Australia

McCulloch v. Bass Coast Shire Council (Victoria Civil and Administrative Tribunal, 2007)

Jurisdiction: Australia


Side A: Ms J McCulloch and others (Individual)


Side A: South Gippsland Conservation Society (Ngo)


Side B: Bass Coast Shire Council (Government)


Core objectives: Challenge construction permit for levees.


Summary
Applicants challenged a permit in Australia state court for the development of levees and bunds to protect the coastal area from sea level rise. The applicants asserted that the proposal (1) would not benefit the public because the levees were being built to satisfy a condition to a permit for a proposed retirement village development; and (2) did not respect the value of the coastal environment. The court found the levees would benefit the public; however, it set aside the permit because the impacts on the dune system were not adequately considered and did not sufficiently address flood risks to outweigh those concerns.
Case documents

from the Grantham Research Institute
from the Grantham Research Institute
Climate Change Laws of the World uses cookies to make the site simpler. Find out more about cookies >>