Implications of climate change for coastal planning

02 July 2009 Implications of climate change for coastal planning

A leading environmental lawyer today advised Queensland coastal councils to examine the nature and extent of potential climate change impacts very carefully when considering coastal development applications.

Andrew Beatty is a partner specialising in environment law in the Sydney office of law firm Baker & McKenzie and is a member of the International Conservation Union's Commission on Environmental Law.

He was addressing a seminar held on the Sunshine Coast attended by representatives of Fraser Coast Regional Council, Gympie Regional Council, Moreton Bay Regional Council and Sunshine Coast Regional Council.

Mr Beatty warned that failure to consider climate change impacts when making coastal planning decisions leaves councils exposed to potentially costly legal actions.

"Recent legal cases show that climate change risks are different from other land-use risks, such as subsidence or acid sulphate soils," Mr Beatty said.

"The South Australian Supreme Court last year upheld a decision by the District Council of Yorke Peninsula to refuse subdivision permits at Marion Bay on the grounds that the developer had not adequately addressed the effect of coastal retreat due to climate change."

In that case, the Court cited sea level rises of 30cm over the next 50 years in its ruling against the development proposal and noted that the changes in sea level were 'expected', not merely 'a probability'.

Andrew Beatty said in another case, involving a council decision to grant permits for dwellings on the Gippsland coast, the Victorian Civil and Administrative Tribunal (VCAT) found that despite no explicit statutory duty to do so, potential sea level rises due to climate change are 'relevant matters to take into account'. The Tribunal overturned the council's decision.

"Importantly, VCAT applied the precautionary principle that although there is uncertainty as to the magnitude of sea level rise, it is evident that the consequences of such rises in levels will be complex and are to be expected," Mr Beatty said.

"These cases are complicated by the fact that climate change impacts on coastal land do not occur immediately or in predictable ways. Each case will turn on its own facts."

The seminar was organised by the National Sea Change Taskforce, which was formed in 2004 to represent the interests of Australia's coastal councils.

Councillor Debbie Blumel, Queensland's representative on the National Sea Change Taskforce executive committee, said coastal councils are facing a major legal dilemma when making planning decisions affecting potentially vulnerable coastal areas.

"This is a national issue affecting all coastal councils and will become more critical with rising sea levels. It is vitally important for councils to identify how to deal with these issues without being exposed to potentially costly legal actions," Cr Blumel said.

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Publish Date: 02 Jul 09