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Rules Mate

Does EPBC Act — National Heritage + Indigenous heritage values apply to construction (residential and commercial) businesses?

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: Construction (residential & commercial)), but the trigger is a fact the industry alone does not settle.

The obligation in brief

EPBC Act — National Heritage + Indigenous heritage values. Environment Protection and Biodiversity Conservation Act 1999 (Cth) Pt 3, Div 1 — a person must not take an action that has, will have, or is likely to have, a significant impact on the National Heritage values of a National Heritage place (including Indigenous heritage values) without approval from the Commonwealth Environment Minister. The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP Act) provides last-resort emergency protection where state/territory laws fail.

Trigger: Proposing an action likely to significantly affect a National Heritage place or Indigenous heritage values.

Why construction (residential & commercial) 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 — National Heritage + Indigenous heritage values" is no. Construction (residential & commercial) is one of the 3 where the answer is different: only if.

The deciding fact for construction (residential and commercial) businesses: Industry: Construction (residential & commercial); applies only if you propose an action likely to significantly affect a matter of national environmental significance.

About the industry: Builders, contractors, and subcontractors covered by the Building & Construction General On-site Award and high-risk WHS.

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 construction (residential & commercial) 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 — National Heritage + Indigenous heritage values": outcome for construction (residential and commercial) businesses 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 commencing the action — referral + approval under Pt 3 / Pt 7.
Evidence to keep
EPBC referral; cultural heritage assessment; consultation with Traditional Owners; approval conditions compliance records.
Maximum penalty
Civil penalties up to 50,000 penalty units (~$8M, FY26) for body corporates; criminal offences up to 7 years imprisonment for knowing/reckless contravention.
Regulator
See source
Jurisdiction
Commonwealth (national)

Other obligations where construction (residential & commercial) differ from the norm

Questions

Does EPBC Act — National Heritage + Indigenous heritage values apply to construction (residential and commercial) businesses?
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: Construction (residential & commercial)), 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. Construction (residential & commercial) 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.