REC145-3216

Noting the gap in research on legal issues and climate change impacts on the coastal zone, the Committee recommends that the Australian Government request that the Australian Law Reform Commission undertake an urgent inquiry into this area, with particular focus on:
- clarification of liability issues with regard to public authorities acting or not acting in terms of climate change adaptation and possible coastal hazards (eg legal basis to implement adaptation strategies of protect, redesign, rebuild, elevate, relocate and retreat)
- clarification of liability issues with regard to private property holders acting to protect their properties from the impacts of climate change
- legal issues associated with the impacts of climate change on existing developments, as opposed to planned new developments
- mechanisms to ensure mandatory risk disclosure to the public about climate change risks and coastal hazards (eg legislation harmonised across all states requiring mandatory disclosure of all known and predicted risk data by state and local governments to property purchasers during property conveyance and title search processes)
- whether there should be broader indemnification of local government authorities