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.
| Structure | No employees | 1–5 employees | 6–19 employees | 20–99 employees | 100–499 employees | 500+ employees |
|---|---|---|---|---|---|---|
| Sole trader | Check | Check | Check | Check | Check | Check |
| Partnership | Check | Check | Check | Check | Check | Check |
| Trust | Check | Check | Check | Check | Check | Check |
| Pty Ltd company | Check | Check | Check | Check | Check | Check |
| Public company | Check | Check | Check | Check | Check | Check |
| Not-for-profit (unregistered) | Check | Check | Check | Check | Check | Check |
| Registered charity | Check | Check | Check | Check | Check | Check |
| Super fund | Check | Check | Check | Check | Check | Check |
| Foreign company | Check | Check | Check | Check | Check | Check |
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
- Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care: Only if
- Aboriginal Heritage Act 1972 (WA) — s 18 consent: Only if
- Aboriginal Heritage Act 1975 (Tas) — permit to disturb relics: Only if
- Aboriginal Heritage Act 1988 (SA) — Minister's authorisation: Only if
- Aboriginal Heritage Act 2006 (Vic) — CHMP: Only if
- Heritage Act 2004 (ACT) — Aboriginal places + objects: Only if
- All 31 answers for construction (residential & commercial)
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.