opinion

Byron Shire Council v. Vaughan; Vaughan v. Byron Shire Council - opinion

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Litigation

Sabin

Sabin Litigation

Filing Year For Action

After strong storms and increased coastal erosion, John and Anne Vaughan attempted to rebuild an interim sandbag wall that was previously approved by the city council in a 2001 development consent.  The council sought an injunction from the court preventing the wall from being rebuilt, arguing that the council had a policy of planned retreat and that rebuilding the wall could cause damage to other properties, especially if it was built without the approval of the council. The Vaughan’s responded by bringing an action against the council, alleging breach by the council of the 2001 development consent.  The court upheld the council’s request and issued an injunction preventing the wall from being rebuilt. The two parties later came to a settlement before the final hearing allowing the Vaughan’s to rebuild the wall using geobags and sand as opposed to rocks, which they had initially planned to use.

Subsequent to Byron Shire Council v. Vaughan; Vaughan v. Byron Shire Council and the settlement reached between the parties, John and Anne Vaughan requested that the injunction preventing them from rebuilding the wall be discharged and the costs incurred be reserved. The court discharged the injunction and ordered that the costs relating to the injunction be reserved.

Byron Shire Council v. Vaughan; Vaughan v. Byron Shire Council

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Byron Shire Council v. Vaughan; Vaughan v. Byron Shire Council - opinion

Risk

Economic sector

Adaptation/resilience

Finance