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  • The Assessment of Flooding Risks in the Courts: Seeds of a Divergent Jurisprudence

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    Version of Record (VoR)
    Author(s)
    England, Philippa
    Griffith University Author(s)
    England, Philippa C.
    Year published
    2018
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    Abstract
    In Australia, risk analysis, risk assessment and risk management are buzz words for decision-makers who must deal with the prospective – but relatively uncertain – impacts of climate change and other environmental risks. But what do these terms mean in practice and how do they play out in the courts? This article identifies some divergent approaches to these issues with particular regard to planning policies, instruments and case law involving a risk of flooding. It identifies three alternative policy approaches and tracks their application (and non-application) in the courts in particular flooding cases. It argues that, ...
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    In Australia, risk analysis, risk assessment and risk management are buzz words for decision-makers who must deal with the prospective – but relatively uncertain – impacts of climate change and other environmental risks. But what do these terms mean in practice and how do they play out in the courts? This article identifies some divergent approaches to these issues with particular regard to planning policies, instruments and case law involving a risk of flooding. It identifies three alternative policy approaches and tracks their application (and non-application) in the courts in particular flooding cases. It argues that, despite a dominant policy paradigm favouring strategic land-use planning and adaptive risk management, when assessing flooding risks, the courts have often applied a more normative and precautionary approach in their own decision-making. Some reasons for this “divergent jurisprudence” are discussed.
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    Journal Title
    Environmental and Planning law journal
    Volume
    35
    Issue
    3
    Publisher URI
    http://sites.thomsonreuters.com.au/journals/2018/05/18/environmental-and-planning-law-journal-update-vol-35-pt-3/
    Copyright Statement
    © 2018 Thomson Reuters. This article was first published by Thomson Reuters in the Environmental and Planning law journal and should be cited as 2018, 35 (3), pp. 267-279. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.
    Subject
    Environmental and resources law
    Urban and regional planning
    Social Sciences
    Government & Law
    Publication URI
    http://hdl.handle.net/10072/400191
    Collection
    • Journal articles

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