Students

LAWS5069 – Energy and Natural Resources Law

2023 – Session 2, In person-scheduled-weekday, North Ryde

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Graeme Dennis
graeme.dennis@mq.edu.au
Abdullah-Al Arif
abdullah-al.arif@mq.edu.au
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

TAKE HOME ASSSESSMENT TASK: 

The take-home assessment task is a limited time assessmentwill be released on 15/10/2023 @9am. Students will have until 05/11/2023 to complete the task.

 

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

 

Late Assessment Submission Penalty

ULate Assessment Submission Penalty Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of‚ 0 (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue. This late penalty will apply to non-timed sensitive assessment (incl essays, reports, posters, portfolios, journals, recordings etc). Late submission of time sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special consideration application. Special Consideration outcome may result in a new question or topic. 

Assessment Tasks

Name Weighting Hurdle Due
Take home assessment 40% No 05/11/2023
Legal writing on a contemporary issue 50% No 11/09/2023
In class participation 10% No Week 14

Take home assessment

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 20 hours
Due: 05/11/2023
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.

Legal writing on a contemporary issue

Assessment Type 1: Professional writing
Indicative Time on Task 2: 35 hours
Due: 11/09/2023
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.

In class participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 10 hours
Due: Week 14
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.

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

  1. There are 13 topics for this course, in weeks 1 - 13.

    This course will be taught using a new type of delivery, known as Articulate. For each Topic, you will have a number of lessons, that will cover the content outlined in the unit schedule. Each lesson will comprise of written information, recorded lectures*, readings, and other information. The final lesson will comprise tutorial questions, and any additional resources needed for the Tutorial.

    Lectures* are a mix of pre-recorded lectures, and other appropriate recorded material, that together will equate to two hours of material per week. Where there are accompanying lecture slides, these will be part of the lesson in the relevant week Each topic will bre presented using Articulate, which incorporates lectues, readings, notes and other materials in a single package.

  2. 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.

    Tutorials begin in Week 2 and finish in Week 13.

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

Unit Schedule

Week No./ commencing

Topic  

Tutorial

 

 

1

24th July (Wk. 30)

 

 

Topic 1: Energy, the energy transition, net-zero emissions and natural resources

    1. Introduction to Energy and NRL
    2. The concept of energy, the energy transition,
    3. net zero emissions by 2050 (compared to green economy)
    4. shift to a low carbon economy
    5. nexus between energy and natural resources

No Tutorial

 

2

31st July

(Wk. 31)

 

 

Topic 2: Ownership, Sovereignty, Energy Security, and the Energy Trilemma

    1. Ownership of resources
    2. Natural resources: law, policy and economics
    3. the concept of energy security
    4. Concept of energy security
    5. Energy security in an era of climate change

Topic 1

Discussion on low carbon, no carbon, green economy, NZE, and nexus

 

 

3

7th August (Wk. 32)

 

 

Topic 3: International law/governance relating to ENRL

  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. UNCLOS
  3. Energy Charter Treaty, International Energy Charter
  4. Concept of Lex Petrolea

Topic 2

 

 

 

4

14th August (Wk. 33)

 

 

Topic 4: Transboundary issues in energy and resource development

  1. Grand Ethiopian Renaissance Dam (GERD)
  2. Fisheries - Barents fishing agreement
    1. IUU fishing (topic for writing assessment 1)
  3. Chernobyl
  4. Transboundary petroleum development
  1. Norway/UK
  2. Norway/Russia

Topic 3

 

 

 

5

21st August (Wk. 35)

 

 

Topic 5: The energy lifecycle I: Access to Energy and Natural resources

  1. Concept of ownership
  2. The role of the state
  3. Licencing for mineral and petroleum resources
    1. Concessions
    2. PSCs
    3. LCS
  4. Access – wind farms, solar farms, Carbon sequestration 

Topic 4

 

 

 

6

28th August

(Wk. 35)

 

 

Topic 6: The energy lifecycle II: Offshore energy and resources law and governance

  1. Unitisation
  2. Oil and gas -regulating operations – environment, health and safety
  3. Maximising recovery of resources – Australian, Norwegian and UK approaches
  4. Offshore minerals development
  5. Deep seabed mining
  6. Offshore wind and infrastructure
  7. decommissioning

Topic 5

 

 

7

4th September (Wk. 36)

 

 

 

Topic 7: Blue Carbon and the energy transition

  1. The concept of blue carbon
  2. Coastal blue carbon
  3. Nearshore blue carbon
  4. Deep ocean blue carbon
  5. Challenges and opportunities in implementing and regulating a blue carbon regime
    1. Capacity of international legal framework
    2. Cooperation and Political will (cooperative federalism)

Topic 6

 

(Wks. 37 and 38)

 

SEMESTER BREAK

 

 

 

8

25th  September

(Wk. 39)

Topic 8: Climate change and the energy transition

    1. Climate change
  2. Fossil fuels, emissions and global perspectives (IEA and ARENA)
  3. Shift to Low Carbon Energy (LCE) – challenges and opportunities

resource developments – challenges and opportunities

Topic 7

 

 

9

2nd  October

(Wk. 40)

Topic 9: VRE and the energy transition in Australia*(fireside chat with Cameron Kelly)

  1. Technology as a vehicle for shifting to LCE
  2. Changing state intervention (the concept of the commanding heights)
  3. VRE in the NEM
  4. Base load power – what do we do? NUCLEAR
  5. Energy Storage
  6. Technology Roadmap and the role of ARENA
    1. Hydrogen and ammonia
  7. Options for the energy transition - ACCUs

Topic 8

 

10

9th October

(Wk. 41)

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

Topic 10: Indigenous issues in energy and resource development

  1. Consent/FPIC
  2. ILUAs/native title

Future energy and resource developments – challenges and opportunities

TBC

Seminar Monday 7-9pm

 

Recorded if you are unable to make it, and no penalty

 

11

17th October

(Wk. 42)

Topic 11: Investment in energy and resources: the global legal framework – past, present, and future

 

Topic 9

Australia and Renewables Community forum -Nuclear

 

12

24th October

(Wk. 43)

Topic 12: Mineral resources law and governance

  1. Australian resources statements
  2. Critical and rare earth minerals
  3. Conflict commodities- critical minerals, diamonds

Topic 11

 

investment

13

31st October

(Wk. 44)

 

Topic 13: Current issues in Energy and Natural Resources  Law 

 

Topic 12

Class discussion:  making Australia a critical minerals titan

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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.

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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

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

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Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

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The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

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For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/. 

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Unit information based on version 2023.01R of the Handbook