South Australian Consolidated Acts

ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT ACT 1993 - SECT 20A

20A—Transfer of cases between the Court and the Supreme Court

        (1)         The 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.

        (2)         The 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.

        (3)         In 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:

            (a)         the importance of the questions involved in the proceedings; and

            (b)         the complexity of the legal and factual questions involved in the proceedings.

        (4)         This section applies to—

            (a)         proceedings involving a native title question ¹ ; or

            (b)         proceedings involving a question about mining, or exploration for minerals or petroleum; or

            (c)         proceedings related to compulsory acquisition of land; or

            (d)         proceedings of a class prescribed by regulation.

Note—

1         See Part 3 of the Native Title (South Australia) Act 1994 .