{"id":"environment-resources-and-development-court-regulations-2020","name":"Environment, Resources and Development Court Regulations 2020","slug":"environment-resources-and-development-court-regulations-2020","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235430,"registerId":"sa-environment-resources-and-development-court-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environment, Resources and Development Court Regulations 2020","content":"South Australia\nEnvironment, Resources and Development Court Regulations 2020\nunder the Environment, Resources and Development Court Act 1993\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tCommonwealth Minister to be consulted about appointment of native title commissioners\n5\tInterest rate\n6\tFees payable for criminal proceedings\nSchedule 1—Revocation of Environment, Resources and Development Court Regulations 2005\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Environment, Resources and Development Court Regulations 2020.\n2—Commencement\nThese regulations come into operation on 1 August 2020.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Environment, Resources and Development Court Act 1993.\n4—Commonwealth Minister to be consulted about appointment of native title commissioners\nFor the purposes of section 10(2b) of the Act, the Minister for Indigenous Australians for the Commonwealth is designated as the Commonwealth Minister.\n5—Interest rate\nFor the purposes of section 40(1) of the Act, the prescribed rate of interest is 10% per annum.\n6—Fees payable for criminal proceedings\nThe fees that are payable for criminal proceedings before the Court will be the fees that are from time to time prescribed under the Magistrates Court Act 1991 for the purposes of proceedings in the Criminal Division of the Magistrates Court.\nSchedule 1—Revocation of Environment, Resources and Development Court Regulations 2005\nThe Environment, Resources and Development Court Regulations 2005 are revoked.\nLegislative history\nNotes\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 regulations\nYear\nNo\nReference\nCommencement\n2020\n211\nGazette 18.6.2020 p3411 \n1.8.2020: r 2\n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain their original narrow administrative purpose. They update procedural mechanics (interest rates, fee structures, consultation requirements) without expanding into new substantive areas of law."},"complexity_factors":["Only 6 substantive provisions plus a revocation schedule","Minimal defined terms (only 'Act' is defined)","No nested conditional logic or exceptions","Straightforward cross-references to external statutes (Environment, Resources and Development Court Act 1993 and Magistrates Court Act 1991)","Single-layer regulatory structure with no subordinate instruments referenced"],"plain_english_summary":"These regulations set the administrative rules for South Australia's Environment, Resources and Development Court — a specialist court that handles disputes about planning, environment, and natural resources.\n\n**What this does:**\n- **Names the Commonwealth Minister** who must be consulted when appointing commissioners to hear native title cases (the Minister for Indigenous Australians)\n- **Sets the interest rate** at 10% per year for money judgments or costs awarded by the court\n- **Fixes criminal court fees** by linking them to whatever fees apply in the Magistrates Court Criminal Division (so they stay consistent and up-to-date automatically)\n- **Revokes the old 2005 regulations** — this new version replaces them entirely\n\n**Who it affects:**\n- People or companies involved in court cases about development approvals, environmental damage, mining leases, or native title claims in South Australia\n- Lawyers and court staff who need to calculate interest on judgments or collect fees\n\n**Why it matters:**\nThese are the 'machinery' rules that keep the court running day-to-day. Without them, there would be no clear process for appointing specialist native title commissioners, no set rate for interest on court-ordered payments, and no fee structure for criminal cases. The regulations ensure the specialist court operates smoothly and consistently with other South Australian courts."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations replace the 2005 instrument and update operational settings: they formalise which Commonwealth Minister is to be consulted on native title commissioner appointments, set a prescribed 10% interest rate for section 40(1) purposes, and align criminal fees with those prescribed for the Magistrates Court. The changes narrow in scope to administrative and procedural settings rather than altering core court jurisdiction."},"complexity_factors":["Low number of clauses and straightforward operative changes (designation, interest rate, fee linkage, revocation)","Cross‑reference to Magistrates Court Act 1991 for fee amounts creates dependency on external fee schedules","Fixed numeric interest rate (10% p.a.) — simple to apply but may create mismatch with market rates over time","Designation of the Commonwealth Minister interacts with appointment process in the principal Act (requires consultative step)","Revocation of the 2005 Regulations requires administrative transition and checking for gaps or overlaps"],"plain_english_summary":"These regulations make a small set of administrative changes to how the Environment, Resources and Development Court operates. They name the Commonwealth Minister to be consulted about native title commissioner appointments, fix the prescribed interest rate at 10% per annum for specified orders, and link criminal‑proceeding fees to the Magistrates Court schedule. Litigants pay the fees and interest; the State prescribes the rate and fee linkage, and the Commonwealth Minister is the consulted official."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. No comparison between original intent and final form is possible from the information provided."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title of the instrument, not its content","Complexity of the actual regulations cannot be assessed without the text","The score of 1 reflects the absence of content to analyse, not necessarily the simplicity of the underlying law"],"plain_english_summary":"The Environment, Resources and Development Court Regulations 2020 are South Australian subordinate legislation governing practice and procedure in the specialist court that hears planning, environmental and resource disputes. The full text did not load, so detailed provisions can’t be verified; in practice such regulations typically set administrative rules—fees, filings and timeframes—that affect individuals, businesses and authorities involved in SA planning, environmental or mining cases."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/environment-resources-and-development-court-regulations-2020","history":"/api/acts/environment-resources-and-development-court-regulations-2020/history","analysis":"/api/acts/environment-resources-and-development-court-regulations-2020/analysis","conflicts":"/api/acts/environment-resources-and-development-court-regulations-2020/conflicts","importantCases":"/api/acts/environment-resources-and-development-court-regulations-2020/important-cases","documents":"/api/acts/environment-resources-and-development-court-regulations-2020/documents"}}