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 Planning and Environment.

Prosecution guidelines

The OEH Prosecution Guidelines set out the factors the Department of Planning and Environment – Environment, Energy and Science (DPE – EES; formerly the Office of Environment and Heritage) 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.

Previous court cases

There is a public register of convictions in prosecutions initiated 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 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.

See the DPE Subpoena Policy for more information.

Other court documents

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

Your privacy

The information you provide in this form will be used only for the purpose for which it was collected. By submitting this form you consent to the storage, use and disclosure of your personal information in accordance with our privacy policy.

The Department of Planning and Environment must comply with the NSW Privacy and Personal Information Protection Act 1998 which regulates the collection, storage, quality, use and disclosure of personal information.

For more information see our privacy page.