Crown Solicitor's Office

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.

Examples of our work for clients

  • 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.

Recent publications

Regulatory & Environment Insights: Jurisdictional error in prosecutions: A pathway to the High Court (Stanley v Director of Public Prosecutions (NSW) & Anor [2023] HCA 3). 3 October 2023.

Regulatory & Environment Insights: PINs or Summonses - is parity an issue? (Grant Barnes, Chief Regulatory Officer, Natural Resources Access Regulator v Salvestro [2023] NSWLEC 34). 25 July 2023.

Regulatory & Environment Insights: Community safety: considerations when imposing an ICO (Stanley v Director of Public Prosecutions (NSW) & Anor [2023] HCA 3). 20 June 2023.

Find past issues of Regulatory & Environment Insights on the Resources page.

Last updated:

02 Feb 2024

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