Federal Court finds Australian children are owed a duty of care
in relation to climate change
In the recent decision of Sharma v Minister for the
Environment [2021] FCA 560, the Federal Court held that
Minister Ley, the Federal Minister for the Environment, owes
Australian children a duty of care when considering whether to
approve the Vickery Coal mine extension project (Extension
Project) under Environment Protection and Biodiversity
Conservation Act 1999 (Cth) (EPBC Act).
This decision is likely to have widespread implications not only
for the future of resource project approvals, but also for various
decision makers when exercising statutory powers in the context
proposed developments with potential climate change impacts.
