An appeal from a decision or order of the Environment, Resources and Development Court lies to a single judge of the Supreme Court in the following cases [Environment, Resources and Development Court Act 1993 (SA) s 30]:

In all other cases the appeal is to the Court of Appeal [s 30(1)(e)].

Appeals can be made on questions of law without needing the Court's permission, however permission is required to appeal on questions of fact [s 30(2)].

Because any dissatisfied party can appeal against an ERD Court decision, it often arises that a party that is successful in the ERD Court has to defend its win in the Supreme Court or Court of Appeal. This can have important consequences for third party appellants, who are typically local residents who have appealed against a development in their neighbourhood. The main consequence is that the Supreme Court and the Court of Appeal are not "user-friendly" jurisdictions that encourage parties to represent themselves. It is also riskier in relation to awards of legal costs against unsuccessful parties. This is discussed in the following topic Costs.

Commercial competitive interest

A person who commences or becomes a party in civil or judicial review proceedings under the Planning, Development and Infrastructure Act 2016 (SA) and has a commercial competitive interest in the proceedings or receives, in connection with those proceedings, direct or indirect financial assistance from a person who has a commercial competitive interest in the proceedings must disclose that interest [Planning, Development and Infrastructure Act 2016 (SA) s 208]. A person who fails to make that disclosure commits an offence, with a maximum penalty of $20,000 [s 208(4)].

The disclosure must be in an approved form and made to the Registrar and to the other parties [Planning, Development and Infrastructure (General) Regulations 2017 reg 125].

There is a right of action in certain circumstances to recover loss (including economic loss) where the sole or predominant purpose of pursuing proceedings was to delay or prevent the development in order to obtain commercial benefit [Planning, Development and Infrastructure Act 2016 (SA) s 209].