GSE801 Environmental Law
About this Unit
Semester 1, 2008
Offered: E1 - Evening; First Half-Year
Convenor: Mr John Whitehouse
Prerequisites/corequisites: None
Credit Points: 4
Introduction
The 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 the law in the following areas:
- Natural resources management
- Nature conservation
- Land use and town planning
- Local Government
- Pollution
- Heritage
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. However the unit adopts a case-based approach, examining the operation of the law through decisions of superior courts in Australia. Active student participation in and preparation for each session is required.
Unit Objectives
- To provide an introduction to environmental law and policy at an International, Australian and New South Wales level.
- To provide an understanding of the principles and theoretical basis of environmental law.
- To provide an overview of the subject suitable for professionals practising in the area of environmental management who are not lawyers.
- To provide a practical understanding of the role of environmental law in the context of environmental decision making.
Teaching Staff
Convenor:
Mr John Whitehouse
LL.B (Syd), BA (Syd), BSc (Macq), Grad Dip Leg Pr (UTS),
Partner, Minter Ellison Solicitors,
Visiting Fellow of the Graduate School of the Environment, Macquarie University,
Honorary Professorial Fellow in the School of Law, Wollongong University,
Contact John via email to jfwhitehouse@bigpond.com
Contact Dr James Smith, Mr Simon Ball and Mr Patrick Holland through John Whitehouse.
Guest Lecturers:
Dr James Smith, LL.B (Hons 1) (UTS), B.Sc. (Hons 1) (UNSW), Grad. Dip. Leg. Pr. (UTS), Ph.D. (UNSW), Senior Associate, Deacons Lawyers
Mr Simon Ball, LL.B. (Hons 1) (UTS), B.Eng Civil and Environmental (Hons 2) (UTS), Grad. Dip. Leg. Pr., Senior Associate, Minter Ellison
Mr Patrick Holland LL.B (UTS), BSc (ANU), Grad Dip Leg Pr (UTS), Partner, Minter Ellison Solicitors
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 6.30 pm to 9.30 pm in E8A386.
PLEASE NOTE: In order to successfully complete this unit, students must attend at least 80% of scheduled lectures.
The timetable for classes can be found on the University web site at http://www.timetables.mq.edu.au/
Unit web page
There is no web page for this unit.
Learning Outcomes
The unit convenors will indicate to students where they should be developing certain capabilities throughout the course of the unit. These capabilities can been categorized as "specialist" and "generic" capabilities, as detailed below:
Specialist outcomes
The learning outcomes of this unit are:
- To provide an introduction to environmental law and policy at an international, Australia and New South Wales level.
- To provide an understanding of the principles and theoretical basis of environmental law.
- To provide an overview of the subject suitable for professional practising in the area of environmental management who are not lawyers.
- To provide a practical understanding of the role of environmental law in the context of environmental decision-making.
Generic outcomes
In addition to the discipline-based learning objectives, all academic programs at Macquarie seek to develop students' generic skills in a range of areas. One of the aims of this unit is that students develop their skills in the following:
-
Communication skills;
-
Critical analysis skills;
- Problem-solving skills;
- Creative thinking skills.
Teaching and Learning Strategy
Unit Structure
This unit is taught primarily by lectures.
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 6.30pm to 9.30pm in E8A386.
Schedule of Lectures
| Week | Topic |
|---|---|
| 1 February 26 |
Law and the legal system |
| 2 March 4 |
What is environmental law and policy? |
| 3 March 11 |
International environmental law |
| 4 March 18 |
Commonwealth environmental law |
| 5 March 25 |
Environmental planning instruments |
| 6 April 1 |
Development assessment process and major infrastructure and other projects |
| 7 April 8 |
Applying planning instruments |
| MID-SEMESTER BREAK | |
| 8 April 29 |
Existing uses and Inquiries and Panels Assignment 1 due - hand to unit convenor in class |
| 9 May 6 |
Environmental protection (pollution control) legislation |
| 10 May 13 |
Environmental protection and waste administration Written Component of Classwork Assessment due - hand to unit convenor in class |
| 11 May 20 |
Environmental impact assessment |
| 12 May 27 |
Land management, conservation and cultural heritage Assignment 2 due - hand to unit convenor in class |
| 13 June 3 |
Land and Environment Court |
Relationship between Assessment and Learning Outcomes
PLEASE NOTE: In order to successfully complete any GSE unit students must:
- attend at least 80% of scheduled lectures;
- attend and participate in all days of all scheduled field trips;
- complete all assignments or other assessment;
- reach a satisfactory postgraduate level of achievement in such assignments or other assessment as may be determined by the Head of the Graduate School.
There is no formal examination for this unit. Unit assessment will consist of three elements: a written assignment (40%), an essay (40%), and class assessment (20%). Grades will be determined based on your overall performance and not merely your total marks. An especially poor performance in one of the assessment components would normally preclude the award of a higher grade.
Assignment should meet the writing standards of the GSE Writing Guide. Assignments that are overdue or involve plagiarism will attract marking penalties.
Assignment submission
Assignments are to be handed to the Unit Convenor in class.
| Assessment | Description | Max. Length | Marks | Due |
|---|---|---|---|---|
| Assignment 1 | An essay on one of a range of topics on environmental law and policy. | 2500 words | 40% | April 29 |
| Class Assessment | Written component (short commentary on set readings) Participation in allocated class debate plus satisfactory class attendance (a minimum of 80% attendance) |
20% | May 13 | |
| Assignment 2 | This assignment involves preparing advice on the application of environmental legislation to a particular development proposal. | 2500 words | 40% | May 27 |
Required and Recommended Texts/Materials
There are a number of general texts covering the subject matter of this course. None is required to be purchased by students. 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.
Gerry Bates, Environmental Law in Australia (6th ed, Lexis Nexis Butterworths, 2006)
David Farrier and Paul Stein (eds), Environmental Law Handbook - Planning and Land Use in New South Wales (4th ed, 2006, Redfern Legal Centre Publishing)
Doug Fisher, Australian Environmental Law (2003)
Zada Lipman and Gerry Bates, Pollution Law in Australia (Lexis Nexis Butterworths, 2002)
Ben Boer and Graeme Wiffen, Heritage Law in Australia, Oxford University Press, South Melbourne, 2006.
Rosemary Lyster, Zada Lipman, Nicola Franklin, Graeme Wiffen and Linda Pearson, Environmental and Planning Law in New South Wales, Federation Press, Sydney, 2007.
Copies of these texts will be available in the library on reserve. Students will be provided with a detailed Lecture Outline and Reading List, plus selected reading materials.
Unit participants are required to obtain the key NSW legislative provisions covered in the unit:
- Environmental Planning and Assessment Act, 1979 as amended;
- Environmental Planning and Assessment Regulation, 2000.
Copies of this legislation (including all amendments) may either be downloaded from the web (http://www.legislation.nsw.gov.au/) or purchased by unit participants from Salmat at Level 3, 2-24 Rawson Place, Haymarket NSW 2000.
Plagiarism
The University defines plagiarism in its rules: "Plagiarism involves using the work of another person and presenting it as one's own." Plagiarism is a serious breach of the University's rules and carries significant penalties. You must read the University's practices and procedures on plagiarism. These can be found in the Handbook of Postgraduate Studies or on the web at: http://www.student.mq.edu.au/plagiarism/
The policies and procedures explain what plagiarism is, how to avoid it, the procedures that will be taken in cases of suspected plagiarism, and the penalties if you are found guilty. Penalties may include a deduction of marks, failure in the unit, and/or referral to the University Discipline Committee.
The GSE recommends that students familiarise themselves with the information contained on the Georgetown University Honor Council website which discusses plagiarism in an easy to understand and comprehensive manner.
University Policy on Grading
Academic Senate has a set of guidelines on the distribution of grades across the range from fail to high distinction. Your final result will include one of these grades plus a standardised numerical grade (SNG).
On occasion your raw mark for a unit (i.e., the total of your marks for each assessment item) may not be the same as the SNG which you receive. Under the Senate guidelines, results may be scaled to ensure that there is a degree of comparability across the university, so that units with the same past performances of their students should achieve similar results.
It is important that you realise that the policy does not require that a minimum number of students are to be failed in any unit. In fact it does something like the opposite, in requiring examiners to explain their actions if more than 20% of students fail in a unit.
The process of scaling does not change the order of marks among students. A student who receives a higher raw mark than another will also receive a higher final scaled mark.
For an explanation of the policy see:
http://senate.mq.edu.au/rules/Guidelines2003.doc or
http://senate.mq.edu.au/rules/detailedguidelines.doc
Student Support Services
Macquarie University provides a range of Academic Student Support Services. Details of these services can be accessed at http://www.student.mq.edu.au.
Advice for Students with Disabilities/Health Conditions
The Equity Support Unit (ESU) provides support and assistance to students with a disability/health condition in aiming to ensure that they do not experience disadvantage in reaching their academic potential. Service provision is determined on a case-by-case basis following an assessment of a student's needs and the provision of supporting documentation. Service provision is also dependent on the availability of resources.
To register with ESU, download an Advice of Disability/Health Condition form from http://www.reg.mq.edu.au/academic-index.html. This form must be completed annually, irrespective of whether a disability/health condition is temporary, long-term or permanent. Students wishing to request support services from the ESU should make an appointment to see a Disability Advisor immediately after enrolling at Macquarie University.
Phone: (02) 9850 6494/7497
Fax: (02) 9850 6063
TTY: (02) 9850 6493
Email: equity@mq.edu.au
In person: Level 2, Lincoln Building (C8A), Macquarie University
Website: http://www.sss.mq.edu.au/equity