Overview
The environmental movement is strong and getting stronger. It is an important social revolution. Environmental law is a new and exciting area of legal practice. The Constitution of Australia does not include power for the Federal Parliament to make laws in relation to the environment. In this unit we will consider how the Commonwealth does have a role to play in environmental law despite its lack of constitutional power. We consider the role of State Governments at the Parliamentary and Executive level. The impact of environmental groups has gained more momentum year by year; after an initial explosion of publicity which led to blockade of the Franklin River and ultimately the High Court Tasmanian Dam decision in 1983. New philosophies such as the precautionary principle will be explored and explained. The apparent conflict between environmental law rights which are in the public domain and landowners' property and contractual rights in relation to land will be considered. We will also deal with environmental litigation, including prosecution and the difficulties which face environmental groups. Discussion points include recent developments such as the extraction of coal seam gas and the development of the Gas Fields Commission. We explore the process of environmental impact assessment.
Details
Pre-requisites or Co-requisites
Prerequisites: LAWS11057, LAWS11059, LAWS11061, LAWS11062, LAWS11063, LAWS11064, LAWS11060, (LAWS11065 or LAWS12055)
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 3 - 2017
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, course coordinator
In 2015/6, students were required to sit an invigilated examination. An alternative would be a take-home paper.
It is recommended that the end of term assessment be in the form of take-home paper, rather than an invigilated examination.
Feedback from John Milburn, course coordinator
This course provides students with a commentary in relation to environmental law principles from an academic and practical perspective. The practical aspect needs to be emphasised to a greater degree.
In 2015/6, students of LAWS12067 were taught primarily from an academic perspective. The practical perspective does need to be emphasised to a greater degree. To provide students with a better practical perspective to the study of environmental law, in LAWS12067 greater emphasis should be placed upon the drafting of pleadings component in the assessment regime. Student learning should be supplemented with the requirement that students study a current case proceeding through the Planning and Environment Court.
Feedback from John Milburn, course coordinator
I am very satisfied with the text ‘Environmental Law in Australia’ by Gerry Bates. I am keen to see it remain as the prescribed text for LAWS12067.
While excellent, the text is academic in nature. As a result, I made a concerted effort to ensure that I supplemented the theoretical material with practical work and access to up-to-date online materials, including legislation, caselaw, practice directions and court files.
Feedback from John Milburn, course coordinator
In 2015/6, I provided students with pre-recorded ‘to camera’ sessions where I commented upon and summarised the text material for the week. I supplemented that regime with live sessions with students through Zoom each week. In addition, I provided students with some pre-recorded (and live) sessions involving myself and industry experts, where we discussed topics of interest to students enrolled in LAWS12067. My guests included QCs (one of whom is now a judge), an environmental lawyer, an environmental scientist, a town planner and a community litigant. I trust the material provided some practical insight for students.
The continuing involvement of industry experts, who provide specialist commentary to supplement the written materials and textbook, is recommended.
- 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 - Written Assessment - 25% | ||||
| 3 - Written 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 - Written Assessment - 25% | ||||||||||
| 3 - Written Assessment - 50% | ||||||||||
Textbooks
Environmental Law in Australia
Edition: 9th edn (2016)
Authors: Bates, G
Lexis Nexis Butterworths
Sydney Sydney , NSW , Australia
ISBN: 9780409341935
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Access to UCROO
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
j.a.milburn@cqu.edu.au
Module/Topic
Introduction to Environmental Law
Chapter
Bates chapter 1
Events and Submissions/Topic
Module/Topic
Environmental Law in Legal Context
Chapter
Bates chapter 2
Events and Submissions/Topic
Module/Topic
Environment Protection and the Common Law
Chapter
Bates chapter 3
Events and Submissions/Topic
Module/Topic
International Environmental Law and Federal
Governance
Chapter
Bates chapters 4-6
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Environmental Legislation/Ecologically Sustainable Development
Chapter
Bates chapters 7-8
Events and Submissions/Topic
Module/Topic
Strategic Environmental Planning and Assessment
Chapter
Bates chapters 9-10
Events and Submissions/Topic
Module/Topic
Environmental Impact Assessment
Chapter
Bates chapter 11
Events and Submissions/Topic
Module/Topic
Protection of Biodiversity and Climate Change
Chapter
Bates chapter 12-18
Events and Submissions/Topic
Assessment #1 Case Note and Hypothetical Appeal Due Thursday 11 January 2018 at 11:45 PM
Case Note and Hypothetical Appeal Due: Week 8 Thursday (11 Jan 2018) 11:45 pm AEST
Module/Topic
Environmental Litigation – Civil Law
Chapter
Bates chapter 19
Events and Submissions/Topic
Module/Topic
Environmental Litigation – Criminal Law
Chapter
Bates chapter 20
Events and Submissions/Topic
Assessment #2 Environmental Impact Case Study Due Thursday 25 January 2018 at 11:45 PM
Environmental Impact Case Study Due: Week 10 Thursday (25 Jan 2018) 11:45 pm AEST
Module/Topic
Challenging Environmental Decision-making /ADR
Chapter
Bates chapter 21-22
Events and Submissions/Topic
Module/Topic
Review
Chapter
Nil
Events and Submissions/Topic
Take Home Paper on Friday 9 February 2018 commencing at 5:00 PM AEST and concluding at 8:00 PM AEST
NOTE: When
making unit selections, please check the timing of the take home papers in your other subjects to avoid a conflict.
Take Home Paper Due: Week 12 Friday (9 Feb 2018) 8:00 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Overview of the objectives for this exercise
You are required to read a case about an appeal against a council decision, make comment about it and provide advice about a hypothetical appeal against the decision.
You should be able to answer the questions in less than 1250 words in total.
Required reading
Read the following case:
Whitsunday Regional Council
v Branbid Pty Ltd [2017] QPEC 3
Week 8 Thursday (11 Jan 2018) 11:45 pm AEST
I expect students 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 10 Monday (22 Jan 2018)
Student satisfaction surveys in the past indicate student concerns when a unit coordinator does not provide assessment feedback quickly. Generally, I release the feedback and marks the day after the final cut-off date (that is, I provide feedback and marks 10 days after the due date).
I assess students 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. I expect you to present your paper in a professional manner. Please paginate shall paper and used correct spelling and grammar. 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 conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
- ensured 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
2 Written Assessment
Overview of the objectives for this exercise
You are required to consider a case study involving the Townsville Port Expansion Project application. You should be able to answer the questions in less than 1500 words in total.
Required reading
You are required to read the document 'Townsville Port Expansion Project Additional Information to the Environmental Impact Statement (AEIS) - Summary'. You should also consider all of the environmental impact statement material, including the terms of reference relevant to the Townsville Port Expansion Project application. To complete the task you may need to consider the other documentation available on the Department of State Development, Coordinator-General's projects website in relation to the application.
Marks
I allocate 25 marks for the exercise. I have allocated a specific number of marks for each of the questions.
Your response
Answer in short paragraphs where appropriate. I value brevity.
Week 10 Thursday (25 Jan 2018) 11:45 pm AEST
I expect students 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 until the cut-off date, which is Saturday, 3 February 2018. If you do not submit your work by the cut-off date, I will award you a 'nil' mark.
Week 12 Monday (5 Feb 2018)
Student satisfaction surveys in the past indicate student concerns when a unit coordinator does not provide assessment feedback quickly. Generally, I release the feedback and marks the day after the final cut-off date (that is, I provide feedback and marks 10 days after the due date).
Assessment criteria
I assess students 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. I expect you to present your paper in a professional manner. Please paginate shall paper and used correct spelling and grammar. 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 conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
- ensured 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
3 Written Assessment
No Assessment Task Description
Week 12 Friday (9 Feb 2018) 8:00 pm AEST
In the absence of an approved extension, there will be no opportunity to complete the task after the deadline. There will be no opportunity to apply for a late penalty of 5% per day and you will receive a mark of zero for this assessment task.
Normal examination conditions apply. The final online paper is not returned to students. General feedback is provided to the whole class in the form of an answer guide after the due date in accordance with University assessment policy.
You will sit an online (take-home) paper between 5 PM and 8 PM on Friday, 9 February 2018. You will have access to the Internet to complete the task. You must complete the task at the designated time. You will not have an opportunity to present your work at a later time, unless you have an approved extension prior to the release of the take-home paper. If you do, you will be given an alternate take-home paper for completion. This is not an assessment where you will receive a deduction for late submission. If you do not submit your work by the cut-off time (8 PM) you will receive a nil mark.
You should check your other subjects to ensure that there is not a clash in the date for your take-home paper.
- 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
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?
