Victoria's climate change legislation: understanding effectiveness and impact

This project explores the early implementation of Victoria’s Climate Change Act 2017 and assesses its impact and effectiveness in driving emissions reductions and supporting the realisation of the climate change mitigation goals of the international Paris Agreement.

Researchers

Dr Anita Foerster (Department of Business Law and Taxation, Monash University)
Dr Anne Kallies (RMIT Graduate School of Business and Law)
Ms Alice Bleby (PhD Candidate, Faculty of Law, University of New South Wales)

Background and aims

Framework climate laws, like the Climate Change Act 2017 (Vic), are being introduced around the world at a national and subnational scale to set greenhouse gas emissions reduction targets and coordinate climate change mitigation activities to meet those targets.

This project analyses the legal design and early implementation of the Victorian Act, to understand the role that such laws can play in driving emissions reductions and supporting the realisation of the climate change mitigation goals of the international Paris Agreement.

Cross-referencing experience with similar climate laws in other jurisdictions, the project aims to make recommendations for the legal design and implementation of effective, impactful framework climate change laws.

Method

The mixed-method, socio-legal research approach combined desktop analysis of the legislation and its key outputs with targeted collection and analysis of qualitative and quantitative data. A program of research interviews with stakeholders closely involved in the development and implementation of the Victorian Act provided useful data on the processes followed and actions taken under the legal framework to date, as well as views and opinions on its effectiveness and likely impact.

Publications

Anita Foerster, Alice Bleby, Anne Kallies and Jonathan Church, ‘Paris at the subnational scale? An exploration of the role and potential of framework climate change laws’ (2022) 45(3) Melbourne University Law Review (advance)

Engagement

Anita Foerster, Alice Bleby and Anne Kallies, '4 lessons for the Albanese Government in making its climate targets law. We can't afford to get this wrong' The Conversation (25 July 2022)
Anita Foerster, Alice Bleby, Anne Kallies, 'A great start, but still not enough: why Victoria’s new climate target isn’t as ambitious as it sounds' The Conversation, 10 May 2021
Anita Foerster and Alice Bleby, Submission to Senate Standing Committee on Environment and Communications Climate Change Bill 2022 and the Climate Change (Consequential Amendments) Bill 2022

This research project contributed to a report prepared by ClientEarth (UK-based public interest lawyers) evaluating the impact and effectiveness of a selection of climate laws from around the world. The Victorian case study was the only sub-national jurisdiction included in this study.

ClientEarth, Navigating Net Zero: Global Lessons in Climate Law-Making (Sept. 2021)

Presentations

Anita Foerster, Alice Bleby, Anne Kallies, 'Paris at the subnational scale? An analysis of the early implementation and potential impact of climate change legislation in Victoria, Australia' presented at the 7^th Frontiers in Environmental Law Conference 25-26 February 2021.

Acknowledgements

This project was funded by a research consultancy with UK-based public interest environmental lawyers, ClientEarth. Further support was provided by Monash University Advancing Women in Research Grant (2020).

Monash Business School