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Frequently asked questions
NSW LMAS Questions
NSW LMAS are able to complete site-specific due diligence to review available information on the native vegetation rules, biodiversity values assessment, cultural heritage search, bushfire hazard reduction and advise on lawful clearing pathways or application options.
There are no guarantees that a plans for a property will match that land zoning, environmental or cultural restriction etc., but it is better to know that early in the stage, rather than after settlement, or if you receive a letter of allegation from the NSW Govt.
We are skilled in advising on the Exempt and Complying Development Code (2008) and can assist in advising on certain activities which do not require a DA.
Despite there being pathways to conduct certain development without an approval, there may still be restrictions on works. For example, a small agricultural shed can be erected without any approvals on a rural property, but must be located certain distances away from waterways, ridge lines, and be a specific tone and style. NSW LMAS are able to advise on Exempt and Complying Development which does not require a DA to speed up your land development plans.
It depends on the purpose of their proposed visit. However, in the context of investigating an alleged offence, there are powers which they may rely upon to lawfully enter your property. It might be the case that they require delegate (i.e. managerial) approval to do this.
If you are uncertain of your rights or obligations, please reach out to NSW LMAS and we can make the necessary enquires to advise you.
You may have been served/issued a statutory instruments by a regulator and wondering what you have to do. Types of Notices you may have been issued include (but are not limited to):
Notice to Provide Information and Records; or
Notice to Nominate Corporate Representative; or
Notice to Attend and Answer Questions;
We can help you with responding to a Notice, and understanding your rights and obligations. You can see some further information on Statutory Notices here.
You might live in a town/city in NSW where there is a tree preservation order preventing you removing a tree.
There is a NSW Environmental Planning Instrument which may be exercised to manage a tree if there is a tree which is:
Dead
Dangerous
Posing a risk to life and/or property
It is important to note that even a single tree on a lot may be part of a wider 'ecological community' or provide habitat to threatened species, this might mean that a second layer of approvals are required to remove it. NSW LMAS can navigate this complicated system for you to see what options apply in your circumstance.
The answer to this depends on what land zoning your property is, and what the historic management of that property has been.
In the instance where the property has protected ground cover (i.e. it might be habitat to threatened ground species such as Orchids or other plants), or is a native pasture, it may be an offence to clear, over sow or remove that ground cover.
However, there are exemptions and rules which apply, especially if the ground cover is compromised, non-native or on the historical management of that property. Contact NSW LMAS to understand the legislative framework which applies to your property and to assess the historic land use if required.
First, has the Order been issued in 'draft' or, has it been issued in full and final version?
Either way, there are options, which NSW LMAS are able to manage for you. We can prepare representations for the Department to consider or advise on the appeal process. If you have ongoing monitoring requirements, we are able to complete this for you to make it as hassle free as possible.
You may be considering entering into an Enforceable Undertaking or the regulator may have provided you with their Enforceable Undertaking Guidelines to consider making a proposal to resolve a compliance matter or investigation. See additional information on Enforceable Undertakings here.
NSW LMAS can assist with discussing options on possible actions to propose and what may be accepted by the regulator. We can prepare a draft proposal for you to submit to the regulator, consider any amendments to finalise your compliance matter or investigation.
Costs incurred depend on the services rendered. We pride our price point on being less than a law firm, while being affordable to our valued Clients. We offer exceptional value having worked for the NSW Govt for many years, knowing the scale and magnitude of offences investigated and how the regulator applies their policies to various allegations.
We are flexible with billing, there is no minimum spend. If you simply want a response to formal correspondence, we can bill this at our hourly rate. If you need the assistance of NSW LMAS for a more complex negotiation and response to notices, we can either bill at our hourly rate, or discuss a fixed cost agreement. Just discuss your needs and preferences with us.
Contact us for a no obligation quote through our contact form.
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