Regulatory & Environment

The Regulatory & Environment practice group specialises in advising and representing agencies in relation to:

regulatory compliance, including in the context of planning and environment
regulatory prosecutions
complex legal issues in the regulatory context, including prosecutorial duties and accusatorial principles
statutory interpretation advice in the environment and natural resources context
criminal law, including law enforcement powers, evidence and procedure.

The team has expertise in complex prosecutions, including those requiring expert evidence addressing liability and/or harm.

We offer clients a range of options for conducting oral advocacy in regulatory prosecutions. The team includes solicitors with advocacy expertise, specialised in-house solicitor advocates and briefing counsel.

Significant matters

Acting for the prosecutor, Grant Barnes, Chief Regulatory Officer, Natural Resource Access Regulator (NRAR), in Local Court proceedings against Green Leaf Australia Group Pty Ltd and its director, Xiuming Lin (Natural Resources Access Regulator v Green Leaf Australia Group Pty Limited; Natural Resources Access Regulator v Xiuming Lin [2024] NSWLC 2). The company was fined $224,000 and Mr Lin $71,250 – the highest total fine secured in a Local Court prosecution since NRAR was established in 2018 – with an order to undertake certain rectification works to dewater and remove some of the unauthorised dams. The CSO later acted for Grant Barnes in the NSW Land and Environment Court to successfully defend appeals against conviction from Green Leaf Australia Group (decision handed down 2 October 2025).
Representing the prosecutor in Local Court and Land and Environment Court prosecutions for various offences under the Water Management Act 2000, including carrying out works and taking water without or contrary to the requisite approvals.
Representing the prosecutor for offences under the Fisheries Management Act 1994, including offences raising s. 211 of the Native Title Act 1993 (Cth).
Representing the prosecutor in prosecutions against child centre operators for offences concerning risks to the safety of children under the Children (Education and Care Services) National Law (NSW).
Representing the prosecutor in election funding and other electoral prosecutions on behalf of the NSW Electoral Commission.
Advising agencies on the compliance requirements for infrastructure dewatering activities under the Water Management Act 2000.