Recent reforms to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) have strengthened expectations around early engagement with Traditional Owners for projects that require federal environmental approval. For organisations planning major infrastructure or development, this affects how heritage, culture and environment are considered right from the outset. What has changed at the federal level? The reforms introduce new National Environmental Standards (NES) and associated guidance that make clear Traditional Owners should be engaged early, not just once an EIS or assessment is already in full swing. For proposals affecting World Heritage and National/Commonwealth Heritage places, Ramsar wetlands or other Matters of National Environmental Significance, proponents are expected to show how Traditional Owner knowledge has informed project design, impact assessment and mitigation measures. The updated federal “Engage Early” guidance reinforces that Traditional Owners and relevant Aboriginal parties are the primary source of information about Indigenous cultural values, and that their involvement should be planned into project timelines and budgets rather than treated as a late compliance step. What hasn’t changed for day‑to‑day Queensland work? These EPBC changes do not alter Queensland’s own heritage legislation. The Aboriginal Cultural Heritage Act 2003 , the Queensland Heritage Act 1992 and local planning‑scheme heritage overlays continue to operate as before, with the usual Duty of Care and CHMP processes still in place. For purely State or local projects with no federal referral, existing obligations and workflows remain the primary reference point. What this means in practice For projects that have a realistic chance of triggering the EPBC Act , there are practical implications: Scoping: Potential EPBC issues (e.g. World Heritage, National Heritage, Ramsar) should be identified early, and Traditional Owner engagement built into the project scope from the beginning. Engagement planning: Engagement with Traditional Owners should occur before referral or early in the assessment process, with clear records of meetings, input and how concerns have shaped survey design and mitigation. Reporting: Heritage and environmental reports for EPBC‑relevant projects should explicitly reference the new expectations for early engagement and demonstrate how Traditional Owner perspectives are integrated into final recommendations. For clients, building this engagement in upfront can reduce risk and delay in federal approvals while supporting better cultural and environmental outcomes.
The Commonwealth Government has introduced the most significant reforms to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in over two decades. These changes reshape how environmental referrals, assessments, and approvals are undertaken, with stronger national standards and new streamlined pathways. Key Changes You Need to Know Streamlined Assessment Pathway: Multiple older assessment routes have been consolidated into a single streamlined pathway. For eligible proposals, decisions may now be issued within 30 business days, provided the referral information is complete and robust. Higher Upfront Information Requirements: Referrals must now include more detailed baseline data, impact analysis, and justification to qualify for the faster pathway. Binding National Environmental Standards: All referral decisions must now align with new National Environmental Standards, ensuring proposals avoid “unacceptable impacts” and meet strengthened requirements for managing residual impacts. Expiry of ‘No-Controlled-Action’ Decisions: A “no-controlled-action” determination will automatically lapse after five years unless the project has substantially commenced. Creation of a New Federal Regulator: The reforms establish the National Environmental Protection Agency (NEPA) , significantly increasing compliance oversight and enforcement powers. Traditional Owner Engagement The reforms strengthen expectations around early Traditional Owner engagement, particularly for projects affecting MNES such as listed ecological communities, wetlands, and culturally significant landscapes. Proponents are now expected to: Demonstrate early and proactive liaison with Traditional Owners or Native Title parties Include cultural values, knowledge and perspectives in baseline information Identify impacts on culturally significant species, places or landscapes Show how Indigenous engagement has informed avoidance, mitigation, and offset planning Early engagement is now considered essential for delivering a “complete” referral that qualifies for streamlined pathways. How Redleaf Can Support Your Project Redleaf can help you navigate the new EPBC requirements by: Conducting early project screening and identifying risks Preparing referral packages that meet strengthened information thresholds Facilitating Traditional Owner liaison and integrating cultural values into project design Updating impact and offset assessments Advising on the suitability of streamlined vs. standard pathways If you’re planning a future development or unsure how the reforms affect your project, our team is here to help.
