Solar access law: 30 years on

Abstract

As energy production and consumption constitute approximately two-thirds of all global atmospheric carbon emissions, energy law reforms will be essential if the world is to tackle seriously the problem of climate change. One of the major changes will be the rapid expansion of solar energy. This will not occur unless householders and businesses that install solar collector panels on their properties can be assured that their investment will not be wasted as a result of shading caused by the activities of the owners of neighbouring properties. This problem was identified in legal circles in Australia in 1978, when the Law Reform Committee of South Australia produced a report on solar access. This article examines the that have occurred in this area of law over the past 30 years at State and local government level, as well as in the courts.