Trends in the Evolution of Floodplain Management in Australia: Risk Assessment, Precautionary and Robust Decision-Making

摘要

This article tracks the evolution of floodplain development policy in Australia and analyses some recent case law in the light of that policy. Although the dominant policy paradigm promotes strategic risk management combined with affordable and proportionate risk mitigation, the case law analysed adopts a more risk averse and normative tone. There seems to be a clear dichotomy between the preferred risk management approach of the main policy documents and actual practice, at least in the courts. The reasons for this divergence and some reflections on the future of the precautionary principle in the light of this evidence are discussed in the final sections.