Skip to main content Skip to main navigation Skip to search

Queensland and NSW floods 2022

Visit recovery.gov.au to see what help is available.

Close
Home

Top navigation main

  • News & media
  • Jobs
  • Ministers
  • Contact us
Main menu

AWE Main

  • Climate change
    Climate change Driving climate action, science and innovation so we are ready for the future.
    • Climate science and adaptation
    • Australia's climate change strategies
    • Emissions reduction
    • Emissions reporting
    • International commitments
    • Climate Active
    • Climate change publications and data
    • Australia’s National Greenhouse Accounts (Emissions Data)
    Stronger action on climate change

    Stronger action on climate change

    See how the Australian Government is committed to taking more ambitious action on climate change.

    Find out more

  • Energy
    Energy Building a secure and sustainable energy system for all Australians.
    • Energy policy in Australia
    • Energy and Climate Change Ministerial Council
    • Renewable energy
    • Energy publications
    • energy.gov.au
    • Energy Rating
    • Commercial Building Disclosure Program
    • Nationwide House Energy Rating Scheme (NatHERS)
    • Your Home
    Decorative image

    Nationwide House Energy Rating Scheme

    Guiding energy-efficient design and construction for a net-zero future

    Find out more about NatHERS

  • Environment
    Environment Improving stewardship and sustainable management of Australia’s environment.
    • Bushfire recovery
    • Climate change and the environment
    • Biodiversity
    • EPBC Act
    • Environmental information and data
    • International activities
    • Invasive species
    • Land
    • Marine
    • Partnerships
    • Protection
    • Report a breach of environment law
    • Threatened species & ecological communities
    • Waste and recycling
    • Wildlife trade
    Decorative image

    Read our Nature Positive Plan

    Our plan sets out the Australian Government’s commitment to environmental law reform

    Find out more

  • Water
    Water Improving the sustainable management of Australia’s water supply for industry, the environment and communities.
    • Coal, Coal seam gas (CSG) and water
    • Commonwealth Environmental Water Holder
    • Water policy and resources
    • Wetlands
    Water matters

    Water Matters

    Keep up with the latest news on the department's work in managing Australia's water resources.

    Read the latest edition here

  • Parks and heritage
    Parks and heritage Managing Australia’s iconic national parks, historic places and living landscapes.
    • Australian Marine Parks
    • Australian National Botanic Gardens
    • Booderee National Park
    • Kakadu National Park
    • Christmas Island National Park
    • National parks
    • Norfolk Island National Park
    • Heritage
    • Pulu Keeling National Park
    • The Great Barrier Reef
    • Uluṟu-Kata Tjuṯa National Park
    The reef

    Great Barrier Reef

    Australia is protecting and conserving this World Heritage Area.

    Find out more

  • Science and research
    Science and research Undertaking research and collecting data to support informed decisions and policies.
    • Climate change
    • Australia's biological resources
    • National Environmental Science Program (NESP)
    • Office of the Science Convenor
    • Australian Biological Resource Study (ABRS)
    • State of the Environment (SoE) reporting
    • Bird and bat banding
    • Supervising Scientist
    Our climate is changing

    Our climate is changing

    Find out more about how climate science helps Australians with the impacts of climate change.

    Find out more

  • About us
    About us We lead Australia’s response to climate change and sustainable energy use, and protect our environment, heritage and water.
    • Accountability and reporting
    • Assistance, grants and tenders
    • Fees and charges
    • News and media
    • Our commitment to you
    • People and jobs
    • What we do
    • Who we are
    Decorative image

    Juukan Gorge response

    Read the Australian Government's response to the destruction at Juukan Gorge and the recommendations

    Read the response

  • Online services
    Online services We do business with you using online platforms. This makes it easier for you to meet your legal requirements.
Department of Climate Change, Energy, Enviroment and Water

Breadcrumb

  1. Home
  2. Parks and heritage
  3. Heritage
  4. Managing a heritage place
  5. Referrals under the EPBC Act
  6. Failure to refer actions - implications

Sidebar first - EN - Heritage

  • Referrals under the EPBC Act
    • Controlled actions - what next?
    • Failure to refer actions
    • Preparing a referral
    • What is a referral, an action and 'significant impact'?
    • When do I have to refer actions to the Minister?

Failure to refer actions - implications

Failure to refer the action for the approval of the Minister for the Environment (the Minister) could result in a number of outcomes.

Penalties

Civil and criminal penalties may apply for breaches of the legislation:

  • Individuals: civil penalties are the equivalent of 5,000 penalty units. A conviction under the EPBC Act could result in imprisonment for a period of up to seven years, a fine of up to 420 penalty units, or both.
  • Body corporates: face fines of 50,000 penalty units. A conviction under the EPBC Act could result in a fine of up to 2,100 penalty units.
  • A director (or other executive officer) of a company could be held individually liable (for either criminal offences or civil penalties) where the company breaches the legislation in relation to matters of National Environmental Significance (NES).

Note: Penalty Units are defined in the Crimes Act 1914.

In the case of National Heritage values, these penalties can be applied to:

  • the actions of the Commonwealth and Commonwealth agencies
  • the actions of constitutional corporations
  • actions by a person in a Commonwealth area or a Territory
  • actions by a person for the purpose of trade or commerce between the states and territories or internationally
  • actions by a person which have a significant impact on Indigenous National Heritage values
  • actions by a person which are in breach of Australia's obligations under Article 8 of the Biodiversity Convention.

Civil and Criminal Penalties also apply in relation to actions taken by persons outside the Australian jurisdiction, which affect the environment in Commonwealth Heritage Places outside the Australian Jurisdiction.

  • Individual Penalty = up to 1, 000 penalty units (civil), 120 penalty units and / or 2 years imprisonment (criminal)
  • Penalty for body corporate = up to 10, 000 penalty units (civil), 600 penalty units (criminal)

If a member of the public believes that an action breaches the EPBC Act, they may contact the Department of the Environment (the Department) or write to the Minister to report the action. When reporting information on a possible breach of the legislation you may remain anonymous.

The Department takes compliance with the EPBC Act seriously and investigates alleged breaches.

Other procedures where an action is not referred

If a State, Territory or Australian Government agency is aware of a proposed action, a referral can be made if that State, Territory or agency has administrative responsibilities relating to the action. The Minister can request a person to make a referral. If that person fails to comply with the Minister's request, the Minister can determine that the EPBC Act has effect as if a referral had been made. Following a determination, the Minister will then proceed to make a decision on whether the action is a controlled action. The making of this decision will be undertaken in accordance with the existing processes relating to whether approval is required under the EPBC Act.

The Federal Court may order that the action cease

Without the benefit of an approval under the EPBC Act, the Minister, or an interested person or a person acting on behalf of an un-incorporated organisation may apply to the Federal Court for an injunction to prevent the action from proceeding.

Remediation

Where a person contravenes the Act by taking an action that has, will have or is likely to have a significant impact on any matter of NES, including National Heritage values, the person may be required to meet the costs of remedying the damage to the environment or the matter of NES, and preventing future damage.

Thanks for your feedback.
Thanks! Your feedback has been submitted.

We aren't able to respond to your individual comments or questions.
To contact us directly phone us or submit an online inquiry

CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.

Please verify that you are not a robot.

Skip

Footer

  • Contact us
  • Accessibility
  • Disclaimer
  • Privacy
  • FOI
Last updated: 03 October 2021

© Department of Climate Change, Energy, the Environment and Water

We acknowledge the Traditional Owners of country throughout Australia and recognise their continuing connection to land, waters and culture. We pay our respects to their Elders past, present and emerging.