Option 2: Remake the LLS Regulation without changes
Under Option 2 the LLS Regulation would be remade without changes, aside from changes required to ensure the LLS Regulation can legally be made and to comply with current legislative drafting conventions.
The amendments 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 LLS Regulation to be re-made.
Changes to comply with current legislative drafting conventions include revised definitions, structural movements and simplification, clause consolidation and wording and clarity improvements. These changes aim to modernise and improve the clarity, consistency and ease of application of the LLS Regulation while retaining the existing policy intent.
Option 2 includes no additional amendments, besides those described above.
Key changes required under Option 2
The changes described below are the key changes under Option 2 that have been assessed as having a material impact. The impact, costs and benefits of these changes are assessed in the tables below.
- Part 12 (Stock Identification) of the LLS Regulation has not been reproduced. This is assessed as having an immaterial impact, as LLS has not established a stock identification scheme under Part 12 of the LLS Regulation.
- Clause 139 - Removal of clause 139 of the LLS Regulation to issue penalty notices relating to offences regarding native vegetation clearing to ensure consistency with the regulation-making powers under the LLS Act.
- Clause 40 of the LLS Regulation has not been reproduced, and LLS will seek to enter into direct agreements with relevant local government authorities to facilitate the collection of catchment contributions. This is assessed as having a minimal impact.
- Revision of penalty notice amounts for offences under the LLS Act and LLS Regulation, captured under Schedule 3 of the proposed Regulation. Amounts have been updated to ensure consistency 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.
Other changes under Option 2
The table below shows a summary of required changes under Option 2 and Option 3 by each part of the proposed Regulation with reference to clauses in the LLS Regulation, purpose and high-level impact assessment.
Changes assessed as having a material impact are assessed further in this chapter.
| 2026 Division | 2026 Clauses | LLS Reg 2014 clauses | Summary of changes | Purpose | High level impact assessment |
|---|---|---|---|---|---|
| Part 1 Preliminary | |||||
- | 1 – 4 | 1, 2, 3(1), 3(2) | Updated to 2025, revised heading - Definitions (formerly ‘Interpretations’), minor text edits. | Updated as part of the regulation remake with improved clarity throughout. | Immaterial |
| Part 2 Local Board Members | |||||
- | 5 – 8 | 90, 91-94, 95, | Structural simplification and minor wording adjustments, with no change to overall policy intent. | Improved clarity and readability. | Immaterial |
| Part 3 Rates | |||||
Div 1 | 9 – 10 | 4, 3(3) | Clauses simplified, including the removal of a reference to ‘regions’, with no change to overall policy intent. | Simplified language. | Immaterial |
Div 2 | 11 – 15 | 5, 6, 6(8), 7(1), 7(2), 8, 25(1) | Clauses consolidated, clause 8(2) and its note removed, minor wording changes made, no change to overall policy intent. | Improved clarity and readability. | Immaterial |
Div 3 | 16 – 22 | 9, 10, 11(1)-(4), 12, 13, 14, 15, 21, 22(2), 23, 24, 26(1) | Some clauses consolidated. Minor wording changes. No change to overall policy intent. | Simplification and improved clarity. | Immaterial |
Div 4 | 23 – 26 | 16, 17, 18, 19, 20, 22(1) | Minor wording changes, no change to overall policy intent. | Simplification and improved clarity. | Immaterial |
| Part 4 Catchment Contributions | |||||
Div 1 | 27 | 31 | Minor wording changes, no change to overall policy intent. | Improved succinctness. | Immaterial |
Div 2 | 28 – 34 | 32, 33(1)-(4), 35, 36, 37(1)-(4) and (6), 38(1)-(3), 37(5), 39(1)-(2) | Minor wording and structural changes, including clause consolidation and a new requirement to publish maps online, no change to overall policy intent. | Simplified to improve clarity, readability, and map accessibility. | Immaterial |
| 40 | Clause removed | Removed as unnecessary, already provided for under the LLS Act section 14 clause 13. | Immaterial | |
Div 3 | 35 – 41 | 38(4), 39(3), 41, 42, 43, 46, 47(1)-(3), 48, 49(1)-(2), 50 | Minor wording changes, consolidation, and language simplification, no change to overall policy intent. | Improved clarity, readability and succinctness. | Immaterial |
| Part 5 Annual Returns | |||||
- | 42 – 45 | 28, 29, 30 | Structural and wording changes were made, including the addition of a definition of ‘relevant date’ (clause 41), with no change to overall policy intent. | Improved clarity and readability. | Immaterial |
| Part 6 Native Vegetation | |||||
Div 1 | 46 | 106 | Minor structural and wording changes, no change to overall policy intent. | Improved readability and clarity. | Immaterial |
Div 2 | 47 – 58 | 107, 108, 109(1)-(2), 111-113, 114, 115, 116, 117, 118, 119, 120(1), 121, 122, 123 | Wording and structural revisions, limited changes to overall policy intent. Expanded evidentiary options for significant disturbance/ modification of native vegetation (clause 53). Some introduction of mandatory language (clause 49). | Simplified references, clearer language. | Immaterial |
Div 3 | 59 – 64 | 124, 125, 126, 127, 128, 129, 130 | Wording and clarity improvements, no change to overall policy intent. Some clauses now include more explicit limitations or specific documents/ processes in greater detail. | Improved clarity, specificity, and succinctness while broadly retaining the original content. | Immaterial |
Div 4 | 65 – 72 | 131, 132, 133, 134, 135, 136, 137, 138 | New definition of “application” included (clause 67). Simplified and restructured clauses, minor wording adjustments. No change to overall policy intent. | Simplified language and structure to reduce complexity and improved specificity through new definition. | Immaterial |
Div 5 | Not reproduced. | 139 and 140 | Clause 139 removed. It is advised that the removal of this clause will be low impact because the content is covered by 60N of the LLS Act and 13.5 of the Biodiversity Conservation Act 2016. | Streamline and reduce duplication. Ensure consistency with the regulation-making powers under the LLS Act. | Material (low) |
| Part 7 Public roads and travelling stock reserves | |||||
Div 1 | 73 | 51, 71(6) | Minor wording changes. No change to overall definition/ policy intent. | Improved clarity. | Immaterial |
Div 2 | 74 – 82 | 51, 52(1)-(9), 53(2)-(3), 54, 55, 56, 57, 102 | Minor wording and structural adjustments. No change to overall policy intent. | Simplified language and structure to enhance clarity, readability, succinctness, and contextual precision. | Immaterial |
Div 3 | 83 – 90 | 53(1), 58, 59, 61, 62, 63, 64, 65, 66, 70, 75, 76 | Structural and wording changes simplify and consolidate obligations, with minor adjustments to penalties and enforcement powers, but no change to overall policy intent. | Improved readability, enforceability, and consistency, while removing unused or redundant clauses to streamline the regulation. | Immaterial |
Div 4 | 91 – 94 | 71(1)-(5), (4A), (4B), 72, 73, 74 | Minor wording and structural changes, some penalties removed. No change to policy intent. | Improved clarity and streamlined provisions; removed penalties can be managed under LLS Act section 83(3). | Immaterial |
Div 5 | 95 – 98 | 67, 68, 69, 77 | Structural and wording changes made to improve clarity, with no change to overall meaning or policy intent. | Improved clarity and readability without changing policy intent. | Immaterial |
| Part 8 Stock watering places | |||||
- | 99 – 102 | 78, 79, 80 | Minor wording and structural changes made, with no change to maximum lease period, penalty units, or overall policy intent. | Improved clarity and readability. | Immaterial |
| Part 9 Transportation of stock | |||||
- | 103 – 105 | 82, 83, 84 | Structural and minor wording changes made, with no change to overall policy intent or definitions. | Improved readability. | Immaterial |
- | - | 96, 97, 98 | Entire Part removed as stock identification scheme has not been used or gazetted by LLS. | Immaterial | |
| Part 10 Miscellaneous | |||||
- | 106 – 111 | 27, 81, 87, 88, 99, 104 | Minor wording and structural changes made, including replacement of Director-General with Secretary, condensation of subclauses. | Improved readability and clarity. | Immaterial |
- | 112 | - | Addition of a new clause 117, with no change to overall policy intent. | New clause 117 added for procedural relevance. | |
| Schedule 1 Local Board Elections | |||||
- | - | Schedule 1 | Wording changes and consolidation of some clauses. No change to overall policy intent. | Improved clarity and streamlined provisions. | Immaterial |
| Schedule 2 Category 2-regulated land | |||||
- | - | 113(1) | Structural and wording changes throughout. | Simplified language and structure. | Immaterial |
| Schedule 3 Penalty notice offences | |||||
- | - | Schedule 2 | Structural and wording changes. Penalty amounts have been aligned to comply with Department of Communities and Justice (DCJ) guidance on penalty notice amounts, consolidation of some penalties and numbering updates to reflect updated regulation. | Improved readability and reflective of updated regulation. Ensure consistency with DCJ guidance on penalty notice amounts. | Material (low) |
| Schedule 4 Dictionary | |||||
- | - | - | Definitions used throughout multiple parts are defined in this schedule. | Improved clarity and readability. | Immaterial |
Impacts
Under Option 2, the only changes made are those changes required to ensure the regulation can legally be made and is consistent with current drafting conventions.
The table below provides an overview of the impact of each part of the LLS Regulation in summary, and by stakeholder group.
- Businesses – including farmers and land managers.
- Communities – for example, landowners, occupiers, livestock owners.
- Government – for example, state agencies and local governments.
- Environment – including the natural environment and livestock.
| LLS Reg 2014 | Impact | Who is impacted? | |||
|---|---|---|---|---|---|
| Businesses | Community | Government | Environment | ||
| Part 2 – Rates | Sets outs rates, fees and charges for landowners and ratepayers under the regulation. | ✓ | ✓ | ✓ |
|
| LLS is responsible for determining, applying and collecting rates. |
|
| ✓ |
| |
| Part 3 – Annual returns | Prescribed persons are required to file annual returns, to document livestock numbers. | ✓ | ✓ | ✓ |
|
| LLS receive, process and ensure compliance with annual returns and use the information to inform an appropriate response to emergencies e.g. floods, bushfires, biosecurity outbreaks. |
|
| ✓ | ✓ | |
| Part 4 – Catchment contributions | Contributions from landowners in catchment areas are mandated to generate revenue. | ✓ | ✓ |
|
|
| Catchment contributions are used by LLS to deliver a coordinated approach to the problems of natural resource conservation in the Hunter valley catchment and to undertake flood mitigation works. |
|
| ✓ | ✓ | |
| Part 5 – Travelling stock reserves and public roads | There are requirements for individuals and businesses in the use of travelling stock reserves and public roads. | ✓ | ✓ |
|
|
| There are requirements for local boards and road maintenance authorities in maintaining these areas and ensuring compliance. |
|
| ✓ | ✓ | |
| Part 6 – Stock watering places | There are requirements for local boards and water management authorities in overseeing compliance and maintenance of stock watering places. |
|
| ✓ | ✓ |
| There are access rights and maintenance responsibilities for stock owners. | ✓ | ✓ |
|
| |
| Part 7 – Impounding of unattended and trespassing stock and abandoned articles | There are circumstances whereby stock would be considered not “unattended”. |
| ✓ | ✓ |
|
| Part 8 – Transportation of stock by vehicle | There are specific animals that are declared as stock. | ✓ | ✓ | ✓ |
|
| A number of particulars are required in the transportation of stock by vehicle. | ✓ | ✓ |
|
| |
| There are circumstances where restrictions on transport of stock by vehicle on road do not apply. | ✓ | ✓ |
|
| |
| Part 10 – Powers of Authorised Officers | Authorised officers are provided with an identification card which bears the signature of a number of prescribed people. |
|
| ✓ |
|
| Penalty notice offences apply in certain cases, as per Schedule 2 of the LLS Regulation. | ✓ | ✓ | ✓ |
| |
| Part 11 – Eligibility for election or appointment of members of local boards | There are specific criteria for eligibility to be elected or appointed as a member of local boards. |
|
| ✓ |
|
| Part 12 – Stock identification | LLS has powers to establish a scheme for the identification of stock. |
|
| ✓ |
|
| There are penalties for failing to identify stock in accordance with the LLS scheme in some cases. | ✓ | ✓ | ✓ |
| |
| Part 13 – Miscellaneous | There are specific circumstances in which an individual may apply for a certificate in relation to rates, charges and other matters. |
| ✓ |
|
|
| LLS may carry out any activity it considers necessary to control any animal causing nuisance on the holding, at the request of owner/occupier. |
| ✓ | ✓ | ✓ | |
| LLS may carry out activities necessary to protect land/animals from harm caused by natural disaster. |
|
|
| ✓ | |
| Existing stock warning signs that were approved under the previous regulation are automatically approved under the new regulation. | ✓ | ✓ | ✓ |
| |
| LLS can waive or write off part or all of any charges owed under the act or regulation. |
|
| ✓ |
| |
| An authorised officer can issue a certificate confirming the type of an animal, and this can be accepted as evidence in any proceedings. |
|
| ✓ |
| |
| Part 14 – Land management (native vegetation) | There are requirements in relation to the oversight and management of native vegetation. | ✓ |
| ✓ | ✓ |
| Schedule 1 – Elections for members of local boards | Outlines rules and procedures for electing members to local boards. | ✓ | ✓ | ✓ |
|
| Schedule 2 – Penalty notice offences | Prescribed offences under the LLS Act and LLS Regulation. | ✓ | ✓ | ✓ |
|
As shown in the table above, the LLS Regulation impacts all stakeholder groups to some extent, serving as a key tool for LLS to provide support to farmers, rural landholders and the community.
Key impacts for stakeholder groups
Impacts are strongest for government agencies, farmers, other rural landholders and land managers. The following section summarises the impacts highlighted in the table above.
Businesses
The LLS Regulation places financial, administrative and operational obligations on farmers and other rural landholders. These businesses must pay LLS rates, catchment contributions, file annual returns and comply with rules for stock transport and use of public land.
Native vegetation must also be managed in line with regulatory requirements, guiding land use and environmental practices. There are also penalties for non-compliance.
Communities
The LLS Regulation places financial obligations on landowners and ratepayers. It also promotes accountability and safety through requirements for completing annual returns and transport documentation.
Communities benefit from rules around the use of public roads and travelling stock reserves, while also sharing responsibilities for land and vegetation management.
Government
The LLS Regulation places responsibilities on government agencies, including LLS, local government and other State government agencies.
LLS sets, collects and manages rates and contributions from landowners.
LLS oversees reporting, enforces compliance and supports emergency responses. Where approval has been granted, a local authority or agency may be responsible for maintaining public infrastructure and stock watering places.
Environment
Provisions in the LLS Regulation support environmental protection by enabling LLS to use livestock data and landowner contributions to respond effectively to natural disasters and regulate the management of native vegetation on rural land.
Local boards and authorities are also tasked with maintaining stock watering places and public land, helping to preserve natural resources.
Assessment of revised penalty notice amounts
All penalty notice amounts in the proposed Regulation have been aligned to comply with DCJ guidance on penalty notice amounts. The changes ensure that offences that carry the same penalty unit amount also have a consistent penalty notice amount.
For example, in the LLS Regulation penalty notice amounts for offences that incurred a maximum of 10 penalty 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 $180.
Enforcement tools need to be sufficiently robust to address persistent non-compliance and serious breaches. The proposed increase in penalty notice amounts aims to strengthen the deterrent effect of financial penalties.
Revised penalty notice amounts
These tables show a summary of the revised penalty notice amounts under Schedule 3 of the proposed Regulation.
The proposed changes ensure that penalty notice amounts under the proposed Regulation align with Department of Communities and Justice guidance on penalty notice amounts and are consistent across offences with the same penalty unit value.
| Offence (section) | Current penalty notice amount ($) | Proposed change ($) | Proposed penalty notice amount ($) |
|---|---|---|---|
| Unauthorised release of impounded stock (117) | 500 | +$400 | 900 |
| Failing to muster stock as requested, in the manner specified (103(1)) | 150 | +$30 | 180 |
| Failure to comply with an authorised officer direction relating to the transport of stock or failure to stop the vehicle when directed (123(4)) | 1100 | –$200 | 900 |
| Failure to provide information, or providing false information, requested by authorised officer in relation to transported stock (124(3)) | 220 | –$40 | 180 |
| Failure to provide requested information under the LLS Act or regulations (192(1)) | 200 | –$20 | 180 |
| Failure to muster stock as ordered (204(2)) | 200 | +$160 | 360 |
| Unauthorised use of travelling stock reserves (TSR) (72) | 300 | +$600 | 900 |
| Movement of stock outside of a permit (84) | 200 | +$160 | 360 |
| Failure to provide transported stock statement to consignee (121) | 440 | –$80 | 360 |
| Failure to retain transported stock statement (122) | 440 | –$80 | 360 |
| Failing to produce an appropriate permit for the transport of stock (103(3)) | 150 | +$30 | 180 |
| Stock on a public road, TSR or public land without authority (116(1)) | 300 | +$600 | 900 |
| Failure to provide a transported stock statement (120(2)) | 440 | –$80 | 360 |
| Failure to hold an appropriate transported stock statement (120(3)) | 440 | –$80 | 360 |
| Failure to complete a transported stock statement (120(1)) | 440 | –$80 | 360 |
| Providing false information when requested under the LLS Act (192(2)) | 200 | +$160 | 360 |
| Forging an authority issued under the LLS Act (192(4)) | 500 | +$1300 | 1800 |
| Failure to lodge an annual return (58(1)) | 300 | +$60 | 360 |
| Unauthorized use of public roads via stock (73(1)) | 300 | +$600 | 900 |
| Contravening a stock or reserve use permit condition (83(3)) | 200 | +$160 | 360 |
| Offence (section) | Current penalty notice amount ($) | Proposed change ($) | Proposed penalty notice amount ($) |
|---|---|---|---|
| Failure to comply with an authorised officer direction relating to TSRs (70(2)) | 150 | –$60 | 90 |
| Failure to comply with an authorised officer direction relating to stock zone sign (57(2)) | 200 | –$20 | 180 |
| Unauthorised deposit of an animal carcass (66) | 500 | +$400 | 900 |
| Unauthorised deposit of each additional animal carcass (66 (each additional carcass)) | 150 | –$60 | 90 |
| Unauthorised deposit of any other thing on a TSR (66 (or 500 in any other case)) | 500 | +$400 | 900 |
| Failure to notify after ceasing to be or becoming an owner (24(1)) | 200 | –$20 | 180 |
| Failure to notify change of postal address (26(1)) | 150 | +$30 | 180 |
| Failure to adequately control stock (64(2)) | 150 | +$210 | 360 |
| Unauthorised use of water or lighting a fire on a TSR (63(1)) | 300 | –$120 | 180 |
| Failure to remove stock ordered to be culled (74(7)) | 150 | +$30 | 180 |
| Taking or failing to prevent the removal of water where the depth is below a specified level (80) | 150 | +$30 | 180 |
| Unauthorised exhibition of a stock zone sign (56(2)) | 150 | +$210 | 360 |
| Unauthorised interference with a stock zone sign (55) | 200 | +$160 | 360 |
| Failure to ensure stock are in a stock zone (53(2)) | 150 | +$210 | 360 |
| Failure to give way to stock (53(3)) | 150 | +$210 | 360 |
| Failure to ensure stock do not pose a hazard (53(1)) | 500 | –$140 | 360 |
| Failure to prevent stock moving onto carriageway (58) | 200 | +$160 | 360 |
| Unauthorised interference with stock or beehives on a TSR (63(3)) | 200 | +$160 | 360 |
| Unauthorised interference with a structure or appliance on a TSR (63(2)) | 500 | –$140 | 360 |
| Removal of water, soil and other materials from a TSR (75(1)) | 500 | –$140 | 360 |
| Failure to provide Crown Land tenure (27(2)) | 200 | +$160 | 360 |
| Failure to notify LLS of postal address (26(3)) | 150 | +$30 | 180 |
| Failure to display a temporary stock zone sign (54(1)) | 440 | –$80 | 360 |
| Failure to remove a temporary stock zone sign (54(3)) | 150 | +$210 | 360 |
| Unauthorised damage or removal of a LLS displayed sign on a TSR (61) | 200 | –$20 | 180 |
Costs of revised penalties
- Increased financial pressure on stakeholders and landholders.
- Higher penalties may create added strain on farmers, rural businesses, particularly smaller operators.
Increased penalty notice amounts could create added pressure on farmers or rural businesses, especially smaller operations. However, penalty amounts in the LLS Regulation have remained unchanged since their introduction in 2014. Over the 11 years to 2025, the cost of living has increased significantly, including the costs of maintaining effective compliance—especially staffing and operational expenses. For context, a $150 fine in 2014 is equivalent to approximately $195 in 2025, when adjusted for inflation using the Consumer Price Index.
Penalty infringement notices are an important compliance tool. Updating the penalty amounts ensures they remain a meaningful deterrent and better reflect the time and costs associated with enforcing compliance.
Benefits of revised penalties
- Stronger deterrence: higher penalties reinforce the seriousness of offences and discourage non-compliance. It is important that the penalties are of a sufficient amount to discourage serious and repeated breaches.
- Environmental protection: improved adherence to regulations can lead to better outcomes for land management, biosecurity, biodiversity, soil health, and water quality.
- Regulatory consistency: aligning penalties with other environmental and agricultural regulatory frameworks supports fairness and clarity across jurisdictions.
- Public confidence: demonstrates NSW Government commitment to responsible land stewardship and enforcement.
The revised penalties are considered to be sufficiently high to deter people from breaching the provisions and to reflect the seriousness of the offences. It is important that stakeholders are informed of the changes to encourage compliance and support best practice.
Costs
Overall costs associated with Option 2 have been assessed as low to neutral.
Benefits
The benefit to businesses, the community, government and the environment would remain consistent with current state if the LLS Regulation was remade with only required changes. Overall benefits associated with Option 2 have been assessed as neutral.
Conclusion
The overall impact of Option 2 is considered to be neutral compared to the LLS Regulation. The LLS Act could operate by remaking the LLS Regulation without change (aside from those required changes described under Option 2). However, the opportunity to enhance the administration of stock watering places in the Western LLS region (under Option 3) would be lost.
Option 2 - Remake the LLS Regulation without change – is not the preferred option.
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