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Case study 4.1: Unravelling ESD—the Walker case (p. 140)

For further litigation concerning the Anvil Hill Coal Mine, see Anvil Hill Project Watch Association v Minister for the Environment and Water Resources (2007) 159 LGERA 8 and Anvil Hill Project Watch Association v Minister for the Environment and Water Resources (2008) 166 FCR 54.

For other ESD/climate change cases, see Jacqueline Peel and Lee Godden, ‘Planning for Adaptation to Climate Change: Landmark Cases from Australia’ (2009) 9(2) Sustainable Development Law and Policy: Climate Law Reporter 37-42; Jacqueline Peel, ‘Climate Change Law: The Emergence of a New Legal Discipline’ (2008) 32(3) Melbourne University Law Review 922; David Parry, ‘Ecologically Sustainable Development in Western Australian planning cases’ (2009) 26(5) Environmental and Planning Law Journal 375.

In particular, see Thornton v Adelaide Hills Council (2006) 151 LGERA 1; Drake-Brockman v Minister for Planning (2007) 158 LGERA 349, both concerning when and how the ESD Principles must be considered.

See also Gippsland Coastal Board v South Gippsland Shire Council  (No 2) [2008] VCAT 1545, Aldous v Greater Taree City Council [2009] NSWLEC 71, Myers v South Gippsland Shire Council [2009] VCAT 1022 and Ronchi & Campbell v Wellington Shire Council [2009] VCAT 1206.  These are a series of planning cases in which the ESD Principles were taken into account, requiring amendments to developments to account for the risk of climate change.


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