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The Canberra Times
The Canberra Times
Lucy Arundell

Why this Canberran is fighting for a duty of care to our environment

Anjali Sharma, the teenager who took the federal government to court over a coal mine, wants politicians to start thinking about their grandchildren's future.

The now 20-year-old student at the Australian National University has joined calls for a national human rights act to make politicians take Australia's children and future generations into account when making environmental decisions.

She's been advocating for a legal duty of care, a law that would force governments to consider the health and wellbeing of future generations when assessing fossil fuel projects.

"The tangible outcomes then could absolutely not be the ones that we saw a few days ago when those three coal mines were approved," she said.

"Obviously, it wouldn't be a definite because this is an ability to ban all fossil fuel exploration altogether ... but it definitely could have brought about a different outcome if it was in place."

The call for a human rights act

Her push for a right to a healthy environment has been echoed by National Children's Commissioner Anne Hollonds, who called for better human rights protection for children in her October address to the National Press Club.

Amnesty International wants the Labor government to commit to a human rights act ahead of the next election, with spokesperson Kyinzom Dhongdue saying the government needs to accept the recommendations of the Labor-led parliamentary committee in May 2024.

Anjali Sharma, inset, and Parliament House. Pictures by Lincoln Magee, Dion Georgopoulos

"[it came] out with very clear recommendations, calling for a Human Rights Act," she said.

"It's now been a couple of months and we have been waiting for the government to accept the recommendation and to go into the federal election with a very clear commitment to legislate in the next term."

Ms Sharma, who alongside other children took the federal environmental minister to court in 2021 to prevent the expansion of a coal mine in NSW, said the public has an appetite for change.

"It's not just a niche-activist, climate-NGO kind of call now, this is very, very broad in society," she said.

"It doesn't cost much at the ballot box given that people under the age of 18 can't vote, the government can continue to prioritise its other interests ... it's disappointing to see but with the momentum that we've built and we will continue to harness, we hope that things will change."

The environmental duty of care

Ms Sharma's Climate Change Amendment bill, also know as the Duty of Care bill, was introduced by ACT senator David Pocock in 2023, but faltered after a senate committee recommended it not be passed in June 2024.

That was despite the climate legislation receiving more than 400 submissions in favour of the amendment, and one against. Submissions came from local councils, youth advocacy group, and even multinational Ben & Jerry's ice cream.

The bill was designed to force government to consider the impacts of fossil fuel projects emitting more than 100,000 tonnes of carbon on the health and well-being of young people.

Ms Sharma said a framework designed by the public service would help the government weigh in the climate costs of policies, and broaden the grounds on which leaders could say no to fossil fuel projects.

The ACT updated its human rights act in August 2024, including an Australian-first right to a healthy environment, but Ms Sharma said there's more to be done.

"The ACT has great legislative protections for the environment when compared to many other jurisdictions around the country, but in terms of future generations, all jurisdictions including the ACT can do more."

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