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Unit outline_

LAWS5207: Energy Law: Renewables and Emerging Tech

Intensive April, 2023 [Normal day] - Camperdown/Darlington, Sydney

The mass commercialisation and uptake of renewable energy will be one of the most significant developments in the 21st century in terms of transforming both the industrial sector and daily life. The shift away from fossil fuels is already noticeable, with net investment in new renewable energy generation now exceeding that for fossil fuels. This unit explores the legal challenges associated with the increased uptake of renewable energy and emerging energy technologies. It considers approaches to electricity market design, and considers whether regulatory intervention in the market is warranted. Given the international nature of the renewable energy sector, students will explore and evaluate the effectiveness of the laws and policy approaches of different countries in promoting the increased deployment of renewable energy. Throughout this unit students will also have the opportunity to explore the issues that may arise throughout the life of a new renewable energy project, including environment and planning disputes, competition law issues, the need to successfully negotiate with key stakeholders, and to consider creative solutions to addressing them.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS5002
Corequisites
? 
None
Prohibitions
? 
LAWS3507
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Penelope Crossley, penelope.crossley@sydney.edu.au
Type Description Weight Due Length
Supervised test
? 
hurdle task
In-semester test
Written exam - writing time 1 hour and reading time 30 minutes
40% Week 06
Due date: 31 Mar 2023 at 09:30
1 hour
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Assignment hurdle task Short release assignment
Short answer questions and some hypothetical problem/essay questions.
60% Week 10
Due date: 15 May 2023 at 12:00

Closing date: 22 May 2023
6 working days
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8
hurdle task = hurdle task ?

Assessment summary

In-semester test - 1 hour writing time and 30 mins reading time (40%): This will be a closed book test examining the material from the first 2 weeks of classes. It may consist of short answer questions, true/false questions, multiple choice questions and hypothetical problem style questions. The test will be on 31 March 2023 at 9:30am (Sydney, Australia time). The outcome of a successful Special Consideration application is a replacement test / viva voce. 

Assignment (Short release) (60%): This assessment consists of a 15 page (arial, 12 font, double spaced, standard paragraph spacing, no kerning, and normal word margins) assignment (word limit includes references). It is based on the content taught throughout the entire course (all topics, lectures and skills sessions are examinable). The questions will be released to students on Canvas site at 5pm on Friday 5th May 2023 (Sydney, Australia time) and the assessment is due at 12 noon (midday) on Monday 15th May 2023 (Sydney, Australia time). The outcome of a grant of special consideration application will be a viva voce or an alternative assessment task, at the sole discretion of the Unit Coordinator. 

Word Limit Penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).

Use of editors or proof-readers: The use of editors is not permitted.

Assessment requirement to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (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 a 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, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after (due time) but by 11.59pm on the due date will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. A submission on the following day after midnight will attract a 30% penalty, and so on. Late penalties will be strictly applied. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission. Late penalties do not apply to test.

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.

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.

WK Topic Learning activity Learning outcomes
Ongoing Class 1: Introduction and Energy Fundamentals Seminar (2 hr) LO1
Class 2: What is Energy Law? Seminar (2 hr) LO1 LO2 LO3
Class 3: The Economic Foundations to Energy Law Seminar (2 hr) LO1 LO2 LO3
Class 4: Defining the problem and the solution: What do we mean by “renewable energy?” Seminar (2 hr) LO1 LO3 LO6 LO8
Class 5: The Australian Energy Mix and Renewable Energy Technologies Seminar (2 hr) LO1 LO3 LO4 LO5 LO6
Class 6: The Energy Market as an Exercise in Cooperative Federalism: The Constitutional Problem Seminar (2 hr) LO1 LO3 LO5 LO6
Class 7: The National Electricity Market (and National Electricity Law) and Power Sector Reforms Seminar (2 hr) LO1 LO3 LO5 LO6 LO8
Class 8: The Role of Renewables in International Energy Markets: the European Union Seminar (2 hr) LO1 LO3 LO4 LO5 LO6
Class 9: The Role of Renewables in International Energy Markets: Africa Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO8
Class 10: Should we regulate for renewables and emerging technologies? Seminar (2 hr) LO1 LO2 LO3 LO4 LO6 LO8
Class 11: Why do countries regulate to support renewable and emerging technologies? Seminar (2 hr) LO1 LO3 LO4 LO6
Class 12: Introduction to the regulatory support schemes designed to accelerate deployment of renewable energy Seminar (2 hr) LO1 LO2 LO3 LO6
Class 13: Renewable portfolio standards, feed-in tariffs, tax incentives and other schemes Seminar (2 hr) LO1 LO2 LO3 LO6
Class 14: The Regulatory Support Mechanisms and International Trade Disputes post Global Financial Crisis and COVID Seminar (2 hr) LO3 LO6 LO8
Class 15: Energy Storage Law Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO8
Class 16: Current issues in the renewable energy sector in Australia and internationally Seminar (2 hr) LO6 LO8
Skills Development Exercise 1 Workshop (1 hr) LO1 LO3 LO6 LO7 LO8
Skills Development Exercise 2 Workshop (1 hr) LO3 LO4 LO6 LO7 LO8
Skills Development Exercise 3 Workshop (1 hr) LO2 LO3 LO4 LO6 LO7 LO8
Skills Development Exercise 4 Workshop (1 hr) LO1 LO6 LO7 LO8
Skills Development Exercise 5 Workshop (1 hr) LO6 LO7 LO8
Skills Development Exercise 6 Workshop (1 hr) LO1 LO4 LO6 LO7
Skills Development Exercise 7 Workshop (1 hr) LO1 LO3 LO4 LO6 LO7
Skills Development Exercise 8 Workshop (1 hr) LO1 LO4 LO6 LO7
Skills Development Exercise 9 Workshop (1 hr) LO1 LO4 LO6 LO7 LO8
Skills Development Exercise 10 Workshop (1 hr) LO1 LO4 LO5 LO6 LO7 LO8
Skills Development Exercise 11 Workshop (1 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study.  Failure to meet this requirement may result in a student being precluded from sitting 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, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376  

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

Detailed information for each assessment can be found on Canvas.

Recommended text: Penelope Crossley, Renewable Energy Law: An International Assessment, Cambridge University Press, 2019. 

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.

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

  • LO1. explain the specific legal issues posed by renewable energy sources and emerging energy technologies
  • LO2. understand the theoretical reasons for regulatory intervention or non-intervention in the energy market to support those energy sources
  • LO3. compare the approaches of different states to the exploitation of their renewable energy sources, and the different legal vehicles used to support and control the involvement of public and private capital involved in this task
  • LO4. identify the problems that may arise at each stage of the project development including environmental approvals, public consultations, and negotiating with incumbent market players and to analyse legal solutions
  • LO5. outline the current legal and economic approaches to electricity market governance and design, and critically analyse their ongoing relevance in the context of the energy transition
  • LO6. consider how legal regimes for renewable energy and emerging energy technologies may be evaluated in terms of political, commercial and legal risks, including the risk of international trade disputes.
  • LO7. critically apply the acquired legal knowledge and skills to novel problem scenarios affecting renewable energy and emerging technology projects
  • LO8. identify opportunities to reform the law to improve outcomes for energy consumers and industry and create policy and law reform submissions to affect positive change to the energy sector

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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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

Staff in this unit are responsive to student feedback and regularly update the course structure and content in line with that feedback.

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.