42Appeals as of right

#### 42 Appeals as of right 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 or the Natural Resources Access Regulator). > > > (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. > > > (2AA) The Natural Resources Access Regulator may appeal to the Land and Environment Court against a sentence imposed on a person by the Local Court for an offence under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092) if the proceedings were prosecuted by or on behalf of the Natural Resources Access Regulator. > > > (2A) The prosecutor (other than the Director of Public Prosecutions, the Natural Resources Access Regulator 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, the Natural Resources Access Regulator 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](/view/html/inforce/current/act-1999-092)), and > > > > > (b) the defendant has failed, whether wholly or partly, to fulfil the undertaking. > > **s 42:** Am 2004 No 91, Sch 1.8; 2007 No 94, Sch 2; 2025 No 70, Sch 5.1\[2\]–\[4\].