1. Name of presenter Corporate Climate Change Adaptation Planning Council name Date

2. OVERVIEW Project Overview  What is climate adaptation  Roles and responsibilities  Legal considerations for councils  Regional Councils Climate Adaptation Project What are we doing today?  Overview of Local Climate Profile  Discussion on Climate Adaptation Planning  Next Steps

3. PROJECT AIMS The climate adaptation planning project aims to  increase the capacity of council to adapt to climate change impacts at a corporate level How to achieve this:  embedding adaptation actions into councils existing processes and key documents  use of the the adaptation planning tool for ongoing review and updating.

4. 2.WHY ARE WE DOING THIS?

5. WHAT IS CLIMATE CHANGE ADAPTATION ? Climate Change Adaptation = taking action to reduce the adverse consequences of climate change, and to take advantage of any opportunities. Adaptation actions can include:  advocacy to other spheres of government and stakeholders  education and training about climate change  planning emergency responses for more severe extreme weather events  revising planning standards for vulnerable areas  developing technical and scientific solutions, such as drought-resistant crops or increasing thermal performance standards for buildings. Adaptation also involves actively managing our environment to improve the resilience of key resources like water catchments, biodiversity.

6. ROLES AND RESPONSIBILITIES COAG Select Committee on Climate change states the role of Local Governments is to:  Administer relevant state and territory and / or Commonwealth legislation to promote adaptation as required including the application of relevant codes, such as the Building Code of Australia;  Manage risks and impacts to public assets owned and managed by local governments;  Manage risks and impacts to local government service delivery;  Collaborate across councils and with State and Territory Governments to manage risks of regional climate change impacts;  Ensure policies and regulations under their jurisdiction, including local planning and development regulations, incorporate climate change considerations and are consistent with State and Commonwealth Government adaptation approaches;

7. COAG SELECT COMMITTEE ON CLIMATE CHANGE Local Governments will:  Facilitate building resilience and adaptive capacity in the local community, including through providing information about relevant climate change risks;  Work in partnership with the community, locally-based and relevant NGOs, business and other key stakeholders to manage the risks and impacts associated with climate change; and  Contribute appropriate resources to prepare, prevent, respond and recover from detrimental climatic impacts.

8. COUNCILS AND LEGAL CONSIDERATIONS Baker and McKenzie (BMK), in a report to the ALGA outlined actions that councils may follow to reduce liability. These include:  exercising reasonable care when making planning decisions, taking care to ensure relevant facts are known and understood, relevant law is identified &understood, and reasons for decisions are clear &accurate  keeping up to date on general climate change science and information, particularly in relation to potential risks from natural hazards,  developing clear and certain criteria for decision making to increase public confidence that decisions are made on the basis of the best available scientific evidence  increasing public consultation, as this may improve transparency around decision-making processes and limit administrative review  facilitating the provision of information to property owners on potential risks to property.

9. SHAUN MCELWAINE + ASSOCIATES ADVICE Further legal advice provided to the STCA by Shaun McElwaine and Associates in 2012 established that councils:  are not liable for existing use or development  nor will they incur liability for ‘no action’ in response to climate impacts or hazards  if they take action they could be liable if that action causes harm or damage  may be found liable for operational advice such as the assessment of planning applications and new developments

10. OVERALL  The more information we have access to, or should have reasonably accessed, the more likely it is that a council may be found wanting at common law in circumstances where they didn’t or chose not to act  Regardless of the ‘policy vacuum,’ there are still things councils can do to prepare themselves and their communities, and importantly they need to do these things to be seen as acting reasonably

11. DISCLAIMER  The purpose of this advice is for local government generally and an individual council should not rely upon it.  No liability is accepted for the content of the advice, or for the consequences of any actions taken on the basis of the information provided.  If an individual council wishes to rely upon the advice it is recommended that they seek their own advice prior to doing so.

12. LOCAL CLIMATE PROFILE  insert key points from your council’s local climate profile

13. CLIMATE ADAPTATION PLANNING  Project outline - risk analysis process - developing adaptation options and corporate adaptation plan - timeframes  Council Adaptation Working Group - role of the group - membership

14. NEXT STEPS  Outline the next steps