Who must comply with EPBC Act — assess + approve controlled actions affecting MNES?

Any action likely to significantly impact Matters of National Environmental Significance needs federal approval.

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.

Applies only if you propose an action likely to significantly affect a matter of national environmental significance. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Proponents of major actions (mining, infrastructure, agriculture expansion).

What triggers it: Action likely to significantly impact MNES.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (3 of 35: only if a further fact applies; 32 of 35: no).

Structure does not change the answer in the 3 industries it can reach: for every structure the answer is "only if a further fact applies".

Size does not change the answer in the 3 industries it can reach: at every size band the answer is "only if a further fact applies".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
• Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you propose an action likely to significantly affect a matter of national environmental significance.

The engine shows this obligation as "check whether this applies" when a business has industry: Mining & resources / Construction (residential & commercial) / Agriculture, forestry & fishing. It then applies only if you propose an action likely to significantly affect a matter of national environmental significance. That fact is not something Rules Mate can infer from industry, structure or size.

When due

Before commencement; ongoing approval condition compliance.

Frequency

When a triggering event occurs

Evidence to keep

Referral, assessment report, approval decision, condition compliance reports.

Status

Current

Priority

Critical

Maximum penalty: Civil penalties up to $14M (corporations); criminal for serious offences.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

• EPBC Act prosecutions — multiple mining + ag 2024 (2024): EPBC compliance pre-action review is critical for any major land use change.
• EPBC Act prosecutions — mining + agriculture clearings (2024): EPBC controlled action triage is essential before any major land use change.

If this obligation applies to you, so does this one: the engine uses the same rule for each.

• EPBC Act — National Heritage + Indigenous heritage values

• Notify + remediate contaminated land (state): State EPA regimes require notification + remediation of contaminated land.

Rules Mate tracks 13 published obligations tagged "environment", 4 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 1 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is triggered by events.

EPBC Act: Federal environmental impact regulation.

• Environment Protection and Biodiversity Conservation Act 1999

Free tools that help with this obligation:

• Compliance calendar builder