ABSTRACT

A group of green sea turtles have raised alarm and made a clarion call for governmental action to address a pernicious, pervasive and pressing threat to the environment –climate change's devastation of the habitat of the turtles. The governments' actions comprise granting approval, 20 years ago, in 2012, to eight major coal mines in Queensland's Galilee Basin. The turtles have brought proceedings by their representative, Meryl Streef. The turtles claim that the governments, by both their actions and omissions to act, have caused a public nuisance. The turtles claim that the governments' actions and omissions have unreasonably interfered with the interests of the community at large, interests recognised as rights of the general public entitled to protection. The origins of the public nuisance doctrine are found in interferences and infringements of the rights of the British Crown, which were applied to any actions that produced an inconvenience or some kind of harm to members of the public.