Duty of care imposed by the Federal Court

Eligibility - Queensland residents
Principal Petitioner:
Tony Magrathea
62B Cooroora Street
DICKY BEACH QLD 4551
Total Signatures - 547
Sponsoring Member: The Clerk of the Parliament
Posting Date: 16/7/2021
Closing Date: 30/8/2021
Tabled Date: 31/8/2021
Responded By: Hon Meaghan Scanlon MP on 30/9/2021
TO: The Honourable the Speaker and Members of the Legislative Assembly of Queensland

Queensland residents draws to the attention of the House that in Sharma v. Minister for the Environment [2021] FCA 560, Federal Court Justice Mordecai Bromberg said the Federal Environment Minister had a ‘duty to take reasonable care’ to ‘avoid causing personal injury or death’ to Australians under 18 years of age that arose ‘from emissions of carbon dioxide into the Earth’s atmosphere’.

This is the first time in Australia that a court has recognised a duty of care owed to children by a Minister exercising powers under any statutory environment or planning regime. It is likely that the decision can and will be applied to State and Local environmental legislation, particularly where projects are likely to have material emissions profiles.

Your petitioners, therefore, request the House to take action to implement the duty of care imposed by Justice Bromberg by: Stopping all new coal licences which have not begun mining coal; Stop all land clearing of trees, shrubs, bush and forest throughout the State; Implement proceedings so that all wood burning fires are banned, indoor and out; Change building regulations so that solar panels and batteries are compulsory on all houses before sale or rental; Declare a climate crisis; and take all measures possible for the House to lower emissions throughout the state.