Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Andrew Burke
Contact via andrew.burke@mq.edu.au
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
Admission to MEnvLaw or PGDipEnvLaw or PGCertEnvLaw or MIntEnvLaw or PGDipIntEnvLaw or PGCertIntEnvLaw or MIntRel or MWldMgt or PGDipWldMgt or LLM in Environmental Law or MSocEntre or PGCertSocEntre or 42cp in LAW units at 400 or 500 level or (admission to JD and 32cp in LAW units at 800 level)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
The unit provides an introduction to environmental policy, philosophy, and the legal system. Environmental law has evolved into a large and rapidly developing field. International standards and laws are often absorbed into Australian environmental law with surprising speed. Students can approach this subject as an essential dimension of international law, constitutional law, common law, administrative law, or property law. Human rights and the deepening divide between North and South in our globalised world are also enduring issues. Environmental law can also be approached 'defensively' as a reaction to exploitative growth and ecologically destructive projects. Much of the early environmental law had this focus. The unit also highlights the importance of interdisciplinary approaches to law and the need to incorporate legal frameworks into wider and practical strategies for ecological sustainability.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Name | Weighting | Due |
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Short think-piece | 20% | Wednesday 26 March |
Class participation | 20% | Each week and at the OCS |
Research Essay | 60% | Thursday 12 June |
Due: Wednesday 26 March
Weighting: 20%
A short early-assessment essay on a philosophical, moral, or historical topic related to environmental law. Topics will be posted on iLearn in Week 2. This is meant as a reflective “ideas essay” (a student’s own ideas!), rather than a research essay, but some reading and referencing will be required. Length: 1,500 words. Both this assignment and the research report are to be submitted through Turnitin.
Due: Each week and at the OCS
Weighting: 20%
Students are expected to discuss relevant materials in class and answer lecture and tutorial questions and problems. They are also expected to engage with other students and the convenor in an appropriate way that involves analysis of the assigned material; and to attempt informed responses to occasional questions posed by the convenor or other students in class. Students will not be awarded the class participation mark simply for attending class. Please be aware that tutorial attendance is compulsory and that a roll will be taken each week.
Due: Thursday 12 June
Weighting: 60%
A research essay linked to unit outcomes and approved by the convenor. Length: 4,200 words. Detailed instructions on the range of topics and on formatting and stylistic requirements will be posted early in the course. You might also propose your own topic for the convenor’s approval. This is intended to be a thought-provoking exercise to stimulate students to explore in depth a topic of genuine interest to them.
Each student is required to submit a one-page outline of his or her chosen research topic, methods, and indicative sources, to the convenor for approval by Monday 14 April. More information on the format of the one-page outline will be posted early in the semester.
Every student must acquire a copy of the textbook, which will be used throughout the semester: G.Bates, Environmental Law in Australia, 8th ed., LexisNexis Butterworths, 2013.
Both assignments are to be submitted through Turnitin. You will find the Turnitin link for each assignment in the iLearn folder for the assignment.
Tutorial attendance is compulsory. Internal students must attend at least 9 of the 11 tutorials, or you will fail the unit. Students taking this unit externally must attend the two-day on-campus session on 12-13 April, or you will fail the unit.
Week 1
Introduction to unit
Structure and scope of environmental law
Required reading: Text Chapters 1 & 2.
Note: No tutorial in Week 1.
Week 2
Can legislation save the world?
Required reading: Text Chapter 6.
Note: Tutorials for internal students start this week. Tutorial questions will be posted to iLearn a few days in advance.
Week 3
International Environmental Law
Required reading: Text Chapter 4, and M. Soroos, "Global institutions and the environment" (posted on iLearn).
Week 4
Ecologically Sustainable Development
Required reading: Text Chapter 7.
Week 5
Commonwealth environmental law
Required reading: Text Chapter 5.
Week 6
Biodiversity protection, on & off-park
Required reading: Text Chapters 11, 12 & 13.
Two-week break and On-Campus Session
Week 7
Pollution & waste
Required reading: Text Chapter 15.
Week 8
Mining law: Coal Seam Gas case study
Required reading: Text Chapter 14.
Week 9
Climate Change
Required reading: Text Chapter 16, and A.Zahar, "The climate change regime" (posted on iLearn).
Week 10
Indigenous People and Environmental Law
Required reading: EDO, "Caring for Country; A Guide to Environmental Law for Aboriginal Communities in NSW"; P.Levin, "Toward Decolonizing Conservation", SNAP Magazine, and Prof M.Langton, "Lecture 4: The conceit of wilderness ideology", 2012 Radio National Boyer Lectures. All posted to iLearn.
Week 11
Environmental Crime
Required reading: Text Chapters 18 & 19, and R.Bartel, "Compliance and complicity: an assessment of the success of land clearance legislation in New South Wales" (2003) 20 Environmental Plannning and Law Journal 116 (posted to iLearn).
Week 12
Limitations of Environmental Law
Required reading: Text Chapter 20; Hon. Justice B.Preston, "Adapting to the impacts of climate change: The limits and opportunities of law", and O.Houck, "Retaking the Exam: How Environmental Law Failed New Orleans and the Gulf Coast South and How it Might Yet Succeed" (2006-07) 81 Tulane Law Review 1059. All posted to iLearn.
Week 13
Bulga-Milbrodale Progress Association Inc. v Minister for Planning and Infrastructure and Warkworth Mining Ltd - A complex and topical case study reflecting the themes of the course
Required reading: The Global Mail Special Feature "The Town that Wouldn't Disappear". Posted to iLearn.
Note: No tutorial in Week 13.
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.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
In the absence of a successful application for special consideration, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero.
Word limits will be strictly applied and work above the word limit will not be marked. Footnotes are only to be used for referencing. Substantive material in footnotes will not be marked.
All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
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.
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