Our Expertise

Coastal
Management

Beatty Hughes & Associates is recognised for its technical legal expertise in Coastal Management

Development proposals and land use planning in the coastal zone can often generate complex legal, technical and policy issues.

Specific regulatory considerations under the Coastal Management Act 2016 and Environmental Planning and Assessment Act 1979 constrain what may be considered to be relatively minor works.
Areas of the coastal zone have high ecological values sensitive to environmental change and development pressures.
The dynamic coastal environment makes consideration of the environmental impacts of and on specific development complex.
Boundary definitions and land tenures issues frequently arise.
Identifying and obtaining consent of all affected land owner (including the Crown) can be challenging.

Beatty Hughes & Associates, have a deep understanding of the complex legal and policy considerations applicable to our coastal zones.

We have acted for the NSW Coastal Panel / NSW Transition Coastal Panel (during the period in which it acted as a consent authority for certain coastal protection works) over a number of years in numerous planning appeals in the Land and Environment Court brought by private applicants.

We have advised local councils in multiple Australian jurisdictions on coastal risk management issues.

NSW Government Unveils New Blue Carbon Strategy 2022 – 2027

In pursuit of carbon emissions reduction targets, the NSW Government has revealed a “blue carbon” strategy that will allow private landowners to invest in protecting and rehabilitating coastal areas. The production of blue carbon, the carbon captured by coastal ecosystems, will be prioritised for the next 5 years and incentivised through extending the existing system of carbon credits to private landowners who restore and protect these habitats on their land.

Published on 13 September, 2022

Coastal Adaptation – Towards a Statutory Reconciliation of Private Rights and Public Interests

Due to coastline recession, valuable real estate on Australian beaches is being threatened, generating tension between the protection of property and public access to beaches. Rigid approaches to this issue fail to account for the need for flexibility; thus, the statutory implementation of an Australian Public Trust Doctrine and other instruments within a Torrens Title system could assist in decreasing adaptation through litigation.

Published on 1 January, 2018

The Future of Coastal Protection Works on Public Land in NSW

In the examination of recent cases along the Belongil beach seawall, the tensions between private and public interests arise. The Court’s findings set an important precedent for consent authorities and demonstrate hurdles for private applicants seeking to use public land in the coastal management framework.

Published on 1 January, 2018

How Can the Law Make Hard Decisions Easier?

In pursuit of adequate climate adaption, Councillors need better legal safety nets and protections from frivolous lawsuits. Without clear legislation, the Productivity Commission reports Local Government Area’s face an increased liability risk which inhibits effective risk management.

Published on 2 October, 2014