Navigating NSW Government interviews and inspections on your property
Site Inspections
Authorised Officers possess legislative power to enter your premises at reasonable times if they reasonably suspect an offence has been committed. Depending on the specific nature of the allegations, internal managerial approval may not be required by the legislation for their attendance. If you require clarity regarding the specific authorisations these officials must possess before entering your land, please get in touch.
During a site inspection, these officers may exercise various powers, such as seizing samples or equipment, recording photographs and video, deploying drones, or conducting environmental surveys. They may also legally require you to produce specific documentation or records. We recognise that these encounters can be invasive and stressful; NSW LMAS is here to provide professional guidance and help you navigate these regulatory actions with confidence.
Interviews
Authorised officers are investigating officials empowered under various legislative Acts who may request to conduct a formal record of interview with you. Generally, these fall into two categories. The first involves an interview where you are issued a 'caution' pursuant to section 139 of the NSW Evidence Act 1995. This caution advises that 'you are not obliged to say or do anything, but anything you do say or do may be recorded and used as evidence', and it may be the case that when you hear this, you might not consider this an 'interview'. You have no legal obligation to answer questions under these circumstances, and we recommend seeking legal counsel if cautioned.
Alternatively, for matters involving land clearing, or biodiversity offences, you may be subject to a 'compelled' interview. Under section 12.19(4) of the Biodiversity Conservation Act (2016), the NSW DCCEEW has the authority to require individuals to attend and answer questions. If you are lawfully served with such a notice, attendance is a legal requirement. Failure to comply with that notice constitutes an offence. NSW LMAS are specialists in this framework. We can provide expert guidance on the nature of compelled interviews, clarify the extent of an officer's powers, and ensure you fully understand your rights and obligations throughout the regulatory process.
Disclosure
NSW Land Management Advisory Services (NSW LMAS) provides technical consulting, land management, environmental, and regulatory advisory services. Our advice is not legal advice and should not be relied upon as a substitute for advice from a qualified Australian legal practitioner. Where appropriate and at your instruction, NSW LMAS can work alongside legal practitioners to provide technical advice as well as ecologists, bush regeneration specialists, and other suitably qualified experts to assist in addressing specific project or regulatory requirements.