New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 43

43 Appeals requiring leave

(1) The Director of Public Prosecutions may appeal to the Land and Environment Court against--

(a) an order that has been made by a Magistrate in relation to a person in any committal proceedings with respect to an environmental offence, or

(b) an interlocutory order that has been made by the Local Court in relation to a person in summary proceedings with respect to an environmental offence,

being an offence for which proceedings have been prosecuted by or on behalf of a public authority (other than the Environment Protection Authority), but only on a ground that involves a question of law alone, and only by leave of the Land and Environment Court.

(1A) The Environment Protection Authority may appeal to the Land and Environment Court against--

(a) an order that has been made by a Magistrate in relation to a person in any committal proceedings with respect to an environmental offence, or

(b) an interlocutory order that has been made by the Local Court in relation to a person in summary proceedings with respect to an environmental offence,

being an offence for which proceedings have been prosecuted by or on behalf of the Environment Protection Authority, but only on a ground that involves a question of law alone, and only by leave of the Land and Environment Court.

(2) An application for leave to appeal must be made within 28 days after the relevant order is made.