From Norms to Law: Why Australia Should Recognise the Rights of Nature

Mikey Glover | Climate and Environment Fellow

Image sourced from James Shook via Wikimedia Commons https://commons.wikimedia.org/w/index.php?curid=604397

Amid rampant biodiversity loss, water scarcity, and the consequences of climate change, Australia has recently passed environmental protection reforms. However, it is not incremental change that is needed, but a fundamental development in how we approach the natural world. With increasing global support, the “Rights of Nature” offers a new and improved form of environmental protection that Australia must consider.

What are the ‘Rights of Nature’?

When we think of “climate governance”, our focus is often on formal instruments–the United Nations or the Paris Agreement. Yet, climate governance–as with democratic law more broadly–frequently first emerges from evolving norms and public will, before crystallising into formal law. The Rights of Nature is one such social movement. It proposes to recognise natural ecosystems as having “legal personhood”, being treated not as property to be owned but as having rights themselves to exist, regenerate, and be protected from harm. Any decisions affecting the ecosystem must take into account these rights, and it has “legal standing” to enforce them in court through appointed “guardians”. For example, if runoff from nearby mining activity led to heavy metal contamination of a so-empowered River, that River–through its guardian–could seek recourse for violation of its rights. Importantly, this would not prohibit development, but only require decision-makers to consider whether a project would violate an ecosystem’s rights, much like the law already enshrines the rights of people and companies.

Spearheaded by the Global Alliance for the Rights of Nature (GARN), nations and communities worldwide are implementing these rights. Ecuador first recognised them in its Constitution in 2008, allowing citizens to bring cases on behalf of ecosystems. The courts in Colombia declared in 2016 that the Atrato River possessed rights, halted nearby mining operations, and ordered pollution cleanups. Most recently in Peru in late-2025, the Santipo bee, responsible for pollinating over 80% of flora in the Peruvian Amazon rainforest, has become the first insect with recognised legally-enforceable rights to exist, thrive, and maintain healthy habitats. Similar instances are occurring across Europe and South Asia. It is increasingly clear that the Rights of Nature–whether implemented by the courts, statute, or constitution–can strengthen environmental protection and champion Indigenous custodianship over ecosystems.

What about Australia?

Australia’s environmental governance has faced fierce and protracted debate. We experience record-breaking weather events, from heatwaves and bushfires to rainfall and cyclones, and many ecosystems are in long-term decline. According to former treasury secretary Dr Ken Henry, successive Federal Governments’ failure to care for our natural resources amounts to an “intergenerational tragedy”. In November 2025, the Labor Government, supported by the Greens, passed reforms to the Environment Protection and Biodiversity Conservation Act 1999, which have been broadly commended as an environmental win. It implements reforms including an independent enforcement agency, addresses loopholes and blindspots for deforestation, and requires disclosure of emissions. However, these reforms are not without criticism: they remain open to broad ministerial discretion, do not address federal fracturing of responsibility, and contain a “pay-to-destroy” offset scheme where developers pay into a restoration fund, absolve their liability, and shift the burden to the government and taxpayer.

A Way Forward

Incremental reform, by definition, is insufficient to address the scale of environmental degradation that Australia is currently experiencing. A rights-based framework alternatively could reshape how we protect waters and wildlife, and support conservation of stressed areas like the Great Barrier Reef. Establishing positive duties to maintain ecological health would require developments to consider an ecosystem’s rights, integrate with First Nations approaches to custodianship, and empower communities to challenge harmful decisions. There is already recognition in Australia of the rights of certain ecosystems, such as the Yarra River in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 (Vic), although this does not allow it to sue for damages.

Despite this, Australia is yet to embrace the concept of the Rights of Nature nationally. There are, of course, challenges to consider: whether the framework should be integrated into the Constitution or as new legislation, or other complexities such as liabilities, funding, and new government agencies. There is also Australia’s legal culture, which prefers to protect rights through legal tradition and the institutional practice of governments and courts, rather than explicitly enumerating them in a US-style Bill of Rights. While these concerns suggest strengthening existing laws would be simpler, continued environmental decline indicates more substantial reform is needed.

A potential path forward is a pilot test, modelled off the Government of Aotearoa New Zealand declaring in 2017 that the Whanganui River is a legal living entity, represented by two guardians (Te Pou Tupua) appointed by the local Māori iwi and the government. Co-designed with Traditional Owners, the Australian Commonwealth could grant rights to an ecosystem with legislation establishing guardianship and standing rules. This would complement–rather than replace–existing law and allow testing and refinement before systemic change was introduced.

Australia is an ecological masterpiece, with biodiversity and natural landscapes that are unique and deserve to be protected. In the face of intensifying climate pressures, there is increasing global support for the idea that natural ecosystems need a voice in the decisions that shape their future. We owe it to ourselves and future generations to develop new policy, and it is the Rights of Nature that will allow these ecosystems to thrive.

Mikey Glover is the Climate and Environment Fellow for Young Australians in International Affairs. Mikey is a recent graduate of the University of Sydney with a Bachelor of Laws and Bachelor of Science. His academic work has focused on international environmental frameworks, including plastics regulation, water governance, and global climate litigation. As a research assistant with the Australian Centre for Climate and Environmental Law, he investigated how legal and non-legal mechanisms can protect and restore natural ecosystems.

Through his fellowship, Mikey hopes to further explore how environmental diplomacy and governance can support a resilient, sustainable, and equitable Asia-Pacific.

Our 2026 Climate and Environment Fellow is sponsored by the Sydney Environmental Institute. For more information, visit their website here.

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect those of Young Australians in International Affairs. All content is original, and no plagiarism has been used in the preparation of this article.