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
Pre-requisites: 24 credit points of law units
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 - 2022
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 SUTE Teacher Evaluations
The students appreciated being challenged to think and question aspects of environmental law.
Continue making tutorial sessions based on practical and contemporary environmental legal issues.
Feedback from SUTE Teacher Evaluations
Students felt that the Unit Coordinator needed to encourage students to interact more in tutorial classes.
Difficult to address because of low attendance rates but will provide additional podcasts where appropriate as a pre-briefing to weekly tutorial classes.
- 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: 10th (2019)
Authors: Gerry Bates
LexisNexis Butterworths
Sydney Sydney , NSW , Australia
ISBN: 9780409349115
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Zoom capacity (web cam and microphone)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
v.lambropoulos@cqu.edu.au
a.jensen2@cqu.edu.au
Module/Topic
Introduction to Environmental Law
Chapter
Gerry Bates, Environmental Law in Australia (LexisNexis Butterworths, 10th ed, 2019) Chapter 1
Events and Submissions/Topic
Module/Topic
Environmental Law in Legal Context
Chapter
Gerry Bates, Environmental Law in Australia (LexisNexis Butterworths, 10th ed, 2019) Chapter 1 and Chapter 3 sections 3.1 - 3.66
Events and Submissions/Topic
Module/Topic
Environment Protection and the Common Law
Chapter
Gerry Bates, Environmental Law in Australia (LexisNexis Butterworths, 10th ed, 2019) Chapter 1
Events and Submissions/Topic
Module/Topic
International Environmental Law and Federal
Governance
Chapter
Gerry Bates, Environmental Law in Australia (LexisNexis Butterworths, 10th ed, 2019) Chapters 2 and 3
Events and Submissions/Topic
Module/Topic
Revision
Chapter
Events and Submissions/Topic
Module/Topic
Environmental Legislation/Ecologically Sustainable Development
Chapter
Gerry Bates, Environmental Law in Australia (LexisNexis Butterworths, 10th ed, 2019) Chapter 1 sections 1.83 - 1.94 and Chapter 4, in particular sections 4.14 - 4.40 and 4.57 - 4.74
Events and Submissions/Topic
Module/Topic
Strategic Environmental Planning and Assessment
Chapter
Gerry Bates, Environmental Law in Australia (LexisNexis Butterworths, 10th ed, 2019), Chapter 5, in particular sections 5.29 - 5.41; 5.66 - 5.76 and 5.100 - 5.102
Events and Submissions/Topic
Module/Topic
Revision
Chapter
Events and Submissions/Topic
Module/Topic
Environmental Impact Assessment
Chapter
Gerry Bates, Environmental Law in Australia (LexisNexis Butterworths, 10th ed, 2019) Chapter 5, in particular sections 5.103 - 5.116; 5.141 - 5.152 and 5.177 - 5.188
Events and Submissions/Topic
Module/Topic
Chapter
Gerry Bates, Environmental Law in Australia (LexisNexis Butterworths, 10th ed, 2019), generally Chapters 6,7,8 and 9, in particular Chapter 7 sections 7.1 - 7.15 and Chapter 10 sections 10.87 - 10.93
Events and Submissions/Topic
Module/Topic
Environmental Litigation – Civil Law
Chapter
Gerry Bates, Environmental Law in Australia (LexisNexis Butterworths, 10th ed, 2019) Chapter 12
Events and Submissions/Topic
Module/Topic
Environmental Litigation – Criminal Law
Chapter
Gerry Bates, Environmental Law in Australia (LexisNexis Butterworths, 10th ed, 2019) Chapter 11
Events and Submissions/Topic
Module/Topic
Challenging Environmental Decision-making /ADR
Chapter
Gerry Bates, Environmental Law in Australia (LexisNexis Butterworths, 10th ed, 2019) Chapter 12 and Chapter 13
Events and Submissions/Topic
Module/Topic
Review
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Overview of the objectives for this exercise
The assessment is made up of two tasks. For task 1, you are required to read an environmental law case and answer questions about your understanding of the facts, legal issues and reasoning applied by the court in its decision, and also you are required to undertake research on why this case is significant in the development of environmental law. For task 2, you are required to answer a question about an environmental legal issue.
Full details of the assessment will be provided on the Moodle site early in the term.
Week 5 Wednesday (14 Dec 2022) 11:45 pm AEST
Vacation Week Wednesday (28 Dec 2022)
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.
The following criteria will be relevant to the written assessment:
- Knowledge of law, especially core concepts
- Where research is required, effectiveness of research in acquiring such knowledge
- Correctness of referencing to the standard required by the assessment
- Analysis and critical thinking, including application of law to facts and/or projecting possible fact scenarios arising from the law
- Logical and coherent presentation of arguments/analysis with appropriate structure
- Attention to the requirements of the question, including addressing the questions as specified and avoiding irrelevant diversions or regurgitation of law without any connection with the question or the analysis.
- Present your paper in a professional manner
- 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
Assessment 2 is made up of two tasks. For task 1, you are required to consider an environmental impact assessment application and answer questions to demonstrate your understanding of the relevant environmental impact assessment regulatory framework. For task 2, you are required to answer a question about an environmental legal issue.
Full details of the tasks will be provided on the Moodle site early in the term.
Week 8 Friday (13 Jan 2023) 11:45 pm AEST
Week 10 Friday (27 Jan 2023)
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.
The following criteria will be relevant to the written assessment:
- Knowledge of law, especially core concepts
- Where research is required, effectiveness of research in acquiring such knowledge
- Correctness of referencing to the standard required by the assessment
- Analysis and critical thinking, including application of law to facts and/or projecting possible fact scenarios arising from the law
- Logical and coherent presentation of arguments/analysis with appropriate structure
- Attention to the requirements of the question, including addressing the questions as specified and avoiding irrelevant diversions or regurgitation of law without any connection with the question or the analysis.
- Present your paper in a professional manner
- 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
This final written assessment will include a practical scenario which will require you to analyse and provide advice to nominated entities and also answer a number of theoretical questions. This assessment is designed to assess your learning of the unit as a whole.
Full details of the assessment will be provided on the Moodle site during the term.
Exam Week Monday (13 Feb 2023) 11:45 pm AEST
Marks will only be available on certification of grades.
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.
The following criteria will be relevant to the written assessment:
- Knowledge of law, especially core concepts
- Where research is required, effectiveness of research in acquiring such knowledge
- Correctness of referencing to the standard required by the assessment
- Analysis and critical thinking, including application of law to facts and/or projecting possible fact scenarios arising from the law
- Logical and coherent presentation of arguments/analysis with appropriate structure
- Attention to the requirements of the question, including addressing the questions as specified and avoiding irrelevant diversions or regurgitation of law without any connection with the question or the analysis.
- Present your paper in a professional manner
- 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?
