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A Short History of Climate Adaptation Law in Australia

A Short History of Climate Adaptation Law in Australia This article reviews Australia’s experience with adaptation law. While climate change is likely to implicate a number of regulatory domains, most adaptation reform has been in the field of spatial and land use planning. These reforms have been influenced by the institutional, political and fiscal context for spatial planning. Traditional planning tools such as zoning, set-backs, and building standards have been modified to address the exacerbating effects of climate change. A preference for market-based autonomous adaptation has seen increased interest in information instruments and limited experimentation with conditional approvals. Three themes characterise Australia’s brief history of adaptation and are likely to affect its development: the need for trade-offs between competing interests; the relationship between law-making and climate science; and the complexity and fragmentation of roles and responsibilities for adaptation. These challenges have pervaded environmental law for decades. The adaptation imperative is an important opportunity to rethink and reframe their resolution. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Climate Law Brill

A Short History of Climate Adaptation Law in Australia

McDonald, Jan
Climate Law , Volume 4 (1-2): 150 – Jul 25, 2014
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References (1)

Publisher
Brill
Copyright
© 2014 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1878-6553
eISSN
1878-6561
DOI
10.1163/18786561-00402013
Publisher site
See Article on Publisher Site

Abstract

This article reviews Australia’s experience with adaptation law. While climate change is likely to implicate a number of regulatory domains, most adaptation reform has been in the field of spatial and land use planning. These reforms have been influenced by the institutional, political and fiscal context for spatial planning. Traditional planning tools such as zoning, set-backs, and building standards have been modified to address the exacerbating effects of climate change. A preference for market-based autonomous adaptation has seen increased interest in information instruments and limited experimentation with conditional approvals. Three themes characterise Australia’s brief history of adaptation and are likely to affect its development: the need for trade-offs between competing interests; the relationship between law-making and climate science; and the complexity and fragmentation of roles and responsibilities for adaptation. These challenges have pervaded environmental law for decades. The adaptation imperative is an important opportunity to rethink and reframe their resolution.

Journal

Climate Law – Brill

Published: Jul 25, 2014

Keywords: climate adaptation law; Australia

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