AustraliaI want to build on my property but there's a threatened species on it. Do I need approval?
Yes, you likely need federal and state approval before building if a threatened species is present on your land in Australia.
What the Law Says
Australia’s national environmental law prohibits actions that significantly impact threatened species without approval. Both federal and state laws apply, and penalties for non-compliance are severe.
Under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), it is illegal to take an action that has, will have, or is likely to have a significant impact on a listed threatened species or ecological community. This includes clearing vegetation, earthworks, or construction on land where such species occur.
The law applies even if the species is only occasionally present or if its habitat is degraded. 'Significant impact' is not defined by size or scale alone — it depends on context, including population status, habitat function, and recovery prospects.
You must refer your proposed action to the federal environment minister before starting any work. If the minister decides the action is a 'controlled action', you’ll need formal approval — which may involve assessment, public consultation, and conditions.
Statutory TextA person must not take an action that has, will have or is likely to have a significant impact on a listed threatened species or a listed threatened ecological community.
— Environment Protection and Biodiversity Conservation Act 1999 (Cth), s. 18(1) — Protection of threatened species
Statutory TextA person who contravenes subsection (1) is guilty of an offence punishable on conviction by imprisonment for not more than 7 years or a fine of not more than 1,000 penalty units or both.
— Environment Protection and Biodiversity Conservation Act 1999 (Cth), s. 18(2)
What to Do
Check the EPBC Act’s Species Profile and Threats Database (SPRAT) to confirm if a threatened species is listed on your property.
Contact your state or territory environment department — all states have their own threatened species laws requiring separate permits (e.g., NSW Biodiversity Conservation Act 2016).
Refer your proposed development to the Australian Government Department of Climate Change, Energy, the Environment and Water using the ‘Referral Form’ before any site works begin.
If referred action is deemed ‘controlled’, prepare a detailed referral or environmental assessment as directed by the department.
Allow time — federal referrals can take up to 20 business days for a decision, and full assessments may take months.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.