Far North Queensland climate decision will have far-reaching ramifications for courts
Federal Court
A landmark Far North Queensland decision handed down yesterday by the Cairns Federal Court will have wide-ranging implications for future climate-related actions.
Torres Strait Island traditional owners Uncle Paul Kabai and Uncle Pabai Pabai have been fighting the Federal Government in court for close to four years, arguing it has neglected its duty of care to take proper steps to protect their communities from the impacts of rising seas and climate change.
But the pair has lost the case, so the Government will not be forced into taking stronger action to limit emissions and to do more to protect communities across the country from the effects of climate change.
“I’m taking the Australian Government to court to protect my community from climate change,” Uncle Kabai stated before the verdict was handed down.
“Weather patterns have changed.
“It’s affecting everything – our homes, our gardens, our sacred sites, our reefs.”
Covered with mangroves and swamps, Mr Kabai’s home of Saibai island is about 4km off the coast of Papua New Guinea.
“Our village has sea on one side and swamp on the other, and we are living on a very narrow strip of land,” he said.
“During storms and high tides, water comes through the drainage system and fills the swamps up, so we get flooded from both sides.
“If the water level keeps rising, we might lose everything.
“Then we’ll be climate change refugees forced to leave our islands.”
Uncle Pabai is a Traditional Owner of Boigu island.
"Boigu is extremely low-lying – the highest point is 3m above sea level – making it very vulnerable to flooding,” he said.
“The flooding is getting worse because of climate change.”
The Government argued that Australia cannot prevent or mitigate the effects of climate change by itself, and the question of its emissions target is for the Federal Parliament to decide, not the courts.
The case was the first of its kind in Australia, so the decision will set a precedent for future court actions, potentially closing the door on more climate-change litigation.
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