EPBC Act — National Heritage + Indigenous heritage values
Actions likely to have a significant impact on National Heritage Indigenous values require Commonwealth approval.
Who must comply
Anyone proposing an action with potential significant impact on National Heritage Indigenous values or where state/territory protection has failed.
What triggers it
Proposing an action likely to significantly affect a National Heritage place or Indigenous heritage values.
When due
Before commencing the action — referral + approval under Pt 3 / Pt 7.
Evidence required
EPBC referral; cultural heritage assessment; consultation with Traditional Owners; approval conditions compliance records.
Max 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.
Summary
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.
Enforced by
Source legislation
Topics
Related obligations
- VICAboriginal Heritage Act 2006 (Vic) — CHMPActivities in areas of cultural heritage sensitivity require a CHMP.
- NSWNational Parks and Wildlife Act 1974 (NSW) — Aboriginal heritageActivities affecting Aboriginal objects + sites in NSW require AHIP or due diligence.
- QLDAboriginal Cultural Heritage Act 2003 (Qld) — duty of careAnyone carrying out an activity that could harm Aboriginal cultural heritage in Qld owes a statutory duty of care.
- WAAboriginal Heritage Act 1972 (WA) — s 18 consentAny use of land that may damage an Aboriginal site requires s 18 consent from the Minister.
- SAAboriginal Heritage Act 1988 (SA) — Minister's authorisationActivities that damage, disturb or interfere with an Aboriginal site, object or remains require Minister's authorisation in SA.
- TASAboriginal Heritage Act 1975 (Tas) — permit to disturb relicsA permit from the Minister is required to disturb, destroy or remove an Aboriginal relic in Tasmania.
Frequently asked questions
- Who must comply with EPBC Act — National Heritage + Indigenous heritage values?
- Anyone proposing an action with potential significant impact on National Heritage Indigenous values or where state/territory protection has failed.
- What triggers EPBC Act — National Heritage + Indigenous heritage values?
- Proposing an action likely to significantly affect a National Heritage place or Indigenous heritage values.
- When is EPBC Act — National Heritage + Indigenous heritage values due?
- Before commencing the action — referral + approval under Pt 3 / Pt 7.
- What is the maximum penalty for EPBC Act — National Heritage + Indigenous heritage values?
- Civil penalties up to 50,000 penalty units (~$8M, FY26) for body corporates; criminal offences up to 7 years imprisonment for knowing/reckless contravention.
- What evidence is required for EPBC Act — National Heritage + Indigenous heritage values?
- EPBC referral; cultural heritage assessment; consultation with Traditional Owners; approval conditions compliance records.
Source: https://www.dcceew.gov.au/parks-heritage/heritage/laws-and-notices. Rules Mate is not a law firm. Always verify against the live regulator source before acting.