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Our Place in the World: Managing coastal climate change risks

Our Place in the World: Managing coastal climate change risks. 8 October 2011. 215364015_4. Meredith Gibbs Special Counsel. Where are we in the world?. Australia's coastline: >35,000 km New Zealand's coastline: >15,000 km. Where are we in the world?. Australia's coastline: >35,000 km

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Our Place in the World: Managing coastal climate change risks

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  1. Our Place in the World: Managing coastal climate change risks 8 October 2011 215364015_4 Meredith Gibbs Special Counsel

  2. Where are we in the world? Australia's coastline: >35,000 km New Zealand's coastline: >15,000 km MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  3. MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  4. Where are we in the world? Australia's coastline: >35,000 km New Zealand's coastline: >15,000 km MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  5. Overview • Coastal climate change (CCC) risks • Australia's vulnerability to CCC risks • What is Australia doing to manage CCC risks? • Australian Government's response – call for a national approach? • State and territory responses • Common CCC policies • Risk protection standards • Policies for managing CCC risks to existing settlements • Local government responses – planned retreat case study • International responses – some approaches MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  6. CCC risks • Sea level rise (SLR) • Coastal hazards (e.g. erosion, storm surges, inundation, geophysical risks and sand drift) as exacerbated by climate change • The cumulative effect of SLR and coastal hazards as exacerbated by climate change • Teaching an old dog new tricks? MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  7. How vulnerable is Australia?

  8. Australian sea-level rise (mm/year) from the early 1990s to June 2010 +7.0 +7.1 +7.1 +3.3 +2.0 +3.5 +7.4 +4.5 +4.6 +2.1 +2.8 +2.6 +3.4 Source: National Tidal Centre 2010 MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  9. How vulnerable is Australia? • 85% population live in coastal region • All Australian capital cities are located on the coast • Coast is conduit for exports and imports; focus of commercial activity in coastal zone • Coastal populations = lower socio-economic demographic  equity concerns • Important ecosystems at risk, including World Heritage Areas MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  10. How vulnerable is Australia? • 39,000 residential buildings located within 110m of "soft' shorelines (prone to instability) and at risk from accelerated erosion • Many community facilities located within 200m of shoreline: 258 police, fire and ambulance stations; 5 power stations; 75 hospitals and health services; 41 landfill sites; 3 water treatment plants, and 11 emergency services facilities • Vulnerable communities, including indigenous communities, located in coastal zone MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  11. Potential exposure to inundation and shoreline recession: SLR scenario of 1.1m (relative to 1990)2008 replacement value Residential Commercial Light industrial Roads and rail Source: Australian Government (2011), Climate Change Risks to Coastal Buildings and Infrastructure: A Supplement to the First Pass National Assessment MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  12. But Australia is growing … • Forecast growth from 21 million in 2007 to between 30.9 and 42.5 million by 2056 and to between 33.7 and 62.2 million by 2101 • Based on current trends much of this growth will be accommodated in coastal settlements and cities MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  13. How has the Australian Government responded?

  14. Australian Government's response to climate change Adaptation: Adapting to Climate Change in Australia (2010) Six national priority areas for action: water, coasts, infrastructure, natural ecosystems, natural disaster management, and agriculture Mitigation: Clean Energy Future Plan (2011) Carbon pricing mechanism Promoting renewal energy Encouraging energy efficiency Creating opportunities in the land sector MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  15. Australian Government's response: CCC National Climate Change Forum: Adaptation Priorities for Australia's Coasts House of Representatives Standing Committee on Climate Change, Water, Environment and the Arts Managing our Coastal Zone in a Changing Climate: The time to act is now Australian GovernmentAustralian Government response to the House of Representatives Committee Report: Managing our Coastal Zone in a Changing Climate: The time to act is now Productivity Commission investigation into barriers to climate change adaptation Australian GovernmentDeveloping a national coastal adaptation agenda, a report on the National Climate Change Forum Coasts and Climate Change Council Australian Government Climate Change Risks to Coastal Buildings and Infrastructure: a supplement to the first pass national assessment Australian Government Climate Change Risks to Australia's Coast, a first pass national assessment Australian Government Adapting to Climate Change in Australia MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  16. Australian Government's response • Very little detailed policy or guidance at national level • Coasts and Climate Change Council (supported by Department of Climate Change and Energy Efficiency) currently developing policy options for areas where Australian Government can take a leadership role • September 2011: Australian Productivity Commission to conduct an inquiry into regulatory and policy barriers to effective climate change adaptation MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  17. Australian Government has limited constitutional capacity Primarily state/territory responsibility Calls for a national approach … Coastal land management: who is responsible? Local government has day-to-day management responsibility Coastal boards MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  18. Who is responsible for making and implementing CCC policies? • Complex division of state and local responsibilities dependent on jurisdiction = • lack of clarity around responsibilities • no coordinated or consistent response to CCC risks across Australia MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  19. How have the states and the Northern Territory responded?

  20. What CCC policies are there? • Each jurisdiction has state-wide policies to manage CCC risks but they vary greatly in coverage and detail • QLD, NSW, SA and Vic = detailed policies • WA = limited • NT, Tasmania = lacking • Focus on new development • Policy gap on how to deal with CCC risks to existing development • Planning for emergency management responses in light of CCC risks is lacking MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  21. Identify vulnerable areas using CCC risks as variables (mapping) • Planning decisions should consider CCC risks eg. planning schemes and approvals • Take a precautionary, risk assessment-based approach • Locate and design new development so that it can be appropriately protected from CCC risks - setback areas, land use zones, development standards, prohibitions, minimisation of use of coastal protection works • Public funds should not be used to protect new development against CCC risks • Develop adaptation response strategies for existing settlements in high risk areas to accommodate change over time • Plan for resilience in coastal ecosystems to adapt to the climate change impacts • Ensure all plans consider the most recent scientific information on the impacts of climate change Most common coastal climate change risk management policies

  22. How are CCC policies given legal effect?

  23. Legislative framework at state level COASTAL LEGISLATION Coastal Protection Act 1979 (NSW)Coastal Management Act 1995 (Vic)Coastal Protection and Management Act 1995 (Qld)Coast Protection Act 1972 (SA) CLIMATE CHANGE LEGISLATION Climate Change Act 2010 (Vic)Climate Change and Greenhouse Emissions Reduction Act 2007 (SA)Climate Change (State Action) Act 2008 (Tas) PLANNING LEGISLATION Environmental Planning and Assessment Act 1979 (NSW)Planning and Environment Act 1987 (Vic) Sustainable Planning Act 2009 (Qld)Development Act 1993 (SA)Planning and Development Act 2005 (WA)Land Use Planning and Approvals Act 1993 (Tas)Planning Act (NT) Building legislation and codes Emergency management legislation MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  24. How are CCC policies given legal effect? Strategic planning State policies – not binding • Development decision making • Strategic planning documents • Planning scheme provisions • Other relevant matters Statutory planning Planning schemes - binding MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  25. How are CCC policies given legal effect? • Principal mechanism is land-use planning systems • CCC risks not addressed directly in principal planning/coastal legislation • Most common response is to address CCC risks in state-wide coastal policies (under coastal legislation or planning legislation) • Policies must be implemented in planning instruments to gain legal effect MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  26. How are CCC policies given legal effect? • Where they exist, CCC risks become one of many considerations for local councils • Little guidance on relative weight to be given to CCC risks • No hierarchy of considerations like Part II RMA • Consideration of CCC policies can be avoided when decision is "called-in" • Result - No consistent approach to consideration of CCC risks; ad hoc decision making MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  27. What risk protection standards are being used?

  28. What risk protection standards are being used? • No consistent concept of "coast" • No consistent sea level rise benchmarks MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  29. What risk protection standards are being used? • Why do inconsistent standards matter? • coastal hazard vulnerability assessments use SLR benchmarks • identification of "coastal hazard areas" • application of CCC risk policies to these areas/"coastal zone" • what happens if standards updated? • Differences do not appear to reflect different local conditions MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  30. What risk protection standards are being used? • Flood risk benchmark consistent = 1:100 ARI • But issues: • inconsistent whether CCC risks taken into account (and SLR benchmark used) • 1:100 events may become 1:10 events as impacts of climate change intensify MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  31. What risk protection standards are being used? • Risk assessment methodologies • are CCC risk assessments mandatory? • risk-based approach to development decision making • QLD + NSW detailed guidelines for undertaking assessments • minimum assessment factors • depend on life of asset • Methodologies – use SLR benchmarks • Similar to NZ MfECoastal Hazards and Climate Change Guidance Manual (not as broad in scope) MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  32. Erosion prone area width assessment formula – QLD Guidelines The formula adopted by Queensland DERM for the calculation of the necessary erosion prone area width is as follows: Where:E = erosion prone area width (metres) N = planning period (years) R = rate of long-term erosion (metres per year) C = short-term erosion from the 'design' storm or cyclone (metres) S = erosion due to sea level rise (metres) F = factor of safety (0.4 has been adopted) D = dune scarp component to allow for slumping of the erosion scarp (metres) MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  33. What risk protection standards are being used? Western Australia MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  34. What risk protection standards are being used? • Risk disclosure requirements e.g. when purchasing a property • Only NSW has requirements that would require disclosure of CCC risks • Victoria and SA: may indirectly result in CCC risk disclosure • NSW requirements – could be applied in other jurisdictions MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  35. What risk protection standards are being used? • International examples: no consistency in use of SLR benchmarks or approaches • Scenario planning • UK – planners must use two scenarios: one based on events with a probability of 50% occurrence and the other with 10% probability to gauge the range of impacts of climate change • City of Cape Town, South Africa – no set SLR benchmark; instead using 5-phase SLR assessment based on: (a) 2.5m SLR in sheltered environments; 4.5m SLR in exposed environments and 6.5m SLR in very exposed environments; (b) 4.5m SLR event; and (c) 6.5m SLR • We should be "robust" in consideration of worst case scenarios, taking precautionary approach MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  36. How are CCC risks to existing settlements being managed?

  37. How are CCC risks to existing settlements being managed? • Lack of well-developed policy across Australia; "work-in-progress" • Obvious need to develop policy for high-risk coastal areas • Three main approaches: • Planned retreat • Coastal protection works • Emergency responses MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  38. How are CCC risks to existing settlements being managed? • Planned or managed retreat • slim on detail; can be difficult to implement MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  39. "Managed retreat" in NZ • Defined as strategic decision to withdraw, relocate or abandon public or private assets that are at risk of being impacted by coastal hazards: MfE (2008) Coastal Hazards and Climate ChangeGuidance Manual • Examples of requirement for "relocatable" buildings in District Plans where conditions include: • Building must be readily relocatable; • Relocation strategy e.g. Tauranga CC requirement that alternative building site is identified which is outside coastal hazard area; • Trigger point and timeframe for relocation; • Covenant on title re registration of conditions; • Natural hazards notice on title under Building Act. MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  40. Planned retreat – rezoning • Glenelg Shire – western Victorian coast • Minister intervened • New houses in high risk area must be "relocatable" • Relocatable houses can be moved within 24 hours by a crane at cost of approx $10,000 MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  41. Barriers to implementing planned retreat by rezoning Existing use rights Injurious affection • *In all Australian jurisdictions • *Lawfully established, no change in intensity, scale, etc • *Some States require compliance with a code • *Can be lost if discontinued • *Qld, WA and Tas only • *Limited right to compensation for diminution of value of land as a result of change to planning scheme • *WA and Tas – only where change is to public purpose • *Use it or lose it regime • *In practice hard to establish but potential liability looms large for councils impacted *NZ – regional land-use rules regarding avoidance and mitigation of natural hazards effectively extinguish existing use rights if in a regional plan MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  42. Case study – existing development

  43. Belongilbeach, Byron Bay • Directly north of Byron township on NSW coast • Narrow sand spit approx. 4km long • Long history of erosion; query causes?? • Retreat policy has been controversial and difficult to implement

  44. Belongil Beach, Byron Bay • Has had an (informal) planned retreat policy since 1988 • Any new development or approved additions or alterations to existing development located in coastal planning precincts, has been approved based on a requirement that the development would be relocated (for relocatable development) or removed (for non relocatable development) • The development is required to be moved once the erosion escarpment encroaches to within a certain distance as described on the development consent (20-50m) • Must be capable of being moved by a single 4WD within 24 hours, without mains electricity MANAGING COASTAL CLIMATE CHANGE RISKS 8 October 2011

  45. Strong active Council pushing for planned retreat • Refusal to allow private erosion protection works • Massive coastal erosion • Conflicting rights and interests

  46. John Vaughan Retired Byron Bay property developer

  47. What happened? • 23 to 25 May 2009 – Serious storm surge. • Existing interim sandbag wall (2001) that had not been maintained – built by Council. • Large section of land lost (estimated $1million value) – 10m deep across the property. • Vaughan began emergency works to erect a rock wall– including placing equipment and materials on Council reserve land. • Council sought to prevent Vaughan undertaking the works – sought emergency injunction.

  48. Court challenge

  49. Byron Shire Council v Vaughan; Vaughan v Byron Shire Council [2009] NSWLEC 88 • Consent orders approved by the NSW Land and Environment Court in February 2010: • 2001 consent for the interim sandbag wall was ongoing, and the Council had an obligation to maintain and repair. • Council ordered to restore the wall to its height and shape before the storm. • Vaughan entitled to maintain, repair and restore the wall. • Vaughan had an option to bring an action in negligence or nuisance in the Supreme Court for damages.

  50. Public beach access v private property rights Key issues Some commentators suggest that effective planned retreat policies need to be coupled with regulation that prohibits hard protection works Viability of planned retreat Coastal climate change Who is responsible for coastal protection works and who pays? Council liability Long-term solutions Causes of erosion

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