The Victorian Climate Change Green Paper released in June 2009 reiterated the Government’s commitment to developing a Climate Change Bill. In light of the urgent need for Victoria to take significant action on climate change, we believe there is great need for a Climate Change Bill in Victoria.
The proposed Climate Charter sets up a legal framework to ensure Victoria is proactively addressing climate change. The framework will ensure Victoria will significantly reduce its emissions, and make its best effort to adapt to the unavoidable climate impacts we are already starting to feel. The aim of the Charter is to direct government, business and community thinking to focus on the long term effects of our current actions in relation to climate change.
The Charter is inspired by the Victorian Human Rights Charter which was landmark Victorian legislation. It also draws on some of the major climate change legislative frameworks around the world. In recognition of the need to rapidly reduce emissions to avoid dangerous climate change and adapt to the changes that are already locked in, the Charter facilitates rapid action and response wherever possible.
There are seven key elements to the Charter:
Like the Human Rights Charter, the Climate Charter is overarching legislation that requires all other Victorian legislation to be interpreted and implemented in a way that is consistent with the Charter. It implements a structure for decision-making that properly factors in climate mitigation and adaptation. It also requires the Government to proactively develop solutions that will lead Victoria to a low carbon future.
The Victorian State of the Environment Report 2008 recommended that the Government implement a ‘climate test’ into all major policy, infrastructure and expenditure decisions. Environment Victoria has also called for the introduction of a climate test in its People’s Climate White Paper. We have therefore used these recommendations to develop a legally based climate test that would be applied to government decision-making to ensure Victoria is not making bad decisions now whose legacy will last for centuries.
The Climate Charter requires government decision-makers to act in a way which will reduce Victoria’s emissions and will prepare Victoria for the likely impacts of climate change. This requirement is called the climate test. The climate test applies to all government financial decisions over $150,000 (meaning government contracts, government grants, and government procurement decisions) and all government administrative decisions. There are two elements to the climate test – climate mitigation and climate adaptation.
Proposed climate tests:
In making an administrative decision or financial decision, a public authority must assess whether that decision will enhance or reduce Victoria’s ability to achieve the 2020 and 2050 emission targets.
If the effect of making the decision will be to reduce Victoria’s ability to meet the targets, the subject of the decision must be modified until it does not reduce Victoria’s ability to achieve the 2020 and 2050 targets, or the request must be refused.
Climate adaptation test -
In making an administrative decision or procurement decision, a public authority must assess whether the action which is the subject of the decision will increase or reduce the ability of the State, the Victorian people or Victoria’s environment, to adapt to the 2020 and 2050 climate change impacts that are relevant to that action.
If the action will reduce Victoria’s ability to adapt to the most likely climate change impacts in 2020 and 2050 that are relevant to that decision, the public authority must refuse to approve that activity or action.
The EDO submission outlining the detail of the proposed Victorian Climate Charter is available on our website. If you would like to make a comment on the Charter proposal you can do so below or contact Nicola Rivers, EDOs Law Reform and Policy Director on 8341 3100 - or email contact Nicola by email.