Students

LAW 560 – Environmental Law

2015 – S1 External

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Lecturer and tutor
Alexander Zahar
alexander.zahar@mq.edu.au
Contact via Email
W3A 441
Any time by prior appointment
Credit points Credit points
3
Prerequisites Prerequisites
(6cp in LAW or LAWS units at 300 level) or (39cp including ENV267)
Corequisites Corequisites
(39cp (including ENV300 or ENVE362 or ENVG340 or LAW490)) or admission to LLB or BAppFinLLB or BALLB or BA-MediaLLB or BA-PsychLLB or BBALLB or BComLLB or BCom-ProfAccgLLB or BEnvLLB or BITLLB or BIntStudLLB or BPsych(Hons)LLB or BScLLB or BSocScLLB
Co-badged status Co-badged status
LAW855
Unit description Unit description
Environmental law has evolved as a huge and rapidly developing field, inextricably tied to ethical, scientific, political and policy developments. The unit provides an introduction to environmental policy, philosophy and the legal system with a focus on the evolution of modern approaches to sustainable development. It explores key issues, concepts and principles involved in developing legal frameworks supporting sustainable development. The history, interdisciplinary context and legal techniques and processes will be the main focus.

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 knowledge of key ethical and interdisciplinary perspectives on the environment, and be able to use them in critical analysis of environmental issues.
  • Display a sound knowledge of the history of environmental law and regulation in Australia, including the emergence of sustainable development as a key principle.
  • Be knowledgeable about the different styles of legal regulation and the regulatory tools available, and be able to analyse their strengths and weaknesses in different contexts.
  • Demonstrate an understanding of how environmental law is related to other laws in Australia and at the international level.
  • Be familiar with the most important cases and statutes in Australian environmental law (including a critical grasp of their content and significance).
  • Have a sound understanding of the major challenges facing environmental law.
  • Be able to make sound recommendations for law reform, further research, or the creative application of existing law, to address environmental issues.

Assessment Tasks

Name Weighting Due
Short introductory essay 20% Monday 16 March
Class participation 30% Throughout
Research paper 50% Thursday 4 June

Short introductory essay

Due: Monday 16 March
Weighting: 20%

A short, early assessment, essay on a general aspect of environmental law. Topics and instructions will be posted on iLearn in Week 2 or earlier. It is meant as a reflective "ideas essay", rather than a research essay, but some reading and referencing will be required. Length: 1,200 words. To be submitted through Turnitin. Deadline: 23:55 on March 16th.
On successful completion you will be able to:
  • Demonstrate knowledge of key ethical and interdisciplinary perspectives on the environment, and be able to use them in critical analysis of environmental issues.
  • Have a sound understanding of the major challenges facing environmental law.

Class participation

Due: Throughout
Weighting: 30%

Students are expected to discuss relevant materials in class and answer tutorial questions and problems. You are also expected to engage with other students and the convenor/tutor in an appropriate manner that involves analysis of the assigned material and informed responses to questions posed in class. Students will not be awarded the class participation mark simply for attending the tutorial sessions. For external students, the same principles apply in relation to the On-Campus Session.
On successful completion you will be able to:
  • Display a sound knowledge of the history of environmental law and regulation in Australia, including the emergence of sustainable development as a key principle.
  • Be knowledgeable about the different styles of legal regulation and the regulatory tools available, and be able to analyse their strengths and weaknesses in different contexts.
  • Demonstrate an understanding of how environmental law is related to other laws in Australia and at the international level.
  • Have a sound understanding of the major challenges facing environmental law.

Research paper

Due: Thursday 4 June
Weighting: 50%

Topics and instructions will be posted early in the semester. You can also submit your own essay topic for the convenor's approval. This is intended as a thought-provoking exercise to stimulate you to explore in depth a topic of genuine interest to you. Each student is required to EMAIL the convenor a one-page outline of his or her chosen research topic, method, and indicative sources for approval by Thursday 31 March. Research paper length: 3,800 words. To be submitted through Turnitin. Deadline: 23:55 on June 4th.
On successful completion you will be able to:
  • Display a sound knowledge of the history of environmental law and regulation in Australia, including the emergence of sustainable development as a key principle.
  • Be knowledgeable about the different styles of legal regulation and the regulatory tools available, and be able to analyse their strengths and weaknesses in different contexts.
  • Demonstrate an understanding of how environmental law is related to other laws in Australia and at the international level.
  • Be familiar with the most important cases and statutes in Australian environmental law (including a critical grasp of their content and significance).
  • Be able to make sound recommendations for law reform, further research, or the creative application of existing law, to address environmental issues.

Delivery and Resources

The textbook for the unit is Gerry Bates, Environmental Law in Australia, 8th edition, 2013.

Tutorial questions and other information about the unit will be communicated through iLearn.

Unit Schedule

Week 1: Introduction to unit. History and context of environmental law. Required reading: Chapters 1 and 2.

Note: There will be no tutorial this week.

Week 2: Environmental legislation. Required reading: Chapter 6.

Note: Tutorials for internal students start in Week 2. Tutorial questions will be posted on iLearn a few days in advance.

Week 3: International environmental law. Required reading: Chapter 4.

Week 4: Sustainable development. Required reading: Chapter 7.

Week 5: Commonwealth environmental law. Required reading: Chapter 5.

Week 6: Biodiversity protection, Part I. Required reading: Chapters 11 and 12.

*

Semester break.

On-Campus Session, 15-16 April.

A program for the OCS will be posted on iLearn prior to the semester break.

*

Week 7: Biodiversity protection, Part II. Required reading: Chapter 13.

Week 8: Pollution and waste. Required reading: Chapter 15.

Week 9: Mining law. Required reading: Chapter 14.

Week 10: Climate change. Required reading: Chapter 16.

Week 11: Environmental crime. Required reading: Chapters 18 and 19.

Week 12: Limitations of environmental law. Required reading: Chapter 20.

Week 13: There will be no lecture or tutorial in this week. Use this week to put the final touches to your research paper.

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/

Results

Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.

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.