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The Climate Litigation Database

Gippsland Coastal Board v. South Gippsland Shire Council

Geography
Year
2008
Document Type
Litigation

About this case

Filing year
2008
Status
Application granted
Court/admin entity
Australia → Victoria → Civil and Administrative Tribunal
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global) → Climate adaptation (Global)
Principal law
Australia → Precautionary Principle
At issue
Challenge to local council grant of residential development consent
Topics
, ,  

Documents

Filing Date
Document
Type
Topics 
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Summary

An Australian tribunal overturned a local council decision granting consent for residential developments in a coastal region. A regional coastal board, set up under the Victorian Coastal Management Act 1995, challenged the council decision, arguing that the proposed developments were inappropriate in light of projected sea level rises as a result of climate change. The tribunal applied the precautionary principle, finding that sea level rise and more extreme weather conditions resulting from climate change presented a reasonably foreseeable risk of inundation of the site, and determined that development consent should not be granted.

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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Economic sector
Adaptation/resilience