Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Paul Govind
Contact via paul.govind@mq.edu.au
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
Admission to MIntEnvLaw or MEnvLaw or PGDipEnvLaw or PGCertEnvLaw or MEnvMgt or PGCertEnvMgt or MPP or PGDipPP or MWldMgt or PGDipWldMgt or LLM 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
This unit examines the practical operation of environmental regulation at the local level and contemporary issues in planning law. It examines local councils as significant bodies, usually overlooked as mechanisms of government regulation, and in particular the environmental responsibilities of local government. It provides an understanding of the workings of land -use regulation, in particular under the Environmental Planning and Assessment Act 1979 (NSW), and the underlying environmental, social, cultural and economic objectives of the key statutes. A critical analysis is undertaken of the effectiveness of the current regulatory regime including reform proposals and options.
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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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Class Participation | 10% | Every week (alternatively OCS) |
Reflective paper | 10% | 31/03/2014 |
Research Essay | 30% | 17/04/2014 or 24/04/2014 |
Research Assignment | 50% | 16/06/2014 |
Due: Every week (alternatively OCS)
Weighting: 10%
Class participation will be assessed in weekly tutorials for internal students and during the On Campus Session (OCS) for external students. Students should ensure they have completed the required reading before tutorials or the OCS. The dates from the OCS can be found on the timetable.
Students must be prepared to discuss this material during the OCS.
Readings and tutorial questions will be supplied in a separate document posted on the iLearn webpage.
Participation will involve: exploring, analysing and applying the principal issues covered in the unit, answering questions put directly to you, engaging in formal and informal debates, group work, and constructing and presenting legal arguments.
Class participation will be assessed on:
✓ Demonstration of knowledge of the readings.
✓ Level of critical analysis displayed
✓ Relevant original contributions
✓ Ability to engage constructively with other students and the Tutor
✓ Your ability to make an educated and legally feasible arguments in class
Note that no marks are awarded just for attending class, and that assessment is based on the quality, not quantity, of your work in class. Students should also note that the onus to participate in class is on you, not on the Convener. 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.
A feedback form will be provided at roughly half way through the semester so that students can assess their progress.
Due: 31/03/2014
Weighting: 10%
This is a relatively short, reflective paper that is aimed specifically at post graduates with the intention of introducing students to different ways of evaluating the effectivness of environmental law.
Students are to select a topical planning or development issue from the media and dicuss the environmental implications including their understanding of how law might regulate such issues.
The paper is not intended to be research intensive and as such is much more conceptual in focus. The key is identifying what the potential legal issue has arisen from the planning/development issue, the environmental dimension, how and why law is triggered and the potential outcome.
Maximum word length is 1,000 words.
Due: 17/04/2014 or 24/04/2014
Weighting: 30%
All students are required to answer a set essay question in 2,500 - 3,000 words based primarily (but NOT exclusively) on the unit readings for weeks 1 to 6 and additional references as set out on the Course Schedule and Reading List. Further research should also be undertaken.
The question(s) will be released in due course.
Your answer should:
✓ Critically assess the statement, and discuss the extent to which you agree or disagree with the statement
✓ Consider the relative strengths and weaknesses of the statement
✓ Consider principles/instruments that underpin planning and environmental law
✓ Answers must consider legislation and case law where appropriate and relevant
✓ Consider the question in the context of relevant proposals for law reform
Students should utilise the course readings and additional references but some further research should also be undertaken. The assignment must be typed. 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 assignment is due April 17 (Internal students) or April 28 (External students)
Due: 16/06/2014
Weighting: 50%
Postgraduate 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 planning law, the legal frameworks in a given country or the legal issues associated with a particular site. Further students are to give consideration to relevant theoretical frameworks and methodology. A brief outline of the research question and structure of the paper should be submitted to the Convenor for approval by Friday, Week 8.
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 3rd Edition. Word Length: 3,000 - 3,500 words.
The unit will be taught as both an External unit and as an Internal unit. Attendance at the On Campus Session (OCS) is compulsory. If you cannot attend the OCS then you are advised to not enrol in the course. If you refer to the assessment section you will see that class participation is assessed during the OCS.
Changes from 2013
Environment and planning law remains in a state of flux in the early stages of 2014. At the time of writing a process initiated by the incumbent NSW government in 2011 has yet to result in the full-scale legislative changes to the current regime under theEnvironmental Planning and Assessment Act 1979 (NSW), that were outlined. It is widely believed that the new legislation will come into operation at some point in 2014.
These potential legislative changes will inevitably affect the manner in that the unit is taught and the content of the materials. The prescribed text will be the same as in 2013 and I will supply additional readings that specify the changes and when/if appropriate the official new legislative provisions. The draft legislation released in 2013 suggested that large swathes of the current EPA Act will be replicated – therefore the text book is an essential requirement - however key changes are also foreshadowed.
The upcoming period will be exciting but challenging as planning law enters a transition. Students must be made aware of this from the outset and should make their decision in accordingly.
The course will move away from the exclusive focus on planning law doctrine and devote more space to theoretical dimensions of planning as a discipline. The modules focusing on the Local Government Act 1993 (NSW) will be moved to earlier in the curriculum. This is to encourage a greater understanding of context before tackling the planning legislation (which remains the primary focus of the course) and allowing more time for material to be collected and collated in the event of legislative change to complement the prescribed text.
Workload
Based upon University Senate Guidelines there should be 3 hours study per credit point per week. However, this is a guide only and each student should assess the hours required based on his/her own specific needs. Note that students are expected to work on private study, assignments completion, etc, in the two-week mid-semester break.
Delivery
This unit heavily utilizes iLearn for all communication purposes. Announcements, lecture recordings, assessments etc. all operate upon the iLearn platform.
It is therefore vital that students familiarize themselves with the iLearn platform and its operations if they haven’t done so previously.
Students should regularly check the unit web page on iLearn to keep up with information for students entered by the Unit Convenor. There may be information placed on the web page at short notice concerning attendance, cancelled or postponed classes and relevant assessment items and dates. Attending on the right dates is your responsibility and mistakes with attendance may result in your failing of the unit.
Further, iLearn is utilised for the purposes of dicussion forums both teacher led and those that are exclusively for the use of students. It is highly recommended that students keep up to date with forum discussion as it features topical news items relevant to the course etc.
Resources -
Lyster, R., Lipman, Z., Franklin, N., Wiffen., G and Pearson, L Environmental and Planning Law in NSW (3rd Edition, The Federation Press, 2012)
Some weeks will feature additional or alternative readings. A supplementary reading guide will be provided prior to commencement of the course. These readings are available on E-Reserve which is accessible through the library website via http://www.lib.mq.edu.au/. These readings must be completed in advance of classes.
NB: A weekly lecture guide and tutorial questions will be supplied in a separate document posted on the iLearn website.
Module 1
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Introduction to Unit The relationship between planning and environmental law, the role of local government, factors that influence views and perceptions, importance of legislation, relevance of a tiered government system and identification of key concepts and values, introduction to key legislation including the Environmental Planning and Assessment Act and Local Government Act and others. |
Module 2
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Local Government Overview - Role in Planning and Development Law Powers, Functions and Environmental Responsibilities; history; broadening and narrowing the sphere of influence; relationship with state government - Overview of Local Government Act
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Module 3 |
Land Use Planning – Theoretical Background Planning as a discipline; history of planning; different planning theoretical frameworks; definitions and rationale; current operation of Planning Law; strategic planning; relationship between environment planning and development; key decision makers; underlying tensions and conflicts
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Module 4
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Planning Through the Environmental Prism Relationship between land development and environmental protection; introduction to Ecologically Sustainable Development; overview of sustainability across NSW and Commonwealth law and policy; Environmental Planning and Assessment Act 1979 (NSW) - Overview,; history; aims and objectives
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Module 5 |
Environmental Planning Instruments SEPPs; LEPs; legal authority to create and manage plans; operation of zones; relationship to development applications and approval; adherence to best practice planning principles
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Module 6
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Development Control and Approval Process - NSW Overview of different types of development; criteria; relationship between development zoning and planning; legal obligations attached to certain development categories; Environmental Impact Assessment
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Module 7 |
Major Projects and the Approval Process - NSW State Significant Development; State Significant Infrastructure |
Module 8
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Environmental Assessment and Approval Process - Federal Relationship between State and Commonwealth; Overview of assessment and approval process under the EPBC Act 1999 (Cth)
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Module 9
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Land and Environment Court History of Land and Environment Court; Participation, Appeals, Reviews; Merits and Judicial Review; Enforcement specific local government focus? Role of Commissioners; alternate dispute resolution methods; public participation; public interest litigation
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Module 10
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Changes to Planning Law in NSW [please note this module might be moved to earlier in the schedule depending on legislative changes]
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Module 11
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Intersection between Planning Law and other Environmental Legal Regimes SRLUP and CSG; Heritage Law; the future of Planning Law |
Module 12 |
Emerging Environmental Challenges to Local Government Global environment issues, climate change, water management and biodiversity; prospect of increased liability; context of proposed changes to NSW Planning Laws and devolution of responsibility
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Module 13 |
Revision of unit
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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/
Attendance Policy
Internal students are required to attend the weekly tutorials – at least 80%. Students with more than three unexplained absences will get a zero mark for class participation, irrespective of marks gained in other assessment items, will be awarded a ‘Fail’ grade. If a student is unable to attend any tutorial, he or she should consult the Special Consideration Policy noted below and, within a reasonable time, provide a written explanation of the reason(s) for the absence together with any appropriate corroborating evidence, e.g. medical certificate. The written explanation must be personally signed by the student and forwarded to the convenor.
External students must attend each day of the On Campus Session.
Assessment Policy
Students must comply with the due date. In the absence of a successful application for special consideration, any assessment task submitted after its published deadline will not be graded and receive a mark of zero.
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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