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Does EPBC Act — assess + approve controlled actions affecting MNES apply to mining and resources?

A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.

Short answer: Only if

Only if you propose an action likely to significantly affect a matter of national environmental significance. Being in this industry makes the obligation worth checking (Industry: Mining & resources), but the trigger is a fact the industry alone does not settle.

The obligation in brief

EPBC Act — assess + approve controlled actions affecting MNES. Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) requires referral + assessment of 'controlled actions' that may significantly impact MNES (World Heritage, RAMSAR wetlands, threatened species, migratory species, Commonwealth marine areas, water resources for coal/CSG, nuclear actions). Approval conditions binding.

Trigger: Action likely to significantly impact MNES.

Why mining & resources get a different answer

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 32 of those industries the answer for "EPBC Act — assess + approve controlled actions affecting MNES" is no. Mining & resources is one of the 3 where the answer is different: only if.

The deciding fact for mining and resources: Industry: Mining & resources; applies only if you propose an action likely to significantly affect a matter of national environmental significance.

About the industry: Mining operations subject to state mining safety regimes, NGER, and royalty obligations.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires a trigger outside this questionnaire).

Answer by business structure and size

Each cell is the engine's outcome for a business in mining & resources with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

"EPBC Act — assess + approve controlled actions affecting MNES": outcome for mining and resources by structure and size
StructureNo employees1–5 employees6–19 employees20–99 employees100–499 employees500+ employees
Sole traderCheckCheckCheckCheckCheckCheck
PartnershipCheckCheckCheckCheckCheckCheck
TrustCheckCheckCheckCheckCheckCheck
Pty Ltd companyCheckCheckCheckCheckCheckCheck
Public companyCheckCheckCheckCheckCheckCheck
Not-for-profit (unregistered)CheckCheckCheckCheckCheckCheck
Registered charityCheckCheckCheckCheckCheckCheck
Super fundCheckCheckCheckCheckCheckCheck
Foreign companyCheckCheckCheckCheckCheckCheck

What the obligation requires

When due
Before commencement; ongoing approval condition compliance.
Evidence to keep
Referral, assessment report, approval decision, condition compliance reports.
Maximum penalty
Civil penalties up to $14M (corporations); criminal for serious offences
Regulator
See source
Jurisdiction
Commonwealth (national)

Other obligations where mining & resources differ from the norm

Other industries with a non-default answer

Questions

Does EPBC Act — assess + approve controlled actions affecting MNES apply to mining and resources?
Only if you propose an action likely to significantly affect a matter of national environmental significance. Being in this industry makes the obligation worth checking (Industry: Mining & resources), but the trigger is a fact the industry alone does not settle.
Is the answer the same for every industry?
No. For 32 of the 35 industries Rules Mate maps, the answer is no. Mining & resources is one of 3 industries with a different answer.

Related

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.