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Unit Synopsis
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
| Level | Undergraduate |
|---|---|
| Unit Level | 2 |
| Credit Points | 6 |
| Student Contribution Band | SCA Band 4 |
| Fraction of Full-Time Student Load | 0.125 |
| 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). |
| Class Timetable | View Unit Timetable |
| Residential School | No Residential School |
Unit Availabilities from Term 3 - 2019
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Term 3 - 2021 Profile
Term 3 - 2022 Profile
Term 3 - 2024 Profile
Term 3 - 2025 Profile
Term 2 - 2026 Profile
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.
Assessment Tasks
| Assessment Task | Weighting |
|---|---|
| 1. Written Assessment | 25% |
| 2. Written Assessment | 25% |
| 3. Written Assessment | 50% |
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%).
Past Exams
All University policies are available on the Policy web site, however you may wish to directly view the following policies below.
This list is not an exhaustive list of all University policies. The full list of policies are available on the Policy web site.
No previous feedback available
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.
Source: Student emails and student evaluation
Students have raised the issue they would like more time in advance to view the assessment items.
In future terms, I will look to releasing the assessment items significantly earlier than in the past.
The assessments were released early.
Source: Self-reflection and student evaluations.
Students struggle with theory and with the relevance of theory to practice.
I will revise the learning materials to recalibrate the balance in favour of reducing the theoretical content.
The learning materials were fully revised by a new teacher.
Source: Student feedback
Assessments need to be clearly relevant to practice.
The unit should be reviewed to identify opportunities to highlight and introduce practical applications.
In Progress
Source: Student feedback.
Some students struggle to understand what is required in the assessments.
The support for assessments should be reviewed to provide greater scaffolding.
In Progress
On successful completion of this unit, you will be able to:
- 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.
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Written Assessment | • | • | • | • |
| 2 - Written Assessment | • | • | • | • |
| 3 - Written Assessment | • | • | • | • |
| Graduate Attributes | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Communication | • | |||
| 2 - Problem Solving | • | • | • | • |
| 3 - Critical Thinking | • | • | • | • |
| 5 - Team Work | • | |||
| 8 - Ethical practice | • | |||
| Assessment Tasks | Graduate Attributes | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 10 | |
| 1 - Written Assessment | • | • | • | ||||||||
| 2 - Written Assessment | • | • | • | ||||||||
| 3 - Written Assessment | • | • | • | ||||||||