Overview
Law and the Environment provides a basic grounding in the context and main sources of Environmental Law in Australia, together with the major State and Commonwealth legislative regimes that collectively comprise Australia's system of environmental regulation. You will study the basic structure and function of the Australian Legal System and undertake analysis of key enrivironmental issues. By analysing case studies, you will learn to identify the types of legal problems commonly encountered in environment-related activities. Finally, you will examine the litigation process and dispute resolution procedures.
Details
Pre-requisites or Co-requisites
There are no requisites for this unit.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 1 - 2018
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from John Milburn
In 2017, the primary emphasis of the assessment regime related to a practical component. That component required students to access historical and current materials. By considering materials that relate to an unresolved case, I believe the assessment allowed students to obtain a good grounding in what material is required and to provide an opportunity for students to hypothesise about the results in the future.
Continue to emphasise the practical component of the law relevant to this unit.
- Describe the basic structure, institutions, key functions and processes of the Australian legal systems within which environmental law operates.
- Analyse major topics and key issues such as environmental property rights, access to and management of the environment, environmental protection measures and environmental litigation with reference to the relevant sources of legal authority.
- Identify and respond to the types of legal problems and issues likely to be embedded in commonly encountered environment-related activities.
- Explain the environmental law litigation process and alternative dispute resolution procedures.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Written Assessment - 25% | ||||
| 2 - Presentation and Written Assessment - 25% | ||||
| 3 - Practical Assessment - 50% | ||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Communication | ||||
| 2 - Problem Solving | ||||
| 3 - Critical Thinking | ||||
| 4 - Information Literacy | ||||
| 5 - Team Work | ||||
| 6 - Information Technology Competence | ||||
| 7 - Cross Cultural Competence | ||||
| 8 - Ethical practice | ||||
| 9 - Social Innovation | ||||
| 10 - Aboriginal and Torres Strait Islander Cultures | ||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 25% | ||||||||||
| 2 - Presentation and Written Assessment - 25% | ||||||||||
| 3 - Practical Assessment - 50% | ||||||||||
Textbooks
Environmental Law in Australia
Edition: 9th (2016)
Authors: Gerry Bates
LexisNexis Butterworths
Sydney Sydney , NSW , Australia
ISBN: 9780409341935
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
a.jensen2@cqu.edu.au
Module/Topic
Legal Principles and Resources
Chapter
Bates chapter 1
Events and Submissions/Topic
Module/Topic
Constitution of Australia and the Evolution of the Australian Legal System
Chapter
Bates chapter 2
Events and Submissions/Topic
Module/Topic
Environmental Issues and the Common Law
Chapter
Bates chapter 3
Events and Submissions/Topic
Module/Topic
International Environmental Law and Commonwealth Environmental Law-making Ability
Chapter
Bates chapters 4, 5 & 6
Events and Submissions/Topic
Module/Topic
Statutory Instruments, Regulatory Tools and Ecologically Sustainable Development
Chapter
Bates chapters 7 & 8
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Planning Law
Chapter
Bates chapters 9 & 10
Events and Submissions/Topic
Module/Topic
Environmental Impact Assessment
Chapter
Bates chapter 11
Events and Submissions/Topic
Module/Topic
Natural Resource Law
Chapter
Bates chapters 12-18
Events and Submissions/Topic
Module/Topic
Environmental Law Toolbox
Chapter
Bates chapter 19
Events and Submissions/Topic
Module/Topic
Environmental Prosecutions
Chapter
Bates chapter 20
Events and Submissions/Topic
Module/Topic
Community Litigants and ADR Procedures
Chapter
Bates chapters 21 & 22
Events and Submissions/Topic
Module/Topic
Review
Chapter
Events and Submissions/Topic
Module/Topic
Review
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Key Aspects
Both 25% term assignments require students to review and/or critically appraise and apply legal, environmental concepts and policies.
The first 25% term assignment concerns the analysis of a Queensland Planning & Environment Court appeal case.
Week 5 Thursday (5 Apr 2018) 11:45 pm AEST
Students are to present their assignment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date. I will impose a penalty deduction of 5% per day for late work.
Week 7 Monday (23 Apr 2018)
Problem Solving. The focus of many parts of the assignments is upon developing applied problem and policy solving skills. This requires students to read and analyse a fact scenario matrix or policy measure - hypothetical or actual - and identify legal, regulatory and broad planning or environmental policy issues and apply these to develop a reasoned outcome with respect to the issues presented.
Critical Thinking. Students are required to critically analyse and evaluate information, facts, law and policy in a problem solving context. The skills being emphasised involve the critical appraisal and reflection of legal, planning and environmental issues plus the application of case law, legislation and policy (theoretical or actual) against a factual matrix or stated assumptions.
Information Literacy. The two assignments test understanding and comprehension of critical legal, planning and environmental knowledge, legislation and policy measures discussed in the course in topics covered prior to submission of the assignments. Students need to develop understanding and familiarity with relevant terms, concepts and issues addressed. This information literacy is tested in an applied as well as descriptive manner.
Information Technology Competence. The two assignments test students' aptitude and capability to access web-based information and resources. Competence in producing academic written work with use of technology forms part of the assignment exercises.
Ethical/sustainability policy issues and practice. In formulating responses to questions in the two assignments, students will frequently be making judgments about societal ethics and planning or environmental sustainability policy matters.
- Describe the basic structure, institutions, key functions and processes of the Australian legal systems within which environmental law operates.
- Analyse major topics and key issues such as environmental property rights, access to and management of the environment, environmental protection measures and environmental litigation with reference to the relevant sources of legal authority.
- Identify and respond to the types of legal problems and issues likely to be embedded in commonly encountered environment-related activities.
- Explain the environmental law litigation process and alternative dispute resolution procedures.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
2 Presentation and Written Assessment
Key Aspects
Both assignments require students to review, or critically appraise and apply legal, planning, and environmental concepts and policies.
Fundamental Information
The second 25% term assignment requires an audio-visual analysis of statutory approval processes.
Week 9 Thursday (10 May 2018) 11:45 pm AEST
Students are to present their assignment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date. I will impose a penalty deduction of 5% per day for late work.
Week 11 Friday (25 May 2018)
The second assignment comprises a theoretical and practical assessment of planning and environmental law process, policy and implementation. You are required to provide an audio-visual presentation including evidence of sound understanding, effective communication, structured argument and critical thinking within a well presented format. It is not necessarily the case that all the criteria will be met at a particular standard, as there may be superior performance on one of the criteria and not so satisfactory performance on another. A mark will be calculated by reference to an overall assessment of the criteria. Standards required to the various grades of pass use the university grades and results procedures.
Assessment criteria
I assess students on their ability to demonstrate thinking and writing and presentation skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of the law. Students are required to communicate clearly and logically and in a concise manner. I expect you to present in a professional manner.You must appropriately reference and attribute the work of others.
Fail
You will have shown evidence of the following:
• your expression is poor and difficult to understand
• the answer is poorly organised
• referencing is generally inadequate
• lack of familiarity with the legislation and its application
• failure to identify and address the issues in the question
• reasoning and application demonstrated is poor
Pass
You will have:
• made a conscientious attempt to address the topic and/or answer the question
• shown evidence of having done the required reading and of having understood the reading
• presented a reasonable argument to back up your conclusions
• demonstrated a reasonable level of presentation
• used referencing but this may need improvement
• issues that may need to be identified and addressed in more depth
Credit
You will have:
• addressed the topic and/or answered the question directly
• presented soundly based arguments and backed these up with reasons
• gone beyond description to analysis of key issues
• used the English language well
• shown evidence of reading widely
• demonstrated understanding of the reading
• used referencing that is satisfactory
Distinction
You will have:
• met the above criteria for a credit
• demonstrated the attainment of a high degree of understanding of the concepts of the course
• demonstrated deep insight into the application of knowledge and skills acquired to complex theoretical and practical situations
• used referencing correctly
• made reference to all appropriate legislation
High Distinction
You will have:
• met the above criteria for a distinction
• demonstrated the attainment of an outstanding level of achievement regarding the objectives of this course
• demonstrated an interesting and/or original approach/idea/argument
• demonstrated mastery of the relevant referencing system
• ensured your conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
- Describe the basic structure, institutions, key functions and processes of the Australian legal systems within which environmental law operates.
- Analyse major topics and key issues such as environmental property rights, access to and management of the environment, environmental protection measures and environmental litigation with reference to the relevant sources of legal authority.
- Identify and respond to the types of legal problems and issues likely to be embedded in commonly encountered environment-related activities.
- Explain the environmental law litigation process and alternative dispute resolution procedures.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
3 Practical Assessment
Environmental Law is an area of practice subject to substantial change due to new legislation and new policy implementation at an executive level. Your task is to research current environmental legislation and extrinsic materials to provide a response to a problem based question that will be provided to you in the form of a take-home examination.
This assessment task must be completed on the submission date in week 12.
Further details of what is required for this assessment will be provided closer to the submission date.
Week 12 Thursday (31 May 2018) 11:45 pm AEST
The take home exam will only be released 24 hours before the deadline for submission. If you will not be available to do the exam during that 24-hour period you should not enrol in this Unit.
The final take home paper will not be returned to students, you will receive your mark when grades for this course are finalised
Students will be assessed on their ability to demonstrate thinking and writing skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of the law. Students are required to communicate an answer clearly and logically and in a concise manner. The paper is to be presented in a professional manner. You must appropriately reference and attribute the work of others.
Fail
You will have shown evidence of the following:
• the written expression is poor and difficult to understand
• the answer is poorly organised
• referencing is generally inadequate
• lack of familiarity with the legislation and its application
• failure to identify and address the issues in the question
• reasoning and application demonstrated is poor
Pass
You will have:
• made a conscientious attempt to address the topic and/or answer the question
• shown evidence of having done the required reading and of having understood the reading
• presented a reasonable argument to back up your conclusions
• demonstrated a reasonable level of spelling and grammatical usage
• used referencing but this may need improvement
• issues that may need to be identified and addressed in more depth
Credit
You will have:
• addressed the topic and/or answered the question directly
• presented soundly based arguments and backed these up with reasons
• gone beyond description to analysis of key issues
• used the English language well
• shown evidence of reading widely
• demonstrated understanding of the reading
• used referencing that is satisfactory
Distinction
You will have:
• met the above criteria for a credit
• demonstrated the attainment of a high degree of understanding of the concepts of the course
• demonstrated deep insight into the application of knowledge and skills acquired to complex theoretical and practical situations
• used referencing correctly
• made reference to all appropriate legislation
High Distinction
You will have:
• met the above criteria for a distinction
• demonstrated the attainment of an outstanding level of achievement regarding the objectives of this course
• demonstrated an interesting and/or original approach/idea/argument
• demonstrated mastery of the relevant referencing system
• ensured your conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
• ensured your references are made to the appropriate legislation for particular issues
- Describe the basic structure, institutions, key functions and processes of the Australian legal systems within which environmental law operates.
- Analyse major topics and key issues such as environmental property rights, access to and management of the environment, environmental protection measures and environmental litigation with reference to the relevant sources of legal authority.
- Identify and respond to the types of legal problems and issues likely to be embedded in commonly encountered environment-related activities.
- Explain the environmental law litigation process and alternative dispute resolution procedures.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
