designated by the Governor, by instrument in writing, as an officer of the Environment, Resources and Development Court will (while they continue to hold office as a Judicial Registrar) be a Judicial Registrar of the Court.\n\t(2)\tSubject to the regulations, Judicial Registrars may exercise such jurisdiction of the Court as assigned by the Chief Judge or the rules.\n12—Saving provision\nNo act or proceeding of the Court is invalid by reason of a vacancy in the office, or a defect in the appointment, of a member of the Court.\n13—Disclosure of interest by members of the Court\nIf the Court is constituted of, or includes, a member who has a pecuniary or other interest that could conflict with the proper performance of the member's official functions in proceedings before the Court, the member—\n\t(a)\tmust disclose the interest to the parties to the proceedings; and\n\t(b)\tmust not take part in the proceedings or exercise powers affecting the proceedings—\n\t(i)\tif the Senior Judge of the Court directs the member to withdraw from the proceedings; or\n\t(ii)\tif a party to the proceedings does not consent to the member hearing and determining, or participating in the hearing and determination of, the proceedings.\nDivision 2—Courts administrative and ancillary staff\n14—Court's administrative and ancillary staff\n\t(1)\tThe Court's administrative and ancillary staff consists of—\n\t(a)\ta Registrar (who is the Court's principal administrative officer); and\n\t(b)\ta Deputy Registrar; and\n\t(c)\tany other persons appointed to the staff of the Court.\n\t(2)\tThe Court's administrative and ancillary staff will be appointed under the Courts Administration Act 1993.\n\t(4)\tA member of the Court's administrative or ancillary staff is responsible to the Senior Judge (through any properly constituted administrative superior) for the proper and efficient discharge of his or her duties under this Act.\nPart 4—Constitution of the Court\n15—Constitution of Court\n\t(1)\tSubject to this section, the Senior Judge of the Court may determine, in relation to a particular matter or matters, or particular classes of matters, that the Court will be constituted of—\n\t(a)\t—\n\t(i)\ta Judge, a magistrate and not less than one commissioner; or\n\t(ii)\ta Judge and not less than two commissioners,\n(referred to as a full bench); or\n\t(b)\ta Judge, magistrate, commissioner or Judicial Registrar sitting alone; or\n\t(c)\ttwo or more commissioners.\n\t(1a)\tWhen sitting to exercise its native title jurisdiction the Court must consist of, or include, a legal practitioner of at least 5 years' standing.\n\t(1b)\tIf the Court, when sitting to exercise its native title jurisdiction is to consist of, or include, a commissioner or two or more commissioners, the commissioner or at least one-half the number of the commissioners must be native title commissioners.\n\t(2)\tThe Court will only be constituted of a full bench if—\n\t(a)\tthe parties appearing at a conference request that the Court be constituted of a full bench; or\n\t(b)\tthe Senior Judge of the Court is of the opinion that the questions to be determined by the Court are of such importance that they should be determined by a full bench of the Court.\n\t(2a)\tThe appointment of a person as a commissioner on the basis of expertise in a particular field or fields relevant to the exercise of jurisdiction under a particular Act does not prevent the commissioner being a member of a full bench hearing a matter or matters under another Act.\n\t(3)\tWhere the Court is, at the commencement of a hearing, constituted of a full bench and a member of the full bench dies or is for any reason unable to continue with the hearing—\n\t(a)\tif the member is the Judge—another Judge may be appointed by the Senior Judge of the Court to the full bench so that the bench may continue and complete the hearing and determination of the proceedings; or\n\t(b)\tin any other case—the remaining members of the full bench may, if the Judge so determines after consultation with the Senior Judge of the Court, continue and complete the hearing and determination of the proceedings,\nbut otherwise the proceedings will be reheard.\n\t(4)\tWhere the Court is, at the commencement of a hearing, constituted of two or more commissioners and a commissioner dies or is for any other reason unable to continue with the hearing, the remaining commissioner or commissioners may, if the Senior Judge of the Court so determines, continue and complete the hearing and determination of the proceedings, but otherwise the proceedings will be reheard.\n\t(5)\tWhere proceedings are reheard, the members of the Court rehearing the proceedings may, for the purposes of those proceedings, have regard to any record of the proceedings made for the purposes of the earlier proceedings (including a record of any evidence taken in those proceedings).\n\t(6)\tThe Court may be constituted of an Associate Judge for any purpose prescribed by a relevant Act or the rules of the Court.\n\t(7)\tThe Court may be constituted of a Judicial Registrar or a registrar—\n\t(a)\tfor the purpose of adjourning proceedings; or\n\t(b)\tfor any other purpose prescribed by the rules of the Court.\n\t(8)\tThe Court, when constituted of a magistrate, commissioner, Associate Judge, Judicial Registrar or registrar, may refer a question of law for the decision of a Judge and, in that event, the Judge will decide that question and may, in addition—\n\t(a)\tdecide any other questions remaining between the parties; and\n\t(b)\tmake such orders as are necessary to dispose of the matter.\n\t(9)\tA decision or order of a Judge pursuant to subsection (8) is a decision or order of the Court.\n\t(10)\tThe following provisions apply in relation to the decision-making of the Court where the Court is constituted of two or more members:\n\t(a)\twhere the Court is constituted as a full bench—\n\t(i)\tquestions of law or procedure will be determined by the Judge;\n\t(ii)\tother questions will be decided by majority decision of the persons constituting the Court unless there is an equal division of opinion, in which case, the decision of the Judge will be the decision of the Court;\n\t(b)\twhere the Court is constituted by two or more commissioners sitting without a Judge, questions will be decided by majority decision of the commissioners constituting the Court unless there is an equal division of opinion, in which case, the matter will be determined by a Judge, or by an umpire appointed by a Judge for the purpose of resolving the matter.\n\t(11)\tThe Court may, at any one time, be separately constituted in accordance with this section for the hearing and determination of any number of separate matters.\n\t(12)\tThe Court may, if it considers it appropriate to do so, organise its business and regulate proceedings before the Court in such a way that two or more proceedings in respect of the same matter are heard together.\n\t(13)\tWhere other provisions of this Act or the provisions of a relevant Act deal with the manner in which the Court is to be constituted for the purposes of proceedings or any other business under a relevant Act, this section applies subject to those provisions.\n\t(14)\tWhere the Court has jurisdiction to try a charge for any offence, the Court will be constituted of—\n\t(a)\tin the case of a minor indictable offence—a Judge; or\n\t(b)\tin the case of a summary offence—a Judge or a magistrate.\n\t(15)\tIf, during the course of a civil or criminal trial, the presiding Judge or magistrate dies or is incapacitated—\n\t(a)\tif reasons for judgment in final form were prepared by the presiding Judge or magistrate—another Judge or magistrate appointed by the Senior Judge of the Court may publish the reasons and grant judgment in accordance with them; or\n\t(b)\tin any other case—another Judge or magistrate appointed by the Senior Judge of the Court may complete the hearing and determination of the proceeding and—\n\t(i)\trehear evidence and submissions to the extent that the Judge or magistrate thinks fit; and\n\t(ii)\tmake orders as appropriate.\n16—Conferences\n\t(1)\tA relevant Act, or the rules, may provide that proceedings of a specified class must at first instance be referred to a conference under this section.\n\t(2)\tThe purpose of a conference is to enable the member of the Court presiding at the conference (appointed by the Senior Judge of the Court or selected in accordance with the rules) to assist the parties to explore any possible resolution of the matters in dispute without resorting to a formal hearing.\n\t(3)\tThe Court may dispense with a conference if it is of the opinion that—\n\t(a)\tno useful purpose would be served by a conference between the parties prior to a hearing of the matter; or\n\t(b)\tthere is some other reason that justifies dispensing with the conference.\n\t(4)\tA conference may, at the discretion of the member of the Court presiding at the conference, be adjourned or reconvened from time to time.\n\t(5)\tUnless otherwise determined by the member of the Court presiding at the conference, a conference will be held in private.\n\t(6)\tAny settlement to which counsel or any other representative appearing on behalf of the party to the proceedings agrees at the conference is binding on the party.\n\t(7)\tThe member of the Court presiding at a conference may—\n\t(a)\tif that member is a magistrate, Judicial Registrar or commissioner—refer any question of law to a Judge of the Court for determination;\n\t(b)\trequire a party to the proceedings to furnish particulars of his or her case;\n\t(c)\tdetermine who, apart from the parties to the proceedings (and their representatives), may be present at the conference;\n\t(d)\tsubject to subsection (9), record any settlement reached at a conference and make any determination or order (including an order under, or for the purposes of, a relevant Act) necessary to give effect to a settlement;\n\t(e)\ton his or her own initiative, close the conference at any time if, in his or her opinion, settlement cannot be reached;\n\t(f)\tadvise the Court if the conference does not reach a settlement within a reasonable time;\n\t(g)\tpermit a party to withdraw from the proceedings (and make any consequential order that is appropriate in the circumstances);\n\t(h)\tgive summary judgment (with costs) against any party who obstructs or delays the conference, fails to attend the conference or fails to comply with a regulation, or a rule or order of the Court;\n\t(i)\tdo such other things as the rules of the Court may provide.\n\t(8)\tEvidence of anything said or done in the course of a conference under this section is inadmissible in proceedings before the Court except by consent of all parties to the proceedings.\n\t(9)\tThe member of the Court presiding at a conference—\n\t(a)\tmust not accept a settlement that appears to be inconsistent with a relevant Act (but he or she may adjourn the proceedings to enable the parties to explore the possibility of varying the settlement to comply with a relevant Act); and\n\t(b)\tmay decline to accept a settlement on the basis that the settlement may materially prejudice any person who was not represented at the conference but who has a direct or material interest in the matter.\n\t(10)\tIf the member of the Court presiding at a conference is unable to continue with the conference, another member of the Court may be appointed to continue and complete the conference.\n\t(11)\tUnless all parties to the proceedings agree to his or her continued participation, the member of the Court who presided at the conference is disqualified from sitting as a member of the Court for the purpose of hearing and determining the matter.\nPart 5—Parties and sittings\n17—Parties\n\t(1)\tThe Court may, by order, join a person as a party to any proceedings (other than criminal proceedings).\n\t(2)\tA commissioner may not make an order under subsection (1) except—\n\t(a)\ton the application of, or with the consent of, the party to be joined; or\n\t(b)\twith the concurrence of a Judge.\n\t(3)\tAn order under subsection (1) may be made on an application without notice to any person.\n\t(4)\tSubject to rules of the Court, the Court may, if of the opinion that it is appropriate to do so, on its own initiative or on the application of a party to the relevant proceedings—\n\t(a)\tdismiss or determine any proceedings that appear—\n\t(i)\tto be frivolous or vexatious; or\n\t(ii)\tto have been instituted or prosecuted for the purpose of delay or obstruction, or for some other improper purpose;\n\t(b)\tafter hearing the applicant in the proceedings, find in favour of the respondent without hearing the respondent;\n\t(c)\tgive summary judgement against a party—\n\t(i)\twho obstructs or unnecessarily delays the proceedings; or\n\t(ii)\twho appears to be continuing to participate in the proceedings for the purpose of delay or obstruction, or for some other improper purpose; or\n\t(iii)\twho fails to attend any proceedings or fails to comply with a regulation, or a rule or order of the Court.\n\t(4a)\tIf the Court takes action under subsection (4), then the Court should also make an order for costs against the party against whom the action is directed unless the Court is of the opinion that there is some good reason for not making an order in the circumstances of the particular case.\n\t(4b)\tThe Court may, in making an order under subsection (4a), determine that the costs will be determined or settled—\n\t(a)\tas between party and party in accordance with the scale prescribed for the purpose; or\n\t(b)\tas between solicitor and client.\n\t(5)\tA Minister may, if of the opinion that proceedings before the Court involve a question of public importance, intervene in those proceedings.\n\t(6)\tA party to proceedings before the Court under this Act is entitled to appear personally or by counsel or other representative.\n18—Time and place of sittings\n\t(1)\tThe Court may sit at any time (including a Sunday).\n\t(2)\tThe Court may sit at any place (either within or outside the State).\n\t(3)\tThe Court will sit at such times and places as the Senior Judge of the Court may direct.\n\t(4)\tRegistries of the Court will be at the places determined by the Governor.\n19—Adjournment from time to time and place to place\nThe Court may—\n\t(a)\tadjourn proceedings from time to time and from place to place;\n\t(b)\tadjourn proceedings to a time, or a time and place, to be fixed; or\n\t(c)\torder the transfer of proceedings from place to place.\n20—Hearing in public\n\t(1)\tSubject to this Act or any relevant Act, proceedings before the Court must be heard in public.\n\t(2)\tThe Court may, where it is satisfied that it is desirable to do so—\n\t(a)\tin the interests of justice; or\n\t(b)\tby reason of the confidential nature of the evidence to be given before the Court; or\n\t(c)\tin order to expedite proceedings of the Court; or\n\t(d)\tfor any other reason that the Court thinks sufficient,\ngive directions—\n\t(e)\trequiring that a hearing, or part of a hearing, be held in private; or\n\t(f)\tprohibiting or restricting the publication of evidence given before the Court or of the contents of any document produced to the Court; or\n\t(g)\texcluding any person from the hearing before the Court of any part of the proceedings.\n\t(3)\tA person must comply with a direction of the Court under subsection (2).\nPenalty: Division 6 fine.\n20A—Transfer of cases between the Court and the Supreme Court\n\t(1)\tThe Environment, Resources and Development Court may, on application by a party, or on its own initiative, refer proceedings to which this section applies to the Supreme Court for hearing and determination.\n\t(2)\tThe Supreme Court may, on the application by a party or on its own initiative, remove proceedings to which this section applies from the Environment, Resources and Development Court into the Supreme Court for hearing and determination.\n\t(3)\tIn deciding whether proceedings to which this section applies should be heard by the Supreme Court or the ERD Court, the following matters must be taken into account:\n\t(a)\tthe importance of the questions involved in the proceedings; and\n\t(b)\tthe complexity of the legal and factual questions involved in the proceedings.\n\t(4)\tThis section applies to—\n\t(a)\tproceedings involving a native title question1; or\n\t(b)\tproceedings involving a question about mining, or exploration for minerals or petroleum; or\n\t(c)\tproceedings related to compulsory acquisition of land; or\n\t(d)\tproceedings of a class prescribed by regulation.\nNote—\n1\tSee Part 3 of the Native Title (South Australia) Act 1994.\nPart 6—Exercise of jurisdiction\nDivision 1—Principles governing hearings\n21—Principles governing hearings\n\t(1)\tOn the hearing of proceedings (other than criminal or contempt proceedings) under any relevant Act (but subject to the provisions of any such Act)—\n\t(a)\tthe procedure of the Court will, subject to this Act, be conducted with the minimum of formality; and\n\t(b)\tthe Court is not bound by the rules of evidence and may inform itself as it thinks fit; and\n\t(c)\tthe Court must act according to equity, good conscience and the substantial merits of the case and without regard to legal technicalities and forms.\n\t(2)\tOn 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.\n\t(3)\tThe Court may—\n\t(a)\texamine anything submitted under subsection (2) and draw any conclusions of fact it considers proper;\n\t(b)\tdirect the person or body to furnish a report on any aspect of the subject matter of the appeal.\n\t(4)\tThe 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).\n\t(5)\tWithout limiting a preceding subsection, the Court—\n\t(a)\tmay require evidence or argument to be presented in writing and decide on the matters on which it will hear oral evidence or argument; and\n\t(b)\tmay 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.\nDivision 2—Evidentiary powers\n22—Power to require attendance of witnesses and production of evidentiary material\n\t(1)\tThe Court may, on the application of a party to proceedings or on its own initiative, issue a summons requiring a person to appear before the Court at a specified time and place to give evidence or to produce evidentiary material (or both).\n\t(2)\tA summons to produce evidentiary material may, instead of providing for production of the material before the Court, provide for production of the material to an officer of the Court, or to any other person nominated in the summons.\n\t(3)\tIf—\n\t(a)\ta person fails to comply with a summons under subsection (1); or\n\t(b)\tthere are grounds for believing that, if such a summons were issued, a person would not comply with it,\nthe Court may issue a warrant to have the person arrested and brought before the Court.\n\t(4)\tThe power conferred by subsection (3)(b) may only be exercised by a Judge or magistrate of the Court.\n\t(5)\tA person who is arrested under subsection (3) is eligible for release on bail under the Bail Act 1985.\n23—Power of Court to compel the giving of evidence\n\t(1)\tA person who is called to give evidence or to produce evidentiary material before a Court and—\n\t(a)\trefuses or fails to make an oath or affirmation when required to do so by the Court;\n\t(b)\trefuses or fails to give evidence on a subject on which that person is compellable to give evidence;\n\t(c)\trefuses or fails without reasonable excuse to produce evidentiary material that that person is required by the Court to produce,\ncommits a contempt of the Court.\n\t(2)\tThis section applies whether the person was summoned before the Court, brought before the Court on a warrant, or came to the Court of his or her own volition.\n24—Entry and inspection of property\n\t(1)\tA member of the Court may enter any land or building and carry out any inspection that the Court considers relevant to a proceeding before the Court.\n\t(2)\tA member of the Court may authorise an officer of the Court to enter any land or building and carry out any inspection that the member considers relevant to a proceeding before the Court.\n\t(3)\tA person who obstructs a member of the Court, or a person authorised by the Court, in the exercise of a power of entry or inspection under this section commits a contempt of the Court.\n25—Production of persons held in custody\nIf the Court requires the attendance before it of any person who is held in custody in the State, the Court may—\n\t(a)\tissue a summons or a notice requiring the custodian to produce that person before the Court at a nominated time and place; or\n\t(b)\tissue a warrant authorising the sheriff, or a member of the police force, to take the person from the custodian and bring him or her before the Court.\n26—Issue of evidentiary summonses\nA summons or a notice under this Division may be issued on behalf of the Court by—\n\t(a)\tany member of the Court; or\n\t(b)\tan Associate Judge, Judicial Registrar or registrar; or\n\t(c)\tany other officer authorised by the rules to issue such summonses.\n27—Expert reports\n\t(1)\tThe Court may refer any question of a technical nature arising in any proceedings for investigation and report by an expert in the relevant field.\n\t(2)\tA person to whom a question is referred under this section becomes for the purposes of the investigation an officer of the Court and may exercise such of the powers of the Court as the Court delegates.\n\t(3)\tThe Court may adopt a report obtained under this section in whole or part.\n\t(4)\tThe costs of the expert's investigation and report will be borne, in the first instance, equally by the parties or in such other proportions as the Court may direct (including that no costs will be borne by any party), but the Court may subsequently order that a party be reimbursed wholly or in part by another party for costs incurred under this subsection.\nDivision 3—Supplementary powers\n28—Declaratory judgments\nThe Court may, on matters within its jurisdiction, make binding declarations of right whether or not any consequential relief is or could be claimed.\n28A—Restraining orders\n\t(1)\tThe Court may make an order (a restraining order) preventing or restricting dealing with property of a respondent or defendant in proceedings before the Court if—\n\t(a)\tthe proceedings appear to have been brought on reasonable grounds; and\n\t(b)\tthe property may be required to satisfy an order that has been, or may be, made in the proceedings; and\n\t(c)\tthere is a substantial risk that the respondent or defendant will dispose of the property before the order is made, or before it can be enforced.\n\t(2)\tA restraining order must be served as directed by the Court.\n\t(3)\tA person who deals with property subject to a restraining order except as permitted by the order commits a contempt of Court.\n\t(4)\tThe Court may vary or revoke a restraining order at any time.\n\t(5)\tIf it appears to the Court that grounds for making a restraining order exist but the Court requires further evidence to identify property in relation to which the order could be effectively made, the Court may summons the respondent or defendant, or issue a warrant to have the respondent or defendant arrested and brought before the Court, for examination on that subject.\n28B—Mediation and conciliation\n\t(1)\tIf it appears to the Court at the commencement or during the course of proceedings, or to the member of the Court presiding at a conference under section 16, that there would be a reasonable likelihood of settling matters in dispute between the parties by doing so, the Court or member may, with the consent of the parties, appoint a mediator to endeavour to achieve a negotiated settlement of the matters.\n\t(2)\tThe Court may during the course of proceedings, if it appears that there would be a reasonable likelihood of settling matters in dispute between the parties, itself endeavour to achieve a negotiated settlement of the matters.\n\t(3)\tExcept with the consent of the parties, any processes of mediation on conciliation under this section will be conducted in private.\n\t(4)\tAny settlement to which counsel for or any other representative of a party agrees in processes under this section is binding on the party.\n\t(5)\tSubject to subsection (7), the Court may record any settlement reached under this section and make a determination or order (including an order under, or for the purposes of, a relevant Act) necessary to give effect to a settlement.\n\t(6)\tEvidence of anything said or done in the course of processes under this section is inadmissible in proceedings before the Court except by consent of all parties to the proceedings.\n\t(7)\tThe Court—\n\t(a)\tmust not accept a settlement that appears to be inconsistent with a relevant Act (but may adjourn the proceedings to enable the parties to explore the possibility of varying the settlement to comply with a relevant Act); and\n\t(b)\tmay decline to accept a settlement on the basis that the settlement may materially prejudice any person who was not a participant in the processes leading to the settlement but who has a direct or material interest in the matter.\n\t(8)\tWhere the Court appoints a mediator, or itself endeavours to achieve a settlement, under this section, the member or members comprising the Court are not disqualified from continuing to sit for the purpose of hearing and determining the proceedings.\n\t(9)\tA mediator appointed under this section has the same privileges and immunities as a member of the Court and such of the powers of the Court as the Court may delegate.\n28C—Alternative orders\nAlthough a particular form of order is sought by an applicant in proceedings before the Court, the Court may make any other form of order that it considers more appropriate to the circumstances of the case.\n28D—Sentencing conferences\n\t(1)\tBefore sentencing a defendant in criminal proceedings, the Court may, if the defendant expresses contrition for the offence and consents to the convening of a sentencing conference, convene a sentencing conference.\n\t(2)\tA sentencing conference is to comprise—\n\t(a)\tthe defendant; and\n\t(b)\tthe defendant's legal representative (if any); and\n\t(c)\tthe prosecutor; and\n\t(d)\tsuch representatives of persons affected by the commission of the offence as the Court thinks appropriate; and\n\t(e)\tsuch other persons as the Court thinks may contribute usefully to the sentencing process.\n\t(3)\tThe primary purpose of a sentencing conference is to negotiate action that the defendant is to take to make reparation for any injury, loss or damage resulting from the offence, or to otherwise show contrition for the offence.\n28E—Deferral of sentence following sentencing conference\n\t(1)\tThe Court may, on finding a person guilty of an offence (whether or not it proceeds to conviction), make an order adjourning proceedings to a specified date for the purpose of allowing the defendant to take action as agreed at a sentencing conference convened by the Court.\n\t(2)\tAs a general rule, proceedings should not be adjourned under this section (whether by a single adjournment or a series of adjournments) for more than 3 months from the date of the agreement reached at the sentencing conference.\n\t(3)\tThis section does not limit any power that the Court has, apart from this section, to adjourn proceedings or to grant bail in relation to any period of adjournment.\n29—Costs\n\t(2)\tIf a party to proceedings before the Court—\n\t(a)\tapplies for an adjournment of the hearing of the proceedings; or\n\t(b)\tby his or her conduct renders it appropriate or necessary for the Court to adjourn the hearing of the proceedings,\nthe Court may adjourn the proceedings on such terms as it considers just and may make an order for costs, in accordance with a scale prescribed for the purpose, against the party in favour of any other party to the proceedings.\n\t(3)\tIf proceedings are delayed through the neglect or incompetence of a representative, the Court may, at the conclusion of those proceedings—\n\t(a)\tdisallow the whole or part of the costs as between the representative and his or her client (and, where appropriate, order the representative to repay costs already paid);\n\t(b)\torder the representative to indemnify his or her client or any other party to the proceedings for costs resulting from the delay;\n\t(c)\torder the representative to pay to the Registrar for the credit of the Consolidated Account an amount fixed by the Court as compensation for time wasted.\n\t(4)\tThe Court may not make an order against a representative under subsection (3) unless the Court has informed the representative of the nature of the order proposed and allowed the representative a reasonable opportunity to make representations, and call evidence, in relation to the matter.\n\t(5)\tA commissioner may not make an order under subsection (3) except with the concurrence of a Judge.\n\t(6)\tIf a person who is summoned to appear as a witness in any proceedings fails, without reasonable excuse, to appear in obedience to the summons, the Court may order that person—\n\t(a)\tto indemnify the parties to the proceedings for costs resulting from failure to obey the summons;\n\t(b)\tto pay to the Registrar for the credit of the Consolidated Account an amount fixed by the Court as compensation for time wasted in consequence of the witness's failure to obey the summons.\n\t(6a)\tIf the Court considers that a party to proceedings before the Court has engaged in misconduct, it may make an order for costs against that party in favour of any other party to the proceedings.\n\t(6b)\tHowever, no order for costs is to be made under subsection (6a) unless the Court considers such an order to be necessary in the interests of justice.\n\t(7)\tThis section does not limit any other provision of this Act or a relevant Act which provides for the payment of costs in any matter.\nPart 7—Appeals and reservation of questions of law\n30—Right of appeal\n\t(1)\tSubject to this section and to any provision in a relevant Act as to appeals against a decision or order of the Court in the exercise of a jurisdiction conferred by that Act, an appeal lies—\n\t(a)\tin the case of an interlocutory order made by the Court—to the Supreme Court constituted of a single Judge;\n\t(b)\tin the case of a decision or order given or made by one or more commissioners (not being a decision or order of a full bench)—to the Supreme Court constituted of a single Judge;\n\t(c)\tin the case of a decision or order given or made by a magistrate—to the Supreme Court constituted of a single Judge;\n\t(d)\tin the case of a decision or order given or made by an Associate Judge, a Judicial Registrar or a registrar—to the Supreme Court constituted of a single Judge;\n\t(e)\tin any other case—to the Court of Appeal.\n\t(2)\tAn appeal lies as of right on a question of law and with permission on a question of fact (but this principle may be displaced or modified by the provisions of the relevant Act under which the jurisdiction is conferred).\n\t(3)\tA right of appeal conferred by this section extends to a representative or witness against whom an order for costs is made.\n\t(4)\tA party to any criminal proceedings before the Court may appeal against any judgment given in those proceedings in the same way, and to the same extent, as an appeal may be instituted against a judgment given in a criminal action under the Magistrates Court Act 1991.\n31—Reservation of questions of law\n\t(1)\tA Judge may reserve any question of law arising in any proceedings for determination by the Court of Appeal.\n\t(2)\tWhere a question of law is reserved, the Supreme Court may determine the question and give any consequential orders or directions appropriate to the circumstances of the case.\n32—Operation of decision or order may be suspended\n\t(1)\tWhere a decision or order has been given or made by the Court, and the Court, or the Supreme Court, is satisfied that an appeal under this Part has been instituted, it may suspend the operation of the decision or order until the determination of the appeal.\n\t(2)\tThe suspension of a decision or order under subsection (1) may be terminated at anytime by the court which imposed the suspension.\nPart 8—Miscellaneous\n33—General powers of the Court and the Supreme Court to cure irregularities\n\t(1)\tIf, in proceedings before the Court under this or any other Act, or on an appeal to the Supreme Court from a decision or order of the Court under this Act, it appears to the relevant Court that—\n\t(a)\tthere has been a failure to comply with a requirement of any Act or other law that affects the matter to which the application or appeal relates; and\n\t(b)\tit would not be unjust or inequitable to exercise the powers conferred by this subsection,\nthe relevant Court may excuse the failure by ordering that, subject to such conditions as may be stipulated by the relevant Court, the requirement be dispensed with to the necessary extent.\n\t(2)\tIf, in proceedings before the Court under this or any other Act, or on an appeal to the Supreme Court from a decision or order of the Court under this Act, it appears to the relevant Court that—\n\t(a)\tthe proceedings or appeal could be resolved in a manner that is fair to all parties if certain modifications to the proceedings or appeal were made; and\n\t(b)\tit would be conducive to the expeditious administration of justice if the powers conferred by this subsection were exercised,\nthe relevant Court may, by order, amend the application or appeal accordingly.\n34—Interim injunctions etc\nThe Court may, on such terms as appear just, grant an injunction or make any other order that may be necessary to preserve the subject matter of proceedings before the Court until questions arising in the proceedings have been finally determined.\n35—Interlocutory orders\nThe Court has power, in relation to matters in which it has jurisdiction, to make interlocutory orders.\n35A—Electronic hearings and proceedings without hearings\n\t(1)\tIf the Court thinks it appropriate, it may allow the parties and their representatives and any witnesses (or 1 or more of them) to participate in a hearing in any proceedings by means of telephone, video link, or any other system or method of communication.\n\t(2)\tIf the Court thinks it appropriate, it may conduct all or part of any proceedings entirely on the basis of documents without the parties or their representatives or any witnesses attending or participating in a hearing.\n\t(3)\tIf the Court acts under this section, the Court is to take steps to ensure that the public has access to, or is precluded from access to, matters disclosed in the proceedings to the same extent as if the proceedings had been heard before the Court with the attendance in person of all persons involved in the proceedings.\n36—Immunities\n\t(1)\tA Judge, magistrate, commissioner, Associate Judge or Judicial Registrar has the same privileges and immunities from liability as a Judge of the Supreme Court.\n\t(2)\tA non-judicial officer of the Court incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions.\n37—Contempt in face of Court\nA person who—\n\t(a)\tinterrupts the proceedings of the Court or misbehaves before the Court;\n\t(b)\tinsults a member or officer of the Court who is acting in the exercise of official functions;\n\t(c)\trefuses, in the face of the Court, to obey a lawful direction of the Court,\nis guilty of a contempt of the Court.\n38—Punishment of contempts\n\t(1)\tThe Court may punish a contempt as follows:\n\t(a)\tit may impose a fine; or\n\t(b)\tit may commit to prison for a specified term or until the contempt is purged.\n\t(2)\tThis section applies both to contempts committed in the face of the Court and contempts arising from non-compliance with an order, direction, summons or other process of the Court.\n\t(3)\tThe powers conferred by this section may only be exercised by a Judge or magistrate of the Court.\n38A—Costs where contempt proved\nWhere a person is found guilty of contempt arising from non-compliance with an order, direction, summons or other process of the Court, the Court may make such orders as to costs as it thinks fit.\n39—Power to require security for costs etc\n\t(1)\tThe Court may order a party to proceedings before the Court to give security for the payment of costs or to give an undertaking as to the payment of other monetary amounts that may be awarded against the party.\n\t(2)\tThe security referred to in subsection (1) will be of such amount, and given at such time and in such manner and form, as the Court directs.\n\t(3)\tThe Court may reduce or increase the amount of security ordered under subsection (1) to be given and may vary the time at which, or the manner or form in which, the security is to be given.\n\t(4)\tIf security, or further security, or an undertaking, is not given in accordance with an order under this section, the Court may order that the proceedings be dismissed, or that judgment (with costs) be given against the party.\n\t(5)\tThe provisions of this section relating to security, or the giving of an undertaking, do not affect the operation of any provision made by or under a relevant Act or by the rules for or in relation to the furnishing of security, or the giving of an undertaking.\n\t(6)\tA commissioner may not make an order under this section except with the concurrence of a Judge.\n\t(7)\tThis section does not apply to proceedings in respect of an offence.\n40—Interest payable on money order to be paid\n\t(1)\tIf an order is made by the Court for the payment of money, interest is payable at the prescribed rate from the date the order takes effect on so much of the money as is from time to time unpaid, unless the Court otherwise orders.\n\t(2)\tThis section does not apply in the case of money ordered to be paid as a penalty.\n40A—Custody of litigant's funds and securities\n\t(1)\tThe Registrar is responsible for the proper custody of money paid into the Court and securities delivered to the Court in connection with proceedings in the Court.\n\t(2)\tThe Treasurer guarantees the safe keeping of any such money or security from the time it comes into the Court's custody until it lawfully ceases to be in that custody.\n\t(3)\tAny liability arising under the guarantee will be satisfied from the General Revenue of the State (which is appropriated to the necessary extent).\n\t(4)\tMoney paid into the Court may be invested in a manner authorised by the rules and any interest or accretions arising from the investment will be dealt with as prescribed by the rules.\n\t(5)\tAny money in the Court's custody that has remained unclaimed for 6 years or more may be dealt with under the Unclaimed Moneys Act 1891.\n41—Miscellaneous provisions relating to legal process\n\t(1)\tAny process of the Court may be issued, served or executed on a Sunday as well as any other day.\n\t(2)\tThe validity of process is not affected by the fact that the person who issued it dies or ceases to hold office.\n42—Proof of decisions and orders of the Court\nAn apparently genuine document purporting to be a copy of a decision or order of the Court and to be certified as such by a registrar will be accepted in any legal proceedings, in the absence of proof to the contrary, as a true copy of a decision or order of the Court.\n43—Enforcement of judgments and orders\n\t(1)\tWhere a judgment or order is made by the Court, a registrar must, on application by a party to the proceedings in which the order was made, or a person claiming through or under such a party, issue a certified copy of the judgment or order.\n\t(2)\tWhere—\n\t(a)\ta certified copy of a judgment or order is lodged with the District Court; and\n\t(b)\tthe fee (if any) payable on lodgment is paid,\nthe Registrar of the District Court must register it and proceedings may then be taken on it, or any other action taken, as if it were a judgment or order of the District Court.\n44—Legal costs\n\t(1)\tThe rules may prescribe scales of costs for the purposes of this section.\n\t(2)\tSubject to any express provision in the rules or a relevant Act, a legal practitioner must not, without the agreement in writing of his or her client, charge or seek to recover in respect of any proceedings in respect of which such scales apply an amount by way of costs in excess of the amount that is, after deduction of the GST payable in respect of it, equivalent to the amount allowable under the scales.\n\t(3)\tIn this section—\nGST means the tax payable under the GST law;\nGST law means—\n\t(a)\tA New Tax System (Goods and Services Tax) Act 1999 (Commonwealth); and\n\t(b)\tthe related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things.\n45—Court fees\n\t(1)\tThe Governor may, by regulation, prescribe and provide for the payment of fees in relation to proceedings in the Court.\n\t(2)\tThe Court may remit or reduce a fee on account of the poverty of the party by whom the fee is payable or for any other proper reason.\n\t(3)\tIf a registrar lodges with the District Court a certificate of court fees payable under this Act, the Registrar of the District Court must register it and proceedings may then be taken on it, or any other action taken, as if it were a judgment or order of the District Court.\n\t(4)\tA registrar must not lodge a certificate with the District Court under subsection (3) unless—\n\t(a)\ta notice has been served by certified mail on the person by whom outstanding court fees are payable, demanding payment of the fees by a specified date (being not less than 14 days after the date of service); and\n\t(b)\tthe fees remain outstanding after the date specified in the notice under paragraph (a).\n46—Entitlement of witness to be assisted by an interpreter\n\t(1)\tWhere—\n\t(a)\tthe native language of a person who is to give oral evidence in any proceedings before the Court is not English; and\n\t(b)\tthe witness is not reasonably fluent in English,\nthe person is entitled to give that evidence through an interpreter.\n\t(2)\tA person may present written evidence to the Court in a language other than English if that written evidence has annexed to it—\n\t(a)\ta translation of the evidence into English; and\n\t(b)\tan affidavit by the translator to the effect that the translation accurately reproduces in English the contents of the original evidence.\n47—Accessibility of evidence\n\t(1)\tSubject to this section, the Court must, on application by any member of the public, allow the applicant to inspect or obtain a copy of—\n\t(aa)\tany process relating to proceedings and forming part of the Court's records;\n\t(a)\ta transcript of evidence taken by the Court in any proceedings;\n\t(b)\tany documentary material admitted into evidence in any proceedings;\n\t(c)\tany decision or order given or made by the Court;\n\t(d)\tany other material of a prescribed kind.\n\t(2)\tA member of the public may inspect or obtain a copy of the following material only with the permission of the Court:\n\t(a)\tmaterial that was not taken or received in open court;\n\t(b)\tmaterial that the Court has suppressed from publication;\n\t(c)\tmaterial placed before the Court during sentencing proceedings (including material provided under section 13 of the Sentencing Act 2017);\n\t(d)\ta photograph, slide, film, video tape, audio tape or other form of recording from which a visual image or sound can be produced;\n\t(e)\tmaterial of a class prescribed by the regulations.\n\t(3)\tThe Court may permit inspection or copying of material referred to in subsection (2) subject to any condition it considers appropriate, including a condition limiting the publication or use of the material.\n\t(4)\tA decision by the Court on an application under this section is administrative and is final and not subject to any form of review.\n\t(5)\tThe Court may charge a fee, fixed by regulation, for inspection or copying of material under this section.\n48—Rules\n\t(1)\tRules of court may be made under this Act to regulate the practice and procedure of the Court, to authorise the Associate Judges or Judicial Registrars to exercise any part of the jurisdiction of the Court and to provide for any other matter necessary or expedient for the effective and efficient operation of the Court.\n\t(2)\tThe power to make rules under this section includes the power to make rules in respect of any jurisdiction conferred on the Court by a relevant Act.\n\t(3)\tRules of the Court may be made by the Senior Judge and one other Judge.\n\t(4)\tThe rules take effect as from the date of publication in the Gazette or a later date specified in the rules.\n\t(5)\tThe rules must not be inconsistent with the regulations, or with any relevant Act.\n49—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or any other act conferring jurisdiction on the Court, or as are necessary or expedient for the purposes of this Act or any other Act conferring jurisdiction on the Court.\n\t(2)\tThe regulations may, for example, prescribe matters relevant to the practice and procedure of the Court.\n\t(3)\tA regulation may not be made for the purposes of section 7(2) in a form such that jurisdiction in respect of offences under more than one Act are conferred on the Court by the same regulation.\nSchedule—Commissioners\n1\t(1)\tA commissioner will be appointed either on a full-time or part-time basis.\n\t(2)\tSubject to this section, a commissioner holds office on terms and conditions determined by the Governor.\n\t(3)\tThe following provisions apply in respect of full-time or permanent part-time commissioner:\n\t(a)\tthe commissioner is not a Public Service employee, but will have rights to long service leave, recreation leave, sick leave and other forms of leave as if the commissioner were a Public Service employee; and\n\t(b)\tthe commissioner may retire at or after the age of 55 years and must retire on attaining the age of 70 years; and\n\t(c)\tthe commissioner may, after retiring, complete the hearing and determination of an appeal or matter part heard by the commissioner at the time of his or her retirement (and will, for that purpose, be taken to continue as a commissioner); and\n\t(d)\tthe commissioner is an employee within the meaning of the Superannuation Act 1974; and\n\t(e)\tthe commissioner is entitled to the remuneration determined by the Remuneration Tribunal.\n\t(4)\tA part-time commissioner (not being a permanent part-time commissioner) will be appointed for a term of office (not exceeding five years) determined by the Governor and will, at the expiration of a term of office, be eligible for reappointment.\n\t(5)\tThe office of a commissioner becomes vacant if the commissioner—\n\t(a)\tdies; or\n\t(b)\tbeing a full-time or permanent part-time commissioner—attains the age of 70 years or retires before attaining that age; or\n\t(c)\tbeing a part-time commissioner (other than a permanent part-time commissioner)—completes a term of office and is not reappointed; or\n\t(d)\tresigns by notice in writing addressed to the Minister; or\n\t(e)\tis removed from office by the Governor on the ground of—\n\t(i)\tphysical or mental incapacity to carry out official duties satisfactorily; or\n\t(ii)\tincompetence; or\n\t(iii)\tmisconduct.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1993\n63\n Environment, Resources and Development Court Act 1993\n27.5.1993\n6.12.1993 (Gazette 21.10.1993 p1774)\n1993\n76\n Environment Protection Act 1993\n27.10.1993\n1.5.1995 (Gazette 27.4.1995 p1563)\n1994\n93\n Environment, Resources and Development Court (Native Title) Amendment Act 1994\n15.12.1994\n17.6.1996 (Gazette 9.5.1996 p2440)\n1995\n84\n Statutes Amendment (Courts) Act 1995\n30.11.1995\n21.12.1995 (Gazette 21.12.1995 p1759)\n1995\n85\n Statutes Amendment (Courts Administration Staff) Act 1995\n30.11.1995\n14.12.1995 (Gazette 14.12.1995 p1641)\n1996\n67\n Statutes Amendment (Attorney-General's Portfolio) Act 1996\n15.8.1996\ns 20—17.10.1996 (Gazette 17.10.1996 p1361)\n1998\n59\n Statutes Amendment (Attorney-General's Portfolio) Act 1998\n3.9.1998\nPt 4 (s 8)—13.12.1998 (Gazette 3.12.1998 p1676)\n2000\n57\nStatutes Amendment and Repeal (Attorney-General's Portfolio) Act 2000\n20.7.2000\nPt 10 (s 24)—1.7.2000: s 2(2)\n2000\n88\n Development (System Improvement Program) Amendment Act 2000\n21.12.2000\nSch 1 (cl 2)—2.4.2001 (Gazette 29.3.2001 p1436)\n2004\n23\n Statutes Amendment (Courts) Act 2004\n8.7.2004\nPt 6 (ss 9—17)—1.9.2004 (Gazette 26.8.2004 p3402)\n2006\n11\nEnvironment, Resources and Development Court (Jurisdiction) Amendment Act 2006\n29.6.2006\n23.10.2006 (Gazette 12.10.2006 p3711)\n2006\n17\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 30 (ss 111 & 112)—4.9.2006 (Gazette 17.8.2006 p2831)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 57 (s 118)—1.2.2010 (Gazette 28.1.2010 p320)\n2012\n17\n Statutes Amendment (Attorney-General's Portfolio) Act 2012\n24.5.2012\nPt 7 (ss 17—19)—5.8.2012 (Gazette 2.8.2012 p3302)\n2016\n14\n Planning, Development and Infrastructure Act 2016\n21.4.2016\nSch 6 (cll 17 & 18)—1.7.2019 (Gazette 27.6.2019 p2320)\n2017\n53\n Statutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 11 (ss 19 & 20)—30.4.2018 (Gazette 6.2.2018 p612)\n2019\n21\n Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019\n19.9.2019\nPt 6 (s 12)—19.9.2019: s 2(1)\n2019\n45\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cll 44 & 45)—1.1.2021 (Gazette 10.12.2020 p5638)\n2023\n4\n Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023\n23.2.2023\nPt 8 (ss 13 to 20)—22.6.2023 (Gazette 15.6.2023 p1774)\n2024\n23\n Statutes Amendment (Attorney-General's Portfolio) Act 2024\n27.6.2024\nPt 4 (ss 20 to 26)—26.8.2024 (Gazette 22.8.2024 p2871)\n2025\n9\nStatutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2025 \n12.3.2025\nPt 6 (s 11)—26.5.2025 (Gazette 22.5.2025 p1243)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.9.2004\ns 3\n\n\ns 3(1)\n\n\nnative title commissioner\ninserted by 93/1994 s 3\n17.6.1996\nnative title jurisdiction\ninserted by 93/1994 s 3\n17.6.1996\nnative title question\ninserted by 93/1994 s 3\n17.6.1996\nregistrar\namended by 23/2004 s 9\n1.9.2004\n\namended by 4/2023 s 13(1)\n22.6.2023\ns 3(2)\namended by 4/2023 s 13(2)\n22.6.2023\nPt 2\n\n\ns 7\n\n\ns 7(1a)\ninserted by 11/2006 s 4(1)\n23.10.2006\ns 7(2)\namended by 11/2006 s 4(2)\n23.10.2006\ns 7(3)\nsubstituted by 11/2006 s 4(3)\n23.10.2006\ns 7(3a) and (3b)\ninserted by 11/2006 s 4(3)\n23.10.2006\ns 7(4)\namended by 11/2006 s 4(4), (5)\n23.10.2006\ns 7(5)\nsubstituted by 11/2006 s 4(6)\n23.10.2006\nPt 3\n\n\ns 8\n\n\ns 8(1)—(9)\namended by 23/2004 s 10\n1.9.2004\ns 9\n\n\ns 9(2)\namended by 23/2024 s 20\n26.8.2024\ns 9(3)\namended by 23/2004 s 11\n1.9.2004\ns 10\n\n\ns 10(2)\namended by 93/1994 s 4(a)\n17.6.1996\ns 10(2a) and (2b)\ninserted by 93/1994 s 4(b)\n17.6.1996\ns 10(3)\nsubstituted by 88/2000 Sch 1 cl 2(a)\n2.4.2001\ns 11\nheading amended by 23/2024 s 21(1)\n26.8.2024\n\namended by 23/2024 s 21(2), (3)\n26.8.2024\ns 11A\ninserted by 4/2023 s 14\n22.6.2023\ns 13\nsubstituted by 93/1994 s 5\n17.6.1996\n\namended by 23/2004 s 12\n1.9.2004\ns 14\n\n\ns 14(1)\namended by 23/2004 s 13(1)\n1.9.2004\ns 14(2)\namended by 85/1995 s 11(a)\n14.12.1995\ns 14(3)\ndeleted by 85/1995 s 11(b)\n14.12.1995\ns 14(4)\namended by 23/2004 s 13(2)\n1.9.2004\nPt 4\n\n\ns 15\n\n\ns 15(1)\namended by 23/2004 s 14\n1.9.2004\n\namended by 4/2023 s 15(1)\n22.6.2023\ns 15(1a) and (1b)\ninserted by 93/1994 s 6(a)\n17.6.1996\ns 15(2)\namended by 23/2004 s 14\n1.9.2004\ns 15(2a)\ninserted by 88/2000 Sch 1 cl 2(b)\n2.4.2001\ns 15(3) and (4)\namended by 23/2004 s 14\n1.9.2004\ns 15(6)\namended by 23/2024 s 22(1)\n26.8.2024\ns 15(7)\namended by 4/2023 s 15(2)\n22.6.2023\ns 15(8)\namended by 4/2023 s 15(3)\n22.6.2023\n\namended by 23/2024 s 22(2)\n26.8.2024\ns 15(10)\namended by 93/1994 s 6(b)\n17.6.1996\ns 15(14)\nsubstituted by 11/2006 s 5\n23.10.2006\ns 15(15)\ninserted by 9/2025 s 11\n26.5.2025\ns 16\n\n\ns 16(2)\namended by 23/2004 s 15\n1.9.2004\ns 16(7)\namended by 4/2023 s 16\n22.6.2023\nPt 5\n\n\ns 17\n\n\ns 17(3)\namended by 17/2006 s 111\n4.9.2006\ns 17(4)\namended by 88/2000 Sch 1 cl 2(c), (d)\n2.4.2001\ns 17(4a) and (4b)\ninserted by 88/2000 Sch 1 cl 2(e)\n2.4.2001\ns 18\n\n\ns 18(3)\namended by 23/2004 s 16\n1.9.2004\ns 18(4)\nsubstituted by 93/1994 s 7\n17.6.1996\ns 20A\ninserted by 93/1994 s 8\n17.6.1996\nPt 6\n\n\ns 21\n\n\ns 21(5)\ninserted by 14/2016 Sch 6 cl 17\n1.7.2019\ns 26\namended by 4/2023 s 17\n22.6.2023\n\namended by 23/2024 s 23\n26.8.2024\nss 28A—28C\ninserted by 76/1993 Sch 2 cl 3(a)\n1.5.1995\nss 28D and 28E\ninserted by 53/2017 s 19\n30.4.2018\ns 29\n\n\ns 29(1)\ndeleted by 88/2000 Sch 1 cl 2(f)\n2.4.2001\ns 29(2)\nsubstituted by 88/2000 Sch 1 cl 2(f)\n2.4.2001\ns 29(6a) and (6b)\ninserted by 17/2012 s 17\n5.8.2012\ns 29(7)\namended by 88/2000 Sch 1 cl 2(g)\n2.4.2001\nPt 7\n\n\ns 30\n\n\ns 30(1)\namended by 45/2019 Sch 1 cl 44\n1.1.2021\n\namended by 4/2023 s 18\n22.6.2023\n\namended by 23/2024 s 24\n26.8.2024\ns 30(2)\namended by 17/2006 s 112\n4.9.2006\ns 31\n\n\ns 31(1)\namended by 45/2019 Sch 1 cl 45\n1.1.2021\nPt 8\n\n\ns 35A\ninserted by 14/2016 Sch 6 cl 18\n1.7.2019\ns 36\n\n\ns 36(1)\namended by 21/2019 s 12\n19.9.2019\n\namended by 4/2023 s 19\n22.6.2023\n\namended by 23/2024 s 25\n26.8.2024\ns 38A\ninserted by 67/1996 s 20\n17.10.1996\ns 39\n\n\ns 39(1)\namended by 76/1993 Sch 2 cl 3(b)\n1.5.1995\ns 39(4)\namended by 76/1993 Sch 2 cl 3(c)\n1.5.1995\ns 39(5)\namended by 76/1993 Sch 2 cl 3(d)\n1.5.1995\ns 40A\ninserted by 17/2012 s 18\n5.8.2012\ns 41\n\n\ns 41(1)\namended by 84/1995 s 8\n21.12.1995\ns 44\n\n\ns 44(2)\namended by 57/2000 s 24(a)\n1.7.2000\ns 44(3)\ninserted by 57/2000 s 24(b)\n1.7.2000\ns 45\n\n\ns 45(3) and (4)\ninserted by 59/1998 s 8\n13.12.1998\ns 47\n\n\ns 47(1)\namended by 84/1995 s 9(a)\n21.12.1995\ns 47(2)\nsubstituted by 84/1995 s 9(b)\n21.12.1995\n\namended by 53/2017 s 20\n30.4.2018\ns 47 (3)\nsubstituted by 84/1995 s 9(b)\n21.12.1995\ns 47(4) and (5)\ninserted by 84/1995 s 9(b)\n21.12.1995\ns 48\n\n\ns 48(1)\namended by 4/2023 s 20\n22.6.2023\n\namended by 23/2024 s 26\n26.8.2024\ns 48(3)\namended by 23/2004 s 17\n1.9.2004\nSch\n\n\ncl 1\n\n\ncl 1(3)\namended by 84/2009 s 118\n1.2.2010\n\namended by 17/2012 s 19(1)\n5.8.2012\ncl 1(5)\namended by 17/2012 s 19(2)\n5.8.2012\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Courts Administration Staff) Act 1995\n20—Transitional provision\n\t(1)\tAn appointment to a non-judicial office or position made or purportedly made before the commencement of this Act in accordance with an Act that is amended by this Act will be taken to have been duly made under the statutory provisions that, as amended by this Act, provide for the making of such an appointment as if this Act had been enacted and in force at the relevant time.\nHistorical versions\nReprint No 1—1.5.1995\n\nReprint No 2—21.12.1995\n\nReprint No 3—17.6.1996\n\nReprint No 4—17.10.1996\n\nReprint No 5—13.12.1998\n\nReprint No 6—20.7.2000\n\nReprint No 7—2.4.2001\n\n1.9.2004\n\n4.9.2006\n\n23.10.2006\n\n1.2.2010\n\n5.8.2012\n\n30.4.2018\n\n1.7.2019\n\n19.9.2019\n\n1.1.2021\n\n22.6.2023\n\n26.8.2024\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be performed — no legislative text was provided. The page returned only a website error message and navigation links from the South Australian legislation website."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Cannot assess actual complexity without access to the Act's provisions","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Environment, Resources and Development Court Act 1993* (South Australia) returned a **Page Not Found** error from the South Australian legislation website. This appears to be caused by a broken or outdated hyperlink following a website update on 24 March 2026.\n\n**What we do know about this Act generally:**\nThe *Environment, Resources and Development Court Act 1993* (SA) established a specialist court in South Australia — the Environment, Resources and Development Court (ERD Court) — to hear disputes involving planning, environment, mining, native vegetation, and related matters. It affects:\n- **Property developers and landowners** seeking planning approvals or appealing council decisions\n- **Businesses** in mining, resources, and primary industries\n- **Environmental groups and individuals** challenging development decisions\n- **State and local government agencies** involved in land use and environmental regulation\n\n**To access the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Act title, or email OPCWeb@sa.gov.au to report the broken link."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1993 Act established a court focused on environment, planning and development matters. However, the scope has expanded significantly through amendments: (1) Native title jurisdiction was added in 1994, requiring special commissioner appointments and Commonwealth consultation; (2) Criminal jurisdiction for environmental offences was expanded in 2006 to include minor indictable offences; (3) Sentencing conferences and restorative justice procedures were added in 2017; (4) Electronic hearings and modern procedural mechanisms were added in 2016 and 2023; (5) The Court's relationship with the Supreme Court has been repeatedly modified. The legislation has evolved from a purely civil planning tribunal into a hybrid civil-criminal court with specialist Indigenous land rights jurisdiction and sophisticated case management powers."},"complexity_factors":["Multiple overlapping membership categories (Judges, magistrates, commissioners, Associate Judges, Judicial Registrars) with different powers and limitations","Complex constitution rules in section 15 with 15 subsections governing how the Court must be constituted for different matter types, including special rules for native title jurisdiction","Conditional logic throughout: e.g., section 15(10) sets different voting rules for full benches vs commissioner-only panels","Cross-references to external Acts including District Court Act 1991, Magistrates Act 1983, Summary Procedure Act 1921, Native Title (South Australia) Act 1994, and Bail Act 1985","Nested exceptions: commissioners generally cannot make certain orders (costs against representatives, security for costs) except with Judge concurrence","Dual procedural tracks: different rules apply depending on whether proceedings are criminal, civil, or native title matters","Extensive amendment history (32 amending Acts since 1993) creating layered legislative text with transitional provisions"],"plain_english_summary":"**What this legislation does**\n\nThis Act creates a special court in South Australia called the **Environment, Resources and Development Court** (often called the \"ERD Court\"). It's a dedicated tribunal that handles disputes and legal matters about planning, development, environmental protection, heritage, mining, and native title.\n\n**Who it affects**\n\n- **Property developers, councils, and homeowners** – anyone involved in planning disputes or development applications\n- **Environmental groups and industry** – parties in pollution or resource extraction cases\n- **Traditional owners** – the Court has special \"native title commissioners\" to handle Indigenous land rights matters\n- **Government agencies** – various departments that enforce environmental and planning laws\n- **Legal practitioners** – lawyers appearing in these specialist proceedings\n\n**Key features**\n\n- **Flexible structure**: The Court can sit as a \"full bench\" (Judge + magistrate + expert commissioners), or with single judicial officers, depending on the case complexity\n- **Expert decision-makers**: Unlike regular courts, this Court includes **commissioners** who are technical experts in fields like planning, engineering, heritage, or Aboriginal law – not just lawyers\n- **Informal procedures**: For civil matters, the Court isn't bound by strict rules of evidence and should operate with \"minimum formality\"\n- **Range of powers**: It can issue injunctions, make declarations, order mediation, hold sentencing conferences for environmental crimes, and even inspect properties\n- **Criminal jurisdiction**: It can hear summary offences and minor indictable offences (less serious crimes), but not major criminal matters\n\n**Why it matters**\n\nThis Court provides a one-stop shop for complex disputes that mix law with technical expertise. Rather than having planning, environment, and mining matters scattered across different courts, this specialist body combines legal and technical knowledge. The inclusion of Aboriginal law experts for native title matters is particularly significant for reconciliation and proper handling of Indigenous land rights."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Court’s scope has been changed multiple times since enactment by later amendments recorded in the legislative history. Notable scope changes in the source include: addition of native title jurisdiction and native title commissioners (Environment, Resources and Development Court (Native Title) Amendment Act 1994; see insertion of native title commissioner and native title jurisdiction in s3, commenced 17.6.1996); limits and procedure for summary and minor indictable offences and explicit exclusion of major indictable offences (inserted by Environment, Resources and Development Court (Jurisdiction) Amendment Act 2006, s7(1a) and related subsections, commenced 23.10.2006); insertion of electronic hearings and document-only proceedings (s35A, inserted via Planning, Development and Infrastructure Act 2016 Sch 6 cl 18, commenced 1.7.2019); creation of sentencing conferences and deferral powers (ss 28D–28E, inserted by Statutes Amendment (Sentencing) Act 2017, commenced 30.4.2018); and more recent additions such as Judicial Registrars (s11A inserted by 4/2023, commenced 22.6.2023) and other alterations to constitution and appointment provisions in 2023–2025 amendments (Legislative history entries for 2023, 2024 and 2025). These amendments changed the Court’s procedural toolkit, membership options and the classes of matters it can hear."},"complexity_factors":["Multiple jurisdictions combined in one Court (civil, limited criminal, native title) requiring cross-references to other Acts and regulations (s7; s20A).","Varied court composition rules with Judges, magistrates, commissioners, Associate Judges and Judicial Registrars and differing authorities depending on constitution (Part 3; s15).","Extensive judicial discretion over procedure, evidence and confidentiality (s21; s20(2); s47(2)–(4); s35A).","Separate appointment rules and expertise requirements for commissioners (including native title commissioners) and Governor/Senior Judge roles (s8; s10(1)–(3); Schedule).","Layered appeals and reservation mechanisms with different appellate routes depending on who made the decision (s30; s31).","Interacting cost and security regimes (expert report cost allocation s27; costs orders s29; security for costs s39; Court fees and remittance s45) that affect litigation incentives and access.","Procedural devices that alter ordinary rules of evidence and allow informal or document-based hearings, increasing variability in practice (s21(1)(b); s35A).","Powers to compel evidence, enter and inspect property, and punish contempt (ss 22–25, 37–38) creating significant enforcement reach and procedural consequences.","Delegated rulemaking and regulation powers that can materially change practice and jurisdiction (ss 48–49) and a legislative history with repeated substantive amendments (Legislative history)."],"plain_english_summary":"# What this Act does, who it affects, and how it works\n\n- Mechanically, the Act creates the Environment, Resources and Development Court (ERD Court) and sets out how it is composed, what cases it can hear, how hearings are run, and what powers judges, magistrates, commissioners and registrars have (short title and purpose: front matter; establishment: s4; jurisdiction: s7; composition: Part 3; constitution: s15).  The Act also delegates making of rules and regulations for Court practice (s48–49).\n\n- Who is affected: parties to environmental, planning, resource, development and related disputes in South Australia; persons and businesses whose property or activities are the subject of proceedings; public bodies and Ministers who may intervene (s17(5)); experts, witnesses and representatives who take part in proceedings; and persons who may be made parties by Court order (s17(1)).\n\n- What the Court can decide and order: the Court has both civil and limited criminal jurisdiction as granted by this Act or other Acts (s7(1)). It may hear summary and minor indictable offences where regulations confer that jurisdiction, but it cannot deal with major indictable offences (s7(1a)–(3a)). The Court may make declaratory judgments (s28), restraining orders affecting property (s28A), injunctions to preserve subject matter (s34), interlocutory and other procedural orders (ss 35, 35A), and orders about costs and security for costs (ss 29, 39). It can also make binding settlements recorded at conferences or mediation (ss 16(6), 28B(5)).\n\n- Who decides: the Governor appoints the Senior Judge (a District Court judge) and may designate other District Court judges, magistrates, commissioners, Associate Judges and Judicial Registrars to sit on the Court (ss 8, 9, 10, 11, 11A). The Senior Judge runs Court administration and may delegate powers (s8(3), (8)). The Court’s constitution for a matter is determined under s15 and by the Senior Judge (s15(1), (2)).\n\n- How hearings are run: the Court is intended to operate with minimal formality and is not bound by strict rules of evidence for non-criminal matters (s21(1)(a)–(b)). It may require written evidence, limit oral time, hold private conferences or mediation (s21(5); s16; ss 28B, 28C). The Court can conduct electronic hearings or decide proceedings on documents only (s35A).\n\n- Powers to obtain evidence and enforce orders: the Court can summon witnesses and documents (s22), issue warrants where non-compliance is suspected (s22(3)–(4)), compel evidence (s23), authorise entry and inspection of land or buildings (s24), and punish contempt including fines or imprisonment (ss 37–38). It can also order production of persons in custody (s25) and require security for costs (s39).\n\n- Costs and who pays: the Court may order costs against parties or representatives for delay, misconduct, or obstructive conduct (s29(2), (3), (6a)–(6b)). Costs for expert reports are initially shared equally or as directed by the Court, with later reallocation possible (s27(4)). Court fees may be prescribed and can be remitted for poverty or other proper reasons (s45(1)–(2)).\n\n- Public access and confidentiality: hearings are generally public (s20(1)), but the Court can order private hearings, restrict publication or exclude persons for reasons including confidentiality or to expedite matters (s20(2)). The public may inspect most Court records on application, but certain material (e.g. material not received in open court, suppressed material, sentencing material) requires Court permission and may be subject to conditions (s47(1)–(3)). Decisions about access are final (s47(4)).\n\n- Appeals and review: appeals against different types of ERD Court decisions go to either the Supreme Court (single Judge) or the Court of Appeal depending on the decision-maker (s30). Appeals on questions of law are as of right; appeals on facts require permission unless a relevant Act alters that (s30(2)). Questions of law may be reserved to the Court of Appeal (s31).\n\nOfficial stated purpose and how it maps to trade-offs and incentives\n\n- The Act’s expressed purpose is to establish the ERD Court and define its jurisdiction and powers (front matter). The mechanics give a specialist forum with flexible procedures (s21) and a mix of judicial and technical members (s15, s10). That structure concentrates judicial decision-making in a specialist setting while permitting technical input through appointed commissioners (s10). The trade-offs and incentive mechanisms you can read from the text are: \n  - Benefit concentration: parties with resource, planning or environmental disputes get access to specialist decision-makers (s15, s10). Appointing commissioners with field expertise embeds technical knowledge in decisions (s10(2)–(3)).\n  - Costs and compliance burdens: parties can be required to fund expert reports initially (s27(4)), pay Court fees (s45), give security for costs if ordered (s39), and face costs orders for obstructive conduct or misconduct (s29). These measures create financial incentives to settle, comply with process, or avoid unmeritorious litigation.\n  - Discretion and implementation risk: the Act gives the Court broad discretion to admit informal evidence (s21(1)(b)), order private hearings (s20(2)), conduct electronic or document-only proceedings (s35A), and refer or accept settlements (ss 16(6), 28B(5)). That discretion can expedite or tailor proceedings but places on parties the risk that the Court will exercise discretion in ways that affect preparation, costs and access.\n  - Effects on private enterprise and property transactions: the Court can make restraining orders that prevent dealing with property where enforcement of a future order is at risk (s28A). That is a direct legal mechanism that can impede or secure commercial transactions until litigation is resolved.\n  - Limits on criminal exposure: the Court’s criminal jurisdiction is limited to summary and minor indictable offences where conferred; it cannot try major indictable offences (s7(1a)–(3a)), and sentencing limits for minor indictable matters are capped unless remitted to the District Court (s7(4)–(5)). This shapes the kinds of criminal exposure parties face in this forum.\n\nImplementation and administrative points to note (text-based):\n- The Governor and Senior Judge have appointment and delegation roles that determine who can sit and what powers are exercised (ss 8, 9, 10, 11A, 15(1), 48(3)).\n- Rules and regulations can modify procedures and are made by the Senior Judge and another Judge or by the Governor (ss 48–49). That creates a rule-making layer that affects day-to-day practice.\n- The Court can transfer or have matters transferred to the Supreme Court for reasons of importance or complexity in specified classes of proceedings (s20A).\n\nBottom line: the Act sets up a specialist South Australian court for environmental, resource and development disputes, combining judicial authority with appointed technical members, broad investigatory and enforcement powers, flexible procedures (including modern options for electronic hearings), and defined cost and fee mechanisms that create both financial obligations and incentives for parties. Citations above refer to the relevant sections of the Act."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/environment-resources-and-development-court-act-1993","history":"/api/acts/environment-resources-and-development-court-act-1993/history","analysis":"/api/acts/environment-resources-and-development-court-act-1993/analysis","conflicts":"/api/acts/environment-resources-and-development-court-act-1993/conflicts","importantCases":"/api/acts/environment-resources-and-development-court-act-1993/important-cases","documents":"/api/acts/environment-resources-and-development-court-act-1993/documents"}}