Students

LAWS8060 – Energy and Natural Resources Law

2024 – Session 2, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Tina Soliman-Hunter
tina.solimanhunter@mq.edu.au
Credit points Credit points
10
Prerequisites Prerequisites
Admission to JD or LLM or MIntTrdeComLaw or MSusDev or MPlan
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 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. Students will be required to analyse the law within contemporary socio-legal and economic events and conditions impacting on the discipline.

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: Articulate a thorough understanding of the basic functions and overarching principles of energy and resources law from national, international and sustainable perspectives.
  • ULO2: Describe and analyse the key institutions and actors involved in energy and resources law, and their respective roles in establishing and maintaining governance in the energy and resources sector.
  • ULO3: Construct and evaluate arguments that survey the effectiveness of law in energy and resources, having regard to climate change, sustainability and political influence.
  • ULO4: Produce recommendations for law reform and/or further research which may be required to address national and global issues in energy and resources law.
  • ULO5: Critically examine and articulate intersections and interactions between energy and resources law and other disciplines.

General Assessment Information

All written assessments submitted electronically must be submitted through the link provided in iLearn. This unit will utilise Turnitin plagiarism detection software. Students should carefully check that they submit the correct file for an assessment, as re-submissions will not be accepted after the due date and time, including instances where students upload an incorrect file in error.

The design, moderation and feedback of all assessments is in accordance with the Macquarie University Assessment Procedure (link provided under ‘Policies and Procedures’ below).

Late Submission Policy

A maximum penalty of five (5) percentage points of the total possible marks will be applied per day to late submissions, for up to a maximum of seven calendar days. Tasks that have not been submitted within the maximum number of additional late days will receive a mark of zero. This provision does not apply to online exams or other assessment with a time limit of less than 24 hours.

Penalties for late submission will be applied consistently and equitably to all students enrolled in the unit. Where short-term, serious and unavoidable circumstances have affected their ability to submit an assessment task, a student must submit a formal application for Special Consideration as per the Special Consideration Policy. Students should not request an informal arrangement from their tutor, lecturer or Unit Convenor.

Where an application for Special Consideration is approved, and the outcome is an extension to the due date of a task, submissions that are received after the new due date will be subject to late penalties that are calculated from the new due date. This only applies where the outcome is an extension to the due date – see the Special Consideration Policy for a schedule of all possible outcomes.

Special Consideration

Students should submit applications for Special Consideration electronically via ask.mq.edu.au, along with the supporting documentation. Before submitting their applications, students should refer to the Special Consideration Policy (link provided under ‘Policies and Procedures’ below).

 

Assessment Tasks

Name Weighting Hurdle Due
Professional Writing 40% No 23/09/2024
Take home assessment 40% No 2024-10-23
In class participation 20% No Ongoing assessment. Self-assessment forms due end of week 13

Professional Writing

Assessment Type 1: Professional writing
Indicative Time on Task 2: 20 hours
Due: 23/09/2024
Weighting: 40%

 

Students will prepare a written response to a contemporary problem in the energy and resources sector.

 
On successful completion you will be able to:
  • Articulate a thorough understanding of the basic functions and overarching principles of energy and resources law from national, international and sustainable perspectives.
  • Describe and analyse the key institutions and actors involved in energy and resources law, and their respective roles in establishing and maintaining governance in the energy and resources sector.
  • Construct and evaluate arguments that survey the effectiveness of law in energy and resources, having regard to climate change, sustainability and political influence.
  • Produce recommendations for law reform and/or further research which may be required to address national and global issues in energy and resources law.
  • Critically examine and articulate intersections and interactions between energy and resources law and other disciplines.

Take home assessment

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 10 hours
Due: 2024-10-23
Weighting: 40%

 

Students will submit responses to questions based on a hypothetical scenario

 
On successful completion you will be able to:
  • Articulate a thorough understanding of the basic functions and overarching principles of energy and resources law from national, international and sustainable perspectives.
  • Describe and analyse the key institutions and actors involved in energy and resources law, and their respective roles in establishing and maintaining governance in the energy and resources sector.
  • Construct and evaluate arguments that survey the effectiveness of law in energy and resources, having regard to climate change, sustainability and political influence.
  • Produce recommendations for law reform and/or further research which may be required to address national and global issues in energy and resources law.
  • Critically examine and articulate intersections and interactions between energy and resources law and other disciplines.

In class participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 0 hours
Due: Ongoing assessment. Self-assessment forms due end of week 13
Weighting: 20%

 

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

 
On successful completion you will be able to:
  • Articulate a thorough understanding of the basic functions and overarching principles of energy and resources law from national, international and sustainable perspectives.
  • Describe and analyse the key institutions and actors involved in energy and resources law, and their respective roles in establishing and maintaining governance in the energy and resources sector.
  • Construct and evaluate arguments that survey the effectiveness of law in energy and resources, having regard to climate change, sustainability and political influence.
  • Produce recommendations for law reform and/or further research which may be required to address national and global issues in energy and resources law.
  • Critically examine and articulate intersections and interactions between energy and resources law and other disciplines.

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

Delivery

Lectures: mix of prerecorded and other relevant lectures 

Tutorials: Thursday 7-9pm (online) Weeks 31, 33, 35, 39, 41 and 43. A link to the tutorials will be provided online

This unit is worth 10 credit points, which equates to 150 hours of work. Therefore, students should expect to commit an average of 10 hours per week to this unit, including all scheduled and unscheduled activities and preparing and executing the assessment tasks.

Resources

There are no required textbooks

Additional readings will be accessible through iLearn.

Students require access to a computer, internet with decent speed and a secure/reliable server. The iLearn page contains all Unit requirements and a weekly schedule for teaching, readings and tutorials. Information about all assessment tasks is also available on iLearn.

 

Unit Schedule

Week No./ commencing

Topic  

Tutorial

 

 

Topic 1

22h 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

 

Topic 2

39th 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

 

 

Topic 3

5th 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 4

12th August (Wk. 33)

 

 

Topic 4: Transboundary issues in energy and resource development

  1. Grand Ethiopian Renaissance Dam (GERD)
    1. Underground Carbon Storage and transboundary issues
  2. Chernobyl
  3. Transboundary petroleum development
  1. Norway/UK
  2. Norway/Russia

Topic 2 and 3

 

 

 

Topic 5

19th 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/LCS/PSCs
  4. Land Access – wind farms, solar farms, Carbon sequestration 

 

 

 

Topic 6

26th August

(Wk. 35)

 

 

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

  1. Ownership of offshore energy resources – hydrocarbons vs renewable energy
  2. Offshore minerals development
  3. Deep seabed mining
  4. Offshore wind and infrastructure

Topic 4 and 5

 

 

Topic 7

 

2nd  Sept

(Wk. 36)

 

 

 

Topic 7: 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 (commanding heights)
  3. VRE in the NEM
  4. Energy Storage
  5. Technology Roadmap ARENA
    1. Hydrogen and ammonia
    2. Options for the energy transition - ACCUs

 

(Wks. 37 and 38)

 

SEMESTER BREAK

 

 

 

Topic 8

 

23rd Sept (Wk. 39)

Topic 8: Climate change and the energy transition

    1. Climate change overview
  2. Fossil fuels, emissions and global perspectives (IEA/IRENA)
  3. Shift to Low Carbon Energy: hydrocarbons to renewables
  4. Transitioning Energy markets: the case of the NEM

Topic 6 and 7

 

Topic 9

30th Sept

(Wk. 40)

Topic 9: Critical Minerals

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

 

Topic 10

 

7th October

(Wk. 41)

Topic 10: Nuclear Energy in Australia

  1. Base load power – what do we do?
  2. Nuclear in Australia – ban
  3. Role of Nuclear in Australia’s transition to Net Zero
  4. Sorting fact from fiction

Topic 8 and 9

 

Topic 11

 

14th October

(Wk. 42)

Topic 11: Decommissioning energy infrastructure

  1. Offshore petroleum decommissioning
  2. Commissioning for decommissioning
  3. Dismantling, recycling and disposal – what do we do with it all???

 

 

Topic 12

 

21St Oct

(Wk. 43)

ONLINE SEMINAR: TBC (Guest - Gavin Scott, Norton Rose)

Topic 12: Indigenous issues in energy and resource development

  1. Native Title and ILUAs
  2. Consent/FPIC
  3. challenges and opportunities in future energy and resource developments
    1. Underground carbon storage
    2. Renewable energy sources and native title

Indigenous seminar

Topic 13

28th Oct

(Wk. 44)

 

Topic 13: Current issues in Energy and Natural Resources  Law

 

 

Topic 10 and 11

 

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

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.

Student Support

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

The Writing Centre

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

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

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

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.

Unit information based on version 2024.01 of the Handbook