Planning law is not property: Sea level change in Queensland

Research output: Contribution to journalOnline ResourceProfessional

Abstract

[Extract]
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?
Original languageEnglish
JournalCurl: Property law, women and law, contemporary legal issues
Publication statusPublished - 10 Dec 2014
Externally publishedYes

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minister
planning
Law
world market
right of ownership
liability
myth
legitimacy
climate change
land use
resident
infrastructure

Cite this

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title = "Planning law is not property: Sea level change in Queensland",
abstract = "[Extract]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?",
author = "Kathrine Galloway",
year = "2014",
month = "12",
day = "10",
language = "English",
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Planning law is not property: Sea level change in Queensland. / Galloway, Kathrine.

In: Curl: Property law, women and law, contemporary legal issues, 10.12.2014.

Research output: Contribution to journalOnline ResourceProfessional

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PY - 2014/12/10

Y1 - 2014/12/10

N2 - [Extract]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?

AB - [Extract]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?

M3 - Online Resource

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