The Climate Change Amendment (Duty of Care and Intergenerational Climate Equity) Bill 2025 requires Commonwealth decision-makers to consider and prioritise the health and wellbeing of current and future Australian children when approving projects that emit substantial greenhouse gases, and prohibits new coal, oil or gas exploration and extraction decisions that pose a material risk of harm to those children.
The Bill amends the Climate Change Act 2022 and six major Commonwealth Acts—the Environmental Protection and Biodiversity Conservation Act 1999, Export Finance and Insurance Corporation Act 1991, Infrastructure Australia Act 2008, National Reconstruction Fund Corporation Act 2023, Northern Australia Infrastructure Facility Act 2016, and Offshore Petroleum and Greenhouse Gas Storage Act 2006—to insert two new statutory duties on decision-makers for “significant decisions” that are likely to result in scope 1, 2 or 3 greenhouse gas emissions exceeding 100,000 tonnes of CO₂-equivalent over a facility’s lifetime.
First, it requires responsible persons to consider the likely impacts of those emissions on the health and wellbeing of current and future Australian children and to treat that wellbeing as the paramount consideration. Second, it prevents approvals of any new coal, oil or gas exploration or extraction decision where projected emissions pose a material risk of harm to children’s health and wellbeing. The Bill also extends the availability of judicial review and standing under the Administrative Decisions (Judicial Review) Act 1977 to include affected children, defines “significant decision” to capture both direct and indirect emissions effects, and grants the Climate Change Minister rule-making powers to guide application of the new duties. All amendments commence the day after Royal Assent and apply prospectively only.
The Bill embeds intergenerational equity into Australia’s climate governance by ensuring that decisions likely to increase greenhouse gas emissions explicitly account for the health and wellbeing of current and future children. By elevating children’s interests to the paramount consideration, it prevents short-term economic gains from outweighing long-term human and ecological costs.
Further, the prohibition on approving new coal, oil or gas projects that pose a material risk of harm to children closes a legal loophole identified in Minister for the Environment v Sharma [2022] FCAFC 35, providing clarity and enforcement mechanisms where none exist today. Aligning national decision-making with international principles of sustainable development and the UN’s recognition of children’s right to a healthy environment strengthens Australia’s moral and legal standing on climate action [Judgment].
The Bill creates broad new duties and vague standards—such as “material risk of harm” and a 100,000-tonne emissions threshold—without clear guidance, duplicating existing assessment frameworks under the EPBC Act and inviting costly litigation. This legal uncertainty will slow approvals for critical infrastructure and energy projects without proven environmental or health benefits.
By effectively banning most new coal, oil and gas developments, the legislation risks undermining Australia’s energy security, raising household energy prices, deterring investment, and causing job losses in regional communities. Those economic harms could disproportionately harm families and children by reducing incomes and government revenues for schools, health services and social support [Judgment].
2025-10-28
Not Proceeding
POCOCK, Sen David
Unspecified
Climate Change / Environment, Democratic Institutions