Page 3914 - Week 12 - Tuesday, 29 November 2022
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nourishes humans and a diversity of other life. Others suggested it could be expressed as an environment free from adverse human impact, such as over-development, pollution or poor air quality, or having First Nations voices heard, rightful access, and self-determination. The community also told us that there should be positive actions by government to protect the environment and that this is of particular importance for future generations. This accords with the concept of ‘intergenerational equity’, already enshrined in the ACT’s environmental protection laws.
To recognise Aboriginal and Torres Strait Islander people’s unique cultural and spiritual links to Country, we heard that it would be important for government to include Aboriginal and Torres Strait Islander people in decision-making processes regarding lands, waterways and resources, as well as to respect and elevate Aboriginal and Torre Strait Islander people’s leadership, traditional knowledge and wisdom.
Finally, we asked the community on steps the government could take to fulfil the right to a healthy environment. A strong thread in the conversation since we started engaging with stakeholders is the need for an accessible complaints mechanism in the Human Rights Act to ensure access to remedies for breaches of the right to a healthy environment and other human rights. This would be an important part of fulfilling the procedural aspects of the right to a healthy environment.
Last month, I was pleased to inform the Assembly that the government has committed to legislating to allow the Human Rights Commission to consider human rights complaints. This is a complex reform. Officials in the Justice and Community Safety Directorate and the Environment Planning and Sustainable Development Directorate are examining wider implications for recognising the right to a healthy environment and engaging with our community stakeholders to explore options for amending the Human Rights Act to protect this right.
As a leading human rights jurisdiction, the ACT continues to set a strong example for the rest of the nation in our protection for human rights. Continuing to enhance our Human Rights Act has been a commitment of successive territory governments since the act was introduced in 2004, because human rights are not just words on a page; they genuinely shape how the government responds to policy challenges.
In responding to this resolution, I am pleased to provide a commitment that the government will introduce a right to a healthy environment to our Human Rights Act in this term of parliament. The next step is for the government to closely and carefully consider the policy issues and options that this consultation has brought forward.
Working with Minister Vassarotti, I intend to begin leading this work in the first half of 2023. We will then consult with key stakeholders regarding proposals for the model through which this right will ultimately be realised. I look forward to continuing this work. I again thank Ms Clay for bringing forward the motion, and I thank the many stakeholders who have already provided insightful views through the consultation to date.
I present the following papers:
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