by As the urgency to protect Australia’s environment continues to grow, the concept of recognizing the rights of nature is garnering international attention. This principle acknowledges the inherent right of all natural elements on Earth to exist and flourish. While some countries have implemented legislative reform, constitutional amendments, and court decisions to embrace the rights of nature, Australia’s federal, state, and territory parliaments have shown little interest in enacting such laws. However, there are pockets of local leadership in the country that give cause for optimism.
The lack of progress in introducing the rights of nature principle into legislation in most parts of Australia is evident. Bills such as the Murray-Darling River System (Rights of Nature) Bill 2021 in New South Wales and the Rights of Nature and Future Generations Bill 2019 in Western Australia have not advanced. One exception is Victoria, where a law was passed in 2017 to protect the Yarra river and recognize the custodianship of its First Nations.
Globally, lawyers and policymakers have been exploring ways to utilize the law for ecosystem protection. Granting rights to ecosystems is one such strategy to prevent species extinctions and give nature a voice. The concept of legal personhood, which bestows entitlements and duties on entities, has been central to these efforts. However, this approach has faced criticism from a First Nations perspective, citing complexities and risks.
In Australia, the rights of nature concept is gaining momentum in social and political debates. Its success ultimately relies on strong legal frameworks combined with local action. Local-level reform plays a significant role, often overlooked. It is encouraging to witness communities and councils taking the lead in embracing the rights of nature principle.
Two notable examples of local leadership are the Blue Mountains City Council in NSW and the Shire of Augusta Margaret River in WA. The Blue Mountains City Council was recognized with a Center for Democratic and Environmental Rights Local Recognition Award in 2021 for incorporating rights of nature principles into its operations. The council’s Community Strategic Plan 2035 reflects this principle, valuing the natural environment for its intrinsic nature and vital role in sustaining all forms of life.
The concept of intrinsic value, which pertains to something having value in itself or for its own sake, is central to the rights of nature principle. Traditionally, intrinsic value has been confined to human beings, both in philosophy and law. However, recognizing the intrinsic value of other species and the broader environment can lead to ethical reflection and a transformative shift in perspective.
In Western Australia, the Shire of Augusta Margaret River has also demonstrated leadership in embracing the rights of nature principle. The shire’s Overarching Sustainability Policy, effective from May 2023, includes provisions to prioritize the needs, rights, and wisdom of Traditional Custodians and the rights of nature to exist, thrive, and evolve.
These local examples provide cause for optimism and act as a source of slow hope amidst the growing threats to the environment. First Nations leadership is at the forefront of these developments, emphasizing the importance of community-led approaches in caring for the Country. Best-practice local policy development can facilitate the integration of caring for Country into the regulatory conversations of councils.
For the CSIRO’s First Nations Australian Peoples-led research initiative, Our Knowledge, Our Way, the connection to Country is not just a choice but a cultural imperative. First Nations peoples already recognize that Country has rights – the right to be cared for, respected, and listened to. This relationship is intrinsic and intertwined with the human experience.
From a Western perspective, embedding rights of nature thinking into environmental stewardship at all levels of society is considered essential by environmental ethicists. Local communities can draw upon the convergence of these two lines of thought to foster culturally sensitive collaboration. While higher levels of government have yet to introduce the principle of rights of nature into legislation, they should take note of the leadership demonstrated at the local level.
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1. Source: Coherent Market Insights, Public sources, Desk research
2. We have leveraged AI tools to mine information and compile it
