On-country hearings begin in Torres Strait climate case

View across low lying part of Boigu Island (file image)
A Boigu islander says he'll lose everything if moved from his own country because of climate change. -AAP Image

Faced with rising sea levels and destruction of their homelands, two elders from the Torres Strait have launched climate change legal action against the Australian government.

The homes of people in the Torres Strait could disappear beneath the rising seas, making them Australia's first climate change refugees.

Federal Court hearings in the case of uncles Pabai Pabai and Paul Kabai will take place on Boigu, Badu and Saibai islands and in Cairns.

Community members will give evidence and the court will tour the islands to witness the damage occurring to cultural sites, food supplies and homes.

Mr Pabai said he was born and belonged to Boigu.

"I will lose everything if I am removed from my own country," he said.

"I am taking this case for the betterment of my country, the betterment for my family and my community, it's not only for me, it's for the ancestors and the land that I am born to."

Mr Kabai said they were bringing the case because their islands were sinking. 

"We have to do it for our younger generations, otherwise we will become climate refugees," he said.

"We want to hold onto our own land, because our culture and identity stays there, if our islands go under we will be nothing."

The Australian government has a 2050 net zero emissions target, which experts say will not be enough to prevent disaster in the Torres Strait.

The Australian Climate Council has said Australia's greenhouse emissions need to be reduced by 75 per cent by 2030 (from 2005 levels) and to net zero by 2035 to keep global heating to below 1.5C.

The men are seeking orders from the court that would require the federal government to take steps to prevent climate harm, including cutting greenhouse gas emissions in line with the best available science.

In 2015, more than 800 people took the Dutch government to court for not doing enough to prevent climate change and won. 

The courts ordered the Dutch government to take immediate steps to cut greenhouse gas emissions and the Netherlands has now some of the strongest climate policies in the world.

This case triggered a groundswell of litigation internationally, with more than 80 similar cases filed across the globe.