Environmental and Planning Law PG (11457.1)
|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||Post Graduate Level|| 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)
This unit may be co-taught with the undergraduate version of the unit.
Learning outcomesAfter successful completion of this unit, students will be able to:
1. Describe and apply 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. Relate the relevant aspects of Constitutional Law, Administrative Law, Property Law and Law of Tort to environmental and planning law;
3. Identify and interpret the frameworks within which environmental and planning legislation operates at the Local, State/Territory, National and International levels;
4. Explain, compare and contrast the ways in which the key areas of environmental and planning law may be enforced: a. Common Law protections, b. environmental aspects of Planning Law, c. Environmental Impact Assessment, d. preservation of heritage, e. conservation of nature, and f. environmental discharge licensing systems;
5. Apply the key areas of environmental and planning law to factual case studies with some complexity in the area; and
6. Critically reflect 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
Students of environmental law will have the opportuntiy to develop legal knowledge and skills by building upon existing knowledge of law and environmental science/environmental policy. Graduates with knowledge of these areas are in high demand by employers across the nation and internationally.
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.
Equivalent units7908 Environmental and Planning Law G
|Year||Location||Teaching period||Teaching start date||Delivery mode||Unit convener|
|2022||UC - Canberra, Bruce||Semester 1||07 February 2022||Flexible||Dr James Prest|
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 – you can use these 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, 2021)
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 University Press, 2017).
Ed Couzens, Jeff Smith, Rosemary Lyster, Susan O'Neill, Zada Lipman, Environmental and Planning Law in New South Wales, Federation Press, 5th ed, 2021).
David Farrier and Paul Stein, The Environmental Law Handbook – Planning and Land Use in NSW (Thomson-Reuters, Peter Williams (ed), 6th ed, 2015)
Camilla Taylor (ed), ACT Environmental Law Handbook (Environmental Defender's Office (ACT), 3rd ed, 2015) [abbr. "EDO Text"]
Michael Faure, (ed.) Elgar Encyclopedia of Environmental Law series, with 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 PG you must successfully complete each of the three assessment items, pass the end of semester examination and achieve a total mark of 50% or more.
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 (see unit Canvas site).
Special assessment requirements
If you are unable to submit assessment by the due date you should consult with the unit convenor about an extension of the due date. You should do this before the due date. Applications for extensions should be made as provided below.
Unless you obtain an extension, assessment handed in late will attract a penalty of three (3) marks per day. Assessment handed in more than 7 days past the due date will not be marked. If you believe that you have a strong case to be exempted from this policy you should discuss this with the unit convenor.
Special assessment, such as extensions and special conditions, should be applied for in writing and/or by email, supported by a justification and evidence.
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.
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.
In Semester One of 2022, due to COVID-19, this unit will 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 at some stage 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
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 an Undergraduate level.
However, there will be different workshop (i.e. tutorial) groups and the assessment used will be different to that in the Undergraduate unit.