Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92

Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92

The EPA has a duty under s 9(1)(a) of the Protection of the Environment Administration Act 1991 (NSW) to develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change, and this duty remains unperformed. None of the EPA's existing instruments sufficiently address environment protection from climate change. Accordingly, mandamus should issue compelling the EPA to perform its duty, but the Court will not order the EPA to take a specific regulatory approach beyond the statutory requirement.

Parties
Applicant: Bushfire Survivors for Climate Action Incorporated; Respondent: Environment Protection Authority
Jurisdiction
Australia
Judgment Date
26 August 2021
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Application allowed. Mandamus granted.
Legal Topics
Statutory Duty—failure to Perform, Mandamus, Climate Change Policy, Judicial Review of Statutory Powers, Discretion in Performing Statutory Duties
Environmental Law Administrative Law Statutory Duty—failure to Perform Mandamus Climate Change Policy Judicial Review of Statutory Powers Discretion in Performing Statutory Duties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 28 Party arguments 2
Sign in to unlock

Parties

Bushfire Survivors for Climate Action Incorporated

Applicant

Environment Protection Authority

Respondent

Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 What is the nature and content of the duty imposed on the EPA by s 9(1)(a) of the Protection of the Environment Administration Act 1991 (NSW)?
  2. 2 Has the EPA breached its duty under s 9(1)(a)?
  3. 3 What order should be made to remedy the breach of duty?

Ratio Decidendi

The EPA has a duty under s 9(1)(a) of the Protection of the Environment Administration Act 1991 (NSW) to develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change, and this duty remains unperformed. None of the EPA's existing instruments sufficiently address environment protection from climate change. Accordingly, mandamus should issue compelling the EPA to perform its duty, but the Court will not order the EPA to take a specific regulatory approach beyond the statutory requirement.

Court Disposition

Application allowed. Mandamus granted.

Orders

  • The Environment Protection Authority, in accordance with s 9(1)(a) of the Protection of the Environment Administration Act 1991 (NSW), is to develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change.
  • The respondent is to pay the applicant's costs of the proceedings.