Outline

Overview

This unit will provide a framework for understanding contemporary environmental issues, outline the sources of environmental law and provide an overview of the different approaches to both global and domestic environmental regulation before examining a range of topical areas, including climate change, water management, mining , pollution control, waste management, environmental planning, development control and environmental impact assessment. Overarching themes will include the implications of state sovereignty for global environmental protection, the challenges of giving effect to the principles of environmentally sustainable development through legal structures and processes, the effects of scientific uncertainty on environmental regulation, and the importance of public participation for making the value judgements required in environmental governance.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	LAWS2010
Prohibitions ?	LAWS5130
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Katherine Owens, kate.owens@sydney.edu.au

Assessment

The census date for this unit availability is 2 September 2024

Details
Criteria

Type	Description	Weight	Due	Length
Creative assessment / demonstration	Mini-conference abstract and peer review Draft submission	0%	Mid-semester break Due date: 04 Oct 2024 at 09:00 Closing date: 25 Oct 2024	750 words
Outcomes assessed:
Assignment	Reflection 1 (10%) Written reflection	10%	Week 09 Due date: 23 Sep 2024 at 09:00 Closing date: 07 Oct 2024	500 words / 8 weeks
Outcomes assessed:
Assignment	Research essay (50%) Written essay	50%	Week 09 Due date: 23 Sep 2024 at 09:00 Closing date: 07 Oct 2024	3000 words / 8 weeks
Outcomes assessed:
Creative assessment / demonstration	Mini-conference abstract and peer review (5%) Final submission	5%	Week 12 Due date: 25 Oct 2024 at 09:00 Closing date: 08 Nov 2024	750 words
Outcomes assessed:
Creative assessment / demonstration	Mini-conference In-class presentation (25%) Conference presentation based on group collaboration	25%	Week 13 Due date: 29 Oct 2024 at 09:00 Closing date: 30 Oct 2024	15 minutes plus 5 minutes for Q&A
Outcomes assessed:
Assignment	Reflection 2 (10%) Individual reflection on the Mini-conference process and task allocation	10%	Week 13 Due date: 01 Nov 2024 at 09:00 Closing date: 15 Nov 2024	750 words / 13 weeks
Outcomes assessed:

Assessment summary

Research Essay (50%)

The Research Essay is designed to facilitate a detailed and critical analysis of a specific international and/or national environmental issue. This task aligns with the unit’s objectives by enhancing your research skills in the field of environmental law and fostering the development of coherent, persuasive arguments presented in a scholarly manner.

Topic Selection: A list of topics will be provided during the first class.

Word Limit: The essay must not exceed 3,000 words, including footnotes.

Inclusions and Exclusions:

Included in Word Count:

Body text
Headings and sub-headings
Quotations
Anything other than numbers and citations in footnotes

Excluded from Word Count:

Bibliography
Footnote numbers
Footnote citations
Cover page
Research log

Deadline: Submit via Canvas by 9:00 AM on Monday, 23 September 2024.

Special Consideration: Grants of special consideration in relation to the Research Essay may involve the completion of another/alternative task designed to help students fulfil the learning outcomes of the original assessment.

Prohibited Assistance: The use of any assistance (human or automated) in preparing and editing this assessment task is strictly prohibited. This includes writing tools (except for spell checking).

Reflection 1 (10%)

Students must provide a personal reflection on their process of planning, organising, researching, and writing the Research Essay. The unit coordinator will provide a list of guiding questions to prompt their reflection, but this reflective exercise goes beyond merely answering a list of guiding questions; it requires students to synthesise their experiences into a coherent reflection paper.

Word Limit: The reflection should not exceed 500 words, applying the same word count rules as the Research Essay.

Deadline: Submit via Canvas by 9:00 AM on Monday, 23 September 2024.

Special Consideration: Grants of special consideration in relation to Reflection 1 may involve the completion of another/alternative task designed to help students fulfil the learning outcomes of the original assessment.

Mini-conference (30%)

The Mini-conference provides an opportunity for students to delve into group research and present their findings on specific environmental topics. Students are required to communicate and defend their perspectives on a specific problem of environmental regulation to the class.

Components:

Group Formation:
- Students will self-select into groups based on topics provided at the beginning of the course. These topics will be drawn from the seminars.
Abstract and Peer Review (5%):
- Working collaboratively, each group must prepare a draft abstract summarising the key points of their presentation.
- Draft Abstract Submission: Submit the draft abstract via Canvas by 9:00 AM on 4 October 2024.
- The abstracts will be redistributed for peer review by another topic group. That peer review will be delivered via a group discussion during class on 8 October 2024.
- Final Abstract Deadline: Submit the revised and final abstract via Canvas by 9:00 AM on 25 October 2024.
- Word Limit: The abstract should not exceed 750 words, applying the same word count rules as the Research Essay.
- Prohibited Assistance: The use of any assistance (human or automated) in preparing and editing this assessment task is strictly prohibited. This includes writing tools (except for spell checking).
In-class presentation (25%):
- Date: 29 October 2024 (during class)
- Duration: 15 minutes
- After the presentation, students must answer questions from classmates and coordinators for an additional 5 minutes.
- The unit coordinator will provide a presentation guide during Week 1 to scaffold this task.
- Supporting Materials:
  - Prepare PowerPoint slides to accompany your presentation.
  - Create a bibliography to acknowledge sources used.
  - Submit PowerPoint slides and the bibliography via Canvas by 9:00 AM on 25 October 2024.
  - Students must also bring their presentation slides on a USB stick for the in-class presentation.
- Special consideration: grants of special consideration in relation to the Mini-conference assessment tasks may involve the completion of another/alternative task designed to help students fulfil the learning outcomes of the original assessment.

Reflection 2 (10%)

Each individual student will submit a concise reflection explaining how the group allocated work and collaborated.
Attach a one-page table itemising various tasks.
Deadline: Submit the Reflection via Canvas by 9:00 AM on 1 November 2024.
Word Limit: The reflection should not exceed 750 words, applying the same word count rules as the Research Essay. The word count will not include the one-page table.
Special Consideration: Grants of special consideration in relation to Reflection 2 may involve the completion of another/alternative task designed to help students fulfil the learning outcomes of the original assessment.
Prohibited Assistance: The use of any assistance (human or automated) in preparing and editing this assessment task is strictly prohibited. This includes writing tools (except for spell checking).

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	• Completely answers the question. • Contains striking originality of approach or analysis. • Demonstrates exhaustive or innovative research (where independent research required). • Exceptionally well written, structured and expressed. • Is otherwise exceptional in some way.
Distinction	75 - 84	• Completely answers the question. • Achieves a critical and evaluative approach to the issues. • Content and structure is well organised in support of the argument. • Demonstrates extensive research and analysis to support a well-documented argument. • Generally well expressed and free from errors. • Has a clear structure and is well articulated.
Credit	65 - 74	• Covers main issues fairly well in answering the question. • Contains no significant errors • Demonstrates an attempted critical approach to the issues. • Demonstrates reasonably sound research and analysis in addressing the key issues. • Has a clear structure and reasonably clear expression.
Pass	50 - 64	• Identifies the key issues, but does not follow through with a reasoned argument. • Contains some significant errors. • Displays satisfactory engagement with the key issues. • Offers descriptive summary of material relevant to the question. • Superficial use of material, and may display a tendency to paraphrase. • Demonstrates little evidence of in-depth research or analysis. • Adequate expression. • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	• Does not answer the question. • Contains significant or numerous errors. • Few or no identifiable arguments. • Content that is inappropriate or irrelevant. • Lack of research or analysis. • Difficult or impossible to understand through poor grammar, expression or structure. • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after 9.00am, but before the same time the following day will attract a 10% penalty. Penalties for late submission will be applied strictly, subject to a 5 minute grace period .

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week 01	The Nature of Environmental Law	Seminar (3 hr)
Week 02	International dimensions	Seminar (4 hr)
Week 03	Federal/State relations	Seminar (3 hr)
Week 04	Climate change and international law	Seminar (3 hr)
Week 05	Australia's legal responses to climate change	Seminar (3 hr)
Week 06	Water law	Seminar (3 hr)
Week 07	Environmental courts and decision-making	Seminar (3 hr)
Week 08	Pollution	Seminar (3 hr)
Week 09	Environmental planning and development assessment	Seminar (3 hr)
Week 10	Environmental planning and development assessment	Seminar (3 hr)
Week 11	Environmental impact assessment (NSW)	Seminar (3 hr)
Week 12	Environmental impact assessment (Cth)	Seminar (3 hr)
Week 13	Mini-conference	Seminar (3 hr)

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Library Reading List tab, available on Canvas.

The prescribed text is:

Rosemary Lyster, Zada Lipman, Nicola Franklin, Graeme Wiffen, Linda Pearson Environmental and Planning Law in New South Wales (5th ed., Federation Press, Sydney: 2021).

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. critically analyse and integrate diverse perspectives from First Nations, scientific research, economic theories, and social sciences to comprehensively understand environmental problems, identify sources of environmental law, address ethical issues in environmental contexts, and evaluate various approaches to environmental regulation.
LO2. critically evaluate the influence of international environmental law on the development of Australian environmental law
LO3. identify, interpret, and apply the foundational principles of environmental law, and articulate their role in the evolution and development of environmental law frameworks
LO4. understand, analyse, and evaluate the framework and functioning of laws related to climate change, pollution control, water management, environmental planning, development regulation, and environmental impact assessment
LO5. communicate and defend personal perspectives on topical environmental issues and environmental regulation by employing sound and logically structured legal argument and be prepared to share these with diverse audiences
LO6. apply relevant legal research methodologies to investigate topical environmental issues, appropriately synthesising primary and secondary sources and presenting findings in a balanced and scholarly manner.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

changes to assessments

Additional information

Resources - Sydney Law Students

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

LAWS3430: Environmental Law

Semester 2, 2024 [Normal evening] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Research Essay (50%)

Reflection 1 (10%)

Mini-conference (30%)

Components:

Reflection 2 (10%)

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

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Media

Student links

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