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2025
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
WE ALL COME TOGETHER FOR COUNTRY BILL 2025
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Cox)
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WE ALL COME TOGETHER FOR COUNTRY BILL 2025
Outline
The We All Come Together for Country Bill 2025 seeks to amend the Environment Protection
and Biodiversity Conservation Act 1999 (EPBC Act). Through this Bill, we want to legislate
against, and apply penalties to, the release of emissions that cause damage to First Nations rock
art that has been recognised as culturally, historically, scientifically and archaeologically
significant. Rock art that has this significance should be recognised as an important type of
national monument. This Bill protects rock art and other monuments that are on the National
Heritage list.
Under the Australian Heritage Council's guidelines, published in 2018 as Protection of
Australia's Commemorative Places and Monuments, rock art fits the definition of a
"commemorative place".
Airborne emissions from industrial activity can react with stone surfaces and environmental
factors in a way that degrades rock art and other monuments. When this is shown to be
occurring, an entity that continues to pollute despite the damage should receive a penalty under
the EPBC Act.
By way of background, the Federal and Western Australian Governments have supported the
Murujuga Aboriginal Corporation to submit that Murujuga (the Burrup Peninsula) be given
World Heritage listing, largely due to the presence of one of the largest, densest, and most
diverse collections of rock art in the world. Unfortunately, World Heritage status does not
necessarily provide any protection from industrial emissions. Murujuga's rock art is being
damaged by emissions from the Burrup Hub gas complex.
"Of the 53 properties inscribed on the World Heritage List for an association to rock art, 22 are
recognised as being a masterpiece of human creative genius. Murujuga is comparable to these
inscribed sites given it is one of the most significant concentrations for human artistic creativity
in the world, recording millennia of human responses to the sustainable use of its productive
landscape" (UNESCO quoting McDonald et al 2019).
Currently, culturally and historically significant monuments are protected under the EPBC Act,
the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, and under various
types of state legislation. None of this legislation provides protection from airborne emissions.
Airborne emissions from industrial activity that can degrade rock art and other monuments
include nitrogen dioxide, sulphur dioxide, ammonia and particulate matter.
There are nine matters of national environmental significance under the EPBC Act, including,
but not limited to, world heritage properties, national heritage places, Commonwealth marine
areas and water resources. There is a policy gap in that emissions which cause damage to the
surfaces of national and world heritage monuments are currently not considered a matter of
national significance under the EPBC Act. The Bill seeks to address this deficiency.
The Bill will establish a new class of controlled action under the EPBC Act relating to
emissions which damage the surfaces of important monuments.
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NOTES ON CLAUSES
Clause 1 - Short Title
1. This is a formal provision specifying the short title of the Act as the We All Come
Together For Country Act 2025.
Clause 2 - Commencement
2. This clause provides that the provisions in the Bill will commence on a day fixed by
Proclamation. However, if the provisions do not commence within the period of 6 months
beginning on the day this Act receives the Royal Assent, they will commence on the day
after the end of that period.
Clause 3 - Schedules
3. This clause provides that an Act that is specified in a Schedule is amended or repealed as
set out in that Schedule, and any other item in a Schedule operates according to its terms.
Schedule 1 - Amendments to the Environment Protection and Biodiversity
Conservation Act 1999
Item 1
4. Item 1 inserts Section 15D at the end of Subdivision AA of Division 1 of Part 3 of the
EPBC Act. Subsection 15D(1) states that a person that is a constitutional corporation, the
Commonwealth or a Commonwealth agency contravenes that provision if the person
takes a damaging industrial action within the prohibited area for a vulnerable monument.
Subsection 15D(1) also sets the penalties for non-compliance in line with the rest of the
Act.
5. Subsection 15D(2) states that this section has effect despite a law of a State or Territory
that permits the damaging industrial action to be taken within the prohibited area for the
vulnerable monument.
Item 2
6. Item 2 inserts table item 1D into section 34 of the EPBC Act. This provides that the
matter protected by section 15D is the National Heritage values of a National Heritage
place.
Item 3
7. Item 3 inserts Division 6 at the end of Part 15 of the EPBC Act. Division 6 consists of the
following sections.
8. Section 390JA is a simplified outline of Division 6.
9. Section 390JB describes the circumstances under which Division 6 will apply. This
Division will apply if:
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• a person (the proponent) proposes to take an action that is a damaging industrial
action; and
• the person has referred the damaging industrial action to the Minister for a
decision as to whether or not the action is a controlled action for the purposes of
section 15B or 15C of the EPBC Act; and
• the relevant National Heritage place referred to in that section is, or includes, a
National Heritage monument.
10. The referral of an action that may cause damage to the National Heritage values of a
National Heritage monument is the legislative trigger that will require the proponent to
begin the investigation into whether that action may cause damage to the monument.
11. Subection 390JC(1) provides that the proponent must cause an investigation (a
vulnerability investigation) to be conducted into whether a National Heritage monument
has been, is being, or is likely to be, damaged and whether the damage is attributable to
damaging industrial action. The investigation should also determine whether preventing
damaging industrial action in a particular area would prevent or minimise future damage
to the National Heritage monument.
12. Subsection 390JC(2) allows the regulations to make provision in relation to vulnerability
investigations, including in relation to the independence of the person conducting the
investigation.
13. Section 390JD sets out how an investigation into the vulnerability of a monument must be
conducted, and the way in which investigators must report to the Minister. The report to
the Minister will be referred to as a vulnerability report. The vulnerability report must
contain findings about whether the National Heritage monument has been, is being, or is
likely to be, damaged. If this is the case, the report must determine whether the damage is
attributable to damaging industrial action and whether preventing damaging industrial
action in a particular area would prevent or minimise future damage to the monument.
14. Section 390JE sets out the Minister's obligations in response to a vulnerability report. If
the vulnerability report finds that the monument has been, is being, or is likely to be
damaged by damaging industrial action, then the Minister must, by legislative instrument,
declare the National Heritage monument to be a vulnerable monument.
15. If the vulnerability report also finds that preventing damaging industrial action in a
specified area would prevent or minimise future damage to the National Heritage
monument, then the Minister must, by legislative instrument, declare the specified area to
be the prohibited area for the vulnerable monument.
16. The making of these legislative instruments will trigger the obligations under section 15D
in relation to that vulnerable monument so that damaging industrial action cannot take
place within the prohibited area for that monument. These legislative instruments will be
subject to parliamentary scrutiny through the disallowance process.
Item 4
17. Item 4 inserts definitions into the EPBC Act for terms used in the provisions inserted by
this Bill, such as 'damaging industrial action', 'prohibited area' and 'vulnerable
monument'.
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Item 5
18. Item 5 states that section 15D and Division 6 of Part 15 of the Environment Protection
and Biodiversity Conservation Act 1999, as inserted by this Schedule, apply in relation to
an action that begins on or after the day this item commences.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
We All Come Together for Country Bill 2025
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
There are nine matters of national environmental significance under the EPBC Act, including,
but not limited to, world heritage properties, national heritage places, Commonwealth marine
areas and water resources. There is a policy gap in that emissions which cause damage to the
surfaces of national and world heritage monuments are currently not considered a matter of
national significance under the EPBC Act. The Bill seeks to address this deficiency.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
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