Teaching Law

Showing posts with label planning law. Show all posts
Showing posts with label planning law. Show all posts

Wednesday, 10 December 2014

Planning law is not property: Sea level change in Queensland

Poruma - community call for help to deal with erosion Jan 2014
The Torres Strait is already suffering sea level rises*

Queensland's Infrastructure Minister, Jeff Seeney, has ordered a local government authority to remove from its regional plan any references to climate change induced sea level rise. The stated objective of this directive is 'to ensure residents' rights to build and develop their properties were maintained and not restricted by their local council'. The Minister confirmed that he had intervened to protect property rights.

I suggest that instead, the Minister has a confused understanding of appropriate government authority to regulate land use, thus undermining government's own legitimacy in this area. Additionally he has generated a dissonance between the real-world market practice of insurers and the ideological myth of property as dominion. In doing so he may be exposing the local authority (and state government) to liability in the future. All in the name of property.

Does his argument have foundation? Or does it simply reflect an ideological position?


Sunday, 26 February 2012

Bats, Dangerous Creatures & Domain Over Land

Bob Katter has recently called for landowners to have 'control over his (sic) backyard'.
"So if he decides to remove a deadly animal, like this bat up here, or a snake, it's his backyard, not the crown's. 
In Mr Katter's view:
"As a race of people we have moved away from (the idea of) 'this backyard belongs to us'."
What I take his meaning to be is that the state has too much regulatory power over activities undertaken upon freehold land.  That is, he is seeking a more libertarian approach in terms of elevating private property above state intervention.  In other words that a person's home is their castle.