Legal barriers and enablers for reintroducing tides: An Australian case study in reconverting ponded pasture for climate change mitigation

Abstract

Across the globe, areas of the floodplain have been converted to agricultural use – often at the expense of natural ecosystems. In Australia, coastal wetlands have been transformed to ‘ponded pasture’ for cattle grazing which has resulted in a loss of saline wetlands, increased methane emissions, and impacts on species like fish and birds. Reconversion of these areas to saline wetlands is a potential climate change mitigation strategy, but given they occur at the intersection of private and public ownership regimes, some specific legal issues must be considered.This article provides an analysis of the legal enablers and barriers associated with reconverting ponded pastures or other hydrologically modified coastal land to saline wetlands for climate change mitigation, using Queensland, Australia as a case study. While projects are clearly possible, some of the key factors to consider in order to reduce legal risk and liability include: whether the law permits reflooding and what permits are required; clarifying land and carbon rights, which may require negotiation with the state government; and understanding the liabilities for potential impacts on adjacent land and biota.