PROTESTERS against the Tweed Valley Hospital site at Cudgen believe the State Government has broken the law by going ahead with works in close proximity of wetlands containing commonwealth-listed threatened species.

In a letter to the Department of Environment and Energy, Team Relocate said it believed work has been carried out unlawfully due to studies which showed the presence of the Wallum Sedge Frog, the Common Planigale and Mitchell's Rainforest Snail.

They said studies also showed other threatened species were also "on or in close proximity to the site”.

Team Relocate said the "evidence” should trigger referral to the Commonwealth under the Environment Protection and Biodiversity Conservation (EPBC) Act.

But Health NSW said the early works had simply "put in place the required environmental controls to ensure the protection of the sensitive wetland areas to the north of the site

"Any potential impacts on flora and fauna have been considered by environmental and ecological experts,” a spokesperson said.

"These assessments confirmed that the planned works are required to protect the environment and there is no requirement to refer the works to the Commonwealth under the EPBC Act.

"NSW Health Infrastructure complies with all relevant State and Commonwealth planning, building and environmental regulations on all its projects, and it is no different for the Tweed Valley Hospital project.”