AustraliaA threatened species was found on my development site after approval was granted. Does this change anything?
Yes — finding a threatened species after approval may trigger new legal obligations under federal and state environmental laws, potentially requiring referral, assessment, or approval variation.
What the Law Says
Under Australia’s national environmental law, the discovery of a threatened species on an approved development site can legally change your obligations — even after approval has been granted.
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) applies to actions that are likely to have a significant impact on a matter of national environmental significance — including listed threatened species and ecological communities.
If such a species is found on your site after approval, and your proposed action (e.g., clearing, excavation, construction) is likely to significantly impact it, you must refer the action to the federal environment minister — even if state or local approval was already granted.
Failure to do so may mean your action becomes unlawful under the EPBC Act, exposing you to civil penalties or injunctions.
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 listed threatened species and ecological communities
Statutory TextIf a person proposes to take an action that the person thinks may have a significant impact on a matter of national environmental significance, the person must refer the proposal to the Minister.
— Environment Protection and Biodiversity Conservation Act 1999 (Cth), s. 75(1) — Referral of proposals
What to Do
Immediately stop any activity likely to impact the species until advice is obtained.
Within 10 days, refer the action to the federal Department of Climate Change, Energy, the Environment and Water using the online referral form.
Contact your state or territory environment agency — all states have their own threatened species laws (e.g., NSW Biodiversity Conservation Act 2016) that may also apply.
Seek expert ecological advice to confirm species identification and assess potential impact.
Work with regulators to determine whether your existing approval remains valid or requires amendment, suspension, or new conditions.
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.