Unit convenor and teaching staff |
Unit convenor and teaching staff
Lecturer
Ian Sinclair
Contact via Email
Not on campus
By appointment
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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 MPPP 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) or GradDipEnv or GradDipSusDev or GradCertSusDev or GradCertEnvPlan or MConsBiol or GradDipConsBiol or GradDipIntRel
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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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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:
Hard copies of assignments are to be handed to the Unit Convenor in class on the due date and submitted electronically to Turnitin prior to in-class submission. You should contact the convenor in advance if you are unable to submit any written assignment in class on the due date.
PLEASE NOTE: In order to successfully complete this unitt students must:
There is no formal examination for this unit.
Unit assessment will consist of four elements: a written case commentary (10%) a written assignment (40%), an essay (40%), and class assessment (10%). Assignments two and three are designed to develop problem-solving skills for a development problem and to provide a choice of research topics for detailed consideration and original analysis. An especially poor performance in one of the assessment components would normally preclude the award of a higher grade.
Assignments should use the Harvard Referencing style.
Late submission of assessment elements will incur penalties unless supported by an approved Disruption to Studies request. Assignments that are overdue will attract marking penalties of 5 marks per day - eg if you receive a 70 you will have 5 marks deducted to 65 if it is a day late. Suspected breaches of academic honesty will be referred to the faculty discipline committee
Feedback on student assignments will be provided through written comments on assignments. It is anticipated feedback will be provided 3 weeks after an assignment's due date
Name | Weighting | Due |
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Assignment 1 | 10% | 30 August |
Assignment 2 | 40% | 4 October |
Assignment 3 | 40% | 8 November |
Class Assessment 4 | 10% | Ongoing |
Due: 30 August
Weighting: 10%
Short written 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
Due: 4 October
Weighting: 40%
An essay on one of a range of topics on environmental law and policy.
Length: 2000 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.
Note further information on this assessment and references will be provided to enrolled students.
Due: 8 November
Weighting: 40%
The assignment involves preparing advice on the application of environmental legislation to particular development proposal
Length: 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.
More information and reading will be provided to students enrolled in the course.
Due: Ongoing
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.
The principal lecturer and course developer is
Mr Ian Sinclair, BTP (UNSW), FPIA; Principal Consultant, Edge Land Planning.
CLASSES
The unit will consist of thirteen sessions each of three hours duration. Attendance 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 6.00 pm to 9.00 pm.
The unit, although about the law, is not designed as a course for lawyers, but is one designed to provide a basic understanding of environmental law to students from a broad range of disciplines. Today the law impinges significantly on environmental management, and the course will assist students in understanding the legal framework affecting all environmental practitioners, irrespective of their core discipline.
The unit additionally seeks to bring an understanding of the policies underlying environmental law.
Given the broad range of topics covered in the unit, the coverage will of necessity be introductory. Relevent sections of specific Acts and Regulations will be outlined with associated case law.
It is recommended that students purchase the following textbook for this course:
Peter Williams (ed) (2016) The Environmental Law Handbook – Planning and Land Use in NSW, Sixth Edition, Thompson Reuters, Sydney.
The Unit Outline on ilearn contains a comprehensive reading list of articles, cases and book extracts.
Unit participants are required to obtain the key NSW legislative provisions covered in the unit:
Copies of this legislation (included all amendments) may be downloaded from the internet (http://www.legislation.nsw.gov.au).
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. Many of these texts are now out of date in view of recent legislative changes. 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.
These additional texts are as follows:
Cameron Moore, (2016) Natural Resources Law, Thompson Reuters, Sydney
Douglas Fisher, (2014) Australian Environmental Law - Norms, Principles and Rules, Thompson Reuters, Sydny
Australian & Australian-related Journals
Environmental and Planning Law Journal, Thomson Reuters Lawbook Company
Local Government Law Journal, Thomson Reuters Lawbook Company
National Environmental Law Review (formerly Environmental Law News), National Environmental Law Association (NELA)
Australasian Journal of Natural Resources Law & Policy, Centre for Natural Resources Law and Policy, Faculty of Law, University of Wollongong
The following legal services comprise loose leaf up to date versions of the relevant statutory provisions together with commentaries and annotations on the particular provisions:
Planning and Development Service, New South Wales, Lawbook Co, 4 Loose Leaf Volumes (Annotated)
Local Government Planning and Environment Service New South Wales, 4 Loose Leaf Volumes, Lexis Nexis
Land and Environment Court Law and Practice, Law Book Co.
The following New South Wales legislation and regulations (as amended) will be especially important for the course and each student should obtain a copy (as indicated under "Textbooks" above):
Environmental Planning and Assessment Act, 1979
Environmental Planning and Assessment Regulation, 2000
The following are the series of authorised law reports, which will be referred to during this course.
Local Government Reports of Australia (LGRA) Volumes 1 - 77 (Land and Environment Court Judges)
Local Government and Environment Reports of Australia (LGERA) Volume 78 onwards (continuing on from the LGRA)
Australian Planning Appeal Decisions (APA) Volumes 1 - 41 (Land and Environment Court Assessors), discontinued from 1992
The Library has Law database facilities that contain Law Reports, legislation, digests of legal developments, abstracts and full-texts of articles, etc. at
http://www.lib.mq.edu.au/databases/. Choose database by area of study e.g. law, or by the name of specific database e.g. Lexis, or general topic.
NSW legislation (including Acts, Regulations and Environmental Planning instruments) are available off the NSW legislation website. http://www.legislation.nsw.gov.au/
All NSW Court decisions including Land and Environment Court decisions are available on the NSW Caselaw website. http://www.caselaw.nsw.gov.au.
Other legislation and court judgments are available on the Austlii website at: http://www.austlii.edu.au.
A very important web based legal research tool is the LawCite site at http://www.lawcite.org/. LawCite provides details of where a case has been cited in subsequent cases and hence assists in considering whether a case has been followed, overturned or modified by subsequent decisions.
Note that earlier court judgments may not be on the Web, but are found in the printed authorised law reports.
The Law Cite website (http://www.lawcite.org/) provides an invaluable research tool, particularly for locating cases and finding where a case has been considered in other cases.
NSW Government Gazettals, the current status of legislative Bills, and links to parliamentary law-making elsewhere in Australia and overseas are available at: http://www.pco.nsw.gov.au/.
Other useful sites are:
http://www.nsw.gov.au (The NSW Government website)
http://www.planning.nsw.gov.au (Department of Planning and Environment website)
http://www.environment.nsw.gov.au (NSW Office of Environment and Heritage website)
http://www.epa.nsw.gov.au/ (NSW Environment Protection Authority website)
http://www.water.nsw.gov.au NSW Office of Water website)
http://www.australia.gov.au/KSP/ (Commonwealth Government website)
http://www.aph.gov.au/library/intguide/law/austlaw.htm (Australian Parliamentary Library law internet resources)
http://www.environment.gov.au/ (Commonwealth Department of Environment website)
http://www.dfat.gov.au/ (Department of Foreign Affairs and Trade website)
http://www.eisil.org/index/ (International environmental law)
http://www.edo.org.au/ (Environment Defender’s Office)
http://www.ecolex.org/ (Gateway to international environmental law resources)
During the unit, a sample of environmental planning instruments will be examined. Copies of these documents will be provided as required or references to websites.
Many environmental planning instruments are on the NSW legislation website (http://www.legislation.nsw.gov.au/) or the Austlii website, (http://www.austlii.edu.au/au/legis/nsw/consol_reg/).
Web-based Resources:
The Library provides access to Law databases that contain Law Reports, legislation, digests of legal developments, abstracts and full-texts of articles, etc. You can find these through Multisearch http://multisearch.mq.edu.au/primo_library/libweb/action/search.do;jsessionid=E2E61E0D527AAEFAD64C0422995B1695?mode=Basic&vid=MQ&tab=databases&.
Choose your area of study from the drop-down menu e.g. Law or Environment, or general topic Multi-subject or format eg. Newspapers, Theses etc or search for the name of a specific database e.g. LexisNexis.
If you need physical or electronic items not held at Macquarie, you can request them from
another library through an Interlibrary Loan: http://www.mq.edu.au/on_campus/library/borrowing/borrowing_from_other_libraries/
The Library provides support for library research skills. You can find these:
1. Online in the Subject Guides http://libguides.mq.edu.au/home Note particularly the guides for: Law, Environmental Science, Environmental Law, and Bibliographic Software (EndNote for Law http://libguides.mq.edu.au/content.php?pid=114111&sid=1012048
See also the Library Guide for Environmental Law at http://libguides.mq.edu.au/law-environmental.
2. For training for individuals or groups please contact the Research Librarian in your subject area:
http://www.mq.edu.au/on_campus/library/research/research_librarians/
Law Research Librarians: Catie Croaker: (catie.croaker@mq.edu.au) or Melinda Stewart (Melinda.stewart@mq.edu.au).
3. For more information, the ideal is - Contact the Research Librarians - Use the Ask A Librarian service http://www.libanswers.mq.edu.au/
The details of readings for each class are provided to enrolled students through ilearn.
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
The unit will consist of thirteen sessions each of three hours duration. Attendance 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 by at least reading the Essential Readings is expected and will be assumed. Sessions are on Tuesdays from 6.00 pm to 9.00pm in Building C5C, Room 236.
PLEASE NOTE: In order to successfully complete this unit, students must attend at least 80% of scheduled lectures.
The unit schedule will be posted on the iLearn site.
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
New Assessment Policy in effect from Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy_2016.html. For more information visit http://students.mq.edu.au/events/2016/07/19/new_assessment_policy_in_place_from_session_2/
Assessment Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.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/
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.
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://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
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:
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:
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:
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:
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:
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: