The NSW Land and Environment Court has ruled that the NSW Environment Protection Authority (NSW EPA) has a duty to take serious action on greenhouse gas emissions and climate change. It is the first time that an Australian Court has ordered a government to take meaningful action on climate change.

The court found that the EPA has not fulfilled its duty under section 9(1)(a) of the Protection of the Environment Administration Act 1991 (NSW) (POEA Act), which requires the EPA to “develop environmental quality objectives, guidelines and policies to ensure environment protection”.

Thus, the Court ordered the EPA to develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change.

With the support of the Environmental Defenders Office (EDO), Bushfire Survivors for Climate Action (BSCA) sought to compel the NSW EPA to develop policies that measure and regulate greenhouse gasses in the state.

As part of the case, BSCA presented expert scientific evidence from former Australian Chief Scientist, Professor Penny Sackett, on the links between bushfires and climate change.

EDO Director of Legal Strategy, Elaine Johnson, said the decision is a major step forward in holding governments to account on climate policy.

“As our lead environmental regulator, the EPA has the power to take immediate action on climate change, for example, by putting a price on carbon, or requiring industry to reduce emissions to safe levels through the licences. Now, the EPA has been ordered to take action,” Ms Johnson said.

“The most recent IPCC report confirmed that the next ten years are critical, and we need to be pursuing urgent and deep reductions in emissions now in order to avoid the very worst impacts of climate change.”

The court’s ruling means that the NSW EPA has been ordered to develop environmental quality objectives guidelines and policies to ensure protection from climate change. The NSW EPA has been ordered to pay BSCA’s costs. Read the full judgement here.

BSCA President, Jo Dodds, said bushfire survivors have been working for years to rebuild their homes, their lives and their communities. This ruling means they can do so with confidence that the EPA must now also work to reduce greenhouse gas emissions in the state.

“Global warming is creating the conditions that can lead to hotter and fiercer fires, and all of us need to work to make sure we’re doing everything we can to prevent a disaster like we saw during 2019 and 2020.”