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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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