Environmental and Planning Law (11264.1)
|Available teaching periods||Delivery mode||Location|
|View teaching periods|| Flexible
|| UC - Canberra, Bruce
|0.125||3||Faculty Of Business, Government & Law|
|Discipline||Study level||HECS Bands|
|Canberra Law School||Level 3 - Undergraduate Advanced Unit|| Band 3 2013-2020 (Expires 31 Dec 2020)
Band 4 2021 (Commenced After 1 Jan 2021)
Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905)
Band 5 2021 (Commenced Before 1 Jan 2021)
Learning outcomesStudents who complete this unit will:
1. Understand the nature and sources of the law, its administration and interpretation generally, and specifically the law relating to environmental protection and land use planning;
2. Understand relevant aspects of Constitutional Law, Administrative Law, Property Law and Law of Tort at an introductory level;
3. Understand the frameworks within which environmental and planning legislation operates at the Local, State/Territory, National and International levels;
4. Be able to explain the key areas of environmental and planning law:
a. Common Law protections,
b. Environmental aspects of Planning Law,
c. Environmental Impact Assessment,
d. Preservation of heritage,
e. Conservation of nature,
f. Environmental discharge licensing systems and
g. Compare and contrast the ways in which they may be enforced;
5. Be able to apply the key areas of environmental and planning law to factual case studies in the area; and
6. Be able to reflect critically on the operation of environmental and planning law, the legal responsibilities of citizens in regard to environmental matters and directions for reform of this area of law in light of the environmental challenges of today.
Graduate attributes1. UC graduates are professional - communicate effectively
1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - take pride in their professional and personal integrity
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
1. UC graduates are professional - work collaboratively as part of a team, negotiate, and resolve conflict
2. UC graduates are global citizens - adopt an informed and balanced approach across professional and international boundaries
2. UC graduates are global citizens - behave ethically and sustainably in their professional and personal lives
2. UC graduates are global citizens - communicate effectively in diverse cultural and social settings
This unit facilitates and nurtures student acquisition of all of the Graduate Attributes, although not all of them will be subject to examination in the assessment tasks of the unit.
PrerequisitesMust have passed 24 credit points of university study.
|Year||Location||Teaching period||Teaching start date||Delivery mode||Unit convener|
|2022||UC - Canberra, Bruce||Semester 1||07 February 2022||Flexible||Prof Alison Gerard|
Prescribed texts (it is strongly recommended that you have your own copies of these texts) –
- Gerry Bates, Environmental Law in Australia (LexisNexis Butterworths, 10th ed, 2019) [abbr. "Bates"]
- Camilla Taylor (ed), ACT Environmental Law Handbook (Environmental Defender's Office (ACT), 3rd ed, 2015) [abbr. "EDO Text"]
Recommended texts (students are not expected to buy recommended texts – there are multiple copies on short term loan in the library that you can use to follow up points of interest or get another perspective) –
- Alan Boyle and Catherine Redgwell, Birnie, Boyle and Redgwell's International Law and the Environment (Oxford University Press, 4th ed, 2018)
- Mandy Elliott, Environmental Impact Assessment in Australia - Theory and Practice (Federation Press, 6th ed, 2014)
- David Farrier and Paul Stein, The Environmental Law Handbook – Planning and Land Use in NSW (Thomson-Reuters, Peter Williams (ed), 6th ed, 2015)
- Rosemary Lyster, et al, Environmental & Planning Law in New South Wales (Federation Press, 4th ed, 2016)
- Leslie A Stein, Principles of Planning Law (Oxford University Press, 2008)
Submission of assessment items
Extensions & Late submissions
To obtain a pass in Environmental & Planning Law you must successfully complete each of the three assessment items, pass the end of semester examination and achieve a total mark of at least 50%.
Student achievement in the unit will be evaluated beside the learning outcomes of the unit (set out above at § 2a) and the assessment criteria set out in the MS-Word version of this unit outline.
Special assessment requirements
Special assessment, such as extensions and special conditions, should be applied for in writing or email, supported by a justification and evidence.
You are advised to consult the Inclusion and Welfare unit if your claim is based on illness, personal hardship or disability: Inclusion and Welfare
The University of Canberra policy on supplementary assessment applies: Supplementary Assessment Policy. To be eligible for supplementary assessment, a student must: be enrolled in their final semester of study; have failed a single unit, with a final mark between 45-49% in the unit; and have passed all other units undertaken in that semester. The failed unit must be the final unit required to complete the academic requirements of their course.
Use of text matching software
URKUND text-matching software will be used to detect plagiarism or cheating in assessment. URKUND software matches text submitted in student assignments against material from various sources: the internet, published books and journals, and text submitted by other students. It is very effective in detecting plagiarism. Click here for further information on the URKUND text-matching software.
This unit is not set up as a distance or on-line learning unit. Students are expected to prepare for and participate in the lectures and tutorials. Ideally, the prescribed reading for a topic should be done in advance of the seminar. This unit operates under the "flipped classroom" method – the reading prescribed for a topic must be done in advance of the lecture or tutorial.
Required IT skills
The unit Canvas site is a very significant medium of communication for the unit and all assessment is to be submitted in electronic form. Students need basic computer, internet and word processing skills.
If you feel that you lack these, or any other academic study skills, you should consult the Learning & Academic Success Network: https://www.canberra.edu.au/current-students/canberra-students/student-support/study-skills
Your participation can be made easier by –
- purchasing the prescribed text, instead of using a copy on three hour reserve in the library, and
- having access to computing facilities and the internet at home, instead of using only university computer labs.
Work placement, internships or practicums
This is not a WIL unit, however, experience through working or volunteering at an organisation with responsibilities in environmental areas will be extremely useful. The Environment Defenders Office (ACT), referred to above under 'Prescribed Text' is a community legal centre that helps members of the community with issues of Environmental & Planning Law. Many students in this unit have gained very valuable experience, and deeper insight into the topics of this unit, by joining and participating in the work of the EDO(ACT).
This Unit uses combined teaching. Your lectures will be combined with the parallel unit offered at PG level. However, there will be different tutorial groups and the assessment used will be different to that in the PG unit.