January 12, 2026

Early Traditional Owner engagement under EPBC reforms – what it means for heritage projects

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. 


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