Land and Environment Court > Types of cases > Class 6 and 7: criminal appeals from the NSW Local Court

Criminal appeals process  

 

These pages describe the process for making appeals and applications for leave to appeal to the Land and Environment Court against decisions of the Local Court in proceedings for environmental offences. For example, in certain circumstances, appeals or applications for leave to appeal may be made with regard to a Local Court decision for:

  • conviction

  • sentence

  • dismissal of proceedings.

The Land and Environment Court is empowered by s 21A of the Land and Environment Court Act 1979 to hear and finalise appeals made under s 31 (for defendants) or s 42 (for prosecutors) of the Crimes (Appeal and Review) Act 2001. These matters are allocated to Class 6.

The Land and Environment Court is also empowered by s 21B of the Land and Environment Court Act 1979  to hear applications for leave to appeal made under s 32 (for defendants) or s 43 (for prosecutors) of the Crimes (Appeal and Review) Act 2001, and to hear and finalise the subsequent appeals. These matters are allocated to Class 7.

These pages outline:

  • appeals that can be made in this class

  • who has rights of appeal

  • when the appeal must be made

  • how to file an appeal

  • what to expect during the process of the appeal.


How to use these pages

Use the links in the boxes on the left side of your screen to follow the steps in the development appeals process. 

 

 

 

 


 
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