Rising seas legal threat council ‘at risk’

Jessica Benton
Government experts must “get off their backsides” to protect councils from legal action over forecast sea rises from climate change, according to Borough of Queenscliffe Mayor Bob Merriman.
He called on state and federal governments to look after councils leading the way on planning for climate change, such as the borough.
Cr Merriman feared property owners could sue his council for approving developments later flooded with rising seas.
The Independent reported last month that the borough had begun knocking back planning applications for areas deemed at risk of flooding from rising seas.
The borough has adopted a Corangamite Catchment Management Authority climate change flood map showing hundreds of existing and vacant blocks at risk from a forecast 80cm rise in sea levels.
Under new council guidelines, applications for properties in medium, high and extreme risk zones must go to the management authority for “advice”. Existing policy forbids approval for building in extreme and high-risk areas and require management authority input for applications in medium-risk zones.
Cr Merriman said higher levels of government must step in to protect councils.
“It’s only the governments that can give greater protection and guidelines and we’re in a timeout zone until that happens. We want to be able to approve work in these areas without being at risk but we need the governments’ protection to be able to do so.
“The experts need to get off their backsides and help us.”
Cr Merriman said the borough was “trying to look out” for all the community, including land owners.
“Our biggest problem is that, apart from councils in South Gippsland and Glenelg, we’re the only ones telling the community what’s actually happening,” he said.
“It became clear that if we didn’t advise people of the possible risks, we ourselves would be at risk. Everyone else is sitting and waiting for the governments to do something.
“From an insurance point of view we were told very clearly that if we knew of some risk at some time and we approved permits to build or do something in that area our insurance wouldn’t cover us.”