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Responding to the NSW Government if your land is under investigation

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In 2025, the New South Wales Department of Climate Change, Energy, the Environment and Water (NSW DCCEEW) recorded approximatley 1,000 regulatory and advisory outcomes concerning matters such as illigal land clearing, biodiversity impacts, kangaroo harvesting, and Aboriginal cultural heritage. Investigations are typically initiated via reports to EnviroLine or through the Early Change Monitoring Program, which uses satellite technology to detect changes in vegetation cover over time. Reported allegations are assessed by an internal triage team and escalated to formal investigations if they meet specific risk priority thresholds.

 

 

During an investigation, officers will examine reports, review existing approvals, and contact landholders or relevant parties by phone or in writing. Official correspondence is frequently be titled an "Invitation to Discuss" or an "Opportunity to Explain." You may also receive emails regarding a "Change in Vegetation Cover." While there is no legal obligation to respond to these initial enquiries, the DCCEEW will continue its investigation regardless of your participation. Should you receive such correspondence, NSW LMAS can provide expert advisory services to review your situation and develop a comprehensive strategy to address any allegations.

If you have received a letter alleging a contravention of the Local Land Services At, Biodiversity Conservation Act or the National Parks and Wildlife Act, we are able to help you in responding, guide you through the process and negotiate any outcomes with the regulator.

Background to DCCEEW investigations

Correspondence you may receive from DCCEEW

Offences we specialise in

Allegations may be stand alone, or be a combination of the below offences. NSW LMAS are specialised in responding to allegations such as:

NSW Protection of the Environment Operations Act (1997);
NSW Water Management Act (2000);
NSW Fisheries Management Act (1994);
NSW Crown Land Management Act (2016);
NSW Environmental Planning and Assessment Act (1979);
...or any other government investigation you are concerned about.

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NSW National Parks and Wildlife Act (1974)

Section 86 of the NPWA makes it an offence to harm or desecrate aboriginal cultural heritage;
Section 90J of the NPWA makes it an offence to fail to comply with conditions [of an aboriginal heritage impact permit].

NSW Biodiversity Conservation Act (2016)

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Section 2.1 of the BC Act makes it an offence to harm or attempts to harm an animal of a threatened species, protected species or threatened ecological community. 

Section 2.2 of the BC Act makes it an offence to pick a plant of a threatened species, protected species or a threatened ecological community. 

Section 2.4 of the BC Act makes it an offence to knowingly damage the habitat of a threatened species or ecological community

Section 2.5 of the BC Act makes it an offence to deal or attempts to deal in animals of a threatened species, protected species or threatened geological community. 

Division 2.1 of the BC Regulation makes it an offence to interfere with, approach, operate a vessel (approved or prohibited), operate an aircraft, swim with or feed marine mammals

Section 2.12(4) of the BC Act makes it an offence to contravene the conditions of a Biodiversity Conservation License. 

Section 12.22(1) of the BC Act makes it an offence to neglect or fail to comply with a Part 12 requirement.

Section 12.22(3) of the BC Act makes it an offence to provide or furnish false or misleading information in a material respect .

NSW Local Land Services Act (2013)

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Section 60N of the LLS Act makes it an offence to clear native vegetation from rural regulated land without approval.

Section 60X of the LLS Act makes it an offence to fail to notify the Local Land Services of clearing.

Section 60ZC of the LLS Act makes it an offence to clear native vegetation from a set aside area.

 Section 60ZZA of the LLS Act makes it an offence to contravene a requirement of a private native forestry plan or applicable private native forestry code. 

Arid Desert Landscape

Assess your property and works undertaken, and advise on lawful defences

Respond to the regulators correspondence

Devise a strategy in responding to the regulator 

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