Eurobodalla Shire Council
Determination of Potential Controversial Projects
Appraisal of existing plans of management by Eurobodalla Council staff to determine “potential controversial projects” on Community or Crown Land is quite extraordinary, given this action is a direct result of one small Dunecare project at Long Beach that became controversial only after the fact, was allowed to escalate out of hand and showed disregard for an adopted plan of management that was prepared in accordance with the relevant planning instruments and the respective legislation governing Crown and Community land under Eurobodalla Shire Council administration.
Governance Report W07/88 singles out a number of plans as being “potentially controversial” and categorises them as being definite (unambiguous), possible (likely) or unlikely (improbable) despite projects being consistent with the aims and objectives of plans of management for public foreshore land, the principles of ecologically sustainable development and being formally adopted by Council.
It is unrealistic to pre-empt what may be “potentially controversial” when a project to protect public foreshore land may be deemed to be controversial because of community pressure at one time, but at some future time prove to have been a vital measure to mitigate beach erosion and the effects of wave and wind action brought about by climate change.
Apart from speculation that a project may be controversial, Council needs to also consider their legal obligation to protect the coastal environment by taking measures to manage community land in an ecologically sustainable manner. Failure to accept responsibility to mitigate the effects of known hazards could result in costly liability issues for Council in the future.
An article by Lipman and Stokes and published in The Environmental and Planning Law Journal, “Shifting sands: the implications of climate change and a changing coastline for private interests and public authorities, in relation to waterfront land” cites cases where councils and/or councillors were found to be negligent for failure to take appropriate measures to mitigate the effects of known hazards.
Community land by definition is communal and, therefore for the use and benefit of all members of the community.
Owners of private land that adjoins or overlooks Community land often assume a “sense of ownership” of it and claim traditional use of that land and uninterrupted ocean views and direct beach access across it as an enduring right.
Projects on public foreshore land that deal with coastal protection, such as vital dune rehabilitation works to combat beach erosion and global warming impacts will be perceived as a violation of these rights and rehabilitation projects deemed controversial as a consequence.
Whenever there is the potential for conflict over the use of public foreshore land Council should be guided by the Precautionary Principle to ensure long-term protection of the land for the benefit of all community stakeholders.
Scientific research highlights the need for better planning and stronger legislation to protect foreshore land and property from the effects of global warming.
One recent study by Dr Ian Goodwin, a paleoclimatologist from the University of Newcastle, in his paper presented at the recent Greenhouse 2007 conference, suggests that storm surges could erode beaches on Australia’s east coast by as much as 100 metres over the next 100 years, an average of one metre per year, and would alter our coastline dramatically. Goodwin says that we not only have to plan for the predicted impacts of global warming but also for the La Nina outcome that will change the direction and height of wind-driven waves, which in turn determine how much coast is eaten away.
A recent Australian Financial Review article “Property under the Weather” highlighted climate change as the insurance industry’s No.1 challenge. The extreme cost to insure vulnerable coastal properties would be prohibitive for most and some properties could be too great a risk and therefore uninsurable. When those big storms do come and sea levels move the coast back, some high-risk properties and infrastructure could be totally devastated and Councils faced with significant liability issues.
At greatest immediate risk is $1 billion worth of beachfront development and low-lying areas around coastal lakes and estuaries. Brian Dooley, Director of Coast and Flood at the NSW Dept of the Environment and Climate Change, specifically mentioned Batemans Bay as being one of NSW’s most vulnerable areas, as like several other coastal locations much of the development is on sandy sediment rather than rock.
More than ever before, Councils must plan for greater protection in the coastal and erosion prone zone, by implementing Coastline Management Plans to combat predicted climate change impacts. They simply cannot afford to disregard the economic, social and environmental consequences.
Whilst Coastwatchers recognise conflict situations may arise over changes to the way community land has historically been used, projects that aim to protect the coastal environment and future wellbeing of the whole community must take precedence over the resistance of a small vocal minority with traditional ideals.
Before voting on Governance Report WO7/88 we strongly urge Councillors to carefully consider the consequences of not implementing projects dedicated to protecting the coastal environment from the impacts of beach erosion and climate change.
Reina Hill
Committee member
Eurobodalla Coastwatchers’ Association Inc.