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Mitigating Climate Litigation: The importance of balancing the sustainable development of agricultural land with human rights

Thursday 2.00pm-3.00pm

Caitlin McConnel

Food is a recognisable foundation of our culture, our economy, and our relationship with the natural world; however, we are currently facing a three-dimensional crisis pertaining to food, energy, and critical infrastructure due to the compounding effects of natural disasters, climate change, and limited resources. Notwithstanding this grim outlook, unique development opportunities are now emerging to not only achieve legally enshrined net zero targets, but potentially alleviate the ongoing issues associated with cost of living, such as renewable energies.

However, in circumstances where the United Nations have recognized Australia as a country maintaining a level of food insecurity due to the impact natural disasters have on agricultural production, critical infrastructure, and supply chains; it is important to consider how planning and development decisions made to alleviate environmental impacts ('E') now, may unintentionally affect the social impacts 'S' of ESG long-term. In particular, the increased conversion of agricultural land into biodiversity or carbon projects, sustainable infrastructure, or renewable energy projects

At its core, the 'social' consideration is about human rights; a government or organisations' relationship with people, as well as its policies and actions that impact individuals, groups, and society. Just as we have seen legislation enacted in Australia protecting individuals from modern slavery and other human rights, the recent decisions in Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6) [2022] QLC 21 and Smith v Fonterra Co-Operative Group Ltd & Ors [2024] NZSC 5 indicate that it may not be long before the impact of decisions enabling ESG investment or sustainable development opportunities on agricultural land has on the human right to an adequate standard of living (which includes the right to food) will become a mandatory consideration.

As a result, this presentation will consider:

• how planning decisions in respect of sustainable development opportunities must evolve to mitigate the risk of climate litigation, particularly considering the Human Rights Act 2019 (Qld):

practical examples of multi-purpose ESG investment and sustainable development opportunities on agricultural land that are recognised as improving biodiversity whilst continuing to allow food and fibre production.