On September 17, 2023, the UN Special Rapporteur on Toxics and Human Rights, Marcos A. Orellana, presented his final report to the UN Human Rights Council, drawing global attention to the environmental and health impacts of toxic industries. His report, based on findings from his tour of Australia, highlighted significant concerns about coal mining, power generation, and other hazardous industries.
You can watch the presentation here (the Australia-specific segment begins at 2:49:10).
Orellana’s tour of Australia, which included visits to the Latrobe Valley in Victoria and the Upper Hunter Valley in New South Wales, underscored the ongoing exposure of these communities to unsafe levels of air pollutants and toxins from coal mining and coal-fired power plants. The Latrobe Valley was a focal point during the visit, where Orellana met with local advocacy groups, including Friends of Latrobe Water, Voices of the Valley, and Environmental Justice Australia. These groups had long raised alarms about the dangerous levels of pollution in the region, and their concerns were validated by the Special Rapporteur’s findings.
Key Concerns from the Final Report
In his presentation, Orellana expressed grave concerns about the toxic legacies left behind by Australia’s industrial activities. One of his standout remarks was:
“I remain concerned that toxic impacts of coal mines, coal-fired power plants, uranium mines, hazardous pesticides, radioactive waste, PFAS substances, and waste incineration projects pose serious threats to the environment and the health of affected communities.”
The Special Rapporteur visited communities in the Upper Hunter Valley of New South Wales and the Latrobe Valley of Victoria that continue to be exposed to unsafe levels of air pollutants and toxics from coal mining and coal-fired power stations.
These regions were specifically mentioned as places where communities continue to suffer the consequences of long-standing industrial activities. Orellana noted that government actions have been inadequate in addressing the health risks and environmental degradation caused by these industries.
“Coal-fired power plants have powered the country’s energy sector for decades. However, the environmental health costs have often been externalized to communities, who have paid the price with premature deaths, terminal illnesses, asthma, and other health problems.” Orellana said.
These findings have reaffirmed the concerns raised by local communities and advocacy groups, who have long called for more stringent regulations and actions to mitigate the harmful effects of coal mining and power generation on human health.
A Disconnect Between Government and Community Narratives
In his End of Mission Statement following his visit to Australia earlier this year, Orellana pointed to a deep disconnect between the government’s narrative on environmental protection and the realities on the ground experienced by local communities. He noted:
“There is a deep disconnect or distance between the government and community narratives concerning toxics. Where the government sees efforts towards stronger regulations to address the risks of chemicals and pollution, communities and civil society denounce the capture of the State for the benefit of mining, oil, gas, agrochemical, and other corporate interests.”
This disconnect was particularly stark in First Nations communities, who reported ongoing environmental harm and displacement due to toxic industrial activities on their traditional lands. Orellana noted that government efforts to site radioactive waste repositories on Indigenous lands had repeatedly failed due to community opposition.
The Australian Government’s Response
Although the Australian government responded during the presentation (starting at 2:51:22), their remarks were “light” compared to the weight of Orellana’s findings. The government emphasized regulatory improvements, but Orellana highlighted the insufficient action taken to protect vulnerable communities from the toxic impacts of industrial activities.
Orellana also noted that delays in processing environmental information requests and draconian restrictions on peaceful protest have further stifled public participation in environmental decision-making. He pointed out that low penalties for environmental violations have allowed industries to continue polluting, treating fines as just another cost of doing business.
Tracey Anton (Friends of Latrobe Water) makes representations to UN Special Rapporteur.
Opportunities for Reform
Despite the serious challenges, Orellana sees opportunities for reform. He stressed the need for consistent national environmental standards and called for the creation of a national environmental regulator to enforce robust protections. Orellana warned that as the global demand for transition minerals grows, especially those essential for decarbonization efforts, Australia must lead by example in ensuring that its mining industries do not further harm local communities.
“If Australia is unable to ensure that mining does not pose toxic threats, what can we expect from other jurisdictions lacking the institutional regulatory capacity that Australia has?”
A Call to Action
The Special Rapporteur’s final report has laid bare the urgent need for stronger environmental protections in Australia. The communities in Latrobe Valley and Upper Hunter Valley remain at risk from toxic pollution, and the government must act swiftly to address these threats. As Australia continues to manage its transition away from coal, Orellana’s findings highlight the critical role of local advocacy, regulatory reform, and national leadership in protecting human health and the environment.
Read the Special Rapporteur’s Final Report to the United Nations
Read our Submission to United Nations Special Rapporteur on Toxics and Human Rights