Assessment of options and RIS conclusion

LLS has identified the following options to be considered in this RIS:

• Option 1 – Allow the LLS Regulation to lapse, meaning current regulatory provisions would cease to exist and no new regulation would take its place.
• Option 2 – Remake the LLS Regulation without change (aside from changes required to ensure the regulation can legally be made and is consistent with current drafting conventions).
• Option 3 – Remake the LLS Regulation with proposed amendments.

The options have been assessed as follows:

Option 1 – Allow the LLS Regulation to lapse

Option 1 is not considered the preferred option as allowing the LLS Regulation to lapse would:

• severely limit LLS’s ability to operate effectively and delivering significant negative impacts to key stakeholders and the environment
• reduce funding, oversight and regulatory powers, leading to weaker service delivery, environmental and biosecurity risks, and poor governance
• deliver high costs, low benefits and result in the LLS Act being unable to function as intended.

Option 2 – Remake the LLS Regulation without changes

Option 2 is not considered the preferred option as it would deliver a LLS regulation that would:

• deliver overall neutral outcomes, i.e. no net change in costs or benefits
• allow the LLS Act to continue operating and improve the clarity, consistency and usability of the LLS Regulation
• miss a chance to reduce annual lease costs incurred by Cobar Shire Council and repair and replacement costs incurred by LLS in relation to the 3 SWPs.

Option 3 – Remake the LLS Regulation with proposed amendments

Option 3 is considered the preferred option. Proposed amendments to the LLS Regulation would:

• allow the LLS Act to continue operating, and improve the clarity, consistency and usability of the LLS Regulation
• reduce annual lease costs incurred by Cobar Shire Council in relation to the 3 SWPs, while transferring responsibility to the Council of replacing assets related to the SWPs when required
• provide broad benefits to the community, businesses, government agencies and the environment, delivering an overall improvement to current state.

Public consultation

In accordance with the requirements of the Subordinate Legislation Act 1989, the draft proposed Regulation and RIS will be notified in the NSW Government Gazette and at least one daily NSW-wide newspaper.

A copy of the proposed LLS Regulation is available online during the exhibition period, or can be requested contacting the Department.

Visit our Have Your Say page for details on how you can provide feedback.