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Published on: June 7, 2024
Land Tenure, Ownership and Use as Barriers to Coastal Wetland Restoration Projects in Australia: Recommendations and
Justine Bell-James1, James A Fitzsimons2,3, Catherine E Lovelock4
1TC Beirne School of Law, University of Queensland, Brisbane, QLD, Australia. j.bell-james@law.uq.edu.au.
Abstract:
Globally, there is an urgent need for widespread restoration of coastal wetlands like mangroves and saltmarsh. This restoration has been slow to progress in Australia for a number of reasons, including legal issues surrounding land tenure, ownership and use. This paper uses the responses to a survey of coastal zone experts to identify and articulate these legal issues, before considering and analysing in-depth recommendations, solutions and levers to facilitate restoration, and areas where further research or possible policy and/or law reform is needed. It calls for legislative reform to clarify tidal boundaries generally and under sea-level rise, greater use of incentive schemes to encourage the uptake of restoration projects, and utilisation of contracts and land-based covenants to secure projects and carbon flows.
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