(AU The Australian) Environment Minister Sussan Ley Frosty On Climate Change Ruling

The Australian - Olivia Caisley

Environment Minister Sussan Ley. Picture: NCA NewsWire / Martin Ollman

Environment Minister Sussan Ley disagrees with a Federal Court ruling that she has a duty of care to protect children against future personal injury from climate change after a Melbourne justice found she had a responsibility to shield future generations from emissions.

The court last month ruled she owed children a duty of care for the health risks linked to climate change – but refused to impose an injunction preventing the expansion of the Vickery coalmine near Gunnedah, NSW.

The court heard the 100 million tonnes of CO2 was likely to cause a tiny but measurable increase to global average surface temperatures.

“In my assessment, that risk is real, meaning that it may be remote but it is not far-fetched or fanciful,” Justice Mordecai Bromberg said.

“Those potential harms may fairly be described as catastrophic, particularly should global average surface temp­eratures rise to, and exceed, 3C beyond the pre-industrial level.”

Justice Bromberg said the court heard one million of today’s Australian children were expected to suffer at least one heat-stress episode serious en­ough to require acute care in a hospital.

But Ms Ley disputed the finding at the National Press Club on Wednesday, declaring: “I didn’t agree with the judgment.”

She said she didn’t know how the court’s finding would affect the government’s environmental approval processes or the ability of mining businesses to work in Australia when no final orders had been made.

“I will continue to make decisions in accordance with the EPBC Act, and beyond that the matter is still under legal contest,” she said.

Ms Ley also revealed she had been checking federal environmental laws to find a provision to direct the NSW government to tackle the booming feral horse population in Kosciuszko National Park.

This followed the Berejiklian government caving in to pressure from Deputy Premier John Barilaro, in 2018, and vetoing the culling of horses in the park.

“I’m looking through the EPBC Act. I’d love to find permission in there that could actually allow the commonwealth to have a say in a heritage-listed national park,” Ms Ley said.

Ms Ley said she had recently flown over the park to see the damage caused by the horses.

She also accused Labor of being split on environmental reform with “one foot planted either side of a barbed wire fence, whistling to mining electorates from the Hunter to the Pilbara in one voice and suburban electorates in another”.

Links

• (AU Legal) Minister Found To Owe Duty Of Care To Consider Climate Change In Decision Making
• (AU The Guardian) Australian Court Finds Government Has Duty To Protect Young People From Climate Crisis
• (AU) 'A Duty Of Care': Australian Teenagers Take Their Climate Crisis Plea To Court 
• Climate Change Litigation Update
• Students win landmark climate case. In global first, Minister has duty of care to protect young people from climate change
• Climate change, governments and human rights
• These Aussie Teens Have Launched A Landmark Climate Case Against The Government. Win Or Lose, It’ll Make A Difference
• (AU) A Major Report Excoriated Australia’s Environment Laws. Sussan Ley’s Response Is Confused And Risky