Environmental and Planning Law (11264.1)
| Available teaching periods | Delivery mode | Location |
|---|---|---|
| View teaching periods | On-Campus |
Bruce, Canberra |
| EFTSL | Credit points | Faculty |
| 0.125 | 3 | Faculty Of Business, Government & Law |
| Discipline | Study level | HECS Bands |
| Canberra Law School | Level 3 - Undergraduate Advanced Unit | 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 outcomes
Students 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 attributes
1. UC graduates are professional - communicate effectively1. 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
2. UC graduates are global citizens - think globally about issues in their profession
2. UC graduates are global citizens - understand issues in their profession from the perspective of other cultures
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. UC graduates are lifelong learners - be self-aware
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development
Skills development
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.
Prerequisites
Must have passed 24 credit points of university study.Corequisites
None.Equivalent units
7907 Environmental and Planning LawAssumed knowledge
None.| Year | Location | Teaching period | Teaching start date | Delivery mode | Unit convener |
|---|---|---|---|---|---|
| 2024 | Bruce, Canberra | Semester 1 | 05 February 2024 | On-Campus | Dr Evan Hamman |
Required texts
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"]
Recommended texts (students are not expected to buy recommended texts) –
- Alan Boyle and Catherine Redgwell, International Law and the Environment, Fourth Edition, 2021, OUP. {or}
- Pierre-Marie Dupuy, Jorge E. Viñuales. International Environmental Law, 2nd edition, 2019, Cambridge Univ. Press.
- Elizabeth Fisher. Environmental law: a very short introduction, Oxford, Oxford University Press, 2017.
- Ed Couzens, Jeff Smith, Rosemary Lyster, Susan O'Neill, Zada Lipman, Environmental and Planning Law in New South Wales, 5th edition, 2021, 992 pp.
- Camilla Taylor (ed), ACT Environmental Law Handbook (Environmental Defender's Office (ACT), 3rd ed, 2015) [abbr. "EDO Text"]
- 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)
- Michael Faure, (ed.) Elgar Encyclopedia of Environmental Law series. Includes titles such as:
- Lee Paddock, Robert L. Glicksman, and Nicholas S. Bryner (eds.) Decision Making in Environmental Law, 2016.
- Lee Paddock, David L. Markell, Steven M. Goldstein and Nicholas S. Bryner (eds.) Compliance and Enforcement of Environmental Law, 2017.
- Kenneth R. Richards, and Josephine van Zeben (eds.) Policy Instruments in Environmental Law, 2020.
- Martha M. Roggenkamp, Kars J. de Graaf, and Ruven C.Fleming (eds.) Energy Law, Climate Change and the Environment, 2021.
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 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 on Canvas.
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
Supplementary assessment
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.
Academic integrity
Students have a responsibility to uphold University standards on ethical scholarship. Good scholarship involves building on the work of others and use of others' work must be acknowledged with proper attribution made. Cheating, plagiarism, and falsification of data are dishonest practices that contravene academic values. Refer to the University's Student Charter for more information.
To enhance understanding of academic integrity, all students are expected to complete the Academic Integrity Module (AIM) at least once during their course of study. You can access this module within UCLearn (Canvas) through the 'Academic Integrity and Avoiding Plagiarism' link in the Study Help site.
Use of Text-Matching Software
The University of Canberra uses text-matching software to help students and staff reduce plagiarism and improve understanding of academic integrity. The software matches submitted text in student assignments against material from various sources: the internet, published books and journals, and previously submitted student texts.
5g 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.
Participation requirements
In Semester One of 2022, due to COVID-19, this unit may be delivered in remote access mode (and possibly hybrid mode) using synchronous (real time) video conferencing on the UCLearn platform.
If there is a return to teaching face to face during Semester One of 2022, there will still be the opportunity to participate remotely.
Students are expected to attend and participate in lectures and workshops via the online mode of delivery.
Reading and preparation in advance: Students are expected to prepare for and participate in the lectures and tutorials. At a minimum, the prescribed reading for a topic should be done in advance of the lecture and the tutorials. For educational design reasons, this unit operates under the "flipped classroom" method – where the reading prescribed for a topic should be done in advance of the lecture or tutorial. This is designed to enable higher level thinking, discussion and learning to occur in the lectures and tutorials - which should then be more interactive if students have done adequate preparation in advance.
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.
Classes with videoconference software
Students will also need to learn to use and participate in the University's internet video conferencing platform, accessible through UCLearn portal.
There will be live Lectures in Canvas using the Virtual Room (Blackboard Collaborate Ultra).
Students should prepare in advance in terms of equipment and location, as their participation will be more effective with:
* a high speed broadband internet connection
* A location where you can participate in online classses without interruption.
* Place your phone on "do not disturb" or silent so that calls and notifications do not come through during your class. Preferably do not have your phone switched on so that you do not get distracted.
* a microphone and headphones/headset/earphones
* a device with a camera connected ideally a desktop, laptop or tablet computer rather than a mobile telephone.
An important resource for IT and academic study skills, is the Learning & Academic Success Network: https://www.canberra.edu.au/current-students/canberra-students/student-support/study-skills
In-unit costs
None.
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).
Additional information
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.
