Skip to main content
Unit outline_

LAWS6044: Environmental Law and Policy

Intensive March, 2020 [Block mode] - Camperdown/Darlington, Sydney

The aim of the unit is to introduce students to overarching themes in environmental law and policy as a foundation to their more detailed studies for the Environmental Law Program. This is an overview unit addressing a number of environmental issues at various levels of analysis; such as policy making, implementation of policy and dispute resolution. The concept of ecologically sustainable development and its implications for environmental law and policy is a continuing theme. The unit is designed to develop multi-dimensional thinking about environmental issues and the strategies needed to address them. The unit provides a broad background of the political and economic issues in so far as they are related to the legal issues involved.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS3430 or LAWS5130
Assumed knowledge
? 

LAWS6252 or law degree from a common law jurisdiction

Available to study abroad and exchange students

No

Teaching staff

Coordinator Katherine Owens, kate.owens@sydney.edu.au
Guest lecturer(s) Gerry Bates, gerry.bates@sydney.edu.au
Type Description Weight Due Length
Assignment hurdle task Essay
Research essay
40% Week 08
Due date: 20 Apr 2020 at 16:00
3000wd
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8 LO9 LO10 LO11
Assignment hurdle task Problem question assignment
Written task
60% Week 14 (STUVAC)
Due date: 01 Jun 2020 at 16:00
5000 words
Outcomes assessed: LO5 LO11 LO10 LO9 LO7
hurdle task = hurdle task ?

Assessment summary

The assessment regime comprises a 40% essay; and a problem question assignment, worth 60%. 

The essay is designed to demonstrate your scholarship in using environmental law materials, and display an ability, using relevant statutory provisions, case-law and journal articles, to critically engage with one of the main subject areas identified in the course outline; for example, environmental planning, biodiversity, pollution and waste, litigation and dispute resolution.

The problem question requires you to apply the materials provided during the unit of study to the facts of a hypothetical yet realistic ‘real life’ situation, using relevant legislation and case-law, to assess legal liability for a range of scenarios, and expected legal outcomes.

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 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.
  • Demonstrates the minimum level of competence and satisfies the requirements to proceed to higher-level studies.

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.

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 Part A: Creation of Environmental Laws A brief history; the social and governmental context; influence of the common law; the influence of international law; the concept of sovereignty; Commonwealth and State powers and roles; co-operative federalism; specialist environmental courts and tribunals; the roles of the judiciary. Block teaching (10 hr) LO1 LO2 LO3 LO4 LO5 LO11
Part B: Implementation and Application of Environmental Laws The structure of environmental laws; regulatory tools for implementation of environmental policies; Ecologically Sustainable Development; environmental planning; development control; environmental assessment of projects and activities; protection of biodiversity; pollution and waste. Block teaching (10 hr) LO4 LO5 LO6 LO7 LO8 LO11
Part C: Enforcement of Environmental Laws Civil and criminal enforcement; judicial and merits review; administrative powers of regulators; personal criminal liability; liability of corporations; directors’ liability; citizen enforcement; remedies; costs. Block teaching (10 hr) LO4 LO9 LO10 LO11

Attendance and class requirements

Attendance: All students are required to attend 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 sitting the final assessment. For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Word count 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 bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

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

Bates, G,, Environmental Law in Australia, LexisNexis (10th ed, 2019)

or

Lyster et al, Environmental Planning and Assessment Law in New South Wales, Federation Press (4th ed, 2016)

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. understand how to find and use environmental law materials including legislation, case-law and journal articles
  • LO2. distinguish between the various sources of environmental law and policy
  • LO3. recognise the influence of the common law and of international environmental law to the development of Australian law
  • LO4. discuss the social and economic context in which environmental law and policy has to be made and recognise the various pressures and influences on the search for optimal environmental protection laws
  • LO5. appreciate the relationship between Commonwealth and State and Territory responsibilities for the creation and implementation of environmental law and policy
  • LO6. discuss the structure of environmental laws and recognise the different methods, both regulatory and incentive based, that may be used to implement environmental policy
  • LO7. discuss the important role that principles of sustainable development play in shaping government policy, environmental laws and dispute resolution and enforcement in courts and tribunals
  • LO8. discuss how the use and development of land and other natural resources must be environmentally planned and assessed before decisions are made; and how resources should be managed
  • LO9. understand how environmental laws may be enforced through criminal, administrative and civil remedies
  • LO10. understand the different ways in which environmental disputes may be resolved through merits and judicial review and alternative dispute resolution
  • LO11. appreciate the role of the NSW Land and Environment Court, and courts and tribunals in other jurisdictions, in not only enforcing the law but guiding the development of environmental decision-making

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.

No changes

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.