17908 Planning and Environmental Law in Australia
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Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 17125 Development Feasibility and Modelling AND 17135 Property Development Process AND 17126 Property Transactions AND 17128 Property Development Finance
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject introduces students to environmental and planning legislation and controls as they apply in Australian States and Territories. It compares the structure and operation of the planning systems, and the legal processes of making plans, policies, and planning controls, including how these controls govern development. The role of specialist courts, legal methods and ethical professional practice are critically analysed. Indigenous land rights and Native Title are discussed. Students develop an in-depth understanding of one State or Territory’s planning and environmental legislation, and learn how to compare legislation across jurisdictions. They also engage with critical perspectives on how existing legislation supports or undermines desirable planning outcomes, such as social justice, self-determination for Indigenous communities, and environmental protection.
Subject learning objectives (SLOs)
On successful completion of this subject, students should be able to:
| 1. | Explain the principles and practices of legal interpretation and the drafting of legislation and regulations generally. |
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| 2. | Explain the operation of judicial and tribunal appeal systems including the role of expert evidence in environmental and planning related disciplines. |
| 3. | Discuss the legal framework for Native Title |
| 4. | Analyse and compare how environmental and planning laws and regulatory frameworks in Australia enable plan making and development control. |
| 5. | Apply knowledge of planning law to evaluate compliance in relation to policy, development and design projects |
| 6. | Develop implementable planning regulations and policies within a specific legal framework. |
| 7. | Present and communicate complex environmental and planning law information in a manner that is tailored to the needs or requirements of stakeholders. |
Course intended learning outcomes (CILOs)
This subject also contributes to the following Course Intended Learning Outcomes:
- Demonstrate ethical responsibilities of professional planners and urban designers and develop critical ethical thinking capability (A.2)
- Communicate with people with a wide variety of cultural, social, economic, and political perspectives and interests using verbal, written, and visual media (C.2)
- Develop creative solutions to complex problems based on research and evaluation (I.1)
- Determine the legal and policy context within which planning and environmental protection occurs, the nature of land rights and claims of Indigenous Peoples in Australian cities, and the role of various levels and agencies of government (P.6)
Contribution to the development of graduate attributes
The term CAPRI is used for the five Design, Architecture and Building faculty graduate attribute categories where:
C = communication and groupwork
A = attitudes and values
P = practical and professional
R = research and critique
I = innovation and creativity.
Course intended learning outcomes (CILOs) are linked to these categories using codes (e.g. C-1, A-3, P-4, etc.).
Teaching and learning strategies
This subject is delivered weekly via online learning platforms. Each week, students work through a sequence of structured online learning materials, typically including written material, pre-recorded lectures, required readings with discussion questions, individual reflection in response to structured questions, hands-on activities to apply concepts to practice, in-depth case studies, and multi-media resources. In most weeks, students will also participate in interactive live sessions with peers and facilitators. The weekly sessions cover the learning required to successfully complete the assessment tasks. Assessments are a crucial part of the learning strategies; the first set includes weekly quizzes to consolidate topics covered that week. In the remaining two assessments, peer and tutor feedback are additional resources. Assessments are designed to mirror the sorts of legal and ethical understanding and skills you would be expected to demonstrate as a planner or urban designer.
Content (topics)
- Introduction to fundamental principles, rules and concepts in law
- History and overview of environmental and planning law in Australia
- State and local government level land use and strategic planning law
- Development Control and Assessment
- Introduction to Environmental Law
- Heritage and Conservation
Assessment
Assessment task 1: Two Quizzes
| Intent: | This assessment task consists of 2 quiz sessions, which take the form of quizzes consisting of 10 multiple-choice questions and will be made available online via Canvass after Modules 1 and 2. The first quiz will need to be completed before the beginning of Week 2 so that you can receive your result and any feedback before census date. The second quiz will need to be completed by the end of Week 3. (The quiz sessions are intended to test the ability of students to retain key information and concepts presented in the subject and, by being subject to a time limit of 20 minutes are designed to test students' ability to be "quick on their feet" when recalling concepts and information (which is an essential practical skill in this area). | ||||||||||||||||
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.): P.6 | ||||||||||||||||
| Type: | Quiz/test | ||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||
| Weight: | 20% | ||||||||||||||||
| Length: | Ten questions | ||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Assessment task 2: Comparing legislation
| Intent: | In this assignment, students will engage with the law covering a particular aspect of planning, in both their own state/territory and another Australian jurisdiction. Students will demonstrate a sound knowledge of particular planning laws sufficient to comparatively evaluate the similarities and differences between laws in different Australian jurisdictions. They will also consider the laws’ effectiveness from the perspective of a particular stakeholder group. | ||||||||||||||||||||||||||||||||
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5, 6 and 7 This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.): C.2 and P.6 | ||||||||||||||||||||||||||||||||
| Type: | Report | ||||||||||||||||||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||||||||||||||||||
| Weight: | 40% | ||||||||||||||||||||||||||||||||
| Length: | 2500 words (+/- 10%) | ||||||||||||||||||||||||||||||||
| Criteria: |
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| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Assessment task 3: Hypothetical advice
| Intent: | In this assignment, students will apply their knowledge of environmental and planning law in their jurisdiction to a specific set of circumstances , such as they may encounter in practice. | ||||||||||||||||||||||||
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| Objective(s): | This task addresses the following subject learning objectives: 3, 4, 5, 6 and 7 This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.): A.2, C.2, I.1 and P.6 | ||||||||||||||||||||||||
| Type: | Report | ||||||||||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||||||||||
| Weight: | 40% | ||||||||||||||||||||||||
| Length: | 2500 words (+/- 10%) | ||||||||||||||||||||||||
| Criteria: | Explain in clear non-specialist language the issue of concern and how it has been addressed in the past Accurately outline alternative ways of addressing the issue Provide sound advice to decision-makers Recommend appropriate plan amendments or policy revisions | ||||||||||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Minimum requirements
Students must achieve at least 50% of the subject’s total mark.
Required texts
Bates. (2019). Environmental Law in Australia. LexisNexis Butterworths.
Willey. (2005). Introduction. Progress in Planning, 63(3), 265–267.
Willey. (2007). Planning Appeal Processes: Reflections on a Comparative Study. Environment and Planning. A, 39(7), 1676–1698. https://doi.org/10.1068/a38315
Jackson S, Porter L, Johnson LC. Planning in Indigenous Australia: From Imperial Foundations to Postcolonial Futures. Vol 1. 1st ed. Routledge; 2018. doi:10.4324/9781315693668 (Note: Chapter 4 and 10)