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Environment and land law

Environment and land law

20 January 2026 - 15:58 | Version 20 | SamanthaWilson

Contributed by DavidMorris and current to 1 May 2016

This chapter covers those areas of law that regulate:

our interaction with the natural environment,
heritage places and objects, including underwater heritage,
NT-specific environmental matters including fishing regulations and bushfire management,
flora and fauna within a NT and a national context; and
water in the NT.

We will look at the procedures under law for protecting heritage, conserving our flora, fauna and water, procedures for responding to environmental damage and consideration of proposals that have, will have or are likely to have significant environmental impacts.

We will also look at what options are available for individuals and the community at large to contribute to decisions which may affect the environment and land in the NT.

Finally, we will examine the law in relation to the rights, duties and obligations owners and occupiers of land have in relation to land and water. This section will cover land generally in the Northern Territory including Aboriginal land.

Various pieces of legislation are referred to in this chapter. It is important to note there are often regulations and other statutory instruments made using powers in legislation. Regulations and statutory instruments are relevant in determining the true legal situation in any particular matter and should be read in conjunction with the primary legislation under which they are made. At the time of writing this Chapter, the Environment Protection and Biodiversity Conservation Act 1999 (Cth) had recently been amended with some amendments not yet commenced. Subordinate legislation including regulations and associated National Environmental Standards are being drafted and will come into effect at a later date. The information provided is correct at the time of writing but readers are advised to always check for the most recent amendments of the Act.

Protecting the environment

Environmental impact

What is it?
What laws regulate human interaction with the environment?
How can areas of environmental significance be protected?
How can you respond to environmental damage?
What action can you take in response to proposals for development that might cause significant environmental damage?

All human activity has environmental impacts. Not all impacts on the environment are necessarily bad or harmful. So how do we decide, first, what activities have the potential, or are likely, to cause environmental harm and second, at what level of harm should environmental protection measures be applied?

Environmental harm

The environment of the Northern Territory is regulated in both Commonwealth and Northern Territory legislation. A legal relationship exists between Commonwealth legislation, particularly the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) and the Northern Territory legislation in particular the Environment Protection Act 2019 (EP Act), Waste Management and Pollution Control Act 1998 (WMPC Act) and Water Act 1992 (NT). Other relevant legislation and subordinate legislation includes but is not limited to; Environment Protection Regulations 2020 (NT) (EP Regulations) and the Northern Territory Environment Protection Authority Act 2012 (NT) (NTEPA Act). Due to the complexities which may arise in environmental law matters, seeking specific legal advice will often be necessary. Various legal practices, including the Environmental Defenders Office have relevant expertise.

Section 6 of the EP Act and section 3 of the NTEPA Act defines 'environment' to mean all aspects of the surroundings of humans including physical, biological, economic, cultural and social aspects. Section 4 of the WMPC Act defines environment to mean land, air, water, organisms and ecosystems which includes the well-being of humans, structures made or modified by humans, the amenity values of an area, and the economic, cultural and social conditions.

The EP Act defines 'environmental harm' in section 7 to mean direct or indirect alteration of the environment to its detriment or degradation of any degree or duration, whether temporary or permanent'. The EP Act goes on to distinguish between material harm in section 8 that is environmental harm that is not trivial or negligible in nature and 'significant environmental harm' in section 9 which is environmental harm of major consequence having regard to the sensitivity, value and quality of the environment harmed and the duration, magnitude and geographic extent of the harm.

Northern Territory Environmental Protection Authority

The Northern Territory Environment Protection Authority (NT EPA) was established under the NTEPA Act in 2012. The NT EPA is an independent statutory corporation and is not subject to the direction or control of the Minister for Lands, Planning and Environment in exercising its powers or performing its functions under legislation. The NT EPA consists of the Chairperson of the NTEPA, the Chairperson of the Planning Commission and between 4-7 additional appointed members.

The NT EPA's objectives are to promote ecologically sustainable development, to protect the environment, to promote effective waste management and minimisation strategies and to enhance community and business confidence in the environmental protection regime of the Northern Territory. The NT EPA's functions and powers set out in section 8 of the NTEPA Act are advisory and include undertaking functions associated with environmental assessments and the management of waste and pollution. The NT EPA also has enforcement powers under relevant legislation. For example, issuing stop work notices under section 194 of the EP Act and issuing pollution abatement notices under section 77 of the WMPC Act. In accordance with section 8(3) of the NTEPA Act, the NT EPA must encourage community involvement and engagement and ensure their processes are transparent and consistent in order to provide greater certainty for businesses and the community.

More information regarding the NT EPA is available at its website: http://www.ntepa.nt.gov.au/

Environmental conservation

There are several pieces of legislation that aim to conserve the natural and human (built) features of the NT environment. Under NT legislation it is possible to protect:

areas of land and the natural environment on land;
aquatic and marine areas and coastlines, including shipwrecks;
sites and objects of historic significance, such as buildings and gardens;
sites and objects of historic, archaeological or scientific value, such as buildings, geological structures and fossils;
sites and objects of cultural significance, such as Aboriginal sacred sites and objects; and
native animals and plants.

The relevant pieces of legislation include NT laws, Commonwealth laws and international treaties. In this section we will examine these laws as categorised under three main headings:

protecting cultural and natural heritage,
protecting flora and fauna; and
protecting water.

The NT does not have a comprehensive environment and biodiversity conservation and protection act, unlike the Commonwealth which has the EPBC Act. The EPBC Act can be triggered for developments in the Northern Territory that have, will have or are likely to have the potential for a significant impact on specified matters of national environmental significance. On referral of the action, the Commonwealth Minister may decide that; the action is a controlled action subject to assessment and approval, the action is not a controlled action but that the action needs to be taken in a particular manner or that the action is not a controlled action if the action is taken in accordance with the referral.

Matters of national environmental significance (MNES) are the elements of the environment protected by the EPBC Act. These include matters such as:

declared World Heritage properties;
National Heritage places;
declared RAMSAR wetlands;
listed threatened species and communities (on the Commonwealth list of threatened or endangered species or communities);
listed migratory species;
nuclear actions;
actions in Commonwealth marine areas;
a water resource, in relation to unconventional gas development; and
matters involving the Commonwealth that are:

on Commonwealth land;
outside Commonwealth land but are likely to impact on Commonwealth land;
undertaken by the Commonwealth or an agency of the Commonwealth;
likely to have a significant impact on Commonwealth heritage values (of a place listed on the Commonwealth Heritage List).

Therefore, it is important when considering either taking an action that might have an impact on a matter of national environmental significance or a part of the environment protected by NT legislation or objecting to a proposed development to take into account both NT and Commonwealth law. The various pieces of legislation are discussed in more detail below.

Protecting heritage

Within the NT, objects and places of natural or cultural heritage are affected by three tiers of statutory regulation:

NT legislation;
Commonwealth legislation;
International law.

The three tiers can overlap so that the same place may be protected as Northern Territory heritage, appear on the National Heritage List (under Commonwealth Law) and be listed as 'World Heritage' on the international stage. Each tier is discussed in turn below.

NT legislation

Heritage conservation laws in the Northern Territory are found in the Heritage Act 2011(NT) (Heritage Act). Declaring a heritage place or object under the Heritage Act gives that place or object certain protections. The Heritage Act protects places that are on the Heritage Register by requiring anyone who wants to carry out works to apply for and obtain a works approval. Sites that are Aboriginal or Macassan archaeological places are automatically protected under section 17 of the Heritage Act because they have been declared by the legislation to be heritage places and do not need to be registered for protection. Registering a site or object will however give it greater protection practically because potential impact can be identified early.

Heritage is not defined in the Heritage Act, instead, heritage places and objects are defined in terms of their protected status under section 4. The Heritage Act establishes the Heritage Council, which has wide powers and functions, including conducting the assessment of heritage places and objects, providing ministerial advice, facilitating public education about the Territory’s cultural and natural heritage and to promote the public use and enjoyment of heritage places and objects. The Heritage Branch sits within the Department of Lands, Planning and Environment who are the Department responsible for administering the Heritage Act.

Making a nomination for inclusion on the NT Heritage Register

Under section 20 of the Heritage Act, anyone (including a group of people) is able to nominate a place or object to the Heritage Council for it to be assessed by the Heritage Council as a heritage place or object. The Heritage Council can also assess, on its own initiative, the heritage significance of a place or object under section 22.
An application must be set out in the nomination form available on the Heritage Branch website. It must be sent to the Heritage Council and an applicant should include enough information to allow an assessment to be made of the heritage values of the place including maps, plans, photographs, historical information and an assessment against the heritage criteria in section 11 of the Heritage Act. The nomination form is available here: Nominate a place or object to the Heritage Register | NT.GOV.AU
As soon as practicable after receiving an application for nomination, the Heritage Council decides whether the application for nomination is compliant and can be accepted for assessment of heritage significance. A nomination can only be refused if the place or object has already been the subject of an assessment in the last 5 years or if it is 'frivolous or vexatious' under section 21.
The Heritage Council assesses the heritage significance of the place or object nominated. The Heritage Council must use the heritage assessment criteria under section 11 of the Heritage Act to decide whether or not to declare a place or object as a heritage place or object.
The Heritage Council makes a decision about whether or not the place or object has heritage significance. It may take 6 months or more from the date of accepting the nomination for the Heritage Council to make the decision on the assessment. If the Heritage Council decides that a place or object has heritage significance, the Heritage Council prepares a statement of heritage values and gives this to the Minister for Lands, Planning and Environment. If the Heritage Council decides that the place does not have heritage significance, the Council is required to tell the person who made the nomination within 6 months of the nomination being accepted. The person who nominated the place has a right to apply to the Northern Territory Civil and Administrative Tribunal (NTCAT) for a review of the Heritage Council's decision.
Once the statement of heritage values is prepared, the Heritage Council must conduct a public consultation on the heritage significance of the place or object. The Heritage Council must:
1. Publish a notice on the Department of Lands, Planning and Environment website notifying the public where they can read the statement of heritage values and that they can make a written submission to the Heritage Council;
2. Give written notice to owners and occupiers of the place or owners of the object (as the case requires) and anyone else that the Heritage Council thinks is likely to be directly affected by a declaration that the place or object is a heritage place or object in accordance with section 26 of the Heritage Act. You can find notices on the Department of Lands, Planning and Environment website: Legislative notices | Department of Lands, Planning and Environment
Under section 26(2)(b) of the Heritage Act, people must make submissions to the Heritage Council about their views on the heritage significance of the place or object within 28 days of the publication of the notice.
Within 60 days of the end of the public consultation, the Heritage Council must decide whether or not to recommend to the Minister for Lands, Planning and Environment that the site or object should be declared as a heritage place or object. The Heritage Council must consider submissions made during the public consultation.
If the Heritage Council decides to recommend the heritage place or object should be declared, the Heritage Council makes a recommendation to the Minister for Lands, Planning and Environment. If the Heritage Council decides not to recommend the heritage place or object, certain people can appeal the decision to NTCAT (explained under 'appeals procedure', below).
If the place or object is recommended for declaration, the Minister for Lands, Planning and Environment must decide whether or not to declare the heritage place or object within 30 days after receiving the recommendation. If the Minister is satisfied that the place or object is of heritage significance and should be conserved, the Minister must permanently declare the place or object as a heritage place or object. If the Minister decides not to declare the place or object, certain people may have the right to apply to the Supreme Court of the Northern Territory to have the decision reviewed (explained under 'appeals procedure', below).

Provisional declaration orders

Provisional declaration orders can be used when both of the below situations occur:

where it is likely that a place or object is to be of heritage significance; and
where a declaration preventing damage is a necessary step to ensure its conservation (see section 36 of the Heritage Act).

Effectively, provisional declaration orders may authorise that certain work may be carried out on the place or object without a work approval or that a part of a heritage place or heritage object, can be removed (see section 38 of the Heritage Act).

The process of making a provisional declaration order is straightforward. The Minister simply declares in writing that a place or object is subject to a provisional declaration and places a notice of declaration in the Government Gazette. The Heritage Council must then assess the heritage potential of the place or object. Under section 39 of the Heritage Act, the provisional declaration is in place until a permanent declaration is made or the provisional declaration is revoked.

Protection of archaeological places and objects / Aboriginal or Macassan archaeological places and objects

Archaeological places and objects, as well as Aboriginal or Macassan archaeological places and objects, are automatically protected under the Heritage Act.

Under section 6 of the Heritage Act, ‘archaeological places' in the Northern Territory are protected because of their past use and under section 8 of the Heritage Act, ‘archaeological object’ is a relic found in an archaeological place in the Northern Territory. Aboriginal and Macassan archaeological places and objects, which are separately defined under the Heritage Act, are automatically declared to be heritage places and objects under sections 17 and 18 of the Heritage Act. Under section 114 of the HA. It is a criminal offence to knowingly discover any of the above places or objects without declaring them to the Chief Executive Officer.

Heritage offences

After a place or object has been declared of heritage value, under the Heritage Act it is an offence for a person to do the following without the permission of the Minister:

knowingly or unknowingly cause damage to a heritage place or object (see section 111(1));
knowingly or unknowingly remove a part of a heritage place (see section 112 (1)); or
knowingly or unknowingly remove a heritage object from the Territory (see section 113(1)).

Prosecution for the above offences can be brought by any person and the maximum penalty for the more serious offences is 400 penalty units (which during the 2025/26 financial year amounted to $75,600) or two years imprisonment.

Appeals procedure

Certain people are given rights to appeal particular decisions (see Schedule 1 and Schedule 2 of the Heritage Act). The below decisions can be reviewed in the Northern Territory Civil and Administrative Tribunal (NTCAT):

If the Heritage Council decides that a place or object is not of heritage significance, the person who made the nomination may seek review of the decision.
If the Heritage Council decides not to recommend declaration of a place or object, the nominee, an owner/occupier of the land, a person who holds a registered interest in the land or anyone who made submissions during the public consultation period may seek review of the decision.
If the Heritage Council or Minister for Lands, Planning and Environment makes a decision on an application for work approval, the applicant or owner of the heritage place or object may seek review of the decision.

An application for review of a decision to NTCAT must be made 28 days from the date of receiving the notice of the decision or 28 days of the date you became aware of the decision.

The below decisions made by the Minister for Lands, Planning and Environment can be appealed in the Supreme Court of the Northern Territory:

A decision not to declare a place or object to be a heritage place or object or a decision to permanently declare a heritage place or object may be appealed by the nominee, an owner/occupier of the land, a person who holds a registered interest in the land, the person in possession of the object or anyone who made submissions during the public consultation period.
A decision to provisionally declare a place or object to be a heritage place or object can be appealed by an owner/occupier of the land, a person who holds a registered interest in the land, the person in possession of the object or anyone who made submissions during the public consultation period.
A decision to revoke, or a decision not to revoke a declaration for heritage place or object may be appealed by an owner/occupier of the land, a person who holds a registered interest in the land, the person in possession of the object or anyone who made submissions during the public consultation period.
A decision to issue a repair order for a heritage place or object may be appealed by the owner of the heritage place or object.

An application to appeal a decision to the Supreme Court of the Northern Territory must be filed within 60 days of the decision.

Revoking the heritage status of places or objects

Under Part 2.4 of the Heritage Act, the Minister for Lands, Planning and Environment has the power to revoke declarations of heritage places and objects, which would mean that those places and objects lose their protected status. However, revocation of declared heritage places and objects can only occur after public consultation.

The Heritage Council must publish a notice telling people about the proposed revocation and inviting people to make submissions. Any person can make a submission to the Heritage Council within 28 days.

The Heritage Council must also notify the owner or occupier of the heritage place or object and anyone else the Council considers is likely to be directly affected if the declaration for the place or object is revoked.

The Heritage Council then must make a recommendation to the Minister for Lands, Planning and Environment as to whether or not the declaration about a heritage place should be revoked within 30 days after the public consultation period ends. When making its assessment on whether to recommend revocation, the Heritage Council:

must have regard to the heritage assessment criteria for the place or object,
must consider the submissions made to it in the public consultation period,
may carry out the research and make the inquiries it considers appropriate, and
may ask the owner of the place or object to give it information relevant to the assessment.

If the Minister for Lands, Planning and Environment decides to revoke the declaration of a heritage place, the revocation is published in the Government Gazette. The Minister must then cause to be published a notice of the decision on the website of the Department. Written notice also must be given to anyone who made a submission in the public consultation period and the owner or occupier of the heritage place or object within 7 days of the revocation being published.

Heritage agreements

An owner of a heritage place or object can make a heritage agreement with the Minister for Lands, Planning and Environment on behalf of the Northern Territory for the conservation, use and management of a heritage place or object under sections 68 and 69 of the Heritage Act. If the heritage agreement relates to land registered on the Land Title Register, the agreement can also be registered on the title on the Land Title Register and has the same effect as a covenant under section 70(3) of the Heritage Act. Section 68(2) of the Heritage Act requires the Minister to consider the advice of the Heritage Council before agreeing to the heritage agreement. Section 71 of the Heritage Act allows for a heritage agreement to be made for more than one heritage place or object.

Protection from work uses and works

A person (or company) may apply for approval from the CEO to carry out work on a heritage place or object under section 72 of the Heritage Act. It is an offence under Section 111 of the Heritage Act to do something which results in damage to a heritage place or object without a work approval, heritage agreement, repair order or other authority permitting the damage to occur.

Section 72(2) of the Heritage Act requires the person (or company) proposing to carry out works to obtain the consent of the owner of the land on which the heritage place is located before an application for a work approval can be made. The Heritage Council makes decisions about whether or not to grant work approvals for works that are not major work which, in accordance with section 4 of the Heritage Act, is work that would cause significant damage to a heritage place or object or significantly alter the heritage significance or a heritage place or object. The Minister for Lands, Planning and Environment makes decisions about whether or not to grant a work approval for major work. The Heritage Council must provide advice to the Minister on a decision to grant a work approval for major work. When deciding whether or not to grant a work approval, both decision-makers must consider certain matters:

the extent to which works would affect the heritage significance of the heritage place or object;
the extent to which the application, if refused, would affect the reasonable or economic use of the place, or cause a person financial hardship;
the advice of the Aboriginal Areas Protection Authority if the heritage place is, or the heritage object is in, an Aboriginal sacred site; and
any other matters relating to the conservation, use and management of the place that the decision-maker thinks is relevant.

For decisions about major works, the Minister for Lands, Planning and Environment must also take into account the advice of the Heritage Council.

Enforcement

Heritage officers have powers under the Heritage Act to enforce the law. Heritage officers also have the power to issue a 'stop work' order if they think that a person:

is carrying out, or is about to carry out works;
the work is a serious or imminent threat to the heritage significance of a heritage place; and
it is necessary to order the person to stop work or to prohibit the person from starting work in order to conserve the place.

The order is required to be confirmed by NTCAT, which must be sought by the heritage officer who issued the written order.

Additionally, section 86 of the Heritage Act empowers the Minister for Lands, Planning and Environment to issue a repair order, which requires the owner of a heritage place to do repair work for the conservation of a heritage place at their own expense. This can be issued if the Minister is satisfied that repair or maintenance work is required for the conservation of a heritage place or object.

Aboriginal heritage protection

As detailed above, Aboriginal heritage is protected under the Heritage Act. In addition, cultural heritage can also be protected under the Northern Territory Aboriginal Sacred Sites Act 1989(NT) (Sacred Sites Act).

The Sacred Sites Act protects Aboriginal sacred sites. Aboriginal sacred sites are sites that are sacred to Aboriginal people or which otherwise have significance according to Aboriginal tradition, or which is declared to be either. The Sacred Sites Act establishes:

a Register of Aboriginal sacred sites, on which custodians of sacred sites can apply to have sacred sites registered if they choose;
a procedure for people who want to enter onto, use, or carry out works on sacred sites, or for them to obtain approval from the Aboriginal Areas Protection Authority (AAPA) in the form of Authority Certificates;
a procedure for transferring existing Authority Certificates in relation to the same land, work or use of land to new persons;
criminal offences for desecrating a sacred site; using or carrying on work at a sacred site and entering onto sacred sites (whether they are on the Register or not); and
AAPA are an independent statutory body, led by an Aboriginal Board. AAPA facilitate discussions between custodians of sacred sites and persons or companies preforming or proposing to perform work on or near sacred sites (see section 10 of the Sacred Sites Act) and have the power to prosecute offences against the Sacred Sites Act.

Aboriginal sacred sites protected under the Sacred Sites Act are also capable of being protected as declared heritage places under the Heritage Act 2011 (NT). For more details on heritage protection under the Sacred Sites Act, please see “Aboriginal Land, native title and heritage, Indigenous Heritage Protection”.

Commonwealth legislation

In addition to the NT legislation that protects certain places and objects, Commonwealth legislation exists to protect culturally and historically significant objects and places.

Moveable cultural heritage

The Protection of Moveable Cultural Heritage Act 1986 (Cth) (PMCH Act) protects the moveable cultural objects that are important for ethnological, archaeological, historical, literary, artistic, scientific or technological reasons. It gives effect to Australia's agreement to the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970.

The PMCH Act establishes a National Cultural Heritage Committee, which advises the Commonwealth Minister about objects that should be included in or removed from the National Cultural Heritage Control List. On the National Cultural Heritage Control list are objects that constitute the moveable cultural heritage of Australia and are, therefore, subject to export controls. The list divides objects into Class A objects, which cannot be exported except where a certificate has been granted, and Class B objects, which can only be exported in accordance with a permit or certificate. You can find out more on the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts website: The National Cultural Heritage Control List | Office for the Arts

The decision of the Minister of the Arts to grant or refuse a permit or certificate may be appealed to the Administrative Review Tribunal under section 48 of the PMCH Act. The PMCH Act also establishes the National Cultural Heritage Account, which exists to facilitate the acquisition of Australian protected objects.

Under section 9 of the PMCH Act, it is an offence to export or attempt to export an Australian protected object, except in accordance with a permit or certificate, or to contravene or attempt to contravene a condition of a permit or certificate. The maximum penalty on conviction is 2000 penalty units for a body corporate and 1000 penalty units or imprisonment for five years, or both, for an individual. During the 2025/26 financial year the financial penalties amounted to between $330,000 - $660,000. The object must also be forfeited. To enforce the provisions of the PMCH Act, inspectors are given wide powers of search and arrest.

Aboriginal and Torres Strait Islander heritage protection

As detailed above, Aboriginal heritage is protected under Northern Territory laws. There are also two national laws that can protect Aboriginal and Torres Strait Islander heritage. These are:

the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP Act); and
the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

Protection under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)

The ATSIHP Act protects areas of land in Australia and in Australian waters that have particular significance in accordance with Aboriginal and Torres Strait Island tradition. Aboriginal tradition is defined as meaning the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of First Nations people.

This law provides powers to the Australian Government to make special orders, called declarations, and to protect significant Aboriginal areas from desecration if State or Territory laws are failing to provide protection. Before making a declaration to protect a significant Aboriginal area from desecration, the Commonwealth Minister must consult the appropriate Minister in the State or Territory the area is located in to determine whether there is a law in that State or Territory that could provide effective protection for the significant Aboriginal area. It is a criminal offence to do an act or omit to do an act that breaches a declaration about a significant Aboriginal area.

Desecration is defined in section 3 of the ATSIHP Act to mean:

an area or object is used or treated in a manner inconsistent with Aboriginal tradition;
the use or significance of the area is adversely affected by something done in, on or near to the area; or
passage through or over or entry upon an area occurs in a manner inconsistent with Aboriginal tradition.

The Commonwealth Minister for the Environment may make an emergency declaration to protect an area if requested by an Aboriginal or Torres Strait Islander person. Before an emergency declaration can be made to protect an area, the Commonwealth Minister must be satisfied that:

the area is a significant Aboriginal area (meaning there is a body of traditions, customs, observances and beliefs of Aboriginal persons that make the area significant); and
there is a serious or immediate threat of desecration.

Aboriginal persons or First Nations groups can also apply for the Commonwealth Minister to make a declaration to preserve an area or protect an area from desecration under section 10 of the ATSIHP Act. Before making a declaration to preserve or protect an area, a report must be prepared which:

deals with the particular significance of the area to First Nations people and the extent to which the area should be protected,
identifies the nature and extent of the threat of desecration and the effects of making the declaration on the interests of other persons,
recommends the restrictions which should be made with respect of the area and how long the declaration should be in place; and
has been published in the Commonwealth Government Gazette and the newspaper inviting interested persons to make submissions on the report for 14 days after publication.

In order to make a declaration to preserve or protect an area from desecration, the Commonwealth Minister must be satisfied that the area is a significant Aboriginal area, that the area is under threat of injury or desecration and they have received the abovementioned reports and any submissions made by interested persons.

Under section 18 of the ATSIHP Act, an authorised officer may make an emergency declaration to protect significant Aboriginal areas where the area is under immediate and serious threat of desecration. To make a declaration, the authorized officer must be satisfied that:

the area is a significant Aboriginal area (meaning there is a body of traditions, customs, observances and beliefs of Aboriginals that make the area significant),
the area is under serious and immediate threat of desecration; and
the desecration of the area is likely to occur before the Minister can make the declaration.

The Australian Government views its powers under the ATSIHP Act as a way to protect sites only after the Northern Territory processes have failed to do so. You can find out more here: The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 General Guide

The Department of Climate Change, Energy, the Environment and Water has information about Australia's Indigenous heritage laws and links to the guide on their website: Indigenous cultural heritage laws - DCCEEW

Protection under the Environment Protection and Biodiversity Conservation Act 1999 (Cth)

The Australian Government has powers under the EPBC Act to protect Aboriginal and Torres Strait Islander cultural heritage that is within:

declared world heritage properties,
national heritage places; and
natural, indigenous and historic heritage places on Commonwealth land.

A declared world heritage property is a property that is listed in the World Heritage List or which has been declared to be a world heritage property by the Minister for the Environment and Water. Uluru-Kata Tjuta National Park and Kakadu National Park are both listed on the World Heritage List. There are World Heritage criteria used to decide whether or not property should be declared as a world heritage property. Australian Government approval is needed before anyone can do anything that has, will have, or is likely to have, a significant impact on the cultural or natural heritage of a world heritage property. Information about the listing process for world heritage properties is available on the Department of Climate Change, Energy, the Environment and Water website: World Heritage listing process - DCCEEW

National heritage places are places on the National Heritage List. This includes natural, Indigenous and historic places that are of outstanding heritage value to the nation. Uluru-Kata Tjuta National Park and Kakadu National Park are also listed on the National Heritage List. Australian Government approval is needed before anyone can do anything that has, will have, or is likely to have, a significant impact on the national heritage values of a national heritage place. The Department of Climate Change, Energy, the Environment and Water website has a list of national heritage places which can be found on the National Heritage List: Australian Heritage Database

Natural, historic and Aboriginal and Torres Strait Islander cultural heritage places which are on Commonwealth lands and waters or under Australian Government control and identified by the Commonwealth Minister as having heritage values can be included on the Commonwealth Heritage List which can be found on the Department of Climate Change, Energy, the Environment and Water website: Australian Heritage Database

There are criminal offences for taking actions which have a significant impact on these places. The Commonwealth Government Department of the Environment is responsible for prosecuting breaches of the EPBC Act.

For more information about laws that protect Indigenous heritage visit the Commonwealth Department for Climate Change, Energy, the Environment and Water: First Nations heritage - DCCEEW

At the time of writing this Chapter, the EPBC Act had recently been amended with some amendments not yet commenced. Subordinate legislation including regulations and associated National Environmental Standards are being drafted and will come into effect at a later date. The information provided is correct at the time of writing but readers are advised to always check for the most recent amendments of the Act.

Underwater cultural heritage

The Underwater Cultural Heritage Act 2018 (Cth) (UCH Act) protects all types of underwater cultural heritage including historic shipwrecks, sunken aircraft and associated artefacts. All remains of vessels that have been in Australian waters and aircraft that have been in Commonwealth waters for 75 years are automatically protected under the UCH Act. Commonwealth waters are defined under section 13 of the UCH Act to include the territorial sea of Australia, the sea over the continental shelf of Australia and the seabed and subsoil of those waters. Australian waters are defined to mean Commonwealth waters and also includes NT coastal waters, which stretch from the low-water mark to 3 nautical miles from shore.

‘Underwater cultural heritage’ is defined in section 15 of the UCH Act as any trace of human existence that has a cultural, historical or archaeological character and is located underwater including sites, structures, artefacts, human and animal remains, vessels, aircraft which are found underwater. The UCH Act also defines ‘foreign underwater cultural heritage’ in section 9 to mean any article that had been in the water for at least 100 years and was the underwater cultural heritage of a foreign country at the time it was removed from the water.

Under section 17 of the UCH Act, the Commonwealth Minister may declare underwater cultural heritage to be protected if they are satisfied that articles such as the remains of a vessel or aircraft, or articles associated with the remains of a vessel or aircraft are of heritage significance through a notifiable instrument. You can find the Commonwealth Ministers declarations made by notifiable instruments Federal Register of Legislation - Instruments.

The Commonwealth Minister may declare an area containing protected underwater cultural heritage to be a protected zone. The declaration must specify conduct that is prohibited within the protected zone. In accordance with section 23 of the UCH Act a person may apply to the Commonwealth Minister for a permit authorising them to engage in specified conduct relating to specified protected underwater cultural heritage, a specified protected zone or specified foreign underwater cultural heritage. Permits are subject to statutory conditions as well as any imposed by the Commonwealth Minister. The Commonwealth Minister is the decision-maker on the grant of a permit. It is an offence under section 28 of the UCH Act for a person to breach the conditions of the permit and the penalty can be up to 120 penalty units or imprisonment for 2 years or both. It is also an offence, under section 36 of the UCH Act for a person to import an article of foreign underwater cultural heritage into Australia without a permit.

People are free to visit and enjoy the majority of Australia’s underwater heritage sites provided they:

do not disturb or damage underwater heritage and the surrounding environment,

do not remove artefacts or other articles from underwater heritage sites without a permit,

observe the requirements of protected zones and obtain a permit to enter a zone if necessary; and

provide authorities with a notification of any new underwater heritage discovery.

The Department of Climate Change, Energy, the Environment and Water has more information here: Important changes to the Protection of Australia’s Underwater Heritage: Sites - DCCEEW

International Law

The World Heritage list

The World Heritage provisions of the EPBC Act are aimed at conserving the parts of Australia that are considered to form part of the natural or cultural heritage of the world. The World Heritage provisions of the EPBC Act apply to Commonwealth, State and privately-owned property that is on the World Heritage List under Article 11 of the World Heritage Convention, or subject to a Ministerial declaration, which provides interim protection while a decision whether or not to include a property on the list is made or where the Minister is satisfied that some or all of the World Heritage values of the property are under threat.

There is no public nomination or consultation process for including properties on the list, although the Commonwealth Government must try to reach agreement with owners and occupiers of the land in question and with any relevant State or Territory government before it makes a submission to the World Heritage Committee.

Places in the NT which are listed on the World Heritage List include Kakadu National Park and Uluru-Kata Tjuta National Park.

Protecting flora and fauna

The protection of flora and fauna is achieved in two main ways:

by setting aside areas such as parks, reserves and wilderness zones where the natural environment is subject to various protections; and
by protecting particular plant and animal species.

The Territory Parks and Wildlife Conservation Act 2006 (TPWC Act) defines 'wildlife' as all 'animals and plants that are indigenous to Australia', together with migratory birds and any animal or plant which is prescribed by regulations. Section 43 of the TPWC Act then has the effect that all wildlife that is in a park, reserve, sanctuary, wilderness zone or area of essential habitat or is a vertebrate indigenous to Australia is protected wildlife in the Northern Territory.

Specific species can also be listed as threatened species, protected animals and classified species on lists maintained for the NT which can be found online here.The Minister for Lands, Planning and Environment must identify the conservation status of each species of wildlife in the NT and apply a classification to each. Before approving the classification of the conservation status of wildlife in the NT, under section 29 of the TPWC Act, the Administrator must be satisfied that the Minister for Lands, Planning and Environment:

gave notice to the public and provided the public 30 days to make submissions on the classification,
provided reasons and make them available for public inspection; and
considered any submissions made by the public during the consultation period.

The status of particular species within the NT may sometimes differ to their status in other States or at the national level. Wildlife which is classified as a threatened species on a national level under section 178 of the EPBC Act is discussed below.

Consequences of treating wildlife unlawfully

Under the TPWC Act, there are a number of criminal offences for treating wildlife unlawfully. These include:

Taking or interfering with protected or threatened wildlife without authorisation (see TPWC Act, section 66(1)). Taking means: in relation to an animal - to hunt, catch, restrain or kill, or attempt or assist to hunt, catch, restrain or kill, the animal; and in relation to a plant - to sever, remove, damage or destroy, or assist to sever, remove, damage or destroy, the plant.
A person having in their possession, or under their control, an animal that is protected wildlife without authorisation (see TPWC Act, section 66(2)).
Bringing protected wildlife into, releasing protected wildlife in, or take protected wildlife out of the Territory without authorisation (see TPWC Act, section 66(3)).
Taking or interfering with unprotected wildlife (i.e. wildlife that is not classed as 'protected wildlife') for commercial purposes without authorisation (see TPWC Act, section 67).
Directly or indirectly, altering, damaging or destroying an area or part of an area of essential habitat without approval (see TPWC Act, section 67C).
Taking, interfering with or removing wildlife in or from an area of essential habitat without authorisation (see TPWC Act section 67C(2)).
There are also offences for possession and control of items or animals in areas of essential habitat that are forbidden, such as a weapon that discharges a projectile or any kind of trap (see TPWC Act section 67C(3)).

NT legislation

The Parks and Wildlife Commission of the Northern Territory (Commission) are a statutory body, established under the Parks and Wildlife Commission Act 1980 (NT) responsible for promoting the conservation and protection of the natural environment of the NT. Under sections 71-73 of the TPWC Act, the Commission have the power to enter into agreements and make by-laws necessary or convenient to promote the conservation and protection of the natural environment of the NT. The Commission also have powers of enforcement under section 19 of the Parks and Wildlife Commission Act 1980 (NT).

Protected Areas

Regulation of the following areas is governed by the TPWC Act:

Territory parks and reserves,
wilderness areas or zones,
sanctuaries; and
areas of essential habitat.

Mining activities authorised under the Environment Protection Act 2019 (NT) (EP Act), Mineral Titles Act 2010 (NT) (MT Act), Petroleum Act 1984 (NT) (PA) or Petroleum (Submerged Lands) 1981 (NT) may be permitted in certain categories of parks and reserves, subject to obtaining an environmental approval. Other activities, such as excavations, building work, chopping down trees and removing timber, may only be carried out in accordance with a plan of management or permit. More restrictive controls apply to a wilderness zone where actions taken must be in accordance with the plan of management prepared by the Commission.

Parks and reserves

How are parks and reserves created?

The NT can buy land for the purposes of establishing a park or reserve however parks and reserves can be established whether or not a person, other than the Territory holds the title, right or interest in respect to that land. The NT can also create a park or reserve over Crown land or land owned by the NT. The purpose of the park or reserve may be provided in the notice, published in the Government Gazette declaring the area to be a park or reserve under section 12(3) of the TPWC Act.

The legal process for creating a park or reserve is as follows:

The Commission will prepare a report under section 14 of the TPWC Act about the proposed establishment of a park or reserve. If the land was not previously a park, reserve, conservation or wilderness zone the Commission must publish a notice of the report in the Government Gazette before providing the report to the Administrator.

The notice must state the nature of the report and any recommendations proposed to be made in the report and invite interested persons to make submissions about the report within 60 days after the notice is published in the Government Gazette.

The Commission must give due consideration to any public submissions they receive about the establishment of the park or reserve. The Commission will provide the report, together with the submissions, to the Administrator in accordance with section 14 of the TPWC Act.

The Administrator must consider the report.

The Administrator may then declare an area of land to be a park or reserve.

The Administrator can also declare that all or part of a park or reserve is a wilderness zone.

As soon as practicable after the park or reserve is declared, the Commission must prepare a plan of management in respect of the park or reserve and take into account representations from the public.

The process for creation of a joint management park is slightly different. Under sections 23A and 25AA of the TPWC Act the Minister for Parks and Wildlife may enter into a joint management agreement with traditional Aboriginal owners of a park or reserve for the park or reserve or an area adjoining a park or reserve. A joint management agreement establishes an equal partnership to manage and maintain the park or reserve to benefit the traditional Aboriginal owners, protect the biological diversity of the park and to serve visitor and community needs for education and enjoyment. The process to establish a joint management park is as follows:

The Minister will publish a declaration under section 24 of the TPWC Act in the Government Gazette revoking the declaration of a park or reserve and re-declaring the area to be a park or reserve.
The joint management partners make an agreement and prepare a joint management plan which contains all the required considerations under sections 25AE(2)-(3) and 25AD of the TPWC Act.
The draft joint management plan is then published in the Government Gazette along with an invitation for interested persons to make submissions in relation to the draft joint management plan for at least one month from the date of publication.
After considering submissions made by interested persons during the consultation period and amending the draft plan if appropriate, the joint management partners will then provide the draft plan to the Minister for Parks and Wildlife in accordance with section 25AD(4) of the TPWC Act.
The Minister for Parks and Wildlife must table the draft plan in the Legislative Assembly in accordance with section 25AF(2) of the TPWC Act. If the Legislative Assembly does not pass a resolution disallowing the plan within 7 sitting days, the joint management plan will come into effect.

There is no legal process for members of the public to apply for a park or reserve to be created. The status of land declared as a park or reserve can be revoked and the area within a park or reserve can be amended, but only by resolution passed by the Legislative Assembly.

What is protected?

Within a park or reserve, wildlife has legal protection and the land is generally protected from certain activities by creating a regime where certain activities are prohibited unless in accordance with a management plan or permit. Under section 17(3) of the TPWC Act, the following activities can only be done in accordance with the management plan for a park or reserve:

excavation;
building or construction;
carrying out works (such as engineering works that alter the landscape); and
timber felling and taking.

Under section 12(6) of the TPWC Act, parks and reserves includes any stream, lake or other water within the area, coastal areas and the sea above any part of the seabed of the Northern Territory. However, the status of a park or reserve does not protect land from exploration or mining. Exploration for, or recovery and processing of, minerals in accordance with the conditions of the mining interest, right or power under the Mineral Titles Act 2010 (NT) , Petroleum Act 1984 (NT) or Petroleum (Submerged Lands) Act 1981 (NT) is permitted in a park or reserve if the activity is conducted in accordance with the plan of management for the park or reserve. Additional legal processes apply before exploration and mining can be approved in these areas. Additionally, unless authorised to do so, it is an offence to take or interfere with protected wildlife.

The Commission also controls a large number of activities which may take place in parks or reserves through the Territory Parks and Wildlife Conservation By-Laws 1984. These By-laws control; making fires, depositing waste, trade and commerce, public events, the possession of weapons, explosives and traps, use of metal detectors, and chemical substances, interference with wildlife, disturbance of natural features, taking or pollution of water, fishing, introduction of plants and animals, public behaviour, use of portable generators, and public meetings. In general, these activities are prohibited unless a permit is obtained from the Commission or certain circumstances apply.

Management of parks and reserves

Parks and reserves are managed by the Commission unless there is a joint management agreement. The Commission must comply with the management plan for the park or reserve.

Plans of management for parks and reserves and public participation

Plans of management must be prepared as soon as a park or reserve has been declared. The Commission is responsible for preparing plans of management under section 18 of the TPWC Act. In preparing a plan of management, the Commission must have regard to:

for a park, the encouragement and regulation of the appropriate use, appreciation and enjoyment of the park by the public;

for a reserve, the regulation of the use of the reserve for the purpose for which it was declared in the notice published under section 12(3) of the TPWC Act; and

for both parks and reserves: the preservation of the park or reserve in its natural condition and the protection of its specific features including protection of objects and sites of biological, historical, paleontological, archaeological, geological and geographical interest; the protection, conservation and management of wildlife; and the protection of the park or reserve against damage.

The plan of management must contain a detailed description on how it is proposed the park or reserve will be managed. This description must include existing or proposed buildings, structures and facilities but exclude any new proposals for excavation, works or operations related to mining interests. A plan of management can also include the management of an area that is proposed to become a park or reserve but will not apply until that area becomes a park or reserve.

There is a process for public notification of a new plan of management and an opportunity for people to make comments on the plan under section 18 of the TPWC Act. The process for preparing and approving a management plan is:

The Commission prepares the plan of management as soon as practicable after the park or reserve is declared.

The Commission must notify the public that the plan of management has been prepared and invite people to make written comments (called representations) within 1 month of the notice.

The Commission must consider any written comments that it receives.

The Commission must give the plan of management together with written comments from the public to the Minister for the Administrator.

The Administrator may accept the plan of management or make alterations.

The plan of management must be laid before the Legislative Assembly.

If the Legislative Assembly does not pass a motion disallowing the plan of management within 7 days, then that plan comes into operation. If the Legislative Assembly passes a motion disallowing the plan of management, the Commission must prepare a new plan of management.

Plans of management can be amended but the public is not invited to comment on amendments to management plans. Plans of management can be revoked or amended with the Administrators acceptance. Existing management plans remain in force until new management plans come into operation.

Wilderness zones

When a park or reserve is established, the Administrator may declare that the whole or a specified part of the park or reserve is a wilderness zone. A wilderness zone is an area of a park or reserve that has to be maintained in its natural state and used only for the purposes specified in the management plan.

In a wilderness zone, certain activities can only be carried out in accordance with the plan of management or be carried out by the Commission under section 17 of the TPWC Act. These are:

excavation;
building or construction;
carrying out works;
timber felling and taking; and
establishing of tracks and using vehicles, aircraft or vessels.

Exploration activities in parks, reserves or wilderness zones

The status of land as a park, reserve or wilderness zone does not prevent exploration or mining. Exploration for, or recovery and processing of minerals in accordance with the conditions of the mining interest, right or power under the Mineral Titles Act 2010 (NT), Petroleum Act 1984 (NT) or Petroleum (Submerged Lands) Act 1981 (NT) is permitted in a park, reserve or wilderness zone. However, additional legal processes apply before exploration and mining can be authorised in wilderness zones.

Sanctuaries

Sanctuaries are areas of land that were originally established under the Wildlife Conservation and Control Act 1962. In accordance with section 25A of the TPWC Act sanctuaries established under the Wildlife Conservation and Control Act 1962 continue to be sanctuaries unless revoked under the TPWC Act. The Administrator can declare (by notice in the Government Gazette) the following to be sanctuaries:

any area of unoccupied Crown land in the Northern Territory; or
an area of land held in fee simple by the Conservation Land Corporation or in respect of which the Conservation Land Corporation holds a lease.

The Conservation Land Corporation are an independent statutory body established under Part IV of the Parks and Wildlife Commission Act 1980 (NT) for the purpose of buying, holding and releasing land to advance the Northern Territory’s economic and social development.

Under Part 3A of the TPWC Act It is an offence to; enter a sanctuary without an authorisation to do so, take a firearm or trap into a sanctuary, to capture, take or kill an animal in a sanctuary, fish in freshwater in a sanctuary, or take protected plants from a sanctuary without a permit. It is also an offence to take a plant on or from a sanctuary if the sanctuary was declared for the purpose of protecting that class or description of plants.

Areas of essential habitat

The Administrator may declare an area of land as an area of essential habitat if the area is essential for the survival of wildlife generally or certain species of wildlife. Land that is declared to be essential habitat must be used and enjoyed in a way that is consistent with the declaration made under section 37 of the TPWC Act. An area of essential habitat may be declared on Crown land or Aboriginal land, however cannot be declared on privately owned land.

Under section 37 of the TPWC Act, the declaration must:

describe the relevant area of land and specify the wildlife to which the declaration applies;
give the reasons for making the declaration;
give details of the objectives for, and proposed management of, the area; and
state that the land must be used in a manner consistent with the objectives of the declaration.

The declaration may also specify things, animals or plants that may not be taken into or out of the area of essential habitat; and activities that may not be carried out in the area unless authorised by the Director of Parks and Wildlife.

Before the Administrator can declare land to be an area of essential habitat:

The Director of Parks and Wildlife must invite written submissions from the owner or occupier of the Crown land or Aboriginal land where, in the opinion of the Director, their interests would be adversely impacted by the designation of the area as essential habitat and any other interested person.

Under section 38 of the TPWC Act, the notice is to include a description of the terms of the declaration and specify a date up to 28 days from the date of the notice in which the Minister will receive submissions.

The Minister for Parks and Wildlife must consider each submission and any other matter that comes to the Minister's attention. The Minister must then determine whether or not to make a recommendation to the Administrator and the contents of the recommendation.
If the Minister recommends that the area be declared an area of essential habitat, the Administrator may (by notice in the Government Gazette) declare the area to be an area of essential habitat.
In accordance with section 39 of the TPWC Act, the Director of Parks and Wildlife must give public notice of the declaration and serve a written notice within 7 days after the declaration is made on the owner or occupier of the land if the Director believes they may have an interest that is likely to be adversely affected by the declaration.

Under section 37(3) of the TPWC Act, the Minister for Parks and Wildlife also has emergency powers to create areas of essential habitat. If, in the opinion of the Minister, there is an area of land in which there is a species of wildlife that is likely to become extinct if not immediately protected, the Minister may (by notice in the Government Gazette) declare the area to be an area of essential habitat. When the Minister makes the emergency declaration of an area of essential habitat, under section 38 of the TPWC Act, the Minister must also invite the public to make written submissions on the declaration within 28 days after the emergency declaration has been made. After considering public submissions the Minister may vary or revoke an emergency declaration under section 38(3)(b) of the TPWC Act.

A declaration of an area of essential habitat has the effect of imposing a restriction on the use and enjoyment of land, the declaration is considered to be a statutory restriction and the Minister may lodge a memorandum with the Registrar-General for the declaration of the area of essential habitat to be entered into the land register under section 35 of the Land Title Act 2000 (NT).

Threatened species protection

The Minister for Parks and Wildlife is authorised under section 29 of the TPWC Act with classifying the conservation status of wildlife species in the NT. Species may be classified as ‘Least Concern’, 'Near Threatened’, ‘Vulnerable', ‘Endangered’, 'Critically Endangered’, ‘Extinct in the Wild’ and ‘Extinct’ in accordance with the International Union for Conservation of Nature’s Red List of Threatened Species classification system. They can also be classified as ‘Not Evaluated’ and ‘Data Deficient’.

The list of threatened species in the NT can be viewed at Threatened animals | NT.GOV.AU.

The Director of Parks and Wildlife is not allowed to issue a permit authorising the taking of or interference with threatened wildlife if the activity does not comply the objectives of a management plan or without the Minister's written approval under section 56 of the TPWC Act. Offences against threatened wildlife attract double the penalties that apply to those against protected wildlife.

Protected wildlife

All wildlife including plants, that are in a park, reserve, sanctuary, wilderness zone or area of essential habitat or are a vertebrate indigenous to Australia are protected wildlife under section 43 of the TPWC Act. Protected wildlife also includes threatened species and those prescribed by the Territory Parks and Wildlife Conservation Regulations 2001(NT) (TPWC Regulations). The Minister for Lands, Planning and Environment may also declare by notice that a species of wildlife is protected wildlife under section 43(3) of the TPWC Act.

Protected wildlife is protected on all land in the NT, although Aboriginal peoples' right to their traditional uses of animals and plants is preserved.

Under section 66 the TPWC Act it is an offence to, without authority:

take or interfere with protected wildlife;

to be in possession of an animal that is protected wildlife; or

to bring protected wildlife into, release protected wildlife in or take protected wildlife out of the Territory.

Offenders can be fined and imprisoned. A person who has been charged with taking or interfering with protected wildlife has a defence if the offence occurred as a result of the defendant's reasonable use and enjoyment of the land and was not the result of negligence.

A person can apply to the Director of Parks and Wildlife for permits to keep protected wildlife (including crocodiles), take or interfere with protected wildlife or import or export wildlife. You can find out more about wildlife permits on the Department of Parks and Wildlife website: Wildlife permits | NT.GOV.AU

The Minister for Lands, Planning and Environment may declare that it is lawful to keep, bring into, release in or take out of the Territory or kill animals of a specified animal species of protected wildlife by notice in the Government Gazette. The Director of Parks and Wildlife may grant permits that authorise a broad range of activities which would otherwise be offences under the TPWC Act.

Wildlife not treated as protected wildlife under the TPWC Act

Wildlife that is not included in the definition of protected wildlife is still protected to the extent that the TPWC Act makes it an offence for a person to take or interfere with unprotected wildlife for commercial purposes without the proper authority to do so. But unprotected wildlife does not have the additional protections of the TPWC Act described above. Fines and imprisonment may apply for taking or interfering with any wildlife.

Feral animals

The Minister may, by putting a notice in the Government Gazette, declare a species of animal to be a feral animal and an area of land to be a feral animal control area if they believe the wildlife or an area of habitat, ecosystem, vegetation or landscape is or soon will be threatened by a particular feral species under sections 47 and 48 of the TPWC Act.

The Director of Parks and Wildlife may require the owner or occupier of land in a feral animal control area to take measures for the control or eradication of the feral species under section 49 of the TPWC Act. Fines apply for failure to comply.

It is an offence to release a feral animal in the NT under section 67A of the TPWC Act. Fines and imprisonment apply.

Prohibited entrants

Vertebrate animal species that are not indigenous to the NT are prohibited entrants, meaning they cannot be brought into the NT. This prohibition does not apply for vertebrate animal species that are deemed not to be prohibited entrants under the Schedule 1 of the Territory Parks and Wildlife Conservation Regulations 2001 (NT) (this covers dogs, cats and some birds).

The Minister can, by publishing a notice in the Government Gazette declare additional prohibited entrants. If a prohibited entrant escapes or is released or permitted to escape the animal is taken to be a feral animal under the TPWC Act and Regulations.

Under section 67B of the TPWC Act it is an offence to:

bring a prohibited entrant into the NT,
be in possession of a prohibited entrant,
release a prohibited entrant in the NT; or
take a prohibited entrant out of the NT.

Fines and imprisonment apply for breaches.

Management programs

The Commission can formulate and implement management programs for the management of wildlife, feral animals and prohibited entrants. Wildlife management programs are formulated and implemented for the protection, conservation, sustainable use, control and management of wildlife.

Fish and marine life

The protection and regulation of fish and other marine life takes place under the Fisheries Act 1988 (NT) (Fisheries Act), the Fisheries Regulations 1992 (NT) and individual Fishery and Reserve Management Plans. Recreational and commercial fishermen can obtain information about open seasons, size limits, bag limits and restrictions on the use of equipment from the Department of Agriculture and Fisheries: Fisheries | Department of Agriculture and Fisheries.

The Fisheries Act regulates, conserves and manages fisheries and fishery resources to ensure their sustainability. It also regulates the sale and processing of fish and aquatic life. Section 4 of the Fisheries Act defines ‘fish’ to mean any species or class of fish, including crustaceans (such as crabs), echinoderms (such as sea cucumbers, sand dollars and star fish) and molluscs (such as oysters), and includes aquatic animals, other than birds, that have been declared by the Minister for Agriculture and Fisheries to be a fish for the purpose of the Fisheries Act. The definition includes fish eggs, fry, spat or larva, the dead body of a fish or part of it, and the shell or exoskeleton of a crustacean, echinoderm or mollusc or part of it.

Aquatic life is defined in section 4 of the Fisheries Act as any species of plant or animal life (except birds) that at any time in its life must inhabit water. The definition includes parts of such plants or animals. It does not include fish or aquatic life that has been declared as exempt from the Fisheries Act by the Minister for Agriculture and Fisheries.

The Fisheries Act applies within the territorial limits of the NT, that is, from the low water mark to three nautical miles from the coast.

The Fisheries Act prohibits a range of activities unless a licence has been obtained, including:

the taking of any fish or aquatic life for sale or for aquaculture (including farming, culturing or breeding fish for the purposes of trade, business or research) or for the purpose of exhibiting the fish or aquatic life for profit;

undertaking aquaculture (including farming, culturing or breeding fish for the purposes of trade, business or research);

selling live fish or aquatic life or processing dead fish or aquatic life for sale; and

exhibiting fish or aquatic life for profit.

Recreational Fishing

A person does not need a licence to fish for recreational purposes in the NT. However, under section 10 of the Fisheries Act, a person is not to take fish or aquatic life for sale or profit unless the person does so under and in accordance with a licence. There is a maximum penalty of 200 penalty units, or two years imprisonment.

Limits on possession of fish and other species

There are limits applying on the number of fish a person can have in their possession. The following information is available on the NT Government website here: Possession limits for fish | NT.GOV.AU

A possession limit is the maximum number of fish each person may have in possession at any time, other than in their place of permanent residence. It is not a boat limit, a trip limit or a daily limit.
A person is deemed not to have taken, or to be in possession of a fish if, as soon as practicable after they catch it (allowing for it to be detached from the line, measured, weighed in a landing net or photographed), the person releases it to the water with as little injury as possible to the fish.

Some special fishing controls apply in the following areas and care should be taken fishing (visit Rules for fishing in specific areas | NT.GOV.AU for more information):

Various Aquatic Life Reserves (near Darwin).
Kakadu National Park.
Daly River Fish Management Zone.
Mary River Fish Management Zone.
Tiwi Islands.
Macarthur River and Sir Edward Pellew Islands.

Reasons for having possession limits for recreational fishing

Possession limits are a key management tool used to:

Help keep recreational catches at a sustainable level,
Share catches equitably among the fishery sectors,
Reduce the potential for localised overfishing; and
Help eliminate the illegal sale of fish.

General personal possession limit

Recreational fishers must observe a general personal fish possession limit in the Northern Territory. A person may not possess more than 15 fish or the equivalent of 15 fish whether the fish are whole, trunked, filleted, diced, minced or a combination of those. The NT Government website provides more information here: Possession limits for fish | NT.GOV.AU.

The general possession limit enables each person to possess up to15 fish in total. The following 'at risk' species must be limited to the number specified:

3 Golden Snapper
2 Black Jewfish
5 Barramundi
3 King Threadfin
3 Mangrove Jack
2 Spanish Mackerel
10 Red Snappers - Saddletail, Crimson, Indonesian
5 Tricky Snapper (Grass Emperor)
5 Stripey Snapper (Spanish Flag)
5 Russels' Snapper (Moses Perch)
5 Tuskfish
5 Coral Trout
5 Red Emperor
5 Cod and Groper
3 sharks (excluding protected species)
1 Marlin and Sailfish
15 Bream

In addition to the 15 fish in total limits, each person may possess up to:

10 mud crabs
30 crabs (other than mud crab)
30 freshwater crustaceans - cherabin and /or redclaw
5 tropical rock lobster
50 whiting and/or mullet and/or garfish (combined)
100 pilchards and/or sardines and/or herring (combined)
10 L of molluscs (in shell)
10 L saltwater prawns (all species combined)
30 octopus, cuttlefish and squid (combined)

Vessel limits for recreational fishing

The below limits on taking fish relate to the number of people onboard a recreational fishing vessel:

Vessels with 4 or less people on board, each person may take their allocated quota, as above.
Vessels with 5 - 7 people on board, each person can take a maximum of 4 times the personal possession limit of designated 'at risk' species. The balance can consist of the second list, as above the rest of the general possession limit may include other fish.
Vessels with over 8 or more people on board may take a maximum of 8 times the personal possession limit of designated 'at risk' species. The balance of the general possession limit can consist of the second list, as detailed above the rest of the general possession limit may include other fish species.

While these are the maximum possession limits, you should only take what you need. Further there are specific limits on managed species of fish.

Protected species

Under the Fisheries Regulations 1992 (NT), you must not be in possession of species of fish protected under the TPWC Act, including:

All species of cod / groper longer than 1.2 metres;

Sawfish, Northern River and Speartooth Sharks; and

Giant Clams.

Protected species must be released unharmed. Regulation 10 of the Fisheries Regulations specifies that a person must not take (as by-catch or otherwise) any fish or aquatic life which is a protected species under the TPWC Act. You can find out more on the NT Government website here.

Consequences of contravening fishing laws

Consequences of contravening the Fisheries Act vary, depending on the nature of the offence. These are set out in detail at Schedule 6 of the Fisheries Regulations 1992 (NT). In addition, under Regulation 10A of the Fisheries Regulations 1992 (NT), it is an offence to fish in a protection area described in detail at Schedule 1AB. Prior to fishing, refer to the Fisheries Regulations 1992 (NT)and fish within the restrictions.

Fisheries Management Plans

The Department of Agriculture and Fisheries develop fisheries management plans to conserve, enhance, protect, use and manage the fish and aquatic life resources in the NT to:

promote, develop and maintain Aboriginal, commercial and amateur fishing;
provide for optimum yields and maintain quality of the yields;
ensure that fisheries are not endangered or over-exploited;
encourage tourist and scientific interest in fish and aquatic life; and
ensure that the habitats of fish or aquatic life and the general environment are not detrimentally affected.

To prepare these plans, the Minister for Agriculture and Fisheries can establish and appoint members to an advisory committee for each management area or managed fishery. The Director of Fisheries must prepare a proposed plan for the whole or part of the management area or managed fishery for the purposes set out above. Schedule 2 of the Fisheries Act comprehensively sets out the matters that may be provided for in a fisheries management plan. Every proposed plan must be submitted to the Minister and, if there is agreement in principle with the plan, it must be publicised in the Government Gazette and newspapers circulating in the NT. Within a month after the notice of the proposed plan is published, the Minister for Agriculture and Fisheries may make any amendments to the plan the Minister thinks fit or approve the plan after considering any submissions in relation to the proposed plan.

Management plans are legally binding and have the force and effect of a statutory regulation made under the Fisheries Act. Management plans can include restrictions on the species of fish that may be taken and the number of licences that may be issued, catch quotas and size limits. Management plans can also impose penalties for prohibited conduct, for instance clause 10 of the Barramundi Fishery Management Plan 1998 (NT) imposes a maximum penalty of 40 penalty units for barramundi licensee’s who take or possess a barramundi measuring over 55cm in length, The following fishery management plans are available at Fisheries compliance | NT.GOV.AU:

Barramundi Fishery Management Plan.
Doctors Gully Aquatic Life Reserve Management Plan.
Mud Crab Fishery Management Plan.
Pearl Oyster Culture Industry Management Plan.
Spanish Mackerel Fishery Management Plan.

The Register

Under section 117A of the TPWC Act the Director of Parks and Wildlife must keep at the principal office of the Commission a register in which is to be recorded the details of the following:

areas of essential habitat,
management programs,
classifications of wildlife; and
feral animal control areas.

At the principal office the Director must also keep:

a copy of the classification of wildlife,
a list of threatened species,
a list of protected animals,
a list of feral animals,
a list of prohibited entrants,
a list of animals that are not prohibited entrants,
a copy of the declarations of areas of essential habitat and feral animal control areas; and
a copy of the management programs.

Any member of public can inspect the register during business hours. The principal office of the Commission is located in Palmerston at Level 4, 25 Chung Wah Terrace, Palmerston. The information is also available at the Parks and Wildlife Commission's website here: Animals | NT.GOV.AU.

Bushfire control

The Northern Territory Fire and Emergency Service (NTFES) together with Bushfires NT, are responsible for managing bushfires in the Northern Territory. The Bushfires Management Act 2016 (NT) (Bushfires Act) also establishes the Bushfire Council whose role is to advise the Minister for Fire and Emergency Services on measures to be taken to mitigate, manage and suppress bushfires in the NT.

The Bushfires Act establishes the following structure to provide for the protection of life, property and the environment through mitigation, management and suppression of bushfires;

Bushfires NT whose purpose is to assist the Minister for Fire and Emergency Services consists of the CEO, Executive Director, chief fire control officer, senior fire control officer and fire control officers.

The functions of the Executive Director of Bushfires NT include implementing measures for the mitigation, management and suppression of bushfires, assisting the Bushfire Council and regional committees to perform their duties and determine how Government-funded firefighting assets are allocated amongst volunteer bushfire brigades.

The Chief fire control officer is responsible for managing the operational activities of Bushfires NT with the assistance of the senior fire control officers.

Bushfires Council is established to advise the Minister for Fire and Emergency on measures to be taken to mitigate, manage and suppress bushfires in the NT. The Bushfires Council consists of 9 members and there must be at least one member from each regional committee appointed to the Bushfires Council.

Regional bushfire committees are established for each fire management zone to make recommendations to the Bushfires Council on measures to be taken to mitigate, manage and suppress bushfires within their zone and to endorse regional bushfire management plans.

Volunteer bushfire brigades may be established by the Minister for Fire and Emergency and the Executive Director. You can find details for each volunteer bushfire brigade here: Contact a volunteer bushfire brigade | NT.GOV.AU

The Executive Director may appoint a person over the age of 16 years to be an authorised bushfire volunteer.

The Bushfires Act provides for the declaration of the following fire zones and areas to be managed accordingly:

‘Fire Protection Zones’ have boundaries that typically exist around population centres of the NT and there are different responsibilities for landholders within these zones. Section 56 of the Bushfires Act empowers the Minister to decare any land to be a fire protection zone by publishing a notice in the Government Gazette. Landholder responsibilities include the preparation of firebreaks on their land and management of fuel loads. Under section 70A of the Bushfires Act, it is an offence to fail to comply with a notice or fire management plan in a fire protection zone. Offenders may be fined 200 penalty units (which, during the 2025/26 financial year, amounted to $37,800) or be sentenced to two years imprisonment.

‘Fire Management Zones’ are declared across the NT and each of the 5 zones has a bushfire management plan in place developed by the Regional bushfire committees. Section 58 of the Bushfires Act empowers the Minister to declare any land to be a fire management zone by publishing a notice in the Government Gazette.

‘Fire Management Areas’ are declared by the Minister for a specified period of time for the purpose of requiring owners and occupiers within the fire management area to establish a fire management plan. Section 60 of the Bushfires Act empowers the Minister to declare any land to be a fire management area by publishing a notice in the Government Gazette.

‘Fire Danger Areas’ may be declared by the Executive Director of Bushfires NT under section 62 of the Bushfires Act for a specified period of time over all or part of the NT when it is determined that fuel loads and weather conditions have created dangerous fire conditions. Once a fire danger area is declared, the Minister may declare certain controls apply to the fire danger area under section 71 of the Bushfires Act. The declaration of a fire danger area will be published in either a newspaper in the Territory, radio or television, roadside message boards or on the Secure NT website found here: Fire danger periods | Secure NT

‘Fire Ban Areas’ for parts of all of the NT may be declared by the Executive Director for a period not exceeding 24 hours referred to as the ‘fire danger period’ under section 65 of the Bushfires Act. During this time, it is an offence to intentionally light a fire in the open area and permits to light fires are suspended. If a person is unable to extinguish a fire in a fire ban area, the person must notify a fire control officer or fire warden without delay.

‘Emergency Response Areas’ are declared under the Fire and Emergency Act 1996 (NT) for operational and emergency response activities. The NTFES manage Emergency Response Areas including; Greater Darwin Region, Batchelor, Adelaide River, Pine Creek, Katherine, Mataranka, Tennant Creek, Ti Tree, Alice Springs and Yulara.

Responding to bushfire incidents

The chain of command in responding to bushfires descends from the Chief fire control officer to the Senior fire control officer to the fire control officers to the fire wardens and to the authorised bushfire volunteers. An authorised bushfire volunteer only has the power to do a thing or exercise a power if directed by a person with the power to do that thing.

Permits

Under section 46 of the Bushfires Act, fire wardens and fire control officers have the power to issue or refuse to issue permits to light a fire in the open air on land within a fire protection zone or within a fire danger area during a fire danger period. If the fire control officer or fire warden refuses to issue the permit, the applicant may appeal the decision to the Executive Director of Bushfires NT within 7 days of receiving the notice of refusal.

Commonwealth legislation

Australia's national environmental law, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), requires that a person must not take an action that has, will have, or is likely to have a significant impact on a matter of national environmental significance unless the action is taken with Commonwealth Government approval. The EPBC Act sets up a process for assessing the impacts of proposed actions. At the time of writing this Chapter, the EPBC Act had recently been amended with some amendments not yet commenced. Subordinate legislation including regulations and associated National Environmental Standards are being drafted and will come into effect at a later date. The information provided is correct at the time of writing but readers are advised to always check for the most recent amendments of the Act.

In all cases where an action that has, will have, or is likely to have a significant impact on a matter of national environmental significance, the person (or company) proposing to take the action must submit a referral to the Commonwealth Minister. Under section 523 of the EPBC Act, ‘action’ means any project, development, undertaking or any activity or series of activities. If an action is decided to be a controlled action it must be assessed and requires approval (where conditions can be applied) to proceed. If an action is referred and decided to not be a controlled action, it does not require EPBC Act assessment and approval.

Matters of national environmental significance

The EPBC Act sets out the matters of national environmental significance, as follows:

World heritage properties such as Kakadu National Park and Uluru-Kata Tjuta National Park.
National heritage places such as Hermannsburg Historic Precinct (near Alice Springs), Kakadu National Park, Wave Hill Walk Off route and Uluru-Kata Tjuta National Park.
Ramsar wetlands of international importance, for example the Cobourg Peninsula and Kakadu National Park.
Listed threatened species and listed threatened ecological communities. For example, masked owl (Tiwi Island), northern quoll, freshwater and largetooth sawfish.
Listed migratory species. For example the dugong.
Nuclear actions (including uranium sites).
Commonwealth marine areas.
The Great Barrier Reef Marine Park.
A water resource, in relation to an unconventional gas development and large coal mining development.

Referral of actions

A person (or company) proposing to take the action that has, will have, or is likely to have a significant impact on a matter of national environmental significance, must submit a referral to the Commonwealth Minister under section 68 of the EPBC Act. A referral is a written document that explains what the proposed action is and whether or not the person taking the action believes that it has, will have, or is likely to have, a significant impact on a matter of national environmental significance.

A significant impact is an impact which is important, notable or of consequence, having regard to its context or intensity. There is no statutory definition of ‘significant impact’ contained within the EPBC Act. More information can be found in the significant impact guidelines available: Matters of National Environmental Significance: Significant Impact Guidelines 1.1

Public comments on referral

Under section 74(3) of the EPBC Act, anyone has the right to make comments on a referral within 10 business days. This deadline is strict, so it is important to make comments within 10 days. Referral documents can be viewed online on the Department of Climate Change, Energy, the Environment and Water’s EPBC Act Public Portal available here: All referrals - EPBC Act Public Portal.

The Department of Climate Change, Energy, the Environment and Water has guidance on how to search for referral documents and how to make comments available here: Public comments and decisions on actions referred under the EPBC Act - DCCEEW

Decision on referral

Under section 75 of the EPBC Act, the Commonwealth Minister makes decisions about whether a referred action has, will have, or is likely to have, a significant impact on a matter of national environmental significance. The Commonwealth Minister must take into account any public comments received on the referral under section 75 of the EPBC Act.

The Commonwealth Minister may decide:

that the action is clearly unacceptable under section 74B of the EPBC Act as the action would have unacceptable impacts on matters of national environmental significance;
that the action is a controlled action under section 75(1) of the EPBC Act – meaning that the proposed action has, will have or is likely to have a significant impact on a matter of national environmental significance and will need to be assessed for its environmental impacts;
that the action is not a controlled action provided it is taken in a particular manner under section 77A of the EPBC Act, meaning that the proposed action will not have a significant impact provided that it is done according to the conditions set by the Minister; or
that the action is not a controlled action meaning the action does not have, will not have and is not likely to have a significant impact on a matter of national environmental significance and can proceed without any further Commonwealth environmental assessment or approval.

It is an offence under section 74AA of the EPBC Act to take an action while the decision-making process on a referral is still taking place.

Form of environmental assessment

If the Commonwealth Minister decides the proposed action is a controlled action, the action will require an environmental assessment. Section 87(1) of the EPBC Act identifies the following types of assessments:

accredited assessment process,
assessment on referral information only,
assessment on preliminary documentation,
public environment report,
environmental impact statement, and
public inquiry.

Approval

At the end of the environmental impact assessment process, the Commonwealth Minister decides whether or not to approve the controlled action and whether to impose conditions on the action if it is approved. The conditions imposed by the Minister are an important tool to manage impacts of an action on matters of national environmental significance and are a key output from the assessment process. The conditions imposed can arise from public comments around impacts to matters of national environmental significance from the action.

In accordance with section 136 of the EPBC Act, when determining whether to approve a controlled action, the Commonwealth Minister must consider:

matters relevant to the impacts on each matter of national environmental significance where the matters of environmental significance are impacted,
economic and social matters,
the principles of ecologically sustainable development,
the environmental assessment material and any subsequent reports,
public comments and any comments submitted by the proponent; and
comments from other Commonwealth Ministers.

The Minister may also consider whether the proponent is a suitable person to be granted approval having regard to their history in relation to environmental matters.

The Commonwealth Minister must not make a decision which may be inconsistent with Australia's international obligations such as obligations under the World Heritage Convention or Australia’s obligations under the Ramsar Convention (see sections 137(a), 138).

Challenging decisions

A decision of the Commonwealth Minister that an action is not a controlled action or to approve a controlled action can only be challenged in a court through judicial review.

Section 3(4) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) and section 487 of the EPBC Act sets out the people, called 'person aggrieved', who can apply for a judicial review of a decision by the Minister. A person aggrieved by a decision is:

A person whose interests are affected by the decision or whose interests would be affected if a decision made by way of a report or recommendation was not made.
A person who is aggrieved by conduct that was engaged in for the purpose of making a decision or a failure to make a decision in relation to the matter.
In the case of an individual, an Australian citizen or a person who normally resides in Australia or an external Territory and who at any time in the previous 2 years has engaged in activities in Australia or an external Territory to protect, conserve or research the environment.
In the case of an organisation, an organisation or association is incorporated or otherwise established in Australia or an external Territory; and at any time in the previous 2 years has engaged in activities in Australia or an external Territory to protect, conserve or research the environment; and at the time of the decision, the objects and purposes of the organisation or association included to protect, conserve or research the environment.

Protected species

Similar to the scheme for the protection of flora and fauna in the NT, under the EPBC Act, nationally listed threatened species and listed migratory species are protected from being killed and injured in Commonwealth areas. They are also protected no matter where they are in Australia because, under the EPBC Act, any action that has, will have or is likely to have a significant impact on a nationally listed threatened species or listed migratory species is subject to the Commonwealth environmental impact assessment and approval mechanisms (see above).

Lists of nationally listed threatened species can be seen on the Department of Climate Change, Energy, the Environment and Water’s website: Approved lists under the EPBC Act and nominating something for listing - DCCEEW

Lists of nationally protected migratory species can be seen on the Department of Climate Change, Energy, the Environment and Water’s website: SPRAT EPBC Migratory List.

The Commonwealth Minister is responsible for deciding whether to have a recovery plan for a listed threatened species or a listed threatened ecological community. To fulfil Australia's international obligations under the Convention on International Trade in Endangered Species of Wild Flora and Fauna (the CITES Convention), Part 13A of the EPBC Act contains a legal regime for regulating trade in nationally and internationally regulated and listed threatened species.

You can find our more about how Australia implements obligations under the CITES Convention on the Department of Climate Change, Energy, the Environment and Water’s website: Convention on International Trade in Endangered Species of Wild Fauna And Flora (CITES) - DCCEEW

Consequences of contravening the EPBC Act

Matters that are protected by the EPBC Act are strictly controlled by the Environment Protection and Biodiversity Conservation Regulations 2025 (Cth) (EPBC Regulations). The EPBC Regulations additionally set out criteria for assessment; for example, Division 5.2 and Schedule 4 set out matters to be addressed in draft public environment reports and environmental impact statements.

The EPBC Act and the EPBC Regulations together create a protective framework and contravening the specific requirements of the EPBC Act and the EPBC Regulations may result in an offence. For example, it is an offence to sell liquor in Kakadu National Park under regulation 12.37 of the EPBC Regulations and persons who contravene this regulation are liable to pay up to 50 penalty units. During the 2025/26 financial year this amounted to $16,500.

The Department of Climate Change, Energy, the Environment and Water website provides detailed information about the ways the EPBC Act and framework is enforced. The Compliance and Enforcement Policy can be accessed here: Compliance Policy - DCCEEW

Compliance mechanisms

Compliance mechanisms vary depending on the nature of the offence. You can find out more on the Department of Climate Change, Energy, the Environment and Water website accessed here: Compliance and enforcement - DCCEEW.

Strict civil or criminal penalties can apply to individuals and corporations that contravene environmental approvals under the EPBC Act - including giving false or misleading information when obtaining an approval (see section 489 of the EPBC Act).

Under Part 3 of the EPBC Act taking action that has, will have or is likely to significantly impact a matter of national environmental significance without first obtaining an approval may result in a civil penalty of up to 5,000 penalty units for an individual (during the 2025/26 financial year this amounted to $1.65 million) and 50,000 penalty units for a body corporate (during the 2025/26 financial year this amounted to $16.5 million), or a criminal penalty of seven years imprisonment and/or a fine of 420 penalty units (during the 2025/26 financial year this amounted to $138,600).
Taking action that has, will have or is likely to significantly impact a matter on Commonwealth land without first obtaining an approval may result in a civil penalty of up to 1000 penalty units for an individual (during the 2025/26 financial year this amounted to $330,000) or up to 10,000 penalty units for a body corporate which during the 2025/26 financial year this amounted to $3.3 million), or a criminal penalty of up to two years imprisonment and/or a fine of 120 penalty units (during the 2025/26 financial year this amounted to $39,600) (see sections 26 and 27A of the EPBC Act).
Taking, or failing to take, an action that results in contravening a condition of the approval may result in a civil penalty of up to 1000 penalty units for an individual (during the 2025/26 financial year this amounted to $330,000) or up to 10,000 penalty units for a body corporate, or a criminal penalty of up to two years imprisonment and/or a fine of up to 120 penalty units (during the 2025/26 financial year this amounted to $39,600) (see sections 142 and 142A of the EPBC Act).
Providing false or misleading information during the approval process may result in a criminal penalty of up to two years imprisonment and/or a fine of up to 120 penalty units which, during the 2025/26 financial year, amounted to $39,600 (see section 489 of the EPBC Act).

Under the EPBC Act, remediation orders and determinations can be made to mitigate and repair environmental damage resulting from any contraventions.

If the Commonwealth Minister considers that there has been an act or omission contravening the EPBC Act, the Commonwealth Minister may make a written determination under section 480D of the EPBC Act requiring a person to take an action to repair or mitigate any damage caused by the contravention.
The Commonwealth Minister may apply to the Federal Court for a remediation order to repair or mitigate environmental damage under section 480A of the EPBC Act.
Compensation to affected parties for loss or damage may be payable where a person has contravened the EPBC Act under section 500 of the EPBC Act.

Enforceable undertaking to negotiate civil penalties and provide for future compliance. An enforceable undertaking is a document written to the Commonwealth Minister, by a person who has contravened a civil penalty provision during the environmental approval process. The undertaking specifies that the offender will pay a specified amount to the Commonwealth or another party for the protection and conservation of the protected matter in dispute. If the person breaches the undertaking by failing to pay the specified amount, the Commonwealth Minister may apply to the Federal Court for an order to comply with the terms of the undertaking under sections 486DA and 486DB of the EPBC Act.

Directed Environmental audits are directions given under section 458 of the EPBC Act from the Commonwealth Minister to the approval holder to carry out an environmental audit if the Commonwealth Minister suspects that an authorised action is having greater impacts than the impacts anticipated during the initial environmental assessment or if the Commonwealth Minister suspects that there has been a breach of a condition of that controlled action approval or permit.

Executive officers may be held liable if the body corporate contravenes civil penalty provisions under section 494 of the EPBC Act. Executive officers may also be held criminally liable under section 495 of the EPBC Act and risk a sentence of up to two years imprisonment for breaches of criminal penalty provisions.

Injunctions may be ordered by a court to restraining a party or parties from undertaking or engaging in conduct. An injunction can also be granted to require a person to do an act if they have refused or fail to do that act. An application to the Federal court may be lodged by the Commonwealth Minister, an interested person or an interested person acting on behalf of an unincorporated organisation under section 475 of the EPBC Act.

Publication of any contraventions of the EPBC Act may occur as the Minister sees fit. Further information about compliance mechanisms and offences stemming from the EPBC Act can be found on the Department of Climate Change, Energy, the Environment and Water website available here: Compliance and enforcement - DCCEEW

What to do if you see a potential contravention of the EPBC Act?

Some examples of contravention of the EPBC Act are:

failing to take comply with conditions of the controlled action approval (for example neglecting to comply with annual reporting obligations),
commencing an action prior to approval; or
failing to obtain a permit to export threatened species or comply with the conditions of a permit already granted.

There are a number of ways to report a potential contravention of the EPBC Act. You may report suspected contraventions in a number of ways:

Department of Climate Change, Energy, the Environment and Water
The Triage and Wildlife Section of the DCCEEW assess and investigate allegations of breaches of the EPBC Act.

Phone: 1800 110 395
Email: environment.compliance@dcceew.gov.au
Online form: Report a perceived breach of environment law - DCCEEW

Post:
Triage and Wildlife Section
Environment Compliance Branch Division
Department of Climate Change, Energy, the Environment and Water
GPO Box 3090
Canberra ACT 2601

NT legislation

The Environment Protection Act 2019 (NT) (EP Act) and the Environment Protection Regulations 2020 (NT) (EP Regulations) regulate environmental impact assessment and approval processes at the NT level. The EP Act recognises the role that environmental impact assessments, approvals and licensing have to promote the protection and management of the NT and to promote ecologically sustainable development. The purpose of the environmental impact assessment process is to ensure that actions do not have an unacceptable impact on the environment now and in the future.

Relevant definitions

Actions include projects, developments, undertakings, activities, works or a material alteration of any of these things (see section 5 of the EP Act).

An impact of an action is an event or circumstances that is either a direct or indirect consequence of an action (see section 10 of the EP Act).

Significant environmental harm means environmental harm that is of major consequence having regard to the context and intensity of the harm; and the sensitivity, value and quality of the environment harmed and the duration, magnitude and geographic extent of the harm (see section 9 of the EP Act).

Proponent is a person proposing to carry out or carrying out an action (see section 4 of the EP Act).

Referrals

Under section 48 of the EP Act, if an action has the potential to have a significant impact on the environment a proponent must refer it to the NT EPA for assessment. Additionally, if the NT EPA believes on reasonable grounds that the proponent is taking an action that should have been referred for assessment, the NT EPA may issue a call in notice requesting the proponent to refer the action to the NT EPA for assessment. Finally, a statutory decision maker may also refer an action to the NT EPA if they have received an application for an authorisation and they consider the action should be referred to the NT EPA for assessment. The statutory decision maker must refuse to consider the application until the action is assessed by the NT EPA and they must take all reasonable steps to encourage the proponent to refer the action to the NT EPA.

Similar to the above, under section 49 of the EP Act, a proponent may refer a strategic proposal to the NT EPA for assessment for multiple actions which either individually or combined will have the potential to have a significant impact on the environment.

Public comments on referrals

If the NT EPA accepts the referral, it will decide whether the action must be assessed. It will then decide what level of environmental assessment is required. The referral document will be published on the NT EPA Consultation Hub. This is an opportunity for members of the public and government authorities to review the proposed action and make submissions in relation to the NT EPA’s decision as to how the action will be assessed.

If the referral is for a standard assessment, it will be available for public submissions for 20 days.
If the referral is for a standard assessment initiated by the proponent or for a strategic assessment that is not initiated by the proponent it will be open to public submissions for 30 business days.
If the referral is for a strategic proposal that is an accepted proponent initiated environmental impact assessment referral, the document will be open to public submissions for 40 days.

The NT EPA have published a guide for making a public submissionand for further information you can refer to the Environmental Defenders Office guide to writing submissions here :Submissions, Letters and Petitions - Environmental Defenders Office.

Environmental assessments

The EP Regulations include three different methods of environmental impact assessment that reflect the NT EPA’s information requirements and complexity, risks and which level of assessment will be selected taking into account the potential impacts of the project:

Assessment on referral: The NT EPA prepares a report of its findings and advice to the Minister on whether to issue an environmental approval. This is based on the original referral and any further information provided. There are no further opportunities for the public to comment.

Assessment on Supplementary Environmental Report: the NT EPA prepares an assessment report based on the original referral, any further information it seeks from the proponent and a supplementary environmental report prepared by the proponent in response to requests for further assessment of impacts in the report. Members of the public can comment on the supplementary environmental report.

Assessment by Environmental Impact Statement (EIS): The proponent must prepare an EIS for the action which addresses terms of reference approved by the NT EPA for assessment of the action. This is for high-risk actions where other approaches may not provide the necessary level of consultation or confidence and is the most intensive level of assessment. Members of the public can comment on the terms of reference, on the proponent’s draft EIS and on the proponent’s supplementary EIS which is prepared after the NTEPA give feedback on the draft.

Assessment by Inquiry: Under EP Regulations 147-155, the NT EPA may conduct the assessment by inquiry. Assessment by Inquiry includes the steps outlined above for an EIS but in addition has opportunity for oral public comment. This can be used for all or some of the parts of the environmental impact assessment process where it is considered to be more appropriate than a paper-based approach (i.e. if cultural or language barriers prevent potentially affected community members from engaging in the process). The inquiry panel is to be held in public and must be held within the timeframe provided for in the terms of reference.

The NT EPA have published a flowchart on the environmental assessment processes on their website here: Environmental management | NTEPA.

Environmental approvals

Once the environmental assessment process is complete, section 64 of the EP Act requires the NT EPA to provide an assessment report to the Minister for Lands, Planning and Environment (Minister) together with any submissions received and a draft environmental approval.

The Minister may grant the approval, grant an amended approval or refuse to grant the environmental approval. Section 74(3) requires the Minister to make the decision within 30 days following receipt of the assessment report and other required documents.

If the NT EPA assess the action will have an unacceptable environmental impact, which cannot be appropriately avoided, mitigated, managed or offset, then it will give the assessment report to the Minister together with a Statement of Unacceptable Impact. If the Minister accepts the Statement of Unacceptable Impact, the Minister must refuse to grant an environmental approval under section 79 of the EP Act. Before refusing to grant an environmental approval, under section 78 of the EP Act, the Minister must give the proponent the opportunity to show cause why the statement of unacceptable impact should not be accepted.

When deciding whether to grant the environmental approval, the Minister must consider the objects of the EP Act, the assessment report, whether the proponent is a fit and proper person and anything else the Minister considers relevant under section 73 of the EP Act. The Minister must also be satisfied that the community has been consulted, any significant impacts of the action have been appropriately avoided, mitigated or managed and if appropriate environmental offsets can be provided for significant residual adverse impacts .

Environmental offsets are part of a regulatory hierarchy designed to avoid, mitigate and manage impacts on the environment. The NT EPA have published the NT Greenhouse gas emissions offset policy and the NT biodiversity offset policy. You can find out more about the Northern Territory Offsets Framework here: Northern Territory Offsets Framework | Department of Lands, Planning and Environment

The Minister may grant the approval subject to conditions necessary to avoid, mitigate or manage the potential environmental impacts of the action. If an environmental approval is granted, the approval must be published as soon as practicable after the decision is made under section 82 of the EP Act. You can find copies of environmental approvals on the Departments for Lands Planning and Environment website here: Environmental approvals | Department of Lands, Planning and Environment

Variation

A proponent who has referred a proposed action or strategic proposal to the NT EPA, must give the NT EPA notice of any proposed significant variation to the action or proposal. Under section 12 of the EP Act, a significant variation is a variation that;

will alter the action to the extent that a trigger for referral which did not previously apply, now applies; or
has the potential to have a significant impact on the environment; or
will result in new or additional areas being subject to a potential significant impact on the environment.

Enforcement and offences

The EP Act empowers the NT EPA to issue stop work notices to a proponent or approval holder or other person if the NT EPA believe on reasonable grounds that the person is taking an action that has been referred or is required to be referred until the decision is made as to whether the action requires an environmental assessment. The EP Act also empowers an environmental officer to issue directions to take action to prevent, minimize, manage or remediate environmental harm or cease taking an action that may impact the environment. It is an offence to contravene a direction of the environmental officer. Additionally, the CEO of the Department of Lands, Planning and Environment may issue an environment protection notice for the purpose of securing compliance with an environmental approval, an environmental (mining) licence or a requirement prescribed by regulation.

The EP Act contains a number of offences both civil and criminal. Specified environmental offences are penalised using a tiered system where the offences are categorized in relation to seriousness. The penalties for each level offence can be found in the Environmental Offences and Penalties Act 1996 (NT) and range from 77 penalty units to 19,240 penalty units and up to 5 years imprisonment. During the 2025/26 financial year this amounted to between $14,553 and $3.63 million.

Review of Decisions

Following legislative amendments in 2025, only specified decisions made under the EP Act may be reviewed by the NT Civil and Administrative Tribunal (NTCAT) under section 277 of the EP Act. Only persons who are directly affected by the decision may apply for the review such as persons to whom a direction is given or persons to whom a notice is issued. The type of decisions that may be reviewed by the NTCAT and who can apply to review them is provided in the Schedule to the EP Act and Schedule 1 of the EP Regulations.

If you have been affected by a decision under the EP Act or have made a genuine and valid submission during an environmental impact assessment and approval process, you may be able to seek judicial review of the decision in the Supreme Court. The EDO recommends that you seek independent legal advice before commencing review proceedings.

Mining management in the NT

In 2023, the EP Act was amended to absorb the statutory framework for managing the environmental approval process for mining operations in the Northen Territory. For more information on laws and regulatory frameworks which govern mining activities in the NT see Planning and Development, Mining.

Section 13A of the EP Act sets out the meaning of ‘mining activity’ which includes; exploring for minerals, mining for minerals and extracting minerals among other activities. Section 124L of the EP Act requires mining operators to hold an environmental (mining) licence which authorises mining activities to occur. The Minister for Lands, Planning and Environment may grant an environmental (mining) licence for any phase of mining activities relating to exploration activities under section 124M of the EP Act or any phase of mining activities associated with the mining and processing of minerals under section 124N of the EP Act.

Types of licences

There are three types of environmental (mining) licences under the EP Act and which licence an operator is required to hold is determined by the level of environmental risk proposed by the mining activity.

Standard condition licence: under section 124ZJ of the EP Act, a standard condition licence applies to mining activities with a low risk to the environment and is subject to standard conditions published under section 124U of the EP Act and conditions for payment of mining securities and mining levies.
Modified condition licence: under section 124ZK of the EP Act, a modified condition licence applies where additional conditions are required to appropriately manage the environmental impacts of the mining activities. A modified condition licence is subject to the risk criteria applicable to the mining activity, modified standard conditions and conditions for payment of mining securities and mining levies.
Tailored condition licence: under section 124ZL of the EP Act, a tailored condition licence applies to mining activities which pose a high risk to the environment. A tailored condition licence is subject to conditions specifically tailored to manage the environmental risks and impacts of the mining activity and conditions for payment of mining securities and mining levies.

The standard conditions applicable to the standard condition licence and the modified condition licence are available on the NT Government website: Declared risk criteria and standard conditions | NT.GOV.AU

Applications for environmental (mining) licence

Section 124ZE of the EP Act sets out the content requirements of an application for an environmental (mining) licence. Regulation 233S of the EP Regulations requires the Minister for Lands Planning and Environment to publish a copy of applications for a modified condition licence or tailored condition licence and under Regulation 233T of the EP Regulations, the Minister must also publish a notice inviting interested persons to make written comments to the Minister about the application. Regulation 233T of the EP Regulations, prescribes the below periods of time for the public to make comments on the environmental (mining) applications:

15 business days for applications for a modified condition licence application for an exploration activity or extractive operation.
25 business days for applications for a modified condition licence for mining operations or tailored condition licences for an exploration activity or extractive operation.
30 business days for applications for tailored condition licences for mining operations.

You can find environmental (mining) licence applications under assessment on the NT Government have your say website: Mining applications under assessment | Have Your Say Northern Territory.

Granting or refusing to grant environmental (mining) licence

Under section 124ZG of the EP Act, the Minister for Lands, Planning and Environment may decide to grant the environmental (mining) licence, refuse an environmental (mining) licence or to grant a modified condition or tailored condition licence following assessment of an application for a standard condition licence. The Minister for Lands, Planning and Environment must consider the objects of the EP Act, whether the mining operator is a fit and proper person to hold the environmental (mining) licence and the type of mineral interest and mining activity in accordance with section 124ZG(6) of the EP Act. The Minister for Lands, Planning and Environment must also consider any submissions received in relation to an application for an environmental (mining) licence under regulation 233U of the EP Regulations.

Under section 124ZH of the EP Act, the Minister for Lands, Planning and Environment must refuse to grant an environmental (mining) licence if the Minister has refused to approve an environmental approval or environmental approval notice relating to the mining activity under Part 5 of the EP Act or if the mining activity is being assessed by the NT EPA to determine a level of environmental assessment.

Timeframes for environmental (mining) licence decisions

The timeframes in which the Minister for Lands, Planning and Environment must make a decision in relation to an application for an environmental (mining) licence are set out in section 124ZM of the EP Act:

30 business days to decide whether to grant or refuse to grant the standard condition environmental (mining) licence relating to exploration or extraction activities.
40 business days to decide whether to grant or refuse to grant a standard condition licence for mining operations or a modified licence relating to exploration activities.
50 business days to decide whether to grant or refuse to grant a modified condition licence relating to extraction activities.
60 business days to decide whether to grant or refuse to grant a tailored condition licence relating to exploration activities.
80 business days to decide whether to grant or refuse to grant a modified condition licence related to mining operations or a tailored licence related to extractive activities.
120 business days to decide whether to grant a tailored condition licence relating to mining operations.

Section 124ZN requires the Minister for Lands, Planning and Environment to publish their decision and a statement of reasons as soon as practicable after making the decision and a copy of the environmental (mining) licence as soon as practicable after it is granted. You can find decisions published on the Mining decisions and licences public register: Mining decisions and licences public register | NT.GOV.AU

You can find out more from the Department of Lands, Planning and Environment website: Environmental regulation of mining | Department of Lands, Planning and Environment.

Exemption

If the Minister for Lands, Planning and Environment considers the environmental risks associated with the proposed mining activity are insignificant or can be appropriately managed through compliance with the EP Act, the Minister may grant the mining operator an exemption from holding the environmental (mining) licence under section 124Q of the EP Act. The decision to grant the exemption will be published in the Government Gazette.

Protecting Water

The Water Act 1992 (NT) (Water Act) and the Water Regulations 1992 (NT) (Water Regulations) control how water resources are allocated, used and managed. These laws create a system for allocating water to people, the environment, industry and agriculture and requires people undertaking certain works to hold licences. Under section 10 of the Water Act, the public have a right to take water for domestic and stock purposes. The Water Act and Water Regulations also play an important role in regulating water pollution. See Pollution, Water Laws and Pollution.

The Department of Lands, Planning and the Environment (Department) is responsible for administering and enforcing breaches of the Water Act. The Water Controller, a statutory office which sits within the Department, has the power to grant water licences and is responsible for addressing breaches including failing to obtain a permit or licence.

Water Allocation Plans

To avoid overusing groundwater reserves, river flows or wetlands the Minister can declare parts of the NT to be water control districts. Within a water control district, water allocation plans (WAP) can be declared. A WAP sets out how much water can be taken from groundwater and surface water resources in a water control district and determines how much water needs to remain to protect the water resource. The WAP ensures that water is allocated within the estimated sustainable yield to beneficial uses and is to include an allocation of water to the environment.

There are currently 9 water control districts in the NT however not all of the control districts have a WAP (i.e. Gove, the Great Artesian Basin and Tennant Creek). Some water control districts have multiple WAP’s such as the Daly Roper Beetaloo water control district which has four WAP’s declared in the region. At the time of writing this Chapter, the Adelaide River WAP and the Katherine Tindall Limestone Aquifer WAP were being developed.

You can find out more information about the current Water Allocation Plans on the NT Government website available here: Water allocation plans | NT.GOV.AU.

Water licensing

A license to take water may be granted regardless of whether the water resource is managed under a WAP. Once the Water Controller receives an application for a water licence, they have 20 days from the date of the application to publish a notice of an intention to make a decision on an application for a water licence. The application will be open for public submissions for 20 business days after the publication of the notice. This is an opportunity for the community to raise any concerns as the Water Controller must take into account any comments received in relation to the water licence application when making their decision.

The decision whether to grant the water licence must be made as soon as practicable after the close of the submission period or within 20 business days after the submission period expires. The Controller must publish the decision and their reasons for making the decision. The Water Register contains copies of all water licences granted under the Water Act and can be found here: Water Licensing Portal Simplified.

Enforcement and offences

It is an offence under section 16 of the Water Act for a person either directly or indirectly to cause waste to come into contact with water or to cause water to be polluted causing material or serious environmental harm.

It is an offence under sections 46 and 61 of the Water Act for a water licence holder to contravene a condition of the licence and the water licence holder may be liable for a penalty of up to 500 penalty units (during the 2025/26 financial year this amounted to $94,500).

Review of Decisions

Following legislative amendments in 2025, only specified decisions made under the Water Act may be reviewed by the NT Civil and Administrative Tribunal (NTCAT). Only persons who are directly affected by the decision may apply for the review such as applicants who were refused a permit or licence under the Water Act or persons to whom a notice is issued. The type of decisions that may be reviewed by the NTCAT and who can apply to review them is provided in Schedule 2 of the Water Act.

However, if a person with an interest in the decision believes an error occurred in the decision-making process or believes the decision maker did not take into account a factor they were required to consider, the person has the right to apply for judicial review of the decision under Order 56 of the Supreme Court Rules 1987 (NT) within 60 days of the decision being made.

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