Students

LAW 855 – Environmental Law and Sustainable Development

2018 – S1 Day

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor
Jeff Smith
Contact via Email
Arrange via email
Jeffrey Smith
Credit points Credit points
4
Prerequisites Prerequisites
Admission to MEnvLaw or MIntEnvLaw or MIntRel or MWldMgt or LLM or MSocEntre or MIntLawGovPP or GradDipIntRel or MPlan or MPPP or GradDipPP or MConsBio or MIntBusMIntRel or MSusDev or GradDipSusDev or MMarScMgt or GradCertSocEntre or 42cp in LAW or LAWS units at 400 or 500 level or (admission to JD and 32cp in LAW or LAWS units at 800 level)
Corequisites Corequisites
Co-badged status Co-badged status
LAWS560
Unit description Unit description
The unit provides an introduction to environmental law in Australia. Environmental law has evolved into a large and rapidly developing field. 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 divides in our globalised world are also enduring issues. Environmental law can also be seen as a reaction to exploitative growth and ecologically destructive projects. Much of the early environmental law had this focus. The unit also highlights the need for practical strategies for ecological sustainability.

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:

  • Identify and critique key ethical and interdisciplinary perspectives on the environment.
  • Describe and analyse the history of environmental law and regulation in Australia, including the emergence of sustainable development as a key principle.
  • Define and critique different styles of environmental regulation and the regulatory tools available.
  • Recognise and assess how environmental law relates to other laws in Australia and at the international level and the extent of consistency/inconsistency.
  • Identify and interpret the most important cases and statutes in Australian environmental law and critique their content and significance.
  • Identify and analyse the major challenges facing environmental law in Australia and explain whether solutions exist taking into consideration past successes/failures.
  • Analyse and prepare sound recommendations for law reform, further research, or the creative application of existing law, to address environmental issues.

General Assessment Information

Details of the assessment tasks and detailed marking rubrics are available on iLearnAll written assessments are to be submitted electronically via Turnitin. Plagiarism detection software is used in this unit and the University's Academic Honesty Policy is strictly applied. All written assignments must be referenced in accordance with the Australian Guide to Legal Citation Volume 3. Word limits will be strictly applied. Material over the word limit will not be read. 

Unless a Special Consideration request has been submitted and approved,

(a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and

(b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline.

No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.

Assessment Tasks

Name Weighting Hurdle Due
Class participation 20% No Throughout
Annotated bibliopgraphy 20% No 11:59pm Friday 13th April 2018
Research paper 60% No 11:59pm Sunday 10th June 2018

Class participation

Due: Throughout
Weighting: 20%

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 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, class participation is assessed during the On-Campus Session.


On successful completion you will be able to:
  • Identify and critique key ethical and interdisciplinary perspectives on the environment.
  • Describe and analyse the history of environmental law and regulation in Australia, including the emergence of sustainable development as a key principle.
  • Define and critique different styles of environmental regulation and the regulatory tools available.
  • Recognise and assess how environmental law relates to other laws in Australia and at the international level and the extent of consistency/inconsistency.
  • Identify and interpret the most important cases and statutes in Australian environmental law and critique their content and significance.
  • Identify and analyse the major challenges facing environmental law in Australia and explain whether solutions exist taking into consideration past successes/failures.
  • Analyse and prepare sound recommendations for law reform, further research, or the creative application of existing law, to address environmental issues.

Annotated bibliopgraphy

Due: 11:59pm Friday 13th April 2018
Weighting: 20%

This task requires students to prepare an annotated bibliography of eight (8) sources that are relevant to the research topic they have chosen for their final paper. Students will be required to identify eight relevant sources, provide a brief description and some analysis of the content of the source and evaluate it in terms of its relevance to the research topic. 

The word limit is 2000 words. 


On successful completion you will be able to:
  • Identify and critique key ethical and interdisciplinary perspectives on the environment.
  • Define and critique different styles of environmental regulation and the regulatory tools available.
  • Recognise and assess how environmental law relates to other laws in Australia and at the international level and the extent of consistency/inconsistency.

Research paper

Due: 11:59pm Sunday 10th June 2018
Weighting: 60%

Essay topics and instructions will be posted early in the semester. This is to be a thought-provoking exercise to stimulate you to independently explore in depth a topic of genuine interest to you. 

By 5pm Friday 30th March, each student is required to EMAIL the convenor a one-page outline of their chosen research topic, method, and indicative sources for approval.

Research paper length: 4,500 words (excluding footnotes and bibliography). To be submitted through Turnitin in Word format.


On successful completion you will be able to:
  • Identify and analyse the major challenges facing environmental law in Australia and explain whether solutions exist taking into consideration past successes/failures.
  • Analyse and prepare sound recommendations for law reform, further research, or the creative application of existing law, to address environmental issues.

Delivery and Resources

Readings for each week will be posted in advance on iLearn.

Textbook: Gerry Bates, Environmental Law in Australia, 9th edition, 2016.

Weekly tutorial questions and other information about the unit will also be communicated through iLearn.

Students will be required to use a computer to interact with online research databases and web-based research tools. This unit's ilearn page will also contain additional lessons with multimedia content to facilitate learning. All students need access to a secure and reliable server for access to iLearn and submission of assessment tasks.

Unit Schedule

Week 1: Introduction: history and context of environmental law

There will be no tutorial this week.

Week 2: Public interest environmental law and access to justice

Tutorials start this week.​ Tutorial questions will be posted on iLearn a few days in advance.

Week 3: International environmental law

Week 4: Principles of environmental law

Week 5: Commonwealth environmental law

Week 6: Pollution law

Week 7: Threatened species law

 

Mid-Semester Break

On-Campus Session for external students: Tuesday 16th April and Wednesday 17th April (12 Second Way - 304 Tutorial Room)

 

Week 8: Climate change law

Week 9: Climate change and biodiversity: how can the law adapt?

Week 10: Mining law

Week 11: Environmental crime

Week 12: Limits of environmental law

Week 13: Private law and the environment

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/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/study/getting-started/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://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.

Graduate Capabilities

PG - Capable of Professional and Personal Judgment and Initiative

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:

Learning outcomes

  • Identify and interpret the most important cases and statutes in Australian environmental law and critique their content and significance.
  • Analyse and prepare sound recommendations for law reform, further research, or the creative application of existing law, to address environmental issues.

Assessment task

  • Class participation

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.

This graduate capability is supported by:

Learning outcomes

  • Identify and critique key ethical and interdisciplinary perspectives on the environment.
  • Describe and analyse the history of environmental law and regulation in Australia, including the emergence of sustainable development as a key principle.
  • Define and critique different styles of environmental regulation and the regulatory tools available.
  • Identify and interpret the most important cases and statutes in Australian environmental law and critique their content and significance.

Assessment tasks

  • Annotated bibliopgraphy
  • Research paper

PG - Critical, Analytical and Integrative Thinking

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:

Learning outcomes

  • Identify and critique key ethical and interdisciplinary perspectives on the environment.
  • Describe and analyse the history of environmental law and regulation in Australia, including the emergence of sustainable development as a key principle.
  • Define and critique different styles of environmental regulation and the regulatory tools available.
  • Recognise and assess how environmental law relates to other laws in Australia and at the international level and the extent of consistency/inconsistency.

Assessment tasks

  • Class participation
  • Annotated bibliopgraphy
  • Research paper

PG - Research and Problem Solving Capability

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:

Learning outcomes

  • Define and critique different styles of environmental regulation and the regulatory tools available.
  • Identify and interpret the most important cases and statutes in Australian environmental law and critique their content and significance.

Assessment tasks

  • Annotated bibliopgraphy
  • Research paper

PG - Effective Communication

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:

Learning outcomes

  • Identify and interpret the most important cases and statutes in Australian environmental law and critique their content and significance.
  • Identify and analyse the major challenges facing environmental law in Australia and explain whether solutions exist taking into consideration past successes/failures.
  • Analyse and prepare sound recommendations for law reform, further research, or the creative application of existing law, to address environmental issues.

Assessment tasks

  • Class participation
  • Annotated bibliopgraphy
  • Research paper

PG - Engaged and Responsible, Active and Ethical Citizens

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:

Learning outcomes

  • Identify and critique key ethical and interdisciplinary perspectives on the environment.
  • Describe and analyse the history of environmental law and regulation in Australia, including the emergence of sustainable development as a key principle.
  • Recognise and assess how environmental law relates to other laws in Australia and at the international level and the extent of consistency/inconsistency.
  • Identify and analyse the major challenges facing environmental law in Australia and explain whether solutions exist taking into consideration past successes/failures.
  • Analyse and prepare sound recommendations for law reform, further research, or the creative application of existing law, to address environmental issues.

Assessment task

  • Class participation

Changes from Previous Offering

Some content has been updated or replaced in order to keep pace with developments in this area of the law.