Planning law is not property: sea level change in Queensland

Galloway, Kate (2014) Planning law is not property: sea level change in Queensland. Curl: Property law, women and law, contemporary legal issues, 10 December 2014.

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Abstract

[Extract] Queensland's Infrastructure Minister, Jeff Seeney, has ordered a local government authority to remove from its regional plan any references to climate change induced sea level rise. The stated objective of this directive is 'to ensure residents' rights to build and develop their properties were maintained and not restricted by their local council'. The Minister confirmed that he had intervened to protect property rights.

I suggest that instead, the Minister has a confused understanding of appropriate government authority to regulate land use, thus undermining government's own legitimacy in this area. Additionally he has generated a dissonance between the real-world market practice of insurers and the ideological myth of property as dominion. In doing so he may be exposing the local authority (and state government) to liability in the future. All in the name of property.

Does his argument have foundation? Or does it simply reflect an ideological position?

Item ID: 37106
Item Type: Article (Commentary)
Additional Information:

Curl: Property law, women and law, contemporary legal issues is the blog of Kate Galloway and is available at http://katgallow.blogspot.com.au/ (15 April 2015)

Date Deposited: 16 Apr 2015 05:37
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180111 Environmental and Natural Resources Law @ 100%
SEO Codes: 96 ENVIRONMENT > 9603 Climate and Climate Change > 960311 Social Impacts of Climate Change and Variability @ 100%
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