76024 Environmental Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70616 Australian Constitutional Law OR 70311 Torts OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 79004 Environmental Law and Science AND 79035 Sustainability and the Law
Description
This subject evaluates the effectiveness of environmental regulation in Australia, by examining the interaction of rules, relationships, systems and processes designed to protect the environment. In conjunction with considerations of practical aspects of environmental law, the subject also provides students with an introduction to environmental ethics, planning law and planning policy.
Students are called upon to engage continuously with the notion of sustainable development which weaves throughout the subject as a consistent theme. An understanding of sustainable development provides the linchpin for evaluating the effectiveness of environmental regulation in a variety of contexts including:
- decision making which incorporates trade-offs, and
- humanity's increasing consumption of environmental resources.
The learning materials focus on the key themes which underpin the practice of environmental law, such as:
- the role of private property rights and environmental protection
- sustainable development
- the protection of biodiversity, and
- pollution and climate change.
Successful completion of the subject provides students with a valuable foundation of knowledge of environmental law from which they can successfully undertake more specialised environmental law subjects, including international environmental law, climate change law, and international trade law and the environment.
The subject takes a practice-oriented approach to student learning by focusing discussion on problem questions that deal with real environmental issues on which legal professionals provide advice in professional practice.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Analyse and evaluate principles of environmental law and policy to identify strengths and weaknesses in the Australian jurisdiction. |
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| 2. | Analyse the regulatory and incentive mechanisms that create tension in reconciling environmental, private property and economic interests, and the flow-on effect on achieving goals of sustainable development. |
| 3. | Conduct effective legal research by identifying and evaluating primary and secondary legal materials and interdisciplinary scholarship in order to investigate the effectiveness of environmental regulation in Australia. |
| 4. | Reflect critically upon personal communication and collaboration skills and apply strategies to facilitate teamwork, synthesise discussions and improve group and class outcomes. |
| 5. | Analyse and monitor their own performance and implement strategies for developing their self-management, particularly time-management. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Self management
The ability to implement appropriate self-management and lifelong learning strategies including:
a. An ability to undertake and initiate self-directed work and learning;
b. Well-developed judgment and responsibility as a legal professional in a broader social context;
c. The ability to support personal and professional development by:
(i). Reflecting on and assessing their own capabilities, wellbeing and performance;
(ii). Making use of feedback as appropriate;
(iii). Identifying and accessing appropriate resources and assistance; and
(iv). Making use of resources and support in developing resilience; and
d. A capacity to adapt to and embrace change and a commitment to ongoing learning. (LAW.8.1)
Teaching and learning strategies
Strategy 1: Preparation for On-Campus Learning
To prepare for the interactive seminars it is essential that students complete the weekly readings and watch the assigned video clips. All learning materials, such as journal articles, book chapters, video clips, podcasts, hypotheticals and problem questions can be accessed from Canvas and are conveniently assembled into an electronic workbook (available on Canvas). The questions and hypothetical scenarios are used to stimulate class discussions (including collaborative work) and raise awareness and engagement with respect to Australia’s environmental law regime. Sound preparation is vital to facilitating students being able to work collaboratively in class; it also enables students to build their understanding and monitor their progress through continuous feedback provided to them and their peers during class discussions. Being able to participate actively in informed and meaningful discussion hones individual understanding though collaborative development of analytical skills.
Strategy 2: Collaborative Learning
Students work collaboratively in the same group (assigned by the subject coordinator) throughout the subject. This strategy encourages social cohesion of the groups. The collaborative process takes place in stages over the course of the seminars. Students are assigned into groups and work together on an ice-breaker, leading to engagement with hypotheticals, problem solving and presentations within their groups. Students draw on their developing knowledge and understanding of frameworks, law and policy to consider hypothetical scenarios and give presentations on topics and issues that are typical of those that lawyers and policy-makers will encounter in the practice of environmental law.
Strategy 3: Developing Research and Management Skills
Research and management skills are essential for every lawyer. The learning materials for this subject cover a range of law, policy and theory relevant to environmental law and policy. The material on sustainable development weaves throughout the subject and, together with other learning materials available from Canvas, provides tools and opportunities for students to practise their research skills by researching and preparing for their class presentation and researching and writing the essay. In addition, the research essay is scaffolded (see Assessment Tasks 2 and 3) to provide students with further practice in research as well as assisting in the development of skills such as time-management skills, self-directed learning and appropriate use of feedback.
Strategy 4: Seminar Learning Activities
The seminars include a range of practical learning opportunities comprising of discussions, debates and practice problems that involve explaining and applying complex policy and statutory provisions. Students have the opportunity to apply their analytical and doctrinal skills to practice-oriented scenarios, typical of the practice of environmental law.
Strategy 5: Ongoing Feedback
Opportunities are provided for formal and informal feedback throughout this subject, starting from the first seminar. Students receive informal feedback on their oral skills, knowledge of the law and quality of analysis of legal issues. This includes informal peer feedback on presentations as well as self-assessment by students on their class participation. Detailed criteria for the feedback and self-assessment are available from Canvas. Students are given the opportunity to obtain feedback from their teacher on their class participation halfway through the teaching session. In addition, formal feedback is provided on the annotated abstract for the research essay (Assessment Task 2), which is due several weeks before the research essay itself (Assessment Task 3). This includes feedback on students’ ability to critique, articulate ideas and synthesise research material. Providing early feedback allows students to use that feedback to improve the quality of their research essay. Finally, formal written feedback is provided via Canvas for the research essay.
Subject Delivery: The subject will be delivered in a three-hour seminar each week of the teaching session. The seminar includes blended learning components and students are expected to prepare for seminars as well as attend and participate in the seminar sessions unless prevented by extenuating circumstances.
Content (topics)
Topic 1 – The Nature of Environmental Law
- What is environmental law?
- Growth of environmental law
- The social and legal context
Topic 2 – The Development of Environmental Law
- Environmental protection and common law
- International environmental law
Topic 3 – Environmental Ethics
- Ethics and values in environmental law
Topic 4 – Sustainable Development
- Ecologically sustainable development
- Precautionary principle
- Protection of biodiversity
- Intergenerational equity
- Economic instruments/polluter pays
Topic 5 – The Purpose of Environmental Law
- Legislation, structure and content
Topic 6 – Federal Governance and the Environment Protection of Biodiversity Conservation Act
- Federal governance
- Commonwealth v Tasmania
- Environment Protection of Biodiversity Conservation Act
Topic 7 – Strategic Environmental Planning and Impact Assessment
- Environmental planning
- Environmental impact assessment
Topic 8 – Protection of Biodiversity
- Protected areas
- Native vegetation
- Native wildlife and threatened species
Topic 9 – Pollution Control
- Pollution, waste and contaminated sites
Topic 10 – Climate Change
- International obligations
- National responses
Topic 11 – Environmental decision-making and the courts
- Standing
- Enforcement of environment regulation
Assessment
Assessment task 1: Collaboration and Class Participation
| Intent: | Students demonstrate their application of essential knowledge and skills whilst collaborating with colleagues in circumstances that closely relate to professional practice, including “thinking on one’s feet”. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.8.1 |
| Weight: | 30% |
| Length: | Total word equivalent is 1500 words |
| Criteria: | Criteria for Part A:
Criteria for Part B:
|
Assessment task 2: Annotated Abstract for the Research Essay
| Intent: | This task scaffolds the research essay, promoting effective research skills and self-management. It is intended to assess analytical and research skills and forms the basis of the framework for the research essay. It also provides students with formative feedback they can incorporate into their essay. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.4.1, LAW.5.1 and LAW.8.1 |
| Weight: | 20% |
| Length: | 1000 words |
Assessment task 3: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.4.1, LAW.5.1 and LAW.8.1 |
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| Weight: | 50% |
| Length: | 2500 words. Please note that there is no 10% leeway, and words that exceed the word limit will not be marked. |
| Criteria: |
|
Required texts
Bates, Environmental Law in Australia. 11th edition 2023
Electronic Work-book available from Canvas
Recommended texts
David Farrier and Paul Stein (eds.), The Environmental Law Handbook: Planning and Land Use in NSW, (Redfern Legal Centre Publishing, 5th ed, 2011)
D E Fisher, Australian Environmental Law: norms, principles and rules, (Law Book Company, 2nd ed, 2010)
Lee Godden and Jacqueline Peel, Environmental Law: Scientific, Policy and Regulatory Dimensions, (Oxford University Press, 2009)
Rosemary Lyster, Zada Lipman, Nicola Franklin, Graeme Wiffen and Linda Pearson, Environmental and Planning Law in New South Wales (The Federation Press, 4th ed, 2016)
References
Other Useful Material
Ben Boer, Robert Fowler and Neil Gunningham (eds), Environmental outlook: Law and policy, (The Federation Press, 1994)
Ben Boer, Robert Fowler and Neil Gunningham (eds), Environmental outlook no 2: Law and policy, (The Federation Press, 1995)
Neil Gunningham, Paul Leadbeter and Ben Boer (eds), Environmental outlook no 3: Law and policy, (The Federation Press, 1999)
Leslie A Stein, Principles of Planning Law, (Oxford Univ. Press, 2007)
Paul Martin and Miriam Verbeek, Sustainability Strategy, (The Federation Press, 2006)
David Mercer, ‘A Question of Balance’ Natural Resources conflict Issues in Australia, (The Federation Press, 3rd ed, 2000)
Journals
Environmental and Planning Law Journal
Australasian Journal of Natural Resources Law and Policy
National Environmental Law Review
Macquarie Journal of International and Comparative Environmental Law - available from: http://www.austlii.edu.au.ezproxy.lib.uts.edu.au/au/journals/MqJlICEnvLaw/ or Heinonline through the UTS:Library database
Local Government Law Journal
Internet Resources (General)
CMS Convention on the Conservation of Migratory Species of Wild Animals: http://www.cms.int/
Convention on Biological Diversity: http://www.cbd.int/
EDOs (Environmental Defenders Offices) of Australia: http://www.edo.org.au/
ECOLEX: The gateway to environmental law http://www.ecolex.org/start.php
ELAW: http://www.elaw.org/
IMPACT! National Journal of Environmental Law - available for download on Environmental Defenders Offices website at http://www.edonsw.org.au/impact
INECE: The International Network for Environmental Compliance and Enforcement: http://www.inece.org/
IUCN World Commission on Environmental Law:
https://www.iucn.org/theme/environmental-law/about/world-commission-environmental-law
Ramsar (The Convention on Wetlands, called the Ramsar Convention): http://www.ramsar.org/
Internet Resources (Specific)
Sustainable Development Knowledge Platform, Agenda 21: https://sustainabledevelopment.un.org/content/documents/Agenda21.pdf
Office of the Environment and Heritage, NSW Government: http://www.environment.nsw.gov.au/
Department of the Environment and Energy, Australian Government: http://www.environment.gov.au/
United Nations Framework Convention on Climate Change: http://unfccc.int/2860.php
Other resources
ethicalinvestor www.ethicalinvestor.com.au
IUCNAEL: IUCN Academy of Environmental Law www.iucnael.org
National Pollutant Inventory http://www.npi.gov.au/
Other resources
World Business Council for Sustainable Development: www.wbcsd.org