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This bill makes fossil fuel companies liable for climate change damage, giving victims of climate change, such as the 2019–2020 bushfire survivors, the right to bring an action against thermal coal, oil and gas companies for climate change damage.

Major emitters of greenhouse gases, including fossil fuel producers and owners or operators of coal-fired power stations, will be liable for climate change damage if their emissions are greater than 1 million tonnes in any 12 month period that began on or after 1 September 2020. The first Intergovernmental Panel on Climate Change report was released in that year, unambiguously linking fossil fuels to global warming. From at least this time onwards, every fossil fuel corporation has known, or should have known, about the consequences of their actions. For corporations that actively knew about the consequences of their actions earlier, liability will attach from that earlier date.

A person who suffered climate change damage, the attorney-general of the commonwealth, or of a state or Territory, can bring an action against a major emitter. The federal court of Australia will have the ability to:

· Grant an injunction requiring the major emitter to reduce or cease activities that may cause climate change damage in the future; and

· Determine the amount of damages the major emitter is liable for. When deciding, the court may assume the major emitter’s share of the climate change damage is at least the same as their share of total global greenhouse gas emissions.



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