Climate change lawyers are set to become increasingly in demand as disputes between councils, developers and land holders over coastal land become more commonplace.

DLA Phillips Fox planning, environment and climate change partner Charmian Barton says future disputes will increasingly require land owners and developers to justify a proposal to build in areas susceptible to climate change impacts, particularly in coastal and low lying areas.  “When conflicts arise between councils, land owners and developers, that is when solicitors will become more heavily involved,” she said. “The major focus going forward will be litigation. We have already started to see it in the context of coastal developments in NSW, Victoria and Queensland. I anticipate that this will increase over time.”

One council currently being sued for its coastal management plan is Byron Shire Council, which is facing a A$100m law suit from 10 residents along Belongil Beach. The residents claim the council’s coastal protection works have stripped more than 20 metres of protective dunes in front of the houses and that they were not informed about the plans when they purchased the properties. The council claims, however, that anyone who purchased a property there after 1988 knew they were buying into an at risk area.

According to Freehills climate change partner Peter Briggs, there are a number of councils and governments which may be sued as a result of their action or inaction. “The issue going forward will be whether a council is able to be sued for not preventing development, or not taking precautions. However, there are limits in a council’s responsibilities, depending on which state the council is in and what the relevant legislation is there,” said Briggs.  “The government needs to regulate this issue with legislation. We need greater regulatory frameworks from governments, as councils are not equipped to deal with such issues,” added Briggs.

Late last year the Federal Government released coastal maps to help councils prepare for the impacts of climate change. The new maps identify the future impacts of climate change on some coastal regions, including Melbourne, Sydney, Perth, Hunter and Central Coast, and South East Queensland. However, while federal and state governments are providing resources around dealing with climate change, Barton says the formulation of policies will likely remain with local councils. “I think adapting to climate change at the local level will remain a local council issue. Local councils are formulating their own policies on climate change adaptation and there is potential work in the development and interpretation of those policies,” she said.