The Minister has used this formula many times since these earlier cases, for instance as a basis for approving the massive Adani Mine without finding it would impact on climate change. This formula and the limitations of judicial review have allowed the Minister to continue to approve large coal mines (and gas projects) for over a decade while, on paper at least, not disputing climate change is real. Given the opportunity to make a decision and findings of fact, the Minister would have undoubtedly used the same formula as previous Federal Environment Ministers have since the Wildlife Whitsunday case in 2006 and the Anvil Hill Case in 2007, that the impacts of approving a mine (or a gas project) on climate change are too “uncertain” and “speculative” and, therefore, can be discounted. A novel pre-emptive attackĮven though Bromberg J didn’t grant the injunction, the value of seeking it and declarations (rather than wait for judicial review) is now obvious: it allowed the applicants to call evidence and run a merits case rather than waiting for the Minister to make biased factual findings. The has a duty to take reasonable care, in the exercise of her powers under s 130 and s 133 of the in respect of, to avoid causing personal injury or death to persons who were under 18 years of age and ordinarily resident in Australia at the time of the commencement of this proceeding arising from emissions of carbon dioxide into the Earth’s atmosphere. Watch Bromberg J deliver the pubic summary of his judgement, which was livestreamed on (16 minutes):Ī good Podcast explaining the decision is available here (15 minutes).Īfter allowing time for further submissions, on 8 July 2021 Bromberg J delivered a second decision in which he declared: … the applicants have established that the Minister has a duty to take reasonable care to avoid causing personal injury to the Children when deciding, under … the EPBC Act, to approve or not approve the. The Minister denied any duty of care was owed to the children or that the project would cause the harm alleged.īromberg J rejected the Minister’s arguments in Sharma v Minister for the Environment FCA 560 and found (at and ): They asked the Court to grant an injunction to prevent the Minister from doing so before a decision was made.
The applicants argued that in deciding whether the approve the coal mine expansion under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) ( EPBC Act), the Minister has a duty to protect young people from the devastating impacts of climate change.
The case was very couragous and ambitious, leaping out of the normal constraints for challenging administrative decisions by taking a pre-emptive attack before a decision was made. "He being dead yet speaketh.Laura Kirwan, 17, Izzy Raj-Seppings, 14, lawyer David Barnden, Ava Princi, 17, and Liv Heaton speaking to the media out the front of the Federal Law Courts in Sydney.
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