The ACT Government continues to lead the way in protecting and promoting human rights, today the Human Rights (Healthy Environment) Amendment Bill 2023 is being introduced to enshrine the right to a healthy environment in the ACT’s Human Rights Act.
In an Australian first, the Bill provides express statutory recognition for the right to a clean, healthy and sustainable environment.
This is an important step having regard to the triple planetary threat of climate change, environmental pollution and biodiversity loss. Introducing the right is consistent with growing international consensus and practice around the importance of environmental protections for current and future generations.
The right to a healthy environment has been recognised to include a right to clean air, a safe climate, access to safe water and to healthy and sustainably produced food, non-toxic environments in which to live, work, study and play, and healthy biodiversity and ecosystems.
In an ACT context, the right will also ensure environmental and climate considerations feature in public authority functions and decision-making.
To allow public authorities time to fully understand and implement the right, and for further development and crystallisation of the right at the international level, Court remedies for a breach of public authority obligations will not initially apply. This will be subject to a mandatory statutory review.
However, complaints about breaches of the right to a healthy environment will be able to be made to the ACT Human Rights Commission under the new human rights complaints pathway being established by the Government.
The ACT Government undertook extensive public consultation on the implications, benefits and challenges of protecting the right to a healthy environment during 2022, receiving strong support for recognising the right to a healthy environment in our Human Rights Act.
The Bill will commence within 6 months after notification, following debate and passage by the Legislative Assembly.
Quotes attributable to Minister for Human Rights Tara Cheyne:
“The ACT will be the first Australian jurisdiction to enshrine the right to a healthy environment in our human rights framework, demonstrating our continued leadership as a human rights jurisdiction.
“The legislation introduced today reflects growing international consensus and practice around the role and importance of environmental protections, at a time when we face a triple planetary threat of climate change, environmental pollution and biodiversity loss.
“Recognising the right to a clean, healthy and sustainable environment will provide the catalyst for more ambitious, coherent and coordinated action by the ACT Government to protect the environment for our current and future generations.”
