Outline

Overview

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	Rosemary Lyster, rosemary.lyster@sydney.edu.au

Type	Description	Weight	Due	Length
Assignment	Optional Research Assignment outline for self-selected topic (0%)(short-release) Written task	0%	Week 06 Due date: 01 Apr 2023 at 16:00 Closing date: 01 Apr 2023	500 words / 5 working days
Outcomes assessed:
Assignment	Essay Question (40%) Essay question	40%	Week 08 Due date: 22 Apr 2023 at 16:00 Closing date: 06 May 2023	3,000 words / 4 weeks
Outcomes assessed:
Assignment	Research Assignment (60%) Written task	60%	Week 11 Due date: 13 May 2023 at 16:00 Closing date: 27 May 2023	5,000 words / 7 weeks
Outcomes assessed:
= hurdle task ?

Assessment summary

Essay Question (40%)

The 3,000 word essay question requires you to apply the materials provided during the unit of study to address a question that tests your knowledge about the origins, breadth and effectiveness of environmental law. The question will be released on Saturday 25 March 2023 and must be submitted to the unit’s Canvas assignment dropbox by Saturday 22 April 2023 at 16:00 (Sydney, Australia time). The outcome of a grant of Special Consideration application may include an alternative task, at the discretion of the Unit Convenor.

Research Assignment (60%)

A 5,000 word research assignment 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 essay questions will be released on Saturday 25 March 2023 and must be submitted to the unit’s Canvas assignment dropbox by Saturday 13 May 2023 at 16:00 (Sydney, Australia time). The outcome of a grant of Special Consideration application may include an alternative task, at the discretion of the Unit Convenor.

Optional Research Assignment Outline for self-selected topic (no weighting)

If a student wishes to write a research assignment on a topic of their own choosing, they must submit a 500 word outline to explain how they intend to proceed with their topic. The topic and content must be submitted to the Unit Coordinator via the unit’s Canvas assignment dropbox by Saturday 1 April 2023 at 16:00 (Sydney, Australia time).

Use of editors or proof-readers

The use of assistance in preparing and editing assessment tasks in this unit of study is permitted on condition that all sources of assistance are expressly acknowledged and identified in a footnote at the start of the task. Academic Integrity Policy 2022 Clause 16 restricts allowable assistance to copy-editing, proof-reading, advice about structure, grammar, syntax, clear language, etc. Sources of assistance may include other people and automated writing tools. When acknowledging a source of assistance, you must state the name of the person or software, a brief description of the nature of the assistance, and the person’s current or former area of specialization or expertise (where relevant) 16(6)(b).

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 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, 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 4pm but before the same time the following day will attract a 10% penalty.

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.

Weekly schedule

WK	Topic	Learning activity
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)
	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)
	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)

Attendance and class requirements

Attendance: All students are required to attend all scheduled sessions, unless otherwise exempted by the Unit Convenor. 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

Chief Justice Brian J. Preston ‘The End of Enlightened Environmental Law?’ https://lec.nsw.gov.au/documents/speeches-and-papers/Preston_CJ_-_The_End_of_Enlightened_Environmental_Law_-_20.11.19.pdf

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. 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
Learning outcomes

Responding to student feedback

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

No changes have been made since this unit was last offered.

Additional information

You will find it useful to consult one of these recommended texts from time to time to assist your understanding of fundamental principles of environmental law:

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

Lyster et al ‘Environmental and Planning Law in NSW’ 5th ed 2021 (Federation Press)

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

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

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

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6044: Environmental Law and Policy

Intensive April, 2023 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

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

On this page

Useful links

Media

Student links

About us

Connect