(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.
