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
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.