Who must comply with EPBC Act — National Heritage + Indigenous heritage values?
The applicability test for EPBC Act — National Heritage + Indigenous heritage values, computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Only if
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.
What the obligation is
Actions likely to have a significant impact on National Heritage Indigenous values require Commonwealth approval.
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.
The applicability test
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: 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.
Jurisdiction: Commonwealth law, so the test is the same in every state and territory.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (3 of 35: only if a further fact applies; 32 of 35: no).
| Industry | Answer |
|---|---|
| Construction (residential & commercial) | Only if a further fact applies |
| Agriculture, forestry & fishing | Only if a further fact applies |
| Mining & resources | Only if a further fact applies |
| No | 32 other industries |
Business structure and size
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".
Worked examples
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.
When you need to check further
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.
What you must do, and when
- When due
- Before commencing the action — referral + approval under Pt 3 / Pt 7.
- Frequency
- When a triggering event occurs
- Evidence to keep
- EPBC referral; cultural heritage assessment; consultation with Traditional Owners; approval conditions compliance records.
- Status
- Current
- Priority
- High
Penalty for not complying
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.
Audit or assurance level
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.
Obligations with the same applicability test
If this obligation applies to you, so does this one: the engine uses the same rule for each.
Where it sits in the corpus
Rules Mate tracks 10 published obligations tagged "indigenous", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority, and is triggered by events.
Regulator, legislation and tools
EPBC Act: Federal environmental impact regulation.
Free tools that help with this obligation:
Questions
- Who must comply with EPBC Act — National Heritage + Indigenous heritage values?
- 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.
- Does EPBC Act — National Heritage + Indigenous heritage values apply to sole traders?
- Only if a further fact applies. Looking in the 3 industries it can reach and every size band, the engine's answer for a sole trader is: only if a further fact applies.
- Does EPBC Act — National Heritage + Indigenous heritage values apply to businesses with 1–5 employees?
- Only if a further fact applies (1–5 employees, turnover $100K–$1M).
- When is "EPBC Act — National Heritage + Indigenous heritage values" due?
- Before commencing the action — referral + approval under Pt 3 / Pt 7.
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.