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 environmental 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
Anti-requisite LAWS11046.Students seeking credit for LAWS13024 Laws and the Environment based on having passed LAWS11046 will have their requests approved by the Head of Course based on the fact that LAWS11046 was taught at AQF level 7 even though it was not labelled as such. This will be evidenced by the archived LAWS11046 moodle sites and this proposal.
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 - 2024
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 Student Evaluation
Students have asked for more useful feedback & clarity of expectations.
Currently I provide oral feedback to each student on each of their assessments. In future, I will provide to the class some constructive overall feedback and assessment expectations.
Feedback from Self reflection
Students struggle with the theory of environmental law .
I will revise the reading material to balance theory with practical content. In the previous term, a new edition textbook was released only shortly before start of term, The new term will provide an opportunity to integrate this new edition textbook more thoroughly.
- 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
- Reflect on 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 - 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 - Written Assessment - 25% | ||||||||||
| 3 - Practical Assessment - 50% | ||||||||||
Textbooks
Environmental Law in Australia
Edition: 11th (2023)
Authors: Gerry Bates
LexisNexis Butterworths
Sydney Sydney , NSW , Australia
ISBN: 9780409357097
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Harvard (author-date)
For further information, see the Assessment Tasks.
a.jensen2@cqu.edu.au
Module/Topic
Introduction to Environmental Law
Chapter
Prescribed Readings - Refer to the Study Guide
Environmental Law in Australia Edition: 11th (2023) Authors: Gerry Bates LexisNexis Butterworths Sydney, NSW, Australia
Events and Submissions/Topic
Module/Topic
Environmental Governance
Chapter
Prescribed Readings - Refer to the Study Guide
Environmental Law in Australia Edition: 11th (2023) Authors: Gerry Bates LexisNexis Butterworths Sydney, NSW, Australia
Events and Submissions/Topic
Module/Topic
Influence of International Law and Federal Governance
Chapter
Prescribed Readings - Refer to the Study Guide
Environmental Law in Australia Edition: 11th (2023) Authors: Gerry Bates LexisNexis Butterworths Sydney, NSW, Australia
Events and Submissions/Topic
Module/Topic
Federal Governance and Environment Protection and Biodiversity Conservation Act 1999
Chapter
Prescribed Readings - Refer to the Study Guide
Environmental Law in Australia Edition: 11th (2023) Authors: Gerry Bates LexisNexis Butterworths Sydney, NSW, Australia
Events and Submissions/Topic
Module/Topic
Ecologically Sustainable Development
Chapter
Prescribed Readings - Refer to the Study Guide
Environmental Law in Australia Edition: 11th (2023) Authors: Gerry Bates LexisNexis Butterworths Sydney, NSW, Australia
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Planning Law
Chapter
Prescribed Readings - Refer to the Study Guide
Environmental Law in Australia Edition: 11th (2023) Authors: Gerry Bates LexisNexis Butterworths Sydney, NSW, Australia
Events and Submissions/Topic
Module/Topic
Environmental Impact Assessment
Chapter
Prescribed Readings - Refer to the Study Guide
Environmental Law in Australia Edition: 11th (2023) Authors: Gerry Bates LexisNexis Butterworths Sydney, NSW, Australia
Events and Submissions/Topic
Module/Topic
Protection of Biodiversity and Climate Change
Chapter
Prescribed Readings - Refer to the Study Guide
Environmental Law in Australia Edition: 11th (2023) Authors: Gerry Bates LexisNexis Butterworths Sydney, NSW, Australia
Events and Submissions/Topic
Module/Topic
Environmental Law Toolbox
Chapter
Prescribed Readings - Refer to the Study Guide
Environmental Law in Australia Edition: 11th (2023) Authors: Gerry Bates LexisNexis Butterworths Sydney, NSW, Australia
Events and Submissions/Topic
Module/Topic
Environmental Prosecutions
Chapter
Prescribed Readings - Refer to the Study Guide
Environmental Law in Australia Edition: 11th (2023) Authors: Gerry Bates LexisNexis Butterworths Sydney, NSW, Australia
Events and Submissions/Topic
Module/Topic
Community Litigants and ADR Procedures
Chapter
Prescribed Readings - Refer to the Study Guide
Environmental Law in Australia Edition: 11th (2023) Authors: Gerry Bates LexisNexis Butterworths Sydney, NSW, Australia
Events and Submissions/Topic
Module/Topic
Review
Chapter
Events and Submissions/Topic
Module/Topic
Review/Exam Week
Chapter
Own study
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Assessment 1
Fundamental Information as follows:
The first 25% term assignment will require you to answer a series of short-answer questions about factors that influence and inform the development of environmental law and the environmental legal system.
Week 5 Tuesday (2 Apr 2024) 11:59 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 make an application via Moodle in the appropriate manner, supported by documentation and made prior to the due time/date. Penalties will be applied according to the relevant CQU Policy.
Week 6 Friday (19 Apr 2024)
Results will be returned online
I assess students on their ability to demonstrate thinking and writing, 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. You must appropriately reference and attribute the work of others. The grades will be based on the following criteria:
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, legal principles, fundamental concepts and their 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
- Reflect on 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 Written Assessment
Assessment 2
Fundamental Information as follows:
- The second 25% term assignment will require analysis of an environmental statutory assessment and approval process. You will be required to answer a series of short answer questions. It comprises an assessment of environmental law, regulatory assessment and implementation.
Week 9 Thursday (9 May 2024) 11:59 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 make an application via Moodle in the appropriate manner, supported by documentation and made prior to the due time/date. Penalties will be applied according to the relevant CQU Policy.
Week 11 Friday (24 May 2024)
Results will be released online
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 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. The grades will be assessed on the following criteria:
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
- Reflect on the types of legal problems and issues likely to be embedded in commonly encountered environment-related activities
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
3 Practical Assessment
For the 50% practical assessment, you will be presented with a factual scenario and will be required to answer a series of questions under two tasks. The first task will involve you preparing guidance to an environmental regulator (as a longer essay style answer) on actions to be taken to ensure compliance with the environmental regulatory framework they administer. The second task will be to demonstrate your understanding of the environmental regulatory framework and associated environmental policy in which the factual scenario is based by providing short answers to a series of questions.
Further details of what is required for this assessment will be provided on Moodle closer to the submission date.
Review/Exam Week Thursday (6 June 2024) 11:59 pm AEST
Students are to submit their work via Moodle as a single MSWord (docx) file.
The result of the final assessment will not be released until certification of grades.
Weighting
50%
Assessment Criteria
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. The grades will be assessed on the following criteria:
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
- 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
- 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?
