USQ Law Society Law Review Summer Edition 2021

Page 70

WILL CLIMATE CHANGE BE A CATALYST FOR COLLABORATIVE CONTRACTING?

WILL CLIMATE CHANGE BE A CATALYST FOR COLLABORATIVE CONTRACTING? A NTHONY S IMPSON I.

INTRODUCTION

The science of climate change is not in doubt, and the debate on the likely impacts of climate change now appears settled. The Paris Agreement, adopted by 195 member States, aims to hold the increase in the global average temperature to less than 2°C above pre-industrial levels.1 The science is extensive and conclusive.2 Global warming linked to increased CO2 in the atmosphere has and continues to contribute to significant changes in our climate, with equally significant impacts on our everyday lives - how and where we live, how we conduct business, and how we build for the future. Our infrastructure and buildings are adapting to cope with these changes,3 often inadvertently, but conventional delivery models and policy are at risk of holding us back. This paper outlines some of the current and predicted risks to construction and engineering due to the impacts of climate change and asks the question whether climate change can be a catalyst for a more collaborative, government-industry approach to infrastructure and building development in Australia.

II.

THE VERY REAL, AND CLOSE TO HOME IMPACTS OF CLIMATE CHANGE

Environmental changes attributed to climate change and projected to continue changing as global temperatures approach a 1.5°C increase above pre-industrial levels include a greater frequency of, and more extreme hot days and cold nights; longer and more severe droughts; and more frequent and heavier precipitation events (cyclones).4 Follow on effects already being experienced across Australia with increasing frequency and intensity include bushfires, flooding, electrical storms, coastal inundation, and changes to groundwater conditions. Abram et al identified 2019 as Australia’s hottest and driest year on record,5 with a direct link to a Submitted for assessment LAW3473 1 Paris Agreement, opened for signature 22 April 2016, ATS 24, art 1(a) (entered into force 4 November 2016) ('Paris Agreement'). 2 Intergovernmental Panel on Climate Change, Global Warming: 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre-industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty (Special Report, 2018) (‘IPCC Special Report’). 3 Lola Vallejo and Michael Mullan, ‘Climate-resilient infrastructure: Getting the policies right’ (OECD Working Papers No 121, OECD Publishing, 2017); Jonathan Nott, 'Washed away - people and buildings during tropical cyclones: are Queensland State and local government policies doing enough?' (2004) 21(3) Environmental and Planning Law Journal 227. 4 IPCC Special Report (n 2); see also: Nick Herold et al, 'Projected changes in the frequency of climate extremes over southeast Australia' (2021) 3(1) Environmental Research Communications; 'Climate change in Australia', CSIRO (Web Page, 24 December 2020) <https://www.csiro.au/en/research/environmental-impacts/climate-change/Climate-changeinformation>. 5 Nerilie Abram et al, 'Connections of climate change and variability to large and extreme forest fires in southeast Australia' (2021) 2(8) Communications Earth & Environment 2.

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