2.8 Land and Environment Court matters

Legal aid is available to defend prosecutions in the NSW Land and Environment Court under environmental protection legislation including under the Protection of the Environment Operations Act 1997 (NSW).

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and

either

• there is a real possibility of a term of imprisonment being imposed (see Crime guideline 2.7), or
• there are exceptional circumstances (see Crime guideline 2.3).

An example of exceptional circumstances may be that the applicant for legal aid is at special disadvantage (see Crime guideline 2.3.1).

Legal aid is available for appeals against an interlocutory judgment or order made by a Judge in the NSW Land and Environment Court.

Legal aid is available for an appeal against an interlocutory judgment or order made by a Judge in the NSW Land and Environment Court under s 5F of the Criminal Appeal Act 1912 (NSW).

To be eligible for legal aid the applicant must satisfy:

• the Means Test;
• the Merit Test;
• Legal Aid NSW is satisfied that it is an appropriate expenditure of limited legal aid funds (see Crime guideline 2.8); and
• there is a significant issue of public interest and the circumstances are sufficiently exceptional to justify a grant of aid.

Legal Aid NSW officers authorised under the Delegation Instrument clause 9 can determine applications for legal aid in these matters.