Major Australian cities are facing a traffic congestion ‘crisis’, the result of unsustainable transport behaviours such as excessive importance and reliance on private vehicle transport. While engineering, infrastructure and economic-based solutions have been proposed to alleviate the symptoms of congestion, these do not address its underlying causes relating to unsustainable transport behaviours. Regulatory solutions that contribute to alleviating congestion can be identified by alternatively approaching congestion from an environmental perspective, as a challenge for achieving sustainable development in relation to indicators such as liveable cities and climate change. On the premise that congestion is an environmental externality of transport, environmental taxation literature can be used to guide the development of regulatory measures that create an integrated system-wide transport pricing scheme to promote sustainable transport.
Climate change is widely accepted to pose a range of risks and challenges for Australia. As a result, Federal, State/Territory, and local governments are taking action to both mitigate, and adapt to, the consequences of climate change. This chapter explores two overarching issues of how activities undertaken to mitigate climate change are affecting land use in Australia. First, what are the nature and scope, and the grounds for exercising rights over private property under Australian law in the context of climate change? Second, how is use and enjoyment of private property affected by Australia’s flagship mechanism to encourage GHG emissions mitigation, the Emissions Reduction Fund (‘ERF’)?