Unit Guide

General Information

Unit convenor and teaching staff	Unit convenor and teaching staff Unit Convenor Robert Stokes robert.stokes@mq.edu.au Contact via robert.stokes@mq.edu.au
Credit points	Credit points 4
Prerequisites	Prerequisites Admission to MEnvLaw or PGDipEnvLaw or PGCertEnvLaw or MIntEnvLaw or PGDipIntEnvLaw or PGCertIntEnvLaw or MPP or PGDipPP or LLM in (Environmental Law or International Environmental Law) or 42cp in LAW units at 400 or 500 level or (admission to JD and 32cp in LAW units at 800 level)
Corequisites	Corequisites
Co-badged status	Co-badged status
Unit description	Unit description This unit examines the concept of heritage and the various mechanisms for conservation of natural and cultural, intangible and tangible, elements of heritage. Specific areas include world heritage, underwater cultural heritage, movable heritage, Indigenous conceptions of heritage, intangible heritage and cultural expression. Legal regimes for heritage conservation at international, national, state and local levels are examined and case studies are used to illustrate the policy tensions inherent in environmental decision making in this area. International initiatives to address issues in heritage conservation are examined and the challenges to effective implementation in developed and developing countries assessed.

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:

Demonstrate a thorough understanding of the philosophical and contextual frameworks which shape definitions of heritage
Display a sound knowledge of the scope of natural and cultural heritage, including intangible, tangible (moveable and immoveable), Indigenous and underwater heritage
Display a thorough knowledge of existing global laws to conserve heritage and the challenges involved in effectively implementing them
Demonstrate an enquiring, critical and creative approach to established heritage law and policy
Make recommendations for law reform and/or further research needed to address issues in international; national; and local heritage conservation taking into account the perspectives of various actors
Make a sound assessment of heritage conservation under the Australian legal system at Federal, State and local government levels and in particular the policy rationales which underpin domestic/national legal responses to heritage

Assessment Tasks

Name	Weighting	Due
Assessment One	10%	On campus session
Assessment Two	30%	28th April 2014
Assessment Three	60%	9th June 2014

Assessment One

Due: On campus session
Weighting: 10%

Class participation will be assessed on the basis of involvement in the on campus sessions. Students should ensure they have completed the required reading for each session before the on campus sessions commence, and be prepared to discuss this material in each session. Specific questions are set out in the Course Schedule and Reading List and should be prepared in advance. But students should be prepared to participate in further discussion and analysis beyond the set questions. Students will not be awarded participation marks just for attending class. The following non-exhaustive list of criteria will be used to assess your class participation:

· The level of preparedness for each on campus session assessed by your responses to questions and answers and opinions offered throughout class

· The level of analysis you display in class

· Your ability to answer questions put directly to you in class

· Your ability to make an educated and legally feasible arguments in class

· The way in which you engage in a constructive way with other students and the Convenor in the class

· The quality NOT quantity of your work in class

Please note that the onus to participate in class is on you not on the Convenor. In other words, it is not the job of the Convener to engage you in discussion so that you may avail yourself of the class participation assessment.

On successful completion you will be able to:

Display a sound knowledge of the scope of natural and cultural heritage, including intangible, tangible (moveable and immoveable), Indigenous and underwater heritage
Display a thorough knowledge of existing global laws to conserve heritage and the challenges involved in effectively implementing them
Demonstrate an enquiring, critical and creative approach to established heritage law and policy
Make recommendations for law reform and/or further research needed to address issues in international; national; and local heritage conservation taking into account the perspectives of various actors

Assessment Two

Due: 28th April 2014
Weighting: 30%

“Adopting a standard definition of cultural heritage would facilitate a uniform understanding of the nature of its subject matter and the development of a coherent international legal framework for its protection”.

Critically assess this comment with reference to the different definitions in 2 treaties or other international instruments. Consider the problems associated with the diverse range of current definitions, advantages and disadvantages of a standard definition and proposals for the future. Students should utilise the course readings and additional references as set out on the Course Schedule and Reading List but some further research should also be undertaken.

The paper should be well structured including sub-headings where appropriate. The introduction should set out the scope of the paper. Be sure to answer the question asked. The essay should be fully referenced according to the Australian Guide to Legal Citation. [Maximum Word Length 3,000 words.]

On successful completion you will be able to:

Demonstrate a thorough understanding of the philosophical and contextual frameworks which shape definitions of heritage
Display a sound knowledge of the scope of natural and cultural heritage, including intangible, tangible (moveable and immoveable), Indigenous and underwater heritage
Display a thorough knowledge of existing global laws to conserve heritage and the challenges involved in effectively implementing them
Demonstrate an enquiring, critical and creative approach to established heritage law and policy
Make a sound assessment of heritage conservation under the Australian legal system at Federal, State and local government levels and in particular the policy rationales which underpin domestic/national legal responses to heritage

Assessment Three

Due: 9th June 2014
Weighting: 60%

Students are to complete an independent research paper on a topic of their choice related to this Unit. This task allows students to undertake in depth research and analysis of a specific aspect of heritage law, the legal frameworks in a given country or the legal issues associated with a particular site. A brief outline of the research question and structure of the paper should be submitted to the Convenor for approval by 5 May 2014. This is for your benefit to ensure that the topic is suitable and the structure and content appropriate.

The paper should be well structured including sub-headings where appropriate. The introduction should set out the scope of the paper. You need to include sufficient detail of the specific legal principles or regime and analysis/application of that law. Your conclusion should include recommendations for new law, law reform, further research and/or creative application of the existing law where appropriate. The essay should be fully referenced according to the Australian Guide to Legal Citation. [Maximum Word Length 6,000 words.]

On successful completion you will be able to:

Demonstrate an enquiring, critical and creative approach to established heritage law and policy
Make recommendations for law reform and/or further research needed to address issues in international; national; and local heritage conservation taking into account the perspectives of various actors
Make a sound assessment of heritage conservation under the Australian legal system at Federal, State and local government levels and in particular the policy rationales which underpin domestic/national legal responses to heritage

Delivery and Resources

You will find all resources and required reading list in the online unit available at ilearn.mq.edu.au.

Unit Schedule

ON CAMPUS SESSION DATES: 15^th – 17^th April 2014 INCLUSIVE.

All students participating in the on-campus session must sign in between 8:30-8:50am with the Centre for Open Education (COE) in Building X5B first thing on 15^th April 2013 and ALL students should check with COE for the room location for the on-campus session. Attendance and participation at these sessions is compulsory.

Tuesday 15^th April 2014

9.00-10.00 Introduction, consideration of the meaning of heritage

10.00-11.00 Concepts and approaches to heritage law and policy

11.00-11.30 MORNING COFFEE

11.30-12.30 International Heritage Law Framework

12.30 - 1.30 LUNCH

1.30 - 2.30 The World Heritage Convention

2.30 - 3.30 Safeguarding Intangible Cultural Heritage

3.30 – 4.00 AFTERNOON TEA

4.00 – 5.00 Moveable Cultural Heritage

Wednesday 16^th April 2014

9.00 - 10.30 Australian Commonwealth Heritage Law

10.30 -11.00 MORNING COFFEE

11.00 -12.30 Australian State and Local Heritage Law

12.30 - 1.30 LUNCH

1.30 - 3.00 Underwater Cultural Heritage

3.00 –3.30 AFTERNOON TEA

3.30 - 5.00 Indigenous People, Culture and Heritage

Thursday 17^th April 2014

10.00-11.00 Cross Cutting Issues: Climate Change

11.00 -12.00 Cross Cutting Issues: Heritage Tourism

12.00-1.00 Cross Cutting Issues: Heritage, Populism and Participation

1.00 - 2.00 LUNCH

2.00 - 4.00 Discussion of Research Paper Topics, Structure and Style

Saturday 26^th April – OPTIONAL FIELD TRIP TO CURRAWONG, PITTWATER

Students must notify the Convenor by 17th April whether or not they wish to take part in the Field Trip. Provided there are sufficient numbers, students will visit Currawong Workers Camp on Pittwater and the adjacent Ku-ring-gai Chase National Park.

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.