Canberra is poised to pioneer the legal right to a healthy environment. 

The Australian Capital Territory (ACT) is on the verge of establishing a groundbreaking legal right in the form of the Human Rights (Healthy Environment) Amendment Bill 2023, potentially making Canberra the first place in Australia to recognise the right to ecological safety.

The bill presented in the ACT Legislative Assembly will enable individuals to report violations of a healthy environment to the ACT Human Rights Commission.

Complaints will not entail penalties, allowing time for international comparisons and public comprehension.

The bill is designed to address the challenges posed by climate change and safeguard the environment for future generations. 

It defines a healthy environment as encompassing clean air, a secure climate, access to safe water, sustainable food production, healthy biodiversity, and ecosystems.

Under this legislation, ACT authorities will be obligated to consider environmental factors when making decisions and carrying out functions. 

However, violations of the proposed law will not result in penalties initially, offering time for global comparisons and public awareness.

Human Rights Minister Tara Cheyne has underlined the bill's alignment with global efforts to protect healthy environments, particularly in the face of climate change, environmental pollution, and biodiversity loss, collectively referred to as the “triple planetary threat”.

The United Nations General Assembly has also recognised access to a clean and healthy environment as a universal human right.

Environmental lawyers, represented by the Environmental Defenders Office (EDO), support the bill but also call for its extension to apply to private entities.

The Human Rights Law Centre commends the ACT Government for introducing legislation to establish the right. 

Keren Adams, Legal Director at the Human Rights Law Centre, has stressed the importance of ensuring that Aboriginal and Torres Strait Islander people play a central role in defining the right to a healthy environment in the ACT. 

She highlighted the critical need for governments across Australia to act and protect ecosystems in the face of climate change, biodiversity loss, and pollution, which pose significant threats to human rights and the environment.

In a global context, over 155 countries already recognise the right to a healthy environment through national and regional laws.