Executive summary and legislative framework

The Local Land Services Regulation 2014 (LLS Regulation) is due for staged repeal on 1 September 2026. Remaking this regulation requires the preparation of a Regulatory Impact Statement (RIS).

The LLS Regulation is the regulation that supports the Local Land Services Act 2013 (LLS Act). The LLS Regulation enables Local Land Services (LLS) to deliver essential services across a number of strategic areas including biosecurity, emergency management, primary production, and natural resource management. 

The scheduled repeal of the LLS Regulation in September 2026 without a replacement regulation in place would create a significant regulatory vacuum, undermining the operational capacity of LLS and jeopardising the continuity of critical programs that support farmers, land managers and the wider community to protect the environment and safeguard agricultural productivity.

This RIS considers the potential impacts, costs and benefits of 3 options available to LLS:

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

Under Option 1, the LLS Regulation would lapse on 1 September 2026 creating a significant negative impact compared to remaking without changes (Option 2). This would impact a wide range of businesses, communities, government agencies and the environment where certain activities are currently enabled or regulated by the LLS Regulation, and would limit the extent to which the LLS Act can operate as intended.

Under Option 2, the LLS Regulation would be remade on 1 September 2026 with no changes, aside from changes required to ensure it can legally be made and to comply with current drafting conventions. The required changes would include amendments to ensure consistency with the regulation-making powers under the LLS Act, updating references to legislation where required, and other necessary changes to enable the Regulation to be re-made. Option 2 would deliver neutral costs and neutral benefits to industry, government and the community.

Under Option 3, the LLS Regulation would be remade with:

• required changes as per Option 2, and
• additional amendments proposed by LLS in relation to the oversight of 3 stock watering places in western NSW. Specifically, a new clause is proposed that formally designates Cobar Shire Council as the controlling authority for 3 specified stock watering places in the Central-West of the state.

The changes proposed under Option 3 aim to modernise and improve the clarity, consistency and ease of application of the Regulation while retaining the existing policy intent.

Option 3 is considered the preferred option as it will deliver a streamlined and modernised Regulation that achieves the purpose and objectives of the LLS Act, providing broad benefits to the community, businesses, government agencies and the environment, and delivering an overall improvement to current state, without significant change.

About this Regulatory Impact Statement

Under the Subordinate Legislation Act 1989, regulations are automatically repealed after 5 years unless a postponement has been granted. When the regulation is due for repeal, the responsible Minister must review the regulation and determine whether it is still needed or if any amendments to the regulation are required. The Minister must then decide whether to remake the regulation.

A regulation that is due for staged repeal may be:

• allowed to lapse
• maintained and the staged repeal process postponed for up to 12 months, or
• remade with or without amendments.

The LLS Regulation is due for staged repeal on 1 September 2026, and its remake requires the preparation of a RIS. The staged repeal of the LLS Regulation has been postponed on 7 previous occasions.

Any draft regulation is required to be published with a RIS and submissions invited from the public. 

Key terms

Legislative framework

LLS is a regionally based NSW Government agency delivering quality services to farmers, land managers, and the wider community. LLS was established in 2013 as a body corporate with 13 agencies, including 11 local boards, the Local Land Services Board (or state board) and the Local Land Services Staff Agency.

The principal legislation for LLS is the Local Land Services Act 2013 (LLS Act) and the Local Land Services Regulation 2014. The LLS Act formalised the establishment of LLS, and repealed the Rural Lands Protection Act 1998, the Rural Lands Protection Amendment Act 2008 and the Catchment Management Authorities Act 2003.

Local Land Services Act 2013

The LLS Act provides the overarching framework for LLS. Under the LLS Act, the delivery of ‘local land services’ means programs and advisory services associated with the following:

• agricultural production
• biosecurity, including animal pest and disease and plant pest and disease prevention, management, control and eradication
• emergency management
• preparedness, response and recovery for animal pest and disease and plant pest and disease emergencies and other emergencies impacting on primary production or animal health and safety
• animal welfare
• chemical residue prevention, management and control
• natural resource management and planning
• travelling stock reserves and stock watering places
• control and movement of stock
• related services and programs.

The functions of LLS are further set out in section 14 of the LLS Act.

Local Land Services Regulation 2014

The LLS Regulation supports the LLS Act and makes provision for:

• setting and collecting rates and contributions
• managing landholder returns and stock information
• regulating travelling stock reserves and stock movement
• supporting biosecurity and animal health programs
• managing native vegetation and land use
• governing LLS local board elections and appointments
• enforcing compliance and emergency management.