South Coast bushfires survivor Janet Harris brought to tears by court victory over NSW EPA

A south coast bushfire survivor says she’s ‘utterly relieved’ and brought to tears by a landmark court ruling she says was against all odds.

Bushfire survivor Janet Harris said she was brought to tears by a landmark court ruling ordering NSW’s environmental watchdog to take action to combat climate change.

Ms Harris is still living in temporary accommodation, and has only just begun rebuilding her home more than three years after it was destroyed by the fast-moving, erratic fire which tore through more than 70 houses and businesses around Tathra in March 2018.

“We’ve only just started rebuilding, so God knows when it will be finished,” she said.

“If we’re ready in four years, I’ll be happy.”

Janet Harris (centre) with Eden-Monaro Labor MP Kristy McBain after the 2018 Tathra fire destroyed her family home and property.

In the months after the devastating fire, Ms Harris and other south coast residents helped form the group Bushfire Survivors for Climate Action.

After last year’s tragic Black Summer bushfires, the group took the Environmental Protection Authority to court claiming it had failed to protect the state’s environment from climate change.

By bringing the case to the court, the group, which is headed by Bega Valley Shire councillor Jo Dodds, had hoped to force the EPA to create policies to measure and regulate greenhouse gas emissions across the state.

On Thursday, Chief Justice of the Land and Environment Court Brian Preston announced the group had succeeded, and ordered the EPA to develop policies to ensure environmental protection from a changing climate.

The Tathra bushfire, which started on March 18, destroyed 65 houses, 35 caravans and cabins, and damaged 48 houses. Picture: Brook Mitchell

“I literally cried when I heard the news,” Ms Harris said.

“I just feel utter relief, because we’ve been through three bushfires in three years here, so something must be done.

“The more that can be done to prevent other families going through what happened to us the better.

“Now the government will have to do something.

“They will have to have clear policies on climate change and to reduce carbon emissions.”

Janet Harris (right) said the court’s decision brought her to tears.

In a first for an Australian court, Chief Justice Preston said in his findings the government agency must “develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change”, agreeing with the action group’s claims of failure.

Ms Harris said the ruling has “hugely” brought back trauma from three years of bushfire anxiety.

“As a group of bushfire survivors we didn’t meet each other for the first 12 months,” she said.

“We were protesting and writing to politicians about the issues, but we decided to go to court.

“The ruling shows what people can do with no resources, little skills and just the truth.

“It really shows what people can do.”

Hazmat crews spray asbestos bonding agent in Tathra, after homes were destroyed by fire, causing the release of the harmful building product into the atmosphere. Picture: Perry Duffin

An EPA spokeswoman said the watchdog was “reviewing the judgement and implications for the EPA”.

“The EPA is an active government partner on climate change policy, regulation and innovation,” they said.

“It is a part of the whole-of-government approach to climate change embodied by the NSW Climate Change Policy Framework and Net Zero Plan.

The spokeswoman said the EPA was “involved in work that assists with and also directly contributes to measures to mitigate and adapt to climate change”, and “supports industry to make better choices in response to the impacts of climate change”.

Bushfire Survivors for Climate Change members outside Parliament House in Canberra. Picture Kym Smith

“The EPA has also stated its commitment to supporting and implementing the NSW Government’s Climate Change Policy Framework and Net Zero Plan through its recently released Strategic Plan and Regulatory Strategy.”

Ms Dodds said the ruling now shows it is the watchdog’s job “to address the catastrophic risks of greenhouse gas emissions”.

“The climate is heating and changing faster than we thought, and the cure for this is action,” she said.

“Our group is absolutely determined to keep pressing for action to make our climate, and our communities, safer.

“We don’t think Australian families should be left with the clean up from fossil-fuelled disasters. We think the governments should be protecting us.”