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CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 32
Appeals requiring leave
32 Appeals requiring leave
(1) Any person who has been convicted by the Local Court, in the person's
absence or following the person's plea of guilty, with respect to an
environmental offence may appeal to the Land and Environment Court against the
conviction, but only on a ground that involves a question of law alone, and
only by leave of the Land and Environment Court.
(2) Any person against
whom-- (a) an order has been made by a Magistrate in relation to the person in
any committal proceedings with respect to an environmental offence, or
(b) an
interlocutory order has been made by the Local Court in relation to the person
in summary proceedings with respect to an environmental offence,
may appeal to
the Land and Environment Court against the order, but only on a ground that
involves a question of law alone, and only by leave of the Land and
Environment Court.
(3) An application for leave to appeal under subsection
(1) may not be made in relation to a conviction in respect of which the
defendant-- (a) is entitled to make an application under section 4 but has not
done so, or
(b) has made an application under section 4 but the application
has not been disposed of under Part 2.
(4) An application for leave to appeal
must be made-- (a) in the case of a conviction referred to in subsection (1)--
(i) within 28 days after sentence is imposed, or
(ii) if an application for
annulment of the conviction has been made under Part 2 within that 28-day
period, within 28 days after the Part 2 application is disposed of under that
Part,
but may not be made before sentence is imposed, or
(b) in the case of
an order referred to in subsection (2), within 28 days after the relevant
order is made.
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