Explanatory guide to the remake of Local Land Services Regulation
What is this about?
Landholders, stakeholders and the wider community are invited to have their say on the proposed remake of the Local Land Services Regulation 2014 (current Regulation).
The current Regulation is due to expire on 1 September 2026.
To make sure Local Land Services (LLS) can keep providing services and support under a clear and up-to date regulation, the NSW Government proposes to remake the current Regulation—with minor amendments—as the new Local Land Services Regulation 2026 (proposed Regulation).
The proposed Regulation and supporting Regulatory Impact Statement (RIS) have been released for public consultation which opens on Friday 27 March 2026 and closes at 11.59pm on Tuesday 28 April 2026.
Regulations in NSW automatically expire after 5 years under the Subordinate Legislation Act 1989.
Before a new Regulation can be made, public consultation on the proposed Regulation and RIS must take place.
The Regulation helps LLS deliver key services in NSW, including biosecurity, emergency management, primary production, and natural resource management.
If a new regulation is not made, the Local Land Services Act 2013 (LLS Act) will have no supporting regulations from 1 September 2026 which will impact LLS’s ability to provide services and support to customers, including farmers and other regional landholders.
Staged repeal is a process under the Subordinate Legislation Act 1989 where regulations automatically lapse after 5 years. The purpose of staged repeal is to ensure that regulations are regularly reviewed, updated, or repealed rather than staying in force indefinitely.
Regulations proposed to be remade through the staged repeal process require the release of a draft regulation and accompanying RIS, for a minimum 28-day public consultation.
The Regulatory Impact Statement (RIS) sets out the economic and social costs and benefits of the proposed Regulation. This ensures that the NSW Government and members of the community can be satisfied that the benefits of the proposed Regulation exceed the costs.
The RIS outlines the potential impacts, costs and benefits of three options:
- Option 1 – Let the current LLS Regulation lapse, with no replacement regulation.
- Option 2 – Remake the LLS Regulation with no material changes (except changes needed to make it legally valid and to meet current drafting standards).
- Option 3 – Remake the LLS Regulation with the minor proposed amendments.
The RIS says Option 3 is considered the preferred option because it will deliver a streamlined, modern regulation that supports the purpose and objectives of the LLS Act. It is expected to benefit the community, businesses, government agencies and the environment, without significant change.
What is changing?
Read the questions below for more information about the proposed Regulation and specific changes, including a table to compare the location of items in each Regulation.
The proposed Regulation remakes the current Regulation.
Most of the changes in the proposed Regulation are not material, but will improve the overall clarity, consistency and ease of application of the LLS Regulation. As a result, the proposed Regulation looks different.
Specific changes include:
- Formal designation of Cobar Shire Council as the controlling authority for specified stock watering places through an additional clause added in relation to Stock Watering Places (Part 8, clause 99 in the proposed Regulation).
- Modernising of penalty infringement notice amounts for penalty offences under the LLS Act and Regulation to comply with guidance from the Department of Communities and Justice and to provide LLS with a penalty notice framework that is contemporary and fit-for-purpose.
- Removal of clause 139 of the current Regulation to issue penalty notices relating to offences regarding native vegetation clearing to ensure consistency with the regulation-making powers under the LLS Act. Section 60N of the LLS Act prohibits the same conduct.
- Removal of the unused stock identification scheme.
- Removal of clause 40 of the current Regulation. LLS will instead seek to enter into direct agreements with relevant local government authorities to facilitate the collection of catchment contributions (if required).
Under the current regulation, LLS is the controlling authority for three Stock Watering Places:
- Stock Watering Place No.927, known as Elouera Tank
- Stock Watering Place No.27, known as Nymagee Tank
- Stock Watering Place No.19 Known as Nullamut Tank.
Cobar Shire Council currently leases these Stock Watering Places from LLS and pays an annual lease fee. The proposed change does not materially change Council’s obligations except:
- Transferring from LLS to the council the obligation to replace assets as a result of fair wear and tear, damage caused by natural disasters or structural damage of assets, and
- Removing the obligation to pay lease fees to LLS.
All penalty notice amounts have been reviewed and are proposed to change to align with Department of Communities and Justice guidance on penalty notice amounts. The changes ensure that offences with the same penalty unit amount have a consistent penalty notice amount.
For example, in the current Regulation penalty notice amounts for offences that incurred a maximum of 10 penalty units range in value from $150 to $500. These amounts have been standardised in the proposed Regulation, so that all 10 penalty unit offences have a penalty notice amount of $180. In practice, this means that some penalty notice amounts are proposed to increase.
Summary table of changes
| 2026 Regulation Part | Division | Clauses | Original clauses (2014 Regulation) |
|---|---|---|---|
| Part 1 Preliminary | - | 1 – 4 | Part 1 Preliminary 1, 2, 3(1), 3(2) |
| Part 2 Local Board Members | - | 5 – 8 | Part 11 Eligibility for election or appointment of members of local boards 90, 91-94, 95 |
| Part 3 Rates | Division 1 | 9 – 10 | Part 2 Rates 4, 3(3) |
| Division 2 | 11 – 15 | 5, 6, 6(8), 7(1), 7(2), 8, 25(1) | |
| Division 3 | 16 – 22 | 9, 10, 11(1)-(4), 12, 13, 14, 15, 21, 22(2), 23, 24, 26(1) | |
| Division 4 | 23 – 26 | 16, 17, 18, 19, 20, 22(1) | |
| Part 4 Catchment Contributions | Division 1 | 27 | Part 4 Catchment Contributions 31 |
| Division 2 | 28 – 34 | 32, 33(1)-(4), 35, 36, 37(1)-(4) and (6), 38(1)-(3), 37(5), 39(1)-(2) | |
| - | Not reproduced | 40 | |
| Division 3 | 35 – 41 | 38(4), 39(3), 41, 42, 43, 46, 47(1)-(3), 48, 49(1)-(2), 50 | |
| Part 5 Annual Returns | - | 42 – 45 | Part 3 Annual Returns 28, 29, 30 |
| Part 6 Native Vegetation | Division 1 | 46 | Part 14 Land Management (Native Vegetation) 106 |
| Division 2 | 47 – 58 | 107, 108, 109(1)-(2), 111-113, 114, 115, 116, 117, 118, 119, 120(1), 121, 122, 123 | |
| Division 3 | 59 – 64 | 124, 125, 126, 127, 128, 129, 130 | |
| Division 4 | 65 – 72 | 131, 132, 133, 134, 135, 136, 137, 138 | |
| - | Not reproduced. | Division 5 139 and 140 | |
| Part 7 Public roads and travelling stock reserves | Division 1 | 73 | Part 5 Travelling stock reserves and public roads 51, 71(6) |
| Division 2 | 74 – 82 | 51, 52(1)-(9), 53(2)-(3), 54, 55, 56, 57, 102 | |
| Division 3 | 83 – 90 | 53(1), 58, 59, 61, 62, 63, 64, 65, 66, 70, 75, 76 | |
| Division 4 | 91 – 94 | 71(1)-(5), (4A), (4B), 72, 73, 74 | |
| Division 5 | 95 – 98 | 67, 68, 69, 77 | |
| Part 8 Stock watering places | - | 99 – 102 | Part 6 Stock watering places 78, 79, 80 |
| Part 9 Transportation of stock | - | 103 – 105 | Part 8 Transportation of stock by vehicle 82, 83, 84 |
| - | - | Not reproduced. | Part 12 Stock identification 96, 97, 98 |
| Part 10 Miscellaneous | - | 106 – 111 | Part 13 Miscellaneous (other than native vegetation land management) 27, 81, 87, 88, 99, 104 |
| - | 112 | - | |
| Schedule 1 Local Board Elections | - | - | Schedule 1 Elections for members of local boards |
| Schedule 2 Category 2- regulated land | - | - | 113(1) |
| Schedule 3 Penalty notice offences | - | - | Schedule 2 Penalty notice offences Schedule 2 |
| Schedule 4 Dictionary | - | - | - |
The remake of the current Regulation will have no impact to services provided by LLS.
No. The proposed Regulation does not change rates.
The consultation process
Understand the public consultation process, how to give feedback, and what happens next.
Public consultation is open from Friday 27 March 2026 and will close at 11.59PM on Tuesday 28 April 2026.
There are two ways to submit comments or feedback:
Email: consultation@lls.nsw.gov.au
Postal submission:
Attention: LLS Policy
PO Box 63, Berry, NSW 2535.
Yes, unless it is clearly marked ‘confidential’.
All comments received from public consultation will be closely reviewed and considered. The Minister will decide if changes need to be made to the proposed Regulation based on the feedback, before it is finalised.
Requests for further time may be approved in limited circumstances only. Requests should be emailed to consultation@lls.nsw.gov.au.
For more information please contact:
Local Land Services Policy Team
Email: consultation@lls.nsw.gov.au
Phone: 1300 795 299
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