Section 63 of the Land and Environment Court Act 1979 (NSW) does not by necessary implication prohibit the court from granting leave for an unqualified person to represent a defendant in Class 5 criminal proceedings; the court retains its inherent power to control its own proceedings. A belief that one has been authorised to clear native vegetation, whether based on documents received from a government officer or on that officer's authority to consent, is a mistake of law and not a mistake of fact for the purposes of the defence of honest and reasonable mistake. Where a defendant in criminal proceedings is effectively unrepresented due to the incompetence of a lay representative, the trial judge is obliged to ensure the defendant is informed of the right to adduce evidence and make submissions in mitigation of sentence, and failure to do so may constitute a miscarriage of justice.
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