The new law requires authorities to consider environmental and climate impacts when making decisions
Canberrans now have a legal right to a healthy environment, with the Australian Capital Territory (ACT) becoming the first jurisdiction in the country to enshrine this protection in law.
The state government announced in a statement that the right had taken effect on Monday, March 17, as part of the Human Rights Act 2004.
The landmark reform ensures that ACT residents are entitled to clean air, a safe climate, safe water and sanitation, sustainably produced food, and non-toxic living and working environments. It also establishes the right to participate in environmental decision-making, access relevant information, and seek justice if their environmental rights are breached.
The new legislation requires ACT public authorities to consider environmental and climate impacts when making decisions. If Canberrans believe their right to a healthy environment has been violated, they can lodge complaints with the ACT Human Rights Commission.
ACT Minister for Human Rights Tara Cheyne highlighted the significance of the reform, stating that the right to a healthy environment is recognised internationally but had not previously been enshrined in Australian law.
“The ACT continues to be a leader in human rights, and this right takes a ground-breaking step forward for human rights legislation reform in Australia,” Cheyne said in a statement. She emphasised the importance of environmental rights in addressing broader human rights challenges, noting that climate change, pollution, and biodiversity loss directly impact public health and equality.
Minister for Climate Change, Environment, Energy, and Water Suzanne Orr praised the ACT’s commitment to environmental protection and acknowledged the community’s strong support for climate action.
“Canberrans love their bush capital and have been among the strongest supporters for climate change action in the nation,” Orr said. “Having a right to a healthy environment is another demonstration of our appreciation for our environment and our commitment to leading the way in looking after it.”
Dr. Pene Mathew, ACT human rights commissioner, described the right as a significant step in recognising the fundamental link between a healthy environment and overall well-being.
“While the right to a healthy environment can’t address climate change and environmental harms on its own, incorporating this right within our ACT human rights framework means that public servants and government agencies will now have to consider environmental impacts when they develop and implement policies and laws,” Mathew said.
The Environmental Defenders Office also welcomed the reform, with director of legal practice Nicole Sommer calling it a “historic day” for the ACT and the nation.
“The ACT is leading the nation with this ground-breaking reform,” Sommer said. “As the climate crisis worsens, this right is only becoming more critical.”
