Students

LAWS5069 – Energy and Natural Resources Law

2021 – Session 2, Weekday attendance, North Ryde

Session 2 Learning and Teaching Update

The decision has been made to conduct study online for the remainder of Session 2 for all units WITHOUT mandatory on-campus learning activities. Exams for Session 2 will also be online where possible to do so.

This is due to the extension of the lockdown orders and to provide certainty around arrangements for the remainder of Session 2. We hope to return to campus beyond Session 2 as soon as it is safe and appropriate to do so.

Some classes/teaching activities cannot be moved online and must be taught on campus. You should already know if you are in one of these classes/teaching activities and your unit convenor will provide you with more information via iLearn. If you want to confirm, see the list of units with mandatory on-campus classes/teaching activities.

Visit the MQ COVID-19 information page for more detail.

General Information

Download as PDF
Unit convenor and teaching staff Unit convenor and teaching staff Convenor
Tina Soliman Hunter
tina.solimanhunter@mq.edu.au
6 First Walk, Office 444
12-1 Tuesday
Credit points Credit points
10
Prerequisites Prerequisites
130cp of LAWS units
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description

This unit introduces students to energy and resources law and governance, a burgeoning and specialised field of law. The unit explores the legal response of nation states, international institutions and other relevant global actors to regulate the transboundary aspects of energy and resources law. Students will cover the historical development of the law, the need for cooperation,and the effectiveness of sustainable development in energy and resources law. Several important regimes are explored in addition to pivotal domestic and international case law and arbitration decisions.

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:

  • ULO1: Demonstrate a thorough understanding of the basic functions and overarching principles of energy and resources law including sustainable development and transboundary harm
  • ULO2: Recognise and recall the key institutions and actors involved in energy and resources law, understand their respective roles in establishing and maintaining governance
  • ULO3: Critically analyse, interpret, and assess the contribution of cases, treaties and institutions to the development of energy and resources law;
  • ULO4: Engage in debate surrounding contemporary and emergent issues in the discipline including cooperation between different legal regimes; linkage between law and scientific knowledge; and the challenges of the new global order;
  • ULO5: Identify intersections and interactions between energy and resources law and other areas of law.

General Assessment Information

Unless a Special Consideration request has been submitted and approved,

(a) a penalty for lateness will apply – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and

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

Assessment Tasks

Name Weighting Hurdle Due
Take home assessment 40% No 23:59 17/09/2021
In class participation 10% No Ongoing
Legal writing on a contemporary issue 50% No 23:59 12/11/2021

Take home assessment

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 20 hours
Due: 23:59 17/09/2021
Weighting: 40%

 

Students will submit responses to questions based on a hypothetical scenario

 
On successful completion you will be able to:
  • Demonstrate a thorough understanding of the basic functions and overarching principles of energy and resources law including sustainable development and transboundary harm
  • Recognise and recall the key institutions and actors involved in energy and resources law, understand their respective roles in establishing and maintaining governance
  • Critically analyse, interpret, and assess the contribution of cases, treaties and institutions to the development of energy and resources law;
  • Engage in debate surrounding contemporary and emergent issues in the discipline including cooperation between different legal regimes; linkage between law and scientific knowledge; and the challenges of the new global order;
  • Identify intersections and interactions between energy and resources law and other areas of law.

In class participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 10 hours
Due: Ongoing
Weighting: 10%

 

Students will prepare and participate in relevant discussion during tutorials including resolving problem based tasks

 
On successful completion you will be able to:
  • Demonstrate a thorough understanding of the basic functions and overarching principles of energy and resources law including sustainable development and transboundary harm
  • Recognise and recall the key institutions and actors involved in energy and resources law, understand their respective roles in establishing and maintaining governance
  • Critically analyse, interpret, and assess the contribution of cases, treaties and institutions to the development of energy and resources law;
  • Engage in debate surrounding contemporary and emergent issues in the discipline including cooperation between different legal regimes; linkage between law and scientific knowledge; and the challenges of the new global order;
  • Identify intersections and interactions between energy and resources law and other areas of law.

Legal writing on a contemporary issue

Assessment Type 1: Professional writing
Indicative Time on Task 2: 35 hours
Due: 23:59 12/11/2021
Weighting: 50%

 

Students will prepare written material for an NGO, government or company as required

 
On successful completion you will be able to:
  • Demonstrate a thorough understanding of the basic functions and overarching principles of energy and resources law including sustainable development and transboundary harm
  • Recognise and recall the key institutions and actors involved in energy and resources law, understand their respective roles in establishing and maintaining governance
  • Critically analyse, interpret, and assess the contribution of cases, treaties and institutions to the development of energy and resources law;
  • Engage in debate surrounding contemporary and emergent issues in the discipline including cooperation between different legal regimes; linkage between law and scientific knowledge; and the challenges of the new global order;
  • Identify intersections and interactions between energy and resources law and other areas of law.

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

A. LECTURES

Lectures are pre-recorded will be loaded on the iLearn page each week in conjunction with the accompanying PowerPoint slides. Lectures will be available in weeks 1 - 13.  The schedule of topics to be covered in the lectures, required readings, and supplementary resources will be available in detail on iLearn.

A list of covered topics is provided below in the Unit Schedule.

Weekly one hour tutorials begin in Week 2 and finish in Week 13 and all tutorial questions will be posted on iLearn. 

Students require access to a computer and a secure and reliable internet provider to access materials.

B. Prescribed Text

Tina Soliman-Hunter, Ignacio Herrera-Anchustegui, Penelope Crossley, and Gloria Alvarez, Routledge Handbook of Energy Law (Routledge, 2020). this is available through Leganto as an e-book. 

C. Other Readings

All other readings will be posted to ilearn at the commencement of the unit, and available in Leganto 

Unit Schedule

 

Week No./ commencing

Topic  

Lecture Release Date

Tutorial

1 (31)

26th July

Topic 1: Introduction to energy and resources law

  1. Introduction and overview of the subject
  2. Ownership of resources
  3. Concept of energy security
  4. Energy security in Australia

22 July

No Tutorial

2 (32)

2nd August

Topic 2: International law/governance relating to ENR

  1. International law for energy and resources - transboundary harm, climate change, environment, sustainable development goals, sustainability/Brundtland, UNGA resolution relating to sovereignty over resources
  2. Energy Charter Treaty, Internatinal Energy Charter
  3. Concept of Lex Petrolea
  4. Oil spill regulation
  5. Regional arrangements- the example of OSPAR

29 July

Discussion Questions for Topic 2

3 (33)

9th August

Topic 3: Transboundary issues in energy and resource development*

  1. Case Study - Grand Ethiopian Renaissance Dam (GERD)
  2. Fisheries - Barents fishing agreement
  3. Transboundary petroleum development

Norway/UK

Norway/Russia

5 August

Discussion Questions for Topic 3 AND Discussion on Written Assessment 1

4 (34)

16th August

Topic 4: Onshore petroleum law and governance

  1. Conventional
  2. Unconventional -fracking, etc

12 August

Discussion Questions for Topic 4

5 (35)

23rd August

NOT A LECTURE – HELD AS SEMINAR: (Guest - Gavin Scott, Norton Rose)

Topic 5: Indigenous issues in energy and resource development

  1. Consent/FPIC
  2. ILUAs/native title
  3. Loss of cuoltural heritage

19 August

No tutorial:

 

Both UG and PG ONLINE SEMINAR: Thursday 26 August 7-9pm

6 (36)

30th August

Topic 6: Offshore energy and resources law

  1. UNCLOS
  2. Oil and gas -regulating access and operations
  3. Offshore minerals development
  4. Deep seabed mining
  5. Renewable resources- IIA Fishing

 

Discussion Questions for Topic 6

7 (37)

6th September

Topic 7: The energy transition

  1. Climate change
  2. Net-zero emissions
  3. Shift to Low Carbon Energy (LCE)

2 September

Discussion Questions for Topic 7

 

SEMESTER BREAK

 

 

8 (40)

27th September

Topic 8: VRE and the energy transition in Australia*

  1. Changing state intervention (the concept of the commanding heights)
  2. VRE in the NEM
  3. Energy Storage
  4. Hydrogen and ammonia
  5. Technology Roadmap and The role of ARENA

23 September

Discussion Questions for Topic 8 AND Written Assessment 2

9 (41)

4th October

Topic 9: Fossil fuel alternatives and global energy

  1. Wind and solar energy
  2. Hydropower
  3. Nuclear energy
  4. Social issues associated with non-fossil fuel energy sources

30 September

Community Consultation Activity:

Nuclear Power Station

10 (42)

11th October

Topic 10: Energy and resource development and conflict

  1. Land use conflict- CSG/SG, solar farms, wind turbines (Guest Lecture by Dr Madeline Taylor)
    1. Conflict commodities- critical minerals, diamonds

7 October

Discussion Questions for Topic 10

11 (43)

18th October

Topic 11: Mineral resources law and governance

  1. Bulk commodities (case study: third party access to facilities)
  2. Critical minerals
  3. Australian resources statements

14 October

Discussion Questions for Topic 11

12 (44)

25th October

Topic 12: Governance of renewable natural resources

  1. Forestry
  2. Agriculture (cropping and pasture)
  3. Fisheries
  4. Other

21 October

Discussion Questions for Topic 12

13 (45)

1st November

Topic 13: Future directions in energy and resources law and governance

  1. Climate change and net-zero emissions
  2. Conflict over land use
  3. Petroleum
  4. Mining
  5. Water

28 October

Discussion Questions for Topic 13

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

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

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct

Results

Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@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 help you improve your marks and take control of your study.

The Library provides online and face to face support to help you find and use relevant information resources. 

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

If you are a Global MBA student contact globalmba.support@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.

Databases and Readings

All of the statutory provisions referred to in each Topic may be accessed via Austlii or Casebase

Most of the Australian cases referred to in each topic can be accessed via the Macquarie University law reports databases:

https://libguides.mq.edu.au/law/Cases

English cases in the authorised reports can be accessed through the ICLR database:

https://www-iclr-co-uk.simsrad.net.ocs.mq.edu.au/search/fullSearch

Where a case is not available through the on-line databases a scanned copy will be made available on the iLearn Page.

Unit information based on version 2021.03 of the Handbook