Modern Australian
Men's Weekly

.

Churches have legal rights in Australia. Why not sacred trees?

  • Written by Wendy Steele, Associate Professor, Centre for Urban Research and Urban Futures Enabling Capability Platform, RMIT University

This article is part of a series on rebalancing the human–nature interactions that are central to the study and practice of ecological economics, which is the focus of the 2019 ANZSEE Conference in Melbourne later this month.

Work has resumed on widening the Western Highway near Ararat, Victoria, which will destroy thousands of trees. This includes around 250 sacred trees, some up to 800 years old. These trees are a living heritage of deep cultural significance and practice for the Djab Wurrung traditional owners.

In Australia, corporations such as Coles and Westpac and even some churches operate as legal entities entitled to most of the rights and responsibilities that individuals possess. Why don’t the Djab Wurrung sacred trees have legal standing?

Read more: What kind of state values a freeway's heritage above the heritage of our oldest living culture?

In New Zealand, the Whanganui River now has it. Even in Victoria legislation to protect the Yarra River recognises the connection of the traditional owners to the river and surrounding land, Birrarung Country.

It’s not just people who have legal standing

Australian law has long accorded legal standing to other entities such as businesses. Under the Corporations Act 2001, a corporation is a legal entity that can enter contracts, lend and borrow money, sue and be sued, hire employees, own assets, and pay taxes. Over the past few decades corporate rights have expanded, and the process of incorporation has been simplified.

Corporations exist now as private enterprises for churches, not-for-profits and lobby groups. A corporation is separate and distinct from its owners, which minimises the risk for stakeholders and investors. It operates as a living person who can assert their rights in relation to economic (self)-interest.

The logic of Homo economicus and the utilitarian maximisation of profit is central to settler societies such as Australia’s. The settler colonial approach to nature decouples people from country. There is a hierarchy of rights that favours and reinforces settler property rights in the quest for new towns, farms, fences, and transportation lines.

If trees had rights this would be very costly for development. Trees are seen as resources, classified according to their utilitarian value.

Who speaks for the trees?

In Australia, the law protects trees if they are considered threatened, endangered or vulnerable. Indigenous plant species, for example, may be protected under the Environment Protection and Biodiversity Conservation Act 1999.

Vegetation may be protected more broadly as part of the public estate (such as in national parks, for instance). Native vegetation on private land may also be protected to conserve biodiversity and preserve habitat for endangered species.

Churches have legal rights in Australia. Why not sacred trees? Recognition of the role of traditional owners, which includes protection of Country, is a key issue of environmental justice in Australia. Djab Wurrung Embassy

Federal and state government laws may protect “significant” trees through heritage and/or Aboriginal heritage legislation. Or they may not.

The Djab Wurrung have challenged both state and federal government decisions against heritage protection for the sacred trees and their surrounds. Activists have set up camp to protest the destruction of the trees – grandmother birthing trees, their companion grandfather trees, and directions trees.

They reject the rationale that supports the widening of a freeway over the preservation of significant living cultural heritage and ask for its protection:

We ask that this impending destruction as part of VicRoads works be halted immediately, more appropriate respect for the concerns of the Djab Wuurung community be taken into consideration, and that the trees and the site are protected.

Should trees have legal standing?

In New Zealand, the Whanganui River, which flows 145 kilometres to the sea in the central North Island, now has legal standing. The law recognises the Maori Iwi people’s sacred relationship with land and water.

Through this legislation the Whanganui River is recognised as a person when it comes to the law. The river has “its own legal identity with all the corresponding rights, duties and liabilities of a legal person”, the minister for Treaty of Waitangi negotiations said:

This legislation recognises the deep spiritual connection between the Whanganui Iwi and its ancestral river and creates a strong platform for the future of Whanganui River.

Similar “rights of nature” laws, which change the legal status of nature, exist in Ecuador, Bolivia, Colombia, India, and Uganda, to name a few.

Read more: Three rivers are now legally people – but that's just the start of looking after them

Djab Wurrung Dreaming is entitled to protection

Why isn’t Australia embracing “rights of nature” legislation? Djab Wurrung trees, and the ancient dreaming cultural landscape of which they are part, need protection.

Communities are starting to advocate for the rights of nature to exist, thrive and evolve. Under the Yarra River (Wilip-gin Birrarung murron) Act, while the river’s legal status hasn’t changed, there is progressive recognition of the connection between the traditional owners and the river. As the preamble to the act states:

This Act recognises the intrinsic connection of the traditional owners to the Yarra River and its Country and further recognises them as the custodians of the land and waterway which they call Birrarung.

Read more: New law finally gives voice to the Yarra River's traditional owners

Such Indigenous perspectives, developed on Country in holistic ways incorporating lore/law, have a particularly valuable contribution to make to ecological economies.

We need far better legal recognition of the role of traditional owners, which includes cultural and environmental heritage protection. In the current political environment, deeply locked into a culture and mindset of economic growth and property ownership, “you’d have to be dreaming”.

Authors: Wendy Steele, Associate Professor, Centre for Urban Research and Urban Futures Enabling Capability Platform, RMIT University

Read more http://theconversation.com/churches-have-legal-rights-in-australia-why-not-sacred-trees-123919

Affordable Invisalign in Bangkok Why Australians Are Choosing Thailand

More Australians are investing in Invisalign to straighten their teeth, but the treatment in Australia can cost thousands of dollars and often takes m...

Designing a Tranquil Oasis in Your Backyard

Nothing beats a warm summer evening spent in a gorgeous backyard. The backyard is the perfect space to unwind and spend some of the most magical momen...

How a Well-Designed Gym Can Improve Your Performance

Have you ever entered a gym that just feels off and couldn’t focus on your workout? Maybe it’s the layout that was weird, or the lack of natural l...

Wellness Checkups at Work: Key to Employee Happiness and Higher Output

Employee wellness programs are reshaping how companies think about productivity and satisfaction. When people feel healthy, they perform better, sta...

Experience the Elegance of Plantation Shutter Blinds: Enhance Your Décor Today

When it comes to elevating your home’s interior, few window treatments combine sophistication and practicality as effortlessly as plantation shutter...

Common Questions Women Are Afraid to Ask Their Gynaecologist (and Honest Answers)

Visiting your gynaecologist isn’t always easy. Even though reproductive and sexual health are essential parts of overall wellbeing, many women fee...

Designing Homes for Coastal Climates – How to Handle Salt, Humidity, and Strong Winds in Building Materials

Living by the ocean is a dream for many Australians, offering breathtaking views, refreshing sea breezes, and a relaxed lifestyle that’s hard to b...

This OT Week, Australia’s occupational therapists are done staying quiet

Occupational Therapy Week is typically a time to celebrate the difference occupational therapists make in people’s lives. But this year, many sa...

Melbourne EMDR Clinic Sees Growing Interest in Patients with Depression

Depression is a common mental health condition affecting around 1 in 7 Australians. It is typically diagnosed when an individual has experienced a p...

Proactive approaches to mental wellbeing

Life gets busy quickly. For many adults, each week is a constant mix of work commitments, raising kids, managing a household, settling bills, catching...

The Power of Giving Back: How Volunteering Shapes Your Mindset

To say the least, volunteering can maximally change the way you see the world. Period. When you step into someone else’s shoes, even for a few hours...

How to Level Up Your Workouts with Simple Home Equipment

Working out at home has reached the peak of its popularity. Whether you’re short on time or simply prefer the comfort of your own space, home traini...

How to Prepare Financially for Buying a Home

Buying a house is one of the biggest and most exciting money choices you'll ever make. It means you stop giving rent money to someone else and start b...

Why Choosing Local Lawyers in Brisbane Can Make All the Difference

When it comes to legal matters, your choice of representation can influence both the outcome and overall experience. Working with local lawyers in B...

Restoring Volume and Style with Human Hair Toppers for Women

Hair plays a significant role in confidence and self-expression, but thinning hair and hair loss can affect women at any stage of life. While wigs p...

Top Qualities of a Trusted Local Aircon Installer

Choosing the right air conditioning installer can make a big difference to your comfort, safety, and long-term energy costs. A properly installed syst...

Everything You Should Know About Double Chin Treatment

A double chin, medically known as submental fat, is a common concern that affects people of all ages and body types. Thanks to modern cosmetic proce...

The Modern Role of a Dentist in Oral and Overall Health

When most people think of a dentist, they imagine routine check-ups, cleanings, or cavity fillings. While these remain vital aspects of dental care...