Climate Change Amendment (Duty of Care and Intergenerational Climate Equity) Bill 2023

High-Level Summary

Amends the Climate Change Act 2022 to: require decision-makers to consider the health and wellbeing of children in Australia when making significant decisions; and require decision-makers not to make significant decisions in relation to the exploration or extraction of coal, oil or natural gas if the decision poses a material risk of harm to the health and wellbeing of children in Australia.


Summary
The bill amends several key pieces of legislation, including the Environmental Protection and Biodiversity Conservation Act 1999 and the Climate Change Act 2022, to impose two new statutory duties on decision-makers. Firstly, decision-makers must consider the health and wellbeing of current and future Australian children as the paramount consideration when making significant decisions likely to result in substantial greenhouse gas emissions. Secondly, they are prohibited from making decisions that involve the exploration or extraction of coal, oil, or gas if the resulting emissions pose a material risk of harm to these children. This amendment is intended to fill the gap highlighted by the Federal Court's decision in Minister for the Environment v Sharma. The bill affects various acts such as the Export Finance and Insurance Corporation Act 1991, Infrastructure Australia Act 2008, and others, ensuring that decisions under these acts take climate impacts into account. Proposed sections in the bill also extend the availability of judicial review for significant decisions to Australian children, allowing them to seek judicial review under the Administrative Decisions (Judicial Review) Act 1977.

Argument For
Normative Bases
  1. Environmentalism
  2. Egalitarianism
  3. Pro-Democracy

The bill should be supported because it addresses the urgent need to consider the long-term impacts of climate change on future generations. By embedding the principle of intergenerational equity into legislative decision-making, the bill promotes sustainable development and environmental justice. It ensures that decisions likely to increase greenhouse gas emissions are scrutinized for their potential harm to young people, who will bear the brunt of climate change impacts. This approach aligns with international agreements like the Rio Declaration and reflects a commitment to protecting the rights of children as recognized in recent global human rights discussions [Judgment]. By giving children a say in decisions that affect their future, the bill strengthens democratic processes and accountability.


Argument Against
Normative Bases
  1. Propertarianism
  2. Hobbesianism

The bill should be opposed because it could impose excessive constraints on economic development and the rights of industries to operate freely. By preventing decision-makers from approving projects involving the extraction of coal, oil, or gas, the bill may hinder Australia's energy sector and economic growth, potentially leading to job losses and economic instability [Judgment]. Furthermore, the bill creates new bureaucratic layers that may slow down decision-making processes. The broad scope of what constitutes 'significant decisions' could lead to increased litigation and administrative burdens, diverting resources from more productive uses [Judgment].


Date:

2023-08-03

Chamber:

Senate

Status:

Before Senate

Sponsor:

POCOCK, Sen David

Portfolio:

Unspecified

Categories:

Climate Change / Environment, Discrimination / Human Rights, Democratic Institutions

Timeline:
03/08/2023
Curated Media Discussion:

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