Students
GSE 801 – Environmental Law and Policy
2014 – S1 Evening
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Wendy Goldstein
Contact via wendy.goldstein@mq.edu.au
E8A 372
Open: By appointment
Unit Convenor
John Whitehouse
Contact via john.whitehouse@mq.edu.au
jfwhitehouse@bigpond.com
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|---|---|
| Credit points |
Credit points
4
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| Prerequisites |
Prerequisites
Admission to MEnv or PGDipEnv or PGCertEnv or MEnvEd or PGDipEnvEd or PGCertEnvEd or MEnvMgt or PGCertEnvMgt or MEnvStud or PGDipEnvStud or MEnvPlan or MEnvSc or MPP or PGDipPP or MSusDev or PGDipSusDev or PGCertSusDev or MClimCh or MWldMgt or PGDipWldMgt or PGCertWldMgt or MMarScMgt or MSc in (Remote Sensing and GIS or Environmental Health) or PGDipSc in (Remote Sensing and GIS or Environmental Health) or PGCertSc in (Remote Sensing and GIS or Environmental Health)
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
This unit provides an introductory overview to environmental law at an international, Commonwealth and New South Wales level. The subject of environmental law covers a wide area including: natural resources management, nature conservation, land use and town planning, local government, pollution and heritage. The unit provides a basic understanding of environmental law to students from a broad range of disciplines. The unit will assist students in understanding the legal framework affecting all environmental practitioners and bring an understanding of the policies underlying environmental law.
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Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- An introductory understanding of environmental law and policy at an international, Australia and New South Wales level.
- An understanding of the principles and theoretical basis of environmental law.
- An overview of the subject suitable for professionals practising in the area of environmental management who are not lawyers.
- A practical understanding of the role of environmental law in the context of environmental decision-making
- Students will be able to communicate their understanding in written reports and essays and be able to make cogent arguments about environmental law in a debate
- Able to Critically analyse cases and real life development problems
- Able to analyse a factual situation and identify potential solutions
- Able to employ innovative approaches to resolve environmental problems
Assessment Tasks
| Name | Weighting | Due |
|---|---|---|
| Assignment 1 | 10% | April 8th |
| Assignment 2 | 40% | May 6th |
| Assignment 3 | 40% | June 10th |
| Class Assessment 4 | 10% | N/A |
Assignment 1
Due: April 8th
Weighting: 10%
Written component (short commentary on set readings)
Length: 1500 words
Assignment 1 is designed to ensure students develop skills to read, analyse and understand court judgments. Given the significant number of court judgments reviewed in this unit, a sound understanding of how to read, analyse and assess judgments is a fundamental skill.
Note further details and reading will be provided to enrolled students
On successful completion you will be able to:
- An understanding of the principles and theoretical basis of environmental law.
- Able to analyse a factual situation and identify potential solutions
Assignment 2
Due: May 6th
Weighting: 40%
An essay on one of a range of topics on environmental law and policy.
Length: 3000 words
Assignment 2 provides an opportunity for students to specialise and explore in depth a specific area of their choice from a number of essay questions. It is designed to develop research and analysis skills in a policy area and provide an opportunity for original thought.
It is designed to develop problem-solving skills for a development problem and to provide a choice of research topics for detailed consideration and original analysis.
Note further information on this assessment and references will be provided to enrolled students.
On successful completion you will be able to:
- An understanding of the principles and theoretical basis of environmental law.
- Able to analyse a factual situation and identify potential solutions
- Able to employ innovative approaches to resolve environmental problems
Assignment 3
Due: June 10th
Weighting: 40%
The assignment involves preparing advice on the application of environmental legislation to particular development proposal
Lenght: 3,000 words
Assignment 3 provides an opportunity to advise on a specific development problem to develop skills in working with NSW planning law including the Environmental Planning and Assessment Act and environmental planning instruments.
It is designed to develop problem-solving skills for a development problem and to provide a choice of research topics for detailed consideration and original analysis.
More information and reading will be provided to students enrolled in the course.
On successful completion you will be able to:
- An understanding of the principles and theoretical basis of environmental law.
- An overview of the subject suitable for professionals practising in the area of environmental management who are not lawyers.
- Able to Critically analyse cases and real life development problems
- Able to analyse a factual situation and identify potential solutions
- Able to employ innovative approaches to resolve environmental problems
Class Assessment 4
Due: N/A
Weighting: 10%
Participation in allocated class debate plus satisfactory class attendance (a minimum of 80% attendance)
Class Assessment provides an opportunity to develop oral presentation and argument skills for a particular policy question, while class attendance and participation is designed to demonstrate a student's active engagement in the unit.
On successful completion you will be able to:
- An understanding of the principles and theoretical basis of environmental law.
- An overview of the subject suitable for professionals practising in the area of environmental management who are not lawyers.
- A practical understanding of the role of environmental law in the context of environmental decision-making
- Students will be able to communicate their understanding in written reports and essays and be able to make cogent arguments about environmental law in a debate
Delivery and Resources
Lecturers
The principal lecturer and course developer is
Mr John Whitehouse LL.B (Syd), BA (Syd), BSc (Macq), Grad Dip Leg Pr (UTS); Partner, Minter Ellison Solicitors, Visiting Fellow of the GraduateSchool of the Environment, Macquarie University. Associate, Department of Classics and Ancient History, Sydney University.
with guest lectures from
Mr Simon Ball, LL.B. (Hons 1) (UTS), B.Eng Civil and Environmental (Hons 2) (UTS), Grad. Dip. Leg. Pr., Partner, Minter Ellison
Dr James Smith, Legal Counsel, Transport for NSW. Accredited Specialist (Local Government & Planning Law), LLB (Hons 1) (UTS), B.Sc (Hon1) (UNSW), Ph.D (UNSW).
Mr Luke Walker, B.A. (Hons) (ANU), LL.B (Hons) (ANU), Grad Dip Leg Pr (COL), Senior Associate, Minter Ellison Solicitors
Contact John Whitehouse for all class and assessment enquiries via email to jfwhitehouse@bigpond.com
CLASSES
The unit will consist of thirteen sessions each of three hours durationAttendance at each session is compulsory and constitutes part of the class assessment mark for the unit. After a couple of settling in weeks, each session will comprise initial student presentations/debates of a maximum of sixty minutes in total, followed by a short break, before returning to a mixture of lecture and class discussion. Preparation for each session is expected and will be assumed. Sessions are from 6.30 pm to 9.30 pm.
PLEASE NOTE: In order to successfully complete this unit, students must attend at least 80% of scheduled lectures.
The timetable for classes can be found on the University web site at http://www.timetables.mq.edu.au/
Required and Recommended texts and/or materials
It is recommended that students purchase the following textbook for this course:
John Whitehouse, Development and Planning Law in New South Wales, CCH Australia Ltd, North Ryde, 2012.
In addition there are a number of additional texts covering the subject matter of this course.
None of these additional texts is required to be purchased by students. Students may wish to refer to these texts for an initial overview of some topics, general principles or for additional information and references.
Care must be taken however to check primary sources (legislation and case law) referred to in the texts since all commentary is quickly dated to the extent that it relies on such sources.
Gerry Bates, Environmental Law in Australia (8th ed, Lexis Nexis Butterworths, 2013)
David Farrier and Paul Stein (eds), Environmental Law Handbook - Planning and Land Use in New South Wales (5th ed, 2011, Thomson Reuters)
Doug Fisher, Australian Environmental Law (2003)
Zada Lipman and Gerry Bates, Pollution Law in Australia (Lexis Nexis Butterworths, 2002)
Ben Boer and Graeme Wiffen, Heritage Law in Australia, Oxford University Press, South Melbourne, 2006.
Rosemary Lyster, Zada Lipman, Nicola Franklin, Graeme Wiffen and Linda Pearson, Environmental and Planning Law in New South Wales, Third Edition, Federation Press, Sydney, 2012.
Leslie A Stein, Principles of Planning Law, Oxford University Press, South Melbourne, 2008.
Students will be provided with a detailed Lecture Outline and Reading List, plus selected reading materials through ilearn.
Unit participants are required to obtain the key NSW legislative provisions covered in the unit:
- Environmental Planning and Assessment Act, 1979 as amended;
- Environmental Planning and Assessment Regulation, 2000
Copies of this legislation (including all amendments) may be downloaded from the web http://www.legislation.nsw.gov.au/
The Macquarie University Library has Law database facilities that contain Law Reports, legislation, digests of legal developments, abstracts and full-texts of articles, etc. at http://www.mq.edu.au/on_campus/library/research/research_databases/.
Choose databases by area of study e.g. Law or Environment, or general topic Multi-subject or format eg. Newspapers, Theses etc or type in the name of a specific database e.g. Lexis Nexis.
Other Resources
The details of readings for each class are provided to enrolled students through ilearn.
Comparison to 2013
In 2014, GSE801 has a similar structure and content, but is updated to take account of recent policy and legislative changes and recent judicial decisions
Technology
Internet access and computer are required to access the ilearn site, which holds additional information on readings for each session and assessments, web based documents, and law databases
Unit Schedule
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Week |
Date |
Topic |
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1 |
March 4 |
Law and the legal system |
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2 |
March 11 |
What is environmental law and policy? |
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3 |
18 |
International environmental law |
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4 |
25 |
Commonwealth environmental law |
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5 |
April 1 |
Environmental planning instruments |
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6 |
April 8 |
Development assessment process Assignment 1 due – hand to unit convenor in class |
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MID-SEMESTER BREAK 14-26 APRIL |
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7 |
April 29 |
Applying planning instruments |
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8 |
May 6 |
Environmental Impact Assessment Assignment 2 due – hand to unit convenor |
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9 |
May 13 |
Existing uses and Inquiries |
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10 |
20 |
Land management, conservation and cultural heritage law |
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11 |
27 |
Environmental protection (pollution control) legislation |
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12 |
June 3 |
Environmental protection and waste administration |
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13 |
June 10 |
Land and Environment Court Assignment 3 due – hand to unit convenor |
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
IT Help
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
Graduate Capabilities
PG - Discipline Knowledge and Skills
Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Learning outcomes
- An introductory understanding of environmental law and policy at an international, Australia and New South Wales level.
- An understanding of the principles and theoretical basis of environmental law.
Assessment tasks
- Assignment 1
- Assignment 2
- Assignment 3
- Class Assessment 4
PG - Critical, Analytical and Integrative Thinking
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Learning outcomes
- A practical understanding of the role of environmental law in the context of environmental decision-making
- Able to Critically analyse cases and real life development problems
- Able to employ innovative approaches to resolve environmental problems
Assessment tasks
- Assignment 1
- Assignment 3
- Class Assessment 4
PG - Research and Problem Solving Capability
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Learning outcomes
- An overview of the subject suitable for professionals practising in the area of environmental management who are not lawyers.
- A practical understanding of the role of environmental law in the context of environmental decision-making
- Able to Critically analyse cases and real life development problems
- Able to analyse a factual situation and identify potential solutions
- Able to employ innovative approaches to resolve environmental problems
Assessment tasks
- Assignment 2
- Assignment 3
PG - Effective Communication
Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.
This graduate capability is supported by:
Learning outcome
- Students will be able to communicate their understanding in written reports and essays and be able to make cogent arguments about environmental law in a debate
Assessment tasks
- Assignment 1
- Assignment 2
- Assignment 3
- Class Assessment 4
PG - Engaged and Responsible, Active and Ethical Citizens
Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues
This graduate capability is supported by:
Learning outcomes
- An overview of the subject suitable for professionals practising in the area of environmental management who are not lawyers.
- Students will be able to communicate their understanding in written reports and essays and be able to make cogent arguments about environmental law in a debate
- Able to analyse a factual situation and identify potential solutions
Assessment tasks
- Assignment 2
- Assignment 3
- Class Assessment 4
PG - Capable of Professional and Personal Judgment and Initiative
Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.
This graduate capability is supported by:
Learning outcomes
- An introductory understanding of environmental law and policy at an international, Australia and New South Wales level.
- An understanding of the principles and theoretical basis of environmental law.
- An overview of the subject suitable for professionals practising in the area of environmental management who are not lawyers.
- A practical understanding of the role of environmental law in the context of environmental decision-making
- Able to Critically analyse cases and real life development problems
Assessment tasks
- Assignment 1
- Assignment 3