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McCulloch v. Bass Coast Shire Council

Country/Territory
Australia
Date
Mar 1, 2007
Source
UNEP, InforMEA
Court name
Civil and Administrative Tribunal
Seat of court
Victoria
Reference number
[2007] VCAT 363 (Australia)
Abstract
Applicants challenged a permit in Australia state court for the development of levees and bunds to protect the coastal area from sea level rise. The applicants asserted that the proposal (1) would not benefit the public because the levees were being built to satisfy a condition to a permit for a proposed retirement village development; and (2) did not respect the value of the coastal environment. The court found the levees would benefit the public; however, it set aside the permit because the impacts on the dune system were not adequately considered and did not sufficiently address flood risks to outweigh those concerns.

Key environmental legal questions:

Challenge construction permit for levees
Full text
Non-US_McCullough-v.-Bass-Coast-SC-2007-VCAT-363.pdf
Website
climatecasechart.com