Right to a Healthy Environment in the ACT
On 28 August 2024, the Australian Capital Territory enshrined the right to a healthy environment in the Human Rights Act 2004 (ACT).
This factsheet provides general information about how human rights are legislated in the ACT as well as outlining how the right to a healthy environment is recognised and enforced the ACT.
Summary
Key takeaways
- Legislating the right to a healthy environment recognises that access to a clean, healthy and sustainable environment is a human right.
- The United Nations General Assembly, of which Australia is a Member State, formally recognised the human right to a healthy environment in July 2022.
- Australia voted in favour of this resolution; however, ACT is the first Australian jurisdiction to legislate the right to a healthy environment.
- Complaints about contraventions of human rights, including the right to a healthy environment can be lodged with the ACT Human Rights Commission.
- Legal proceedings cannot be commenced for a contravention of the right to a healthy environment by a public authority until after 1 October 2028, unless
another human right already enshrined under the Human Rights Act 2004 (ACT) is also infringed by the conduct. - The ACT Minister for Human Rights is required to review the operation of the new right to a healthy environment by 1 October 2027, and present a report on this
review to the Legislative Assembly.
Key actions
Read: The ACT Human Rights Commission provides more information about human rights in the ACT here.
Read: Information about making a complaint to the ACT Human Rights Commission is available here.
If you have questions about the right to a healthy environment, please make an application for assistance here.
