Bushfire Survivors for Climate Action Inc v Environment Protection Authority

In the matter of Bushfire Survivors for Climate Action Inc v Environment Protection Authority, the Federal Court was tasked with addressing the role of the Environment Protection Authority (EPA) in the context of climate change and environmental protection. The plaintiff, Bushfire Survivors for Climate Action Inc, sought a declaration and an injunction to compel the EPA to develop environmental quality objectives, guidelines, and policies to mitigate climate change impacts. The dispute centred around the EPA's perceived failure to adequately address the environmental consequences of climate change, despite its statutory obligations under the Protection of the Environment Administration Act 1991 (NSW).

The legal issues before the court encompassed the interpretation of the statutory duties imposed on the EPA by the Act, and whether these duties encompassed the obligation to proactively develop strategies and policies to combat climate change. The court was required to determine whether the EPA had a mandate to act in a preventative capacity, and if its current approach was in line with the legislative intent to protect the environment from the adverse effects of climate change.

In its judgment, the court found that the EPA's role included the development of environmental quality objectives, guidelines, and policies to ensure effective protection of the environment from climate change. The court emphasised the importance of the EPA taking a proactive stance in addressing environmental issues, particularly those arising from climate change. The court held that the EPA's current approach did not sufficiently align with its statutory responsibilities, leading to the conclusion that the EPA must develop the required objectives, guidelines, and policies. Consequently, the court ordered the EPA to take these actions and also ruled that the EPA must bear the costs of the proceedings.

The final orders of the court mandated the EPA to develop environmental quality objectives, guidelines, and policies as required under section 9(1)(a) of the Protection of the Environment Administration Act 1991 (NSW), and to pay the costs of the applicant's proceedings.