Mining Act 1992

An appeal against an exclusion order made by the Local Court may be made to the Land and Environment Court under Part 4 of the Crimes (Appeal and Review) Act 2001 as if that order were a sentence arising from a court attendance notice dealt with under Part 2 of Chapter 4 of the Criminal Procedure Act 1986.

The Crimes (Appeal and Review) Act 2001 applies to an appeal arising under subsection (1) with such modifications as are made by or in accordance with the regulations under that Act.

For the purposes of the Criminal Appeal Act 1912, an exclusion order made by a court other than the Local Court is taken to be a sentence within the meaning of that Act.

If an appeal (or an application for leave to appeal) is made against the conviction from which an exclusion order arises, the operation of the exclusion order is suspended until the appeal or application is finally determined.

Unless the appeal court orders otherwise, the exclusion order is annulled if the conviction is quashed.

The appeal court may, by order, annul or vary the exclusion order even if the conviction is not quashed.

In this section, appeal court means the court to which an appeal (or an application for leave to appeal) is made as referred to in subsection (3).