Beach Law Cleanup: How Sea-Level Rise Has Eroded the Ambulatory Boundaries Legal Framework

Land Tenure, Ownership and Use as Barriers to Coastal Wetland Restoration Projects in Australia: Recommendations and Solutions

“…They also reflect the uncertain and unpredictable nature of coastal shorelines. However, the continuing appropriateness of these doctrines under climate change has been challenged by legal scholars (Bell 2014 ; Byrne 2012 ; Flournoy 2017 ; Michael 2018 ) and coastal experts (Victorian Environmental Assessment Council 2020 ). There are several arguments as to why the doctrines should not apply to climate change-induced sea level rise: the impacts of climate change are human-caused rather than natural, the impacts are predictable and can be estimated within a range of certainty, and climate change will remove the ‘give and take’ element as it is almost certain to result in a loss of land for the landward owner (Bell 2014 ; Byrne 2012 ; Flournoy 2017 ; Michael 2018 ).…”

“…However, the continuing appropriateness of these doctrines under climate change has been challenged by legal scholars (Bell 2014 ; Byrne 2012 ; Flournoy 2017 ; Michael 2018 ) and coastal experts (Victorian Environmental Assessment Council 2020 ). There are several arguments as to why the doctrines should not apply to climate change-induced sea level rise: the impacts of climate change are human-caused rather than natural, the impacts are predictable and can be estimated within a range of certainty, and climate change will remove the ‘give and take’ element as it is almost certain to result in a loss of land for the landward owner (Bell 2014 ; Byrne 2012 ; Flournoy 2017 ; Michael 2018 ). However without legal reform or court challenge (Victorian Environmental Assessment Council 2020 ) to alter the status quo it seems likely that tidal boundaries will remain ambulatory in nature and therefore may be altered significantly with climate change.…”