New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 42

42 Appeals as of right

(1) The Director of Public Prosecutions may appeal to the Land and Environment Court against a sentence imposed on a person by the Local Court in relation to an environmental offence for which proceedings have been prosecuted by or on behalf of a public authority (other than the Environment Protection Authority).

(2) The Environment Protection Authority may appeal to the Land and Environment Court against a sentence imposed on a person by the Local Court in relation to an environmental offence for which proceedings have been prosecuted by or on behalf of the Environment Protection Authority.

(2A) The prosecutor (other than the Director of Public Prosecutions or the Environment Protection Authority) may appeal to the Land and Environment Court against a sentence imposed by the Local Court in any summary proceedings in relation to an environmental offence, but only on a ground that involves a question of law alone.

(2B) The prosecutor (including the Director of Public Prosecutions or the Environment Protection Authority) may appeal to the Land and Environment Court against--

(a) an order made by the Local Court that stays any summary proceedings for the prosecution of an environmental offence, or

(b) an order made by the Local Court dismissing a matter the subject of any summary proceedings with respect to an environmental offence, or

(c) an order for costs made by the Local Court against the prosecutor in any summary proceedings with respect to an environmental offence,

but only on a ground that involves a question of law alone.

(3) An appeal must be made within 28 days after the relevant sentence is imposed.

(4) Despite subsection (3), an appeal may be lodged more than 28 days after the relevant sentence is imposed if--

(a) the sentence has been reduced on the defendant's undertaking to assist law enforcement authorities (as referred to in section 23 of the Crimes (Sentencing Procedure) Act 1999 ), and

(b) the defendant has failed, whether wholly or partly, to fulfil the undertaking.