| Byron Bay court ruling puts councils on notice to consider climate change impacts when making planning decisions |
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| Written by Rob Nicholls |
| Thursday, 04 February 2010 18:50 |
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In a landmark decision on Monday 1st February, the NSW Land and Environment Court ruled against Byron Shire Council which sought to prevent a resident building a barrier to protect his property that was threatened by coastal erosion. The court has also ordered that the council must "maintain, monitor and repair beach stabilisation works at four other vulnerable sites".[1] Whilst a lack of a coordinated national approach to coastline management and the impact of climate change has been identified as a factor, the decision by Byron Shire Council to put the local planning ordinance in place and then try to legally defend has been singled out as a major concern. Although local governments are not supported by a uniform national approach to climate change planning, the apparent lack of knowledge, skills and expertise in climate change risks, adaptation strategies and mitigation appears to be a shortcoming of growing concern. For councils that manage areas of low-lying coastal land there is a strong and clear message that is being sent that if "they allow development without taking into account climate change impacts they will be held liable".[2] Councillors who are not equipped with the skills, expertise or frameworks in climate change risk management are not only a risk to the council but also to ratepayers and residents who are affected by council decisions. It's not enough to have general knowledge and awareness around climate change, today's key decision makers must have access to demonstrable competencies and capacity that only accredited training programs in climate change risk and carbon management can deliver. Formal learning and demonstration of associated competencies and skills is an important area of development to ensure a consistent and serious approach to the management of climate change risks by councils. This learning platform is also an opportunity for knowledge sharing through case studies to further support improved decision making. For individual councillors ,it may eventually arise that liability insurance will only be available to those who can demonstrate they have completed appropriate certified training, including training in climate change risk and carbon management[1] "Coastal Councils want legal sea change", The Australian Financial Review, p3, 030210 [2] ibid, quote by Mark Bartley, DLA Phillips Fox |