A NSW Government website
Environment and Heritage
Environment and Heritage

Litigation

We may be a party to litigation or court proceedings by prosecuting a breach of legislation or responding to matters brought against the Department of Climate Change, Energy, the Environment and Water.

 

Prosecution guidelines

The Prosecution Guidelines 2021 (PDF, 240.31KB) set out the factors the Department of Climate Change, Energy, the Environment and Water (DCCEEW) takes into account when deciding whether, how and in what court to prosecute offences under the legislation it administers. The guidelines are consistent with the EPA Prosecution Guidelines(link is external).

Previous court cases

There is a public register of convictions in prosecutions initiated(link is external) under the National Parks and Wildlife Act 1974 (NPW Act) or the Biodiversity Conservation Act 2016 (BC Act) and results of civil proceedings before the Land and Environment Court(link is external) under the NPW Act or the BC Act.

Subpoenas

A subpoena is a legal document issued by a court or tribunal that requires a person to produce documents or give evidence at a hearing or trial.

For more information on subpoenas, go to About the subpoena process(link is external).

Other court documents

All other court documents should be served on DCCEEW in accordance with the relevant court rules. If DCCEEW is a party to litigation or court proceedings, all court documents should be served at the address for service nominated by DCCEEW in those proceedings.