Getting the balance right

A renewed need for the public interest test in addressing coastal climate change and sea level rise

Tayanah O'Donnell, Louise Gates

Research output: Contribution to journalArticle

10 Citations (Scopus)

Abstract

The law with respect to coastal management in New South Wales, particularly those laws dealing with sea level rise, is a dynamic area that is, once again, currently under review. This article discusses Stage 1 of this reform and analyses it in the broader context of the "public interest" test. The importance of this test for decision-makers, especially those at the local government interface, is highlighted, with particular attention paid to both climate change impacts and recent, relevant judicial decisions. It further explores the tension between private property rights and the public interest test in the context of the coastline, and suggests that a balance may be found in applying innovative planning mechanisms such as rolling easements.
Original languageEnglish
Pages (from-to)220-235
Number of pages16
JournalEnvironmental and Planning Law Journal
Volume30
Issue number3
Publication statusPublished - 2013
Externally publishedYes

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interest test
public interest
climate change
private property
Law
right of ownership
decision maker
property rights
coastal zone management
reform
local government
planning
management
coast
test
sea level rise
need
public
decision

Cite this

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Getting the balance right : A renewed need for the public interest test in addressing coastal climate change and sea level rise. / O'Donnell, Tayanah; Gates, Louise.

In: Environmental and Planning Law Journal, Vol. 30, No. 3, 2013, p. 220-235.

Research output: Contribution to journalArticle

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AU - Gates, Louise

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JO - Environmental and Planning Law Journal

JF - Environmental and Planning Law Journal

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