11/01/2026

Australia’s Green Pledge, Brown Reality: Can a Fossil Fuel Superpower Credibly Host COP31? - Lethal Heating Editor BDA

Key Points
  • Australia has enshrined a 43 percent emissions reduction target by 2030 and net zero by 2050 in national law, yet remains a major coal and gas exporter.1
  • Government lists show more than one hundred new or expanded coal and gas projects under development, locking in decades of additional emissions if built.2
  • Global scenarios from the International Energy Agency and the Production Gap research find no room for new fossil fuel fields or coal mines in a 1.5 degree world.3
  • Reforms to Australia’s Safeguard Mechanism still allow significant fossil fuel expansion, with exported emissions far exceeding those regulated domestically.4
  • Pacific leaders back Australia’s bid to co‑host COP31 but have long pressed Canberra to stop opening new coal and gas projects.5
  • Analysts warn that continued fossil fuel expansion risks legal challenges, stranded assets and reputational damage to a prospective COP presidency.2

On paper, Australia looks like a climate convert, yet its coal ships still leave port day and night.1

The country has written a 43 percent emissions reduction target by 2030 and net zero by 2050 into law, signalling a break with a decade of climate wars.1

Its government has retooled industrial policy, tightened pollution baselines for big emitters and promised to stand “shoulder to shoulder” with Pacific neighbours on the front lines of rising seas.4

At the same time, official project lists show a large pipeline of new and expanded coal and gas developments that could keep Australian fossil fuel exports flowing well beyond mid‑century.2

International energy and climate agencies now agree that no new oil, gas or coal fields are compatible with limiting global heating to 1.5 degrees Celsius, the safer end of the Paris Agreement goals.3

Into this tension steps Australia’s bid, backed by Pacific leaders, to co‑host the United Nations climate summit COP31 in partnership with Türkiye later this decade.5

The question is whether a fossil fuel superpower still approving new projects can credibly claim climate leadership while presiding over the world’s premier climate negotiations.2

Climate Leader, Fossil Giant

Australia’s Climate Change Act 2022 for the first time locks in a national target to cut net greenhouse gas emissions 43 percent below 2005 levels by 2030 and to reach net zero by 2050.1

The law aligns Canberra with peers like the European Union and the United States that have legislated or formally adopted long‑term decarbonisation goals, after years in which Australia was cast internationally as a laggard.1

Domestically, the government has overhauled the Safeguard Mechanism, a policy that sets emissions baselines for around 200 of the country’s largest industrial polluters, including coal mines, gas fields, aluminium smelters and cement plants.4

Under the reformed scheme, these facilities must cut or offset emissions in line with a declining cap intended to help deliver the national 2030 target, with flexibility through carbon credits but sharper penalties for non‑compliance.4

Yet Australia remains one of the world’s largest exporters of thermal and metallurgical coal as well as liquefied natural gas, meaning that most emissions linked to its fossil fuel production occur overseas when the fuels are burned.2

Those “Scope 3” emissions are many times larger than the pollution counted in Australia’s domestic inventory and are not regulated by any Australian climate law, even as they contribute to the same rising global temperature.4

A Pipeline Of New Projects

Federal government Resources and Energy Major Projects lists show a crowded pipeline of fossil fuel developments, including dozens of coal mines and gas fields at various stages of planning, approval and construction.2

Analysis by independent researchers of recent lists identified more than one hundred new or expanded coal and gas projects expected to begin production before 2030 if they proceed, representing a significant expansion of capacity rather than a simple replacement of declining fields.2

These projects span almost every producing basin, from thermal coal extensions in New South Wales and Queensland to offshore gas developments off Western Australia and the Northern Territory, many geared towards export markets in Asia.2

Campaigners note that approvals granted in recent years include long‑life mine extensions and gas fields with planned operating horizons stretching into the 2040s and 2050s, well beyond the date by which global emissions must reach net zero to meet Paris goals.2

Australia’s environment minister continues to assess new coal and gas proposals under national environmental law, and while some high‑profile projects have been refused or withdrawn, others have advanced with conditions attached.2

The result is a policy paradox in which the same government that legislated emissions targets also oversees a major expansion queue for fossil fuels, prompting criticism from climate analysts and Pacific partners who see a widening gap between rhetoric and reality.4

What The Science Says About Expansion

In 2021 the International Energy Agency, the Paris‑based body that advises governments on energy policy, released its first Net Zero by 2050 roadmap and concluded there was no need for new oil and gas fields or new coal mines and mine extensions beyond projects already approved at that time.3

That scenario has become a reference point for climate diplomacy because it outlines a pathway to limit warming to 1.5 degrees Celsius without heavy reliance on speculative technologies, instead emphasising rapid declines in fossil fuel demand and steep growth in renewables.3

A subsequent update to the IEA net zero roadmap reinforced this message, projecting that fossil gas production and use would need to fall sharply on average each year through mid‑century, with coal declining even faster, leaving little room for investment in long‑lived new projects.7

The agency also pared back its expectations for carbon capture and storage, a technology often cited by industry as a way to prolong fossil fuel use, noting that deployment has repeatedly fallen short of plans and warning that over‑reliance would be risky and expensive.7

The Production Gap report, a recurring assessment led by the United Nations Environment Programme and research institutes, finds that governments globally are planning to produce far more coal, oil and gas in coming decades than would be consistent with limiting warming to 1.5 degrees.8

Researchers estimate that existing and planned fossil fuel infrastructure already imply carbon dioxide emissions that exceed the budget for a 50 percent chance of meeting the 1.5 degree goal, implying that no new coal mines or oil and gas fields can be developed unless offset by early retirement of existing assets.8

Australia’s COP31 Ambition

Australia has sought to recast itself as a constructive player in international climate diplomacy, throwing its weight behind a joint bid with Pacific island countries to host a “Pacific COP31” and securing agreement that Türkiye will hold the formal presidency while Canberra leads negotiations with partners.5

Pacific leaders have welcomed the chance to bring global attention to the region’s climate vulnerabilities and to secure stronger commitments on issues like climate finance and loss and damage, while also reiterating their longstanding calls for an end to new coal and gas projects worldwide.5

Hosting a COP is about more than logistics, because the incoming presidency is expected to drive ambition, broker compromises and shepherd collective decisions that shape global energy investment for years to come.9

Diplomats and analysts note that countries taking on this role face heightened scrutiny of their domestic policies, with perceived inconsistencies between climate rhetoric and fossil fuel expansion plans quickly seized upon by both vulnerable nations and civil society groups.9

Australia’s bid emphasises partnership with Pacific states, including a dedicated pre‑COP meeting in the region and a focus on mobilising finance for resilient development, in part to answer criticism that it has historically prioritised fossil fuel exports over climate solidarity.5

Whether that narrative holds will depend heavily on what happens to the domestic fossil fuel project pipeline in the years before the summit, and whether Canberra can show that its legislated emissions targets are matched by decisions to constrain supply as well as demand.2

What Must Change In The Next Five Years

Climate policy analysts argue that for Australia to credibly present itself as a climate leader and prospective COP31 convener, it would need to adopt a clear framework to phase down fossil fuel production in line with scientific advice from bodies such as the IEA and the Production Gap research.3

That would mean ruling out new coal mines, mine extensions and greenfield oil and gas fields that are inconsistent with a 1.5 degree pathway, and instead prioritising investment in renewable energy, storage, electrification and demand‑side efficiency.8

Reforms to the Safeguard Mechanism could be strengthened by placing tighter limits on the use of offsets, requiring more on‑site emissions cuts and broadening coverage to better reflect the full climate impact of export‑oriented fossil fuel projects.4

Independent modelling has warned that an unchecked wave of new fossil fuel developments risks overwhelming the scheme’s declining cap, potentially “blowing” the policy’s effective carbon budget and making the 2030 target much harder to meet.4

Regional planners and infrastructure agencies face parallel choices about where to direct billions of dollars in transport links, ports and transmission lines, decisions that can either lock communities deeper into fossil fuel‑dependent economies or enable diversification into cleaner industries.8

Experts in transition planning caution that over‑building fossil fuel capacity in the 2020s risks creating stranded assets, sudden job losses and fiscal stress for regions if global demand falls faster than companies expect, especially as major trading partners accelerate their own climate policies.3

Legal scholars note that governments and project proponents already face rising litigation risk, ranging from challenges to environmental approvals to investor actions over climate‑related disclosure, as courts increasingly weigh climate science and international commitments when assessing new fossil fuel developments.9

A more precautionary approach to approving long‑lived coal and gas projects, combined with robust transition support for affected workers and communities, is seen as a way to reduce the likelihood of costly disputes and abrupt policy reversals.9

Over the next five years, analysts say, the tasks for policymakers are clear: set explicit, time‑bound limits on new fossil fuel extraction, align industrial and infrastructure planning with those limits, and expand support for clean industries and regional transition packages to manage change fairly and predictably.3

For regional planners, that means prioritising projects that build renewable energy zones, grid upgrades, low‑carbon manufacturing and climate‑resilient infrastructure rather than new export coal terminals or gas pipelines whose economic lifetimes may be cut short by global decarbonisation.8

Such steps would not just lower long‑term climate risk, they would also reduce the legal and economic exposure associated with stranded fossil fuel assets and strengthen Australia’s claim to climate leadership if and when it takes up the COP31 gavel.9

References

  1. Climate Change Act 2022 (Cth) s 10
  2. New fossil fuel projects on the Australian Government’s Resources and Energy Major Projects list and their climate impact
  3. Net Zero by 2050: A Roadmap for the Global Energy Sector
  4. New and expanded fossil fuels risk blowing the Safeguard Mechanism carbon budget
  5. Australia unites with Pacific leaders on regional priorities
  6. 2023 Production Gap Report: Phasing down or phasing up?
  7. IEA’s 2023 Net Zero Roadmap reinforces urgent need for a fossil fuel phase-out
  8. The Production Gap
  9. Conference of the Parties (COP)

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10/01/2026

Climate Change Drives Australia's Escalating Extremes of Heat, Fire and Flooding - Lethal Heating Editor BDA

Key Points
  • Australia recorded its fourth-warmest year in 2025 at 1.23°C above the 1961–1990 average1
  • Climate change has driven a significant increase in Australian forest fires over the past 30 years2
  • January 2026 heatwave reached inland NSW temperatures in the mid-40s3
  • Intensity of short-duration extreme rainfall has increased by around 10% or more in recent decades4
  • Northern Queensland recorded over 1,350 mm rainfall in two weeks during late December 2025 and early January 20265
  • Sea levels around Australia have risen approximately 22 cm since 19006

Australia is experiencing an escalating cascade of climate-driven extremes as 2026 begins, with the nation's fourth-warmest year on record in 2025 setting the stage for dangerous heatwaves, destructive fires and devastating floods.

The convergence of record temperatures, intensifying fire weather and extreme rainfall events across the continent reflects the fingerprints of human-induced climate change, as documented by official meteorological data and peer-reviewed scientific research.

In January 2026, a severe heatwave is gripping southern and eastern Australia, with inland New South Wales experiencing temperatures in the mid-40s, whilst December 2025 saw destructive fires claim lives and homes across NSW and Tasmania.

Northern Queensland has simultaneously endured catastrophic flooding, with some locations recording more than 1,350 millimetres of rainfall in just two weeks during late December 2025 and early January 2026.

These events are occurring against a backdrop of long-term warming, with Australia's climate having warmed by 1.51°C since 1910, and the intensity of short-duration extreme rainfall increasing by at least 10 per cent in recent decades.

Scientific attribution studies have established that climate change has more than doubled the frequency of forest fires, extended fire seasons and intensified dangerous fire weather across southern Australia.

Rising sea levels, which have increased by approximately 22 centimetres around Australia since 1900, are compounding coastal and estuarine flooding risks during extreme rainfall events.

Heatwaves and Record Temperatures

Australia recorded its fourth-warmest year in 2025, with the national annual average temperature reaching 1.23°C above the 1961–1990 average, according to the Bureau of Meteorology.1

The national average maximum temperature was 1.48°C above the 1961–1990 average, equal fourth-warmest on record, whilst the average minimum temperature was 0.97°C above average, eighth-warmest on record.1

Every month in 2025 recorded above-average temperatures, with January, February, March and October ranking within the top five warmest for their respective months.1

Between January and March, and again between October and December 2025, large parts of Australia experienced heatwave conditions reaching extreme severity at times.7

South Australia and Western Australia both recorded their third-warmest years in 2025.7

The long-term trend is unequivocal: Australia's climate has warmed by an average of 1.51°C since national records began in 1910, with most warming occurring since 1950.8

Every decade since 1950 has been warmer than preceding decades, and eight of the nine warmest years on record have occurred since 2013.8

This warming trend has led to a marked increase in extreme heat events, with very high monthly maximum temperatures that occurred just 2 per cent of the time in 1960–1989 now occurring around 12 per cent of the time.9

Australia's oceans have also warmed significantly, with sea surface temperatures increasing by 1.08°C on average since 1900.10

In early January 2026, Australia is experiencing one of the most significant heatwaves in recent years, described by senior meteorologists as the worst burst of heat for south-eastern Australia since the summer of 2019–2020.3

Severe heatwave warnings have been issued for parts of New South Wales, Victoria, Western Australia, South Australia, Tasmania and the Australian Capital Territory.3

Inland areas of NSW are experiencing temperatures in the mid-40s, with some locations such as parts of northern Victoria, south-western NSW and eastern South Australia reaching temperatures up towards 46°C or even 47°C.11

Adelaide reached 42°C, Melbourne reached 42°C, and Sydney is forecast to reach 39–40°C, with western suburbs heading into the low-to-mid 40s.3

Minimum temperatures are also staying high, with some areas sitting 6 to 12 degrees above the usual January overnight lows, making it harder for homes and people to cool down before the next day starts.11

The Bureau of Meteorology has warned that extreme heatwaves can be dangerous for everyone, with severe heatwaves particularly dangerous for older people, babies, children, pregnant and breastfeeding women, people with medical conditions and people who are unwell.12

Wildfires and Fire Weather

Human-driven climate change has driven a significant increase in the frequency and intensity of Australian forest fires over the past three decades, with climate identified as the overwhelming factor driving fire activity, according to research published by CSIRO and collaborators in Nature Communications.2

The study, combining 32 years of satellite data and 90 years of ground-based datasets, found that the mean number of years since the last fire has decreased consecutively in each of the past four decades, whilst the frequency of forest megafire years has markedly increased since 2000.2

Over the last 90 years, three of the four megafire years have occurred after 2000.2

The main driver for the growing areas burnt by fire is Australia's increasingly severe fire weather, accounting for 75 per cent of the variation observed in the total annual area of forest fires.13

Fire weather conditions have become increasingly more dangerous, with increased risk factors associated with pyroconvection, including fire-generated thunderstorms, and increased ignitions from dry lightning.2

The frequency and intensity of heatwaves has increased in recent years, and climate projections suggest heatwaves will continue to become more frequent and intense, extending the period of time favourable for continuous fire spread into the evening and overnight.14

The Intergovernmental Panel on Climate Change Sixth Assessment Report states that the frequency of extreme fire weather days has increased, and the fire season has become longer since 1950 at many locations, with the intensity, frequency and duration of fire weather events projected to increase throughout Australia.14

In December 2025, dozens of bushfires raged across New South Wales and Tasmania, with a NSW National Parks and Wildlife Service firefighter tragically losing his life, 16 homes destroyed in the NSW town of Koolewong, four in Bulahdelah, and 19 destroyed in Tasmania's Dolphin Sands.15

Temperatures reached 41°C in Koolewong, with strong winds fanning the fires and making them hard to suppress.15

The speed and intensity of these fires took many by surprise, with dead fuel moisture content falling to critically dry levels below 7 per cent in both Koolewong and Bulahdelah on 6 December.15

Since the 2019–2020 Black Summer megafires, Australia has experienced multiple wet years, with vegetation regrowing strongly, but recent months of below-average rainfall have dried out many landscapes, resulting in dry fuels ready to burn.15

Recovery of fuel loads, combined with below-average rainfall in eastern NSW projected to continue throughout December, indicated that more fires could eventuate during the 2025–2026 season.16

During the January 2026 heatwave, fire danger ratings are sitting in the high to extreme range across southern Australia, with the combination of very hot air, low humidity and stronger winds creating conditions where bushfires can spread extremely quickly and be very difficult or impossible to control and contain.3

A recent report from former Australian fire chiefs and the Climate Council has warned that at least 6.9 million Australians living on the expanding fringes of capital cities could be at risk from urban fires supercharged by climate pollution.17

Floods and Rainfall Intensity

Despite Australia's natural climate variability, observations show an increase in the intensity of heavy rainfall events, with the intensity of short-duration extreme rainfall events having increased by around 10 per cent or more in some regions in recent decades, with the largest increases typically observed in the north of the country.4

Daily rainfall totals associated with thunderstorms have increased since 1979, particularly in northern Australia, primarily due to an increase in the intensity of rainfall per storm.18

Climate model simulations project that heavy rainfall events will further intensify during the 21st century, with the rate of intensification proportional to the rate of global warming.4

The intensification of heavy rainfall is attributed to warmer air being able to hold more water vapour, with moisture in the atmosphere increasing by 7 per cent per degree of warming, causing an increased likelihood of heavy rainfall events even in areas where average rainfall is likely to decrease.18

In late December 2025 and early January 2026, northern Queensland experienced catastrophic flooding as deep tropical moisture interacted with a monsoon low and an embedded trough over western Queensland, whilst enhanced onshore winds along the north-eastern coast delivered heavy to intense rainfall and thunderstorms.5

The highest fortnightly total was 1,353.8 millimetres at Cowley Beach (Defence) in Queensland, with most of this rainfall occurring in the week ending 5 January 2026.5

The highest daily total was 414.0 millimetres at Innisfail Wharf Alert in Queensland in the 24 hours to 9 am on 31 December 2025.5

Weekly rainfall totals of 50 to 400 millimetres were recorded in large parts of northern Queensland, with more than 500 millimetres falling along the north-eastern Queensland coast.19

Towns such as Bingil Bay recorded around 1.1 metres of rain in a four-day span, and Innisfail saw daily rainfall totals exceeding 400 millimetres, the highest since 1999.20

Widespread flooding triggered mass evacuation orders in Queensland's coastal regions, with major flood warnings issued for the Flinders, Cloncurry, Mulgrave, Georgina, Norman and Diamantina rivers.20

At least one person was confirmed dead as a result of the extreme weather, with emergency services responding to dozens of calls for assistance across flood-affected areas.20

The monsoon trough was situated over northern Australia for the first part of the fortnight ending 5 January 2026, with the northern Australian monsoon onset, as measured at Darwin, occurring on 23 December 2025.5

Queensland's national average annual rainfall in 2025 was 31 per cent above average, the wettest year since 2011, contributing to above-average soil moisture and elevated water storage levels in northern regions.7

Whilst natural climate variability plays a significant role in Australian rainfall patterns, with influences from La Niña and the Indian Ocean Dipole, the observed increase in heavy rainfall intensity is consistent with climate change projections and the fundamental physics of a warming atmosphere.4

Sea-Level Rise and Coastal Flooding

Sea levels around Australia have risen approximately 22 centimetres since 1900, with half of this rise occurring since 1970.6

This rise is primarily attributed to thermal expansion of warming ocean waters and the melting of land-based ice from glaciers and ice sheets.6

Around the Australian coastline, sea level has risen relative to the land throughout the 20th century, with a faster rate since 1993, partly as a result of natural climate variability.21

Rates of sea-level rise since 1993 have been above the global average around many parts of the Australian coastline, particularly in the north and south-east.22

Rising sea levels are worsening coastal and estuarine flooding during extreme rainfall events and storm surges, with the combination of high water levels, storm surges and waves causing significant coastal erosion and inundation.23

For the east and west coasts of Australia, extreme sea levels of a particular height are now exceeded three times more often in the second half of the 20th century compared to the first half.21

This effect will continue with more than a ten-fold increase in the frequency of extreme sea levels by 2100 at many locations and a much increased risk of coastal flooding and erosion, even for a low emissions pathway.21

Torres Strait Islander and coastal Indigenous communities are already feeling the impacts of sea-level rise, with several inundation events occurring on low-lying islands since 2005, threatening inhabited areas, graves and other significant cultural sites.22

Sea-level rise poses major threats to mangroves and coastal ecosystems, valuable infrastructure and development in coastal regions, with substantial economic implications for coastal communities.22

Scientific Attribution and Future Outlook

The convergence of heatwaves, fires and floods in Australia during 2025 and early 2026 reflects the established scientific understanding that climate change is increasing the frequency, intensity and duration of extreme weather events.

Attribution studies have found that human-caused climate change made south-eastern Australia's devastating wildfires during 2019–2020 at least 30 per cent more likely to occur, with the extremity of the associated heatwave about 10 times more likely now than in 1900.24

Under most climate change scenarios, fire weather is predicted to keep worsening, with the frequency of forest megafires likely to continue under future projected climate change.13

The warming in Australia is consistent with global trends, with the degree of warming similar to the overall average across the world's land areas, and all changes are consistent with predictions from climate change scenarios that severe fire weather conditions will intensify due to increasing greenhouse gas emissions.13

For heavy rainfall, whilst interannual variability in Australia is high and linked to major climate influences, climate model simulations consistently project that heavy rainfall events will further intensify during the 21st century proportional to the rate of global warming.4

Sea-level rise will continue for decades even with deep cuts to emissions, with 21st century sea-level rise for Australia likely to be close to the global average rise.21

Conclusion and Policy Implications

The escalating extremes documented across Australia in 2025 and early 2026 underscore the urgency of comprehensive climate adaptation and mitigation strategies.

Regional planners and policymakers must act decisively within the next five years to reduce long-term risk by implementing several critical measures.

First, hazard-reduction burning programmes and Indigenous cultural burning practices must be significantly expanded and integrated as core strategy, particularly in areas with high fuel loads and vulnerable communities, whilst ensuring adequate resources and personnel for emergency services.

Second, building codes in fire-prone areas must be strengthened and enforced to ensure bushfire-resistant construction, with particular attention to homes in peri-urban interfaces where forests make up more than 60 per cent of surrounding neighbourhoods.

Third, flood-resilient infrastructure and early warning systems require substantial investment, particularly in northern Queensland and other regions experiencing intensifying rainfall, with clear communication of forecast impacts to enable communities to prepare effectively.

Fourth, coastal management strategies must account for accelerating sea-level rise and increased storm surge frequency, including managed retreat from the most vulnerable low-lying areas and protection of critical infrastructure.

Fifth, urban planning must address the growing risks from extreme heat, including cooling centres, green infrastructure and water-sensitive urban design to reduce urban heat island effects.

Finally, emissions reduction remains paramount, as every increment of additional warming amplifies the frequency and severity of all these extremes, making adaptation progressively more difficult and costly.

For authoritative data and regional forecasts, policymakers and communities should consult the Bureau of Meteorology's climate monitoring services and the CSIRO and Bureau of Meteorology State of the Climate 2024 report, which provides comprehensive analysis of Australia's changing climate and projected future trends.

References

  1. Bureau of Meteorology – Annual Statement 2025
  2. Nature Communications – Multi-decadal increase of forest burned area in Australia is linked to climate change
  3. AAP News – Worst since Black Summer: heatwave, bushfire threat
  4. CSIRO – Australia's changing climate
  5. Bureau of Meteorology – Tropical Climate Update archive
  6. CSIRO – State of the Climate 2024
  7. Bureau of Meteorology – Bureau releases summary of Australia's climate in 2025
  8. Bureau of Meteorology – State of the Climate 2024: Australia's changing climate
  9. AdaptNSW – Australian climate change observations
  10. CSIRO – State of the Climate 2024: Australia is enduring harsher fire seasons
  11. Pedestrian TV – Most Significant In Years: How This Week's Heatwave Is Roasting Half The Country
  12. Bureau of Meteorology – Heatwave warning
  13. CSIRO – Australia's Black Summer of fire was not normal – and we can prove it
  14. International Journal of Wildland Fire – Future fire events are likely to be worse than climate projections indicate
  15. PreventionWeb – Primed to burn: what's behind the intense, sudden fires burning across New South Wales and Tasmania
  16. Scimex – Expert Reaction: Bushfires burning across NSW and Tasmania
  17. Climate Council – Experts Sound Alarm for Australia on Urban Fire Risk like LA
  18. Bureau of Meteorology – State of the Climate 2024: Heavy rainfall events
  19. Bureau of Meteorology – Australian rainfall update
  20. World Socialist Web Site – Australia: At least 1 dead as heavy rain and floods hit northern Queensland
  21. Australian Academy of Science – How are sea levels changing?
  22. Australian State of the Environment – Sea level rise in Australia
  23. UNSW Newsroom – How rising sea levels will affect our coastal cities and towns
  24. Natural Hazards and Earth System Sciences – Attribution of the Australian bushfire risk to anthropogenic climate change

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09/01/2026

Tipping Point 2026: Is Australia's Great Barrier Reef on the Brink of No Return? - Lethal Heating Editor BDA

Key Points
  • Sixth mass bleaching since 2016, including back-to-back events in 2024-251
  • UNESCO demands full State of Conservation report by February 20262
  • Nitrogen pollution targets won't be met until 2114 at current rates3
  • Reef contributes $6 billion annually to Australian economy4
  • El Niño probability rises to 38% by mid-20265
  • Over 70 Traditional Owner groups maintain 60,000-year connection6

The Great Barrier Reef stands at a precipice in early 2026, battered by its sixth mass bleaching event in just nine years and facing an international reckoning over its World Heritage status.1

Scientists report that back-to-back bleaching events in 2024 and 2025 mark only the second time in the reef's recorded history that consecutive years have brought such devastation, with the most recent event bleaching both the Great Barrier Reef and Ningaloo simultaneously for the first time.1

The latest survey data from the Australian Institute of Marine Science reveals coral cover plummeted by up to 30 per cent in the northern region between 2024 and 2025, with individual reefs near Lizard Island experiencing losses of up to 70 per cent.7

Ocean temperatures during November 2025 reached the highest levels on record for the Great Barrier Reef, with forecasts showing sea surface temperatures expected to remain 0.4 to 0.8 degrees Celsius above average throughout January 2026.8

Climate models now indicate El Niño probability rising to 38 per cent by mid-2026, a development that could deliver another catastrophic blow to reefs already struggling to recover.5

UNESCO's World Heritage Committee has ordered Australia to submit a full State of Conservation report by February 2026, with the reef facing potential inscription on the World Heritage In Danger list if progress is deemed insufficient.2

The crisis extends beyond climate impacts, with water quality targets consistently missed and nitrogen pollution reduction progress so sluggish that current goals won't be achieved until 2114 at existing rates.3

For the more than 70 Traditional Owner groups who have maintained connections to these waters for 60,000 years, the reef's deterioration represents not just ecological collapse but the erosion of living cultural heritage.6

With the reef contributing $6 billion annually to Australia's economy and supporting more than 60,000 jobs, the stakes extend far beyond environmental concerns to encompass regional livelihoods, cultural identity and international reputation.4

As 2026 unfolds, the question confronting policymakers, scientists and communities is stark: will this year mark a genuine turning point towards recovery, or the moment when the world's largest coral reef system crossed a threshold from which there is no return?

The Science of Collapse

The frequency and intensity of mass bleaching events have accelerated to levels that would have seemed inconceivable two decades ago.

Before the 1990s, mass bleaching was extremely rare on the Great Barrier Reef.7

The first major event struck in 1998, followed by another in 2002, but these were isolated incidents separated by years of recovery time.7

The pattern shifted dramatically in 2016 and 2017 when back-to-back bleaching events occurred for the first time, collectively affecting two-thirds of the reef.1

Since then, bleaching has struck in 2020, 2022, 2024 and again in 2025, compressing recovery windows to dangerously short intervals.1

Research published in January 2025 documented catastrophic mortality rates during the 2024 event, with 80 per cent of coral colonies at One Tree Island bleached by April and 44 per cent dead by July.9

Some coral genera, particularly Acropora, experienced mortality rates reaching 95 per cent.9

The 2024 bleaching event was confirmed as the most spatially extensive since monitoring began in 1986, with aerial surveys showing 73 per cent of 1,080 reefs assessed displaying some level of bleaching.10

On 40 per cent of surveyed reefs, more than half the corals were completely white.10

The southern Great Barrier Reef, which had been relatively spared in earlier events, experienced its highest recorded levels of heat stress in 2024, with coral cover declining by almost one-third to just 26.9 per cent.11

These declines in both the northern and southern regions represented the largest single-year losses since monitoring began 39 years ago.11

The cumulative impact of six mass bleaching events since 2016 has fundamentally altered the reef's ecology.

Coral reefs require years, sometimes decades, to fully recover from severe bleaching, yet the average interval between mass bleaching events on the Great Barrier Reef has been cut in half since 1980.12

Recent ocean temperature data provides little reason for optimism about recovery prospects.

A Nature study published in August 2024 confirmed that ocean temperatures causing mass bleaching over the past decade are the warmest in 400 years and are directly attributable to human-caused climate change.13

The research showed that heat extremes in 2024, 2017 and 2020 exceeded the 95th percentile uncertainty limit of reconstructed pre-1900 maximum temperatures.13

Current monitoring shows no respite on the horizon.

November 2025 recorded the highest average monthly sea surface temperatures ever documented for the Great Barrier Reef.8

Degree heating weeks, which measure the duration and intensity of thermal stress, have begun accumulating across most reefs in the Far Northern region and on some inshore reefs in the Central and Southern regions.8

December 2025 surveys detected low to high levels of coral bleaching across multiple reefs in the Northern and Central regions, with sea surface temperatures in the first half of December remaining about 1 degree Celsius above the long-term average.8

The threat extends beyond heat stress alone.

Crown-of-thorns starfish outbreaks continue to impact reefs across the Marine Park, with the most severe infestations occurring in the Southern region and the Northern region between Cairns and Lizard Island.8

The combination of thermal stress, predator outbreaks and cyclone damage creates what scientists describe as an elevated disturbance environment where recovery intervals are becoming dangerously short.14

Government Under Fire

Australia's management of the Great Barrier Reef faces unprecedented international scrutiny as UNESCO's deadline approaches.

In July 2025, the World Heritage Committee ordered a full review of Australia's reef management to be completed in 2026, following the sixth mass bleaching event in nine years and severe coastal flooding.2

The review represents a critical test of whether Australia's efforts are sufficient to protect this globally significant natural wonder.

If progress is deemed inadequate, the reef could be recommended for inscription on the World Heritage In Danger list.2

UNESCO flagged four key areas where Australia is falling short: cutting climate pollution, improving water quality, preparing for climate-driven disasters and ensuring sustainable fisheries management.2

The water quality failure stands as particularly damning evidence of inadequate action.

The Reef 2050 Water Quality Improvement Plan aimed to cut dissolved inorganic nitrogen levels by 60 per cent by 2025, but nitrogen levels have been reduced by only 28.4 per cent compared with the 2009 baseline.15

The latest report card shows nitrogen pollution was cut by only 0.7 per cent in the two years to 2022.15

At this rate, the nitrogen reduction target will not be met until 2114—nearly 90 years late.3

Sediment reduction has fared only marginally better, with just 16 per cent progress towards the 25 per cent reduction target, and projections suggesting the goal won't be achieved until 2047.3

The problem is compounded by ongoing land clearing in reef catchments.

Nearly 48,000 hectares of land has been cleared in the most sensitive areas along watercourses leading to reef waters, directly counteracting millions of dollars invested in repairing streambanks and gullies.15

Agricultural runoff continues to deliver excessive nutrients, sediment and pesticides into the 35 major catchments that drain into the reef, with flood events sending contaminants more than 100 kilometres offshore.2

Climate policy presents another area of international concern.

Despite having spent approximately $2.25 billion over the past two decades on water quality improvements, Australia's climate ambitions remain misaligned with what scientists say is necessary to protect coral reefs.3

Conservation groups argue that Australia must adopt reef-safe climate policies, including cutting climate pollution by 90 per cent by 2035 and stopping approvals for new fossil fuel projects.2

The approval of new fossil fuel developments continues despite warnings that such projects are incompatible with keeping global temperature rise to 1.5 degrees Celsius, the critical threshold for coral reef survival.

Extractive industries such as the wild harvest of coral for aquariums continue to operate despite growing concern over their impact, while deforestation along the coastline persists without clear progress on reduction measures.2

The Australian Government maintains that it is doing more than ever to protect the reef, pointing to unprecedented levels of investment and the comprehensive Reef 2050 Long-Term Sustainability Plan.16

Since 2014, the Australian and Queensland governments, along with private sector contributions, have committed more than $5 billion from 2014-15 to 2029-30 for conservation and protection measures.17

However, critics contend this investment has been poorly targeted, spread too thinly across the catchment rather than concentrated on areas contributing the most pollution.18

Voices from the Reef

Scientists and conservation managers working on the front lines of reef protection paint a picture of an ecosystem under siege from multiple, compounding threats.

Dr Lissa Schindler, Great Barrier Reef Campaign Manager at the Australian Marine Conservation Society, characterises the 2026 review as a critical test for Australia.

She argues that protecting the reef and keeping it off the World Heritage In Danger list requires Australia to adopt reef-safe climate policies as the number one priority.2

Dr Mike Emslie, leader of the Australian Institute of Marine Science's Long-Term Monitoring Program, emphasises the unprecedented nature of current disturbances.

Recent gains in coral cover, while encouraging, can be lost in a short time, he notes, with climate change driving more frequent and extensive marine heatwaves that shorten windows for coral recovery.19

Professor Maria Byrne from the University of Sydney, who documented the catastrophic 2024 bleaching event at One Tree Island, stresses that findings underscore the urgent need for action to protect coral reefs.

Reefs are not only biodiversity hotspots but also crucial for food security and coastal protection, she observes, noting that even protected areas were not immune to extreme heat stress.9

Professor Ana Vila Concejo, co-author of the One Tree Island study, describes the research as a wake-up call for policymakers and conservationists, emphasising that the resilience of coral reefs is being tested like never before.9

International research offers both cautionary tales and glimmers of hope for reef management.

Studies of the Mesoamerican Reef have demonstrated that comprehensive fisheries management can contribute to reef recovery even amid climate pressures, suggesting that addressing local threats can boost resilience against global stressors.

However, the scale of climate change impacts increasingly overshadows local management successes.

Dr Max Hirschfeld, AMCS Great Barrier Reef Water Quality Manager, emphasises that water pollution reduction is essential for improving the reef's resilience to survive and recover from increasingly frequent mass bleaching events, cyclones and floods.3

Without a fully costed and coordinated plan, governments risk overpromising and underdelivering to UNESCO and the Australian public, jeopardising local tourism and fishing economies, thousands of jobs and the future of the reef.3

Traditional Owner voices add crucial cultural and ecological perspectives to reef management discussions.

Through initiatives such as the Healing Country statement, Traditional Owners call for action based on holistic approaches that link environmental, animal and human health and wellbeing.20

More than 65 Traditional Owner groups are actively involved in creating stronger First Nations-led processes, inclusive governance and management of the reef, employment pathways and conservation methods that recognise cultural values and diversity.20

Economic and Cultural Stakes

The Great Barrier Reef's economic value extends far beyond simple tourism figures.

The reef contributes $6.4 billion annually to the national economy and supports more than 60,000 jobs across tourism, fisheries, aquaculture, research and conservation sectors.4

Recent analysis values the reef's total economic, social and icon asset value at $95 billion, up from $56 billion in 2017.21

The reef provides access for more than 2 million tourists each year, with tourism concentrated in approximately 7 per cent of the total Marine Park area, primarily around Cairns, Port Douglas and the Whitsundays.22

Research indicates that limiting global warming to below 2 degrees Celsius could open the door to a $110 billion opportunity over the next 50 years, demonstrating that protecting the reef is also an investment in Australia's economic future.21

However, if reef health continues to decline, the ripple effects will be felt across Australia through fewer visitors, less investment in small businesses and regional jobs at risk.21

The cultural stakes are equally profound, particularly for the more than 70 Traditional Owner groups whose connections to these waters span 60,000 years.6

For Traditional Owners, the reef represents far more than a biodiverse ecosystem—it is a sacred, living entity embedded in culture, law and identity.23

Sea Country encompasses the marine territories that Aboriginal and Torres Strait Islander peoples own, manage and maintain spiritual connections with, holding the same cultural, spiritual and practical significance as terrestrial lands.24

Indigenous philosophy makes no fundamental distinction between land and sea; both comprise country, the integrated physical and spiritual realm where ancestors created landscapes, spirits reside and living people maintain responsibilities to care for and protect.24

The reef contains sacred sites, burial grounds, fish traps and places of ceremony, many dating back thousands of years, with some heritage sites now underwater from sea level rise.25

Traditional ecological knowledge documents coral spawning cycles, fish migration patterns and weather predictions developed over millennia, transmitted through songlines, ceremonies and storytelling.24

The deterioration of reef health threatens not just economic livelihoods but the intergenerational transmission of cultural knowledge and practices that have sustained Traditional Owner communities for hundreds of generations.

Recognition and empowerment of Indigenous leadership, knowledge and cultural rights is essential not only for social justice but also for the long-term sustainability of the reef.23

Through programs such as Traditional Use of Marine Resources Agreements and Indigenous Land and Sea Ranger initiatives, Traditional Owners are increasingly integrated into decision-making, compliance, monitoring and education activities.23

The Reef Trust Partnership allocated $51.8 million towards co-designed, Traditional Owner-led reef protection, representing the largest single investment in Indigenous reef protection to date.26

Paths to Resilience?

The question confronting Australia in 2026 is whether genuine pathways to reef resilience remain viable or whether tipping points have already been crossed.

Scientific consensus points to rapid, deep emissions cuts as the fundamental prerequisite for reef survival.

Research confirms that achieving strong greenhouse gas emissions reductions remains the only pathway to limit climate change impacts and reduce risks to the reef and all the world's coral reefs.27

Even under the most optimistic future warming scenario, one in which global warming does not exceed 1.5 degrees Celsius above pre-industrial times, all warm-water coral reefs are virtually certain to pass a point of no return.28

The European Union has set a binding 2040 climate target of reducing net greenhouse gas emissions by 90 per cent compared to 1990 levels.29

Conservation advocates argue Australia must adopt comparable ambition, with calls for 90 per cent emissions cuts by 2035 to be considered truly reef-safe policy.2

Alongside emissions reductions, intensive catchment interventions offer opportunities to reduce local stressors.

Rehabilitation of just 5 per cent of a land parcel to wetlands can reduce nitrogen pollution by 20 to 50 per cent, highlighting the potential of coastal wetland protection and restoration programs.30

The Australian Government announced an additional $192 million in funding for water quality improvements in August 2024, with welcome focus on protecting and restoring coastal wetlands that trap sediment and filter water pollution.31

Targeting pollution hotspots rather than spreading funding thinly across entire catchments could significantly improve cost-effectiveness of interventions.18

The Reef Restoration and Adaptation Program represents the largest marine research program of its kind globally, working with more than 300 researchers to design and prove solutions that help shield reefs from climate change impacts and fast-track recovery and regeneration.32

Research focuses on identifying genetic markers indicating corals most likely to survive heat stress, developing methods to help other corals become more heat tolerant, prototyping equipment to help cool and shade reefs during summer months and establishing 90 monitoring sites to prioritise response efforts.32

However, restoration efforts alone cannot substitute for addressing root causes.

As one researcher observed, enabling coral reefs to survive current conditions requires a combination of global greenhouse gas reductions to stabilise temperatures, best-practice management of local pressures and the development of interventions that support reef adaptation and recovery in response to a changing climate.14

The integration of Traditional Owner knowledge with Western science offers another promising pathway.

Traditional Owners have nurtured harmonious and reciprocal relationships with the reef over millennia through deep spiritual and cultural connections that are now recognised as vital to collective action needed to protect the reef into the future.20

Indigenous peoples and local communities are known to be highly effective stewards of 80 per cent of the planet's remaining biodiversity, suggesting that empowering Traditional Owner leadership could significantly enhance management effectiveness.20

The path forward requires coordinated action across multiple scales and timeframes.

In the immediate term, Australia must demonstrate sufficient progress to UNESCO by February 2026 to avoid In Danger listing.

Over the next five years, meeting revised water quality targets, accelerating emissions reductions, stopping destructive land clearing and expanding Traditional Owner-led management will be essential.

But the ultimate question remains whether political will can match scientific urgency before ecological tipping points foreclose options for recovery.

What Must Happen Now

Regional planners and policymakers face a compressed timeline to reduce long-term risk to the Great Barrier Reef over the next five years.

Immediate priorities include developing a fully costed implementation plan for achieving water quality targets by 2030, with funding directed to pollution hotspots rather than spread evenly across catchments.

Nitrogen and sediment reduction strategies must be accelerated through enforceable regulations on agricultural practices, mandatory erosion control measures and comprehensive coastal wetland protection and restoration programs targeting at least 5 per cent of priority land parcels.

Land clearing in reef catchments, particularly along watercourses, must be halted immediately and existing clearing prosecuted under environmental regulations.

Climate policy must align with science-based targets, including 90 per cent emissions reductions by 2035 and moratoriums on new fossil fuel project approvals that would push temperatures beyond 1.5 degrees Celsius warming.

Traditional Owner leadership in reef management must be substantially expanded through increased funding for Indigenous ranger programs, formal co-management arrangements incorporating cultural protocols and enhanced representation in governance structures.

Crown-of-thorns starfish control efforts require sustained funding and coordination, while extractive industries incompatible with reef protection should be phased out.

Monitoring and adaptive management systems need strengthening to provide real-time data supporting rapid response to emerging threats.

Finally, Australia must demonstrate to UNESCO and the international community that these measures represent genuine commitments backed by adequate resources rather than aspirational goals repeatedly deferred.

Without comprehensive action across all these fronts, 2026 risks marking the year when the world's largest coral reef system passed from vulnerability into irreversible decline.

References

  1. Coral Bleaching 2026: What It Means for the Reef - Great Barrier Reef Foundation
  2. World Heritage Committee orders full review of Australia's management of the Great Barrier Reef next year - Australian Marine Conservation Society
  3. GBR Report Card 2023: Nitrogen pollution so bad targets won't be met until 2114 - Australian Marine Conservation Society
  4. The Facts: Economic Value and Importance - Great Barrier Reef Foundation
  5. ENSO Outlook: El Niño Southern Oscillation Forecast - Australian Bureau of Meteorology
  6. Traditional Owners: First Nations Partnerships and Engagement - Great Barrier Reef Marine Park Authority
  7. Latest reports on Great Barrier Reef condition: Long-Term Monitoring Program - Australian Institute of Marine Science
  8. Reef Health: Current Status and Monitoring - Great Barrier Reef Marine Park Authority
  9. Great Barrier Reef bleaching study reveals 'catastrophic' coral deaths at One Tree Island - University of Sydney
  10. 2024 coral bleaching update: Aerial Survey Results - Great Barrier Reef Marine Park Authority
  11. Annual Summary Report on Coral Cover 2024: Regional Declines and Recovery Trends - Australian Institute of Marine Science
  12. Increased frequency of marine heatwaves in the Arctic since 2000 - Nature Climate Change
  13. The 2024 Great Barrier Reef bleaching event is the warmest in 400 years - Nature
  14. Coral Reef Resilience: Adaptation and Recovery Research - Australian Institute of Marine Science
  15. Reef Water Quality Report Card: Progress Towards 2025 Targets - Reef 2050 Water Quality Improvement Plan
  16. Great Barrier Reef: Australian Government Management and Protection - Department of Climate Change, Energy, the Environment and Water
  17. Reef 2050 Long-Term Sustainability Plan 2021-2025: Actions and Investments - Australian Government
  18. We spent $2.25 billion on the Great Barrier Reef. Now it's in danger of World Heritage listing. Here's what we did wrong - The Conversation
  19. Long-Term Monitoring Program Annual Summary Report: Methodology and Findings - Australian Institute of Marine Science
  20. Healing Country: Traditional Owner-led Reef Protection Statement - Great Barrier Reef Marine Park Authority
  21. Latest reef valuation estimates it's worth $95 billion: Economic and Social Asset Value - Great Barrier Reef Foundation
  22. Tourism in the Marine Park: Visitor Numbers and Economic Impacts - Great Barrier Reef Marine Park Authority
  23. Recognition and empowerment of Traditional Owners: Indigenous Leadership and Knowledge - Great Barrier Reef Marine Park Authority
  24. Sea Country: Aboriginal and Torres Strait Islander Maritime Connections - Australian Institute of Aboriginal and Torres Strait Islander Studies
  25. Indigenous Heritage: Sacred Sites and Cultural Landscapes - Great Barrier Reef Marine Park Authority
  26. Reef Trust Partnership: Traditional Owner-led Reef Protection Investment - Reef Resilience
  27. Climate Change and the Reef: Emissions Reduction as the Primary Solution - Great Barrier Reef Marine Park Authority
  28. Ocean and Coastal Ecosystems and their Services: IPCC Sixth Assessment Report - IPCC AR6 WGII Chapter 3
  29. 2040 Climate Target: EU Binding Emissions Reduction Goals - European Commission
  30. Coastal wetlands help protect the Great Barrier Reef: Nitrogen Reduction Strategies - Australian Government
  31. $192 million to protect water quality of the Great Barrier Reef: Wetland Restoration Focus - Minister Plibersek Media Release
  32. Reef Restoration and Adaptation Program: Science-based Interventions for Reef Recovery - Great Barrier Reef Foundation

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08/01/2026

From the Courtroom to the Climate Frontline: How Australian Litigation Is Redrawing the Boundaries of Climate Accountability

Key Points
  • Australian courts now sit at the centre of a fast-growing wave of climate litigation, spanning human rights, corporate disclosure, greenwashing, and government accountability. 1
  • Landmark cases have tested whether governments owe a legal duty of care to protect children and First Nations communities from climate harm, with mixed outcomes but powerful political reverberations. 2
  • Regulators and investors are increasingly using misleading and deceptive conduct provisions to challenge greenwashing and weak climate-risk disclosure in financial markets. 3
  • Community-led actions have forced agencies such as the NSW Environment Protection Authority to confront greenhouse gas pollution directly in their policies and plans. 4
  • International human rights bodies have found Australia in breach of obligations to Torres Strait Islanders, adding global pressure on domestic climate policy. 5
  • The next five years will see climate risk regulation harden, with mandatory disclosure and closer scrutiny of net zero claims reshaping how governments and corporations plan for a warming world. 6
In courtrooms across Australia, climate change has shifted from a distant policy debate to a live legal risk for ministers, regulators, and company directors.

Over the past decade, Australia has become one of the world's busiest jurisdictions for climate litigation, with dozens of new filings and judgments each year touching everything from coal approvals to superannuation marketing.1

A new generation of cases now targets duties of care, human rights obligations, and the integrity of climate disclosures, rather than only attacking individual fossil fuel projects.23

Young people, First Nations leaders, bushfire survivors, and institutional investors are using the law to test whether governments and corporations can ignore escalating climate risk.15

Regulators such as ASIC and APRA, under pressure from global markets, are warning that climate risk is a core financial stability issue, not a niche environmental concern.4

At the same time, a series of high-profile rulings has drawn sharp lines around what courts will, and will not, do when asked to set climate policy from the bench.14

The result is a contested, rapidly evolving legal landscape, where every judgment sends signals to planners, investors, and communities about how far the law will stretch to meet the climate crisis.23

For regional Australia in particular, the outcomes of these cases will shape who bears the costs of fires, floods, and rising seas in the decades ahead.23

Australian climate litigation in context

Australia now ranks among the top jurisdictions globally for the number of climate-related cases, reflecting both its fossil-fuel-heavy economy and its acute exposure to climate impacts.23

Data from the University of Melbourne's Australian Climate Change Litigation database show that 46 climate-related judgments or new proceedings were recorded in 2021 alone, up from 31 in 2020 and 27 in 2019.23

These cases fall into categories that include project approvals, corporate accountability, constitutional and human rights claims, and actions aimed at expanding access to justice for climate-affected communities.

Behind the statistics sit repeated climate-linked disasters, including the Black Summer bushfires, coastal inundation in the Torres Strait, and intensifying flood cycles, which have supplied both plaintiffs and evidence of harm.15

Testing duty of care: Sharma and Pabai

One of the most closely watched cases of recent years was Sharma v Minister for the Environment, brought in the Federal Court by eight children. They argued that the Environment Minister owed them a duty of care when deciding whether to approve a coal mine expansion in New South Wales.14

In 2021, Justice Bromberg found at first instance that the Minister owed Australian children a duty to take reasonable care to avoid causing them physical harm from climate change when exercising powers under the Environment Protection and Biodiversity Conservation Act 1999. This novel ruling drew global attention.14

On appeal in March 2022, the Full Federal Court unanimously overturned that duty of care. It held that the statute could not be read as creating such an obligation. Recognising it would involve an impermissible step into high-level policy choices reserved for the executive and legislature.17

The judges did not disturb the factual findings about the seriousness of climate risk, but refused to extend negligence law to require the Minister to protect children from that risk when deciding project approvals.17

A similar duty-of-care argument surfaced in Pabai Pabai and Guy Paul Kabai v Commonwealth of Australia, a class action filed in the Federal Court on behalf of Torres Strait Islanders threatened by sea-level rise and erosion.21

The applicants alleged that the Commonwealth owed concurrent duties to set greenhouse gas targets consistent with the best available science and to fund adaptation measures, such as seawalls, to protect their islands and culture.21

In July 2025, Justice Wigney rejected the claim, finding that the Commonwealth did not owe them a duty of care. Even if it did, any additional emissions arising from inadequate targets would make only an extremely small, unmeasurable contribution to global temperature rise and associated harm.24

The ruling echoed the reluctance seen in Sharma to impose broad negligence duties on the federal government for global climate outcomes, even as the court accepted the seriousness of the risks confronting Torres Strait communities.27

Human rights and the Torres Strait

While Australian courts have so far declined to recognise a domestic duty of care in these cases, an international human rights body has reached a starkly different conclusion about the Commonwealth's obligations to Torres Strait Islanders.5

In September 2022, the United Nations Human Rights Committee found that Australia had violated the rights of a group of Torres Strait Islanders under the International Covenant on Civil and Political Rights. It had failed to take adequate adaptation and mitigation measures to protect them from climate impacts.5

The Committee held that Australia had breached rights including the right to culture and the right to be free from arbitrary interference with private life, family, and home, given the Islanders' deep spiritual connection to their land and the physical threats posed by rising seas and flooding.5

It directed Australia to provide effective remedies, including compensation, consultation with affected communities, and urgent measures to secure the long-term habitability of the islands, adding international pressure on domestic planners and policymakers.5

References

1. Trends in Australian Climate Litigation: 2021 – University of Melbourne

2. Sharma v Minister for the Environment – Environmental Law Australia

3. O'Donnell v Commonwealth of Australia – Equity Generation Lawyers

4. APRA's response to climate-related financial risks – APRA

5. UN Human Rights Committee finds Australia violated Torres Strait Islanders' human rights – Human Rights Law Centre

6. Claim against Commonwealth Government highlights climate-related corporate governance risk – DLA Piper

7. Corporate governance update: climate change risk and disclosure – ASIC

8. Climate Change Class Action Relating to Australian Sovereign Bonds Permitted to Proceed – Jones Day

9. CPG 229 Climate Change Financial Risks – APRA Prudential Practice Guide

10. Sharma and others v Minister for the Environment – Climate Change Litigation Database

11. Bushfire Survivors Hail Landmark Legal Win on Climate – Environmental Defenders Office

12. ACCR expands landmark Federal Court case against Santos – ACCR

13. Sharma and others v Minister for the Environment – judgment summary

14. NSW Environment Protection Authority Court Case – Bushfire Survivors for Climate Action

15. Australasian Centre for Corporate Responsibility expands landmark case against Santos – EDO

16. Sharma v Minister for Environment – Equity Generation Lawyers

17. Bushfire Survivors for Climate Action Inc v Environment Protection Authority – Case summary

18. Greenwashing proceedings in Federal Court – ACCR

19. Pabai Pabai and Guy Paul Kabai v Commonwealth of Australia – Climate Change Litigation Database

20. Pabai decision: Federal Court finds no duty of care to protect Torres Strait Islanders from climate change – Corrs Chambers Westgarth

21. ASIC sues Mercer for greenwashing – Peters & Peters

22. Australian and Pacific Climate Change Litigation Database – University of Melbourne

23. ASIC's first greenwashing case results in $11.3 million penalty against Mercer – ASIC media release

24. Climate Change Litigation – Law Society of NSW briefing paper

25. Case Overview: Torres Strait Islanders and Climate Change – University of Toronto Faculty of Law Review

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