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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Rights of Nature and Future Generations
Bill 2019
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Objects 2
4. Crown bound 2
5. Inconsistent laws 3
Part 2 -- Rights
6. Rights in nature 4
7. Rights in future generations 4
8. Rights self-executing 4
9. No liability 4
Part 3 -- Liability and enforcement
Division 1 -- Prohibitions
10. Rights protected 5
11. Approvals invalid 5
Division 2 -- Enforcement
12. Duty to secure rights 5
13. Standing 5
14. Injunctions 6
15. Costs in proceedings 6
16. Lack of full scientific certainty shall not postpone
action 6
Division 3 -- Liability
17. Onus of proof 6
18. Corporate and directors liability 7
19. Damages 7
151--1 page i
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Hon Ms Diane Evers, MLC)
Rights of Nature and Future Generations
Bill 2019
A Bill for
An Act to protect the rights of nature and future generations and for
related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Rights of Nature and Future Generations Bill 2019
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Rights of Nature and Future Generations Act 2019.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation.
9 3. Objects
10 (1) The objects of this Act are to --
11 (a) recognise and secure the inherent rights of nature to
12 naturally exist, flourish, regenerate, and evolve, and its
13 right to restoration and recovery; and
14 (b) recognise and respect that First Nations Peoples, who
15 have cared for land and sea country for millennia, have
16 the right to speak for country and defend their ancestral
17 lands from unwanted developments and environmental
18 harm; and
19 (c) recognise and respect the rights of all present and future
20 generations to live in a healthy world; and
21 (d) make it an offence to violate the rights and prohibitions
22 recognised under this Act and provide for enforcement
23 and implementation; and
24 (e) promote the protection and care of nature as a primary
25 goal for human societies.
26 4. Crown bound
27 This Act binds all persons, including the Crown.
page 2
Rights of Nature and Future Generations Bill 2019
Preliminary Part 1
s. 5
1 5. Inconsistent laws
2 If there is any inconsistency between the provisions of this Act
3 and the provisions of any other Act, the provisions of this Act
4 will prevail to the extent of the inconsistency.
page 3
Rights of Nature and Future Generations Bill 2019
Part 2 Rights
s. 6
1 Part 2 -- Rights
2 6. Rights in nature
3 (1) Nature, including all ecosystems, ecological communities and
4 native species, has the right to --
5 (a) naturally exist, flourish, regenerate and evolve; and
6 (b) recovery, rehabilitation and restoration; and
7 (c) a healthy and stable climate system; and
8 (d) a vibrant and biodiverse community of life.
9 7. Rights in future generations
10 (1) Present and future generations of people in the State have the
11 right to --
12 (a) a healthy environment, including the right to clean air
13 and clean water; and
14 (b) a healthy and stable climate system; and
15 (c) a vibrant and biodiverse community of life.
16 8. Rights self-executing
17 All rights secured by this Act are inherent, fundamental and
18 inalienable, and shall be self-executing and enforceable against
19 both private and public actors. Further implementing legislation
20 shall not be required to enforce all of the provisions of this Act.
21 9. No liability
22 The rights recognised by this Act shall not be interpreted to
23 confer liabilities, duties or responsibilities on nature.
page 4
Rights of Nature and Future Generations Bill 2019
Liability and enforcement Part 3
Prohibitions Division 1
s. 10
1 Part 3 -- Liability and enforcement
2 Division 1 -- Prohibitions
3 10. Rights protected
4 (1) Activities which violate the rights recognised by this Act are
5 prohibited.
6 (2) It is an offence to significantly interfere with any right
7 recognised by this Act.
8 Penalty:
9 (a) for an individual -- a fine of $500 000 or 5 years
10 imprisonment or both;
11 (b) for a body corporate -- a fine of $5 000 000.
12 11. Approvals invalid
13 Any permit, approval, licence, privilege or other government
14 authorisation of an action, project, activity or development that
15 would violate the provisions of this Act shall be invalid for all
16 purposes.
17 Division 2 -- Enforcement
18 12. Duty to secure rights
19 The State shall take all necessary steps and measures to
20 implement, defend and enforce the rights and provisions of this
21 Act.
22 13. Standing
23 (1) Any person may bring proceedings for an offence or breach of
24 any right or provision of this Act.
25 (2) In addition to having the standing recognised under
26 subsection (1), and without limiting, extinguishing or otherwise
27 affecting any other of their rights, First Nations Peoples have
page 5
Rights of Nature and Future Generations Bill 2019
Part 3 Liability and enforcement
Division 3 Liability
s. 14
1 the right to join as a party any proceeding commenced under
2 this Act.
3 (3) Any proceeding brought to defend or enforce the rights secured
4 in section 6 of this Act, shall be brought in the name of nature,
5 an ecosystem, ecological community or native species, as the
6 real party in interest.
7 14. Injunctions
8 Any person may apply to the Supreme Court of Western
9 Australia for an injunction under this section to stop the doing
10 of any act that will or is likely to contravene a provision of this
11 Act.
12 15. Costs in proceedings
13 In any proceeding commenced under this Act, a person found to
14 have committed an offence or contravened a provision of this
15 Act shall be liable to pay the costs of the proceeding incurred by
16 the party or parties applying to enforce the provisions of the
17 Act, including, without limitation, expert and legal fees.
18 16. Lack of full scientific certainty shall not postpone action
19 Lack of full scientific certainty shall not be used as a reason for
20 denying or postponing the implementation, defence or
21 enforcement of the rights and provisions of this Act.
22 Division 3 -- Liability
23 17. Onus of proof
24 In any proceeding commenced under this Act, the burden of
25 proving that an action, project, activity or development will not
26 contravene the provisions in this Act lies with the entity
27 proposing to take or carry out the action, project, activity or
28 development.
page 6
Rights of Nature and Future Generations Bill 2019
Liability and enforcement Part 3
Liability Division 3
s. 18
1 18. Corporate and directors liability
2 (1) If a body corporate contravenes any provision of this Act, each
3 person who is a director or who is concerned in the management
4 of the body corporate is taken to have also committed the same
5 contravention unless the person proves that --
6 (a) the person did not know, and could not reasonably be
7 expected to have known, that the contravention was
8 being committed; or
9 (b) the person --
10 (i) was not in a position to influence the conduct of
11 the body corporate in relation to the
12 contravention; or
13 (ii) being in such a position, used all due diligence
14 and reasonable precautions to prevent the
15 contravention.
16 (2) Under this section a person may be proceeded against and found
17 to have contravened a provision of this Act whether or not the
18 body corporate has been proceeded against or found to have
19 committed the contravention.
20 (3) Nothing in this section prejudices or affects any liability
21 imposed on a body corporate for a contravention committed by
22 the body corporate of a provision of this Act.
23 (4) Without limiting any other law or practice regarding the
24 admissibility of evidence, evidence that an officer, employee or
25 agent of a body corporate (while acting in his or her capacity as
26 such) had, at any particular time, a particular state of mind, is
27 evidence that the body corporate had that state of mind.
28 19. Damages
29 (1) A person who is found to have contravened a provision of this
30 Act shall be liable for damages in respect of harm caused by the
31 conduct constituting the contravention, including any costs of
32 remediation, rehabilitation and restoration of an ecosystem,
page 7
Rights of Nature and Future Generations Bill 2019
Part 3 Liability and enforcement
Division 3 Liability
s. 19
1 ecological community or native species to a state of health
2 consistent with the rights recognised in this Act.
3 (2) Damages under this section shall be paid, as the Court deems
4 appropriate, to relevant State or Local Government agencies
5 and/or a not-for-profit organisation (being an association
6 incorporated in the State with demonstrated commitment to the
7 restoration of nature and capacity to conduct that restoration), to
8 be used exclusively for the full and complete restoration of
9 nature, including the particular ecosystem, ecological
10 community or native species.
11
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