43Appeals requiring leave

#### 43 Appeals requiring leave 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 Judge of the Local Court 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 Natural Resources Access Regulator or 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 Judge of the Local Court 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. > > > (1B) The Natural Resources Access Regulator may, with the leave of the Land and Environment Court, appeal to that Court against— > > > > > (a) an order that has been made by a Magistrate in relation to a person in committal proceedings for a natural resources management offence, or > > > > > (b) an interlocutory order that has been made by the Local Court in relation to a person in summary proceedings for a natural resources management offence. > > > (1C) Subsection (1B) applies only if— > > > > > (a) the proceedings for the offence have been prosecuted by or on behalf of the Natural Resources Access Regulator, and > > > > > (b) the ground involves a question of law alone. > > > (2) An application for leave to appeal must be made within 28 days after the relevant order is made. > > > (3) In this section— > > > > natural resources management offence means an offence under the natural resources management legislation, within the meaning of the [Natural Resources Access Regulator Act 2017](/view/html/inforce/current/act-2017-064). > > **s 43:** Am 2003 No 40, Sch 1.9 \[2\] \[3\]; 2007 No 94, Sch 2; 2025 No 61, Sch 2.25\[1\]; 2025 No 70, Sch 5.1\[5\]–\[7\].