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Unit outline_

LAWS6065: Pollution, Corporate Liability and Govern

Intensive June, 2021 [Block mode] - Remote

The aim of the unit of study is to provide an introduction to the framework, concepts, sources and techniques of pollution control law and corporate environmental liability. The history and framework of international laws regulating pollution will be examined before exploring a range of legal and regulatory measures for pollution control and corporate environmental liability at both the Commonwealth level and within New South Wales. An overarching theme will be the need for effectiveness in implementation and enforcement of pollution control and governance measures that have been developed to prevent harm and promote ecologically sustainable development.

Unit details and rules

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

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Rosemary Lyster, rosemary.lyster@sydney.edu.au
Lecturer(s) Gerry Bates, gerry.bates@sydney.edu.au
Zada Lipman, zada.lipman@sydney.edu.au
Type Description Weight Due Length
Assignment Essay
Essay
90% -
Due date: 12 Jul 2021 at 16:00
8000 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
Participation hurdle task Class participation
Engagement
10% Multiple weeks n/a
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
Assignment Essay Outline
Essay Outline
0% STUVAC
Due date: 07 Jun 2021 at 16:00
400 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
hurdle task = hurdle task ?

Assessment summary

Class participation (10%): 

Students are encouraged to engage independently with the topics that are covered and are expected to have read the relevant reading materials before each session, and to be willing to contribute their own perspective on these materials. Through class participation, students should demonstrate a critical understanding of the nature of pollution problems and corporate environmental risks and corporate environmental wrongdoing.

8000 word research essay (90%): 

The objective of the research essay is to develop your ability to conduct research in the area of pollution and contaminated land, to develop a coherent argument or set of arguments, and to write clearly, concisely and persuasively in a balanced and scholarly manner. The essay should demonstrate critical engagement with a topic covered in or substantially relevant to the unit of study materials and themes, based on independent research. Students must write on a topic of their own choice. Suggestions for suitable topics may be sought from the lecturers. An outline of the essay topic (400 words) worth 0% must be submitted to the lecturer for approval by 4pm, 7 June 2021. The 8000 word essay is due by 4pm on 12 July 2021.

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

Work receiving a high distinction grade will generally exhibit the following characteristics:
• 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

Work receiving a distinction grade will generally exhibit the following characteristics:
• 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

Work receiving a credit grade will generally exhibit the following characteristics:
• 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

Work receiving a pass grade will generally exhibit the following characteristics:
• 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

Work may fail for any or all of the following reasons:
• 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 1. Introduction: history of pollution control; the common law; 2. Legislation and policy; federal/state jurisdiction; the regulatory authorities and their various roles; 3. Pollution law in practice; 3. Waste: the environmental levy and illegal dumping Lecture (6 hr)  
1. The PEOA; general scheme of control; integration with planning controls; tools for regulators; 2. Investigation and enforcement; investigative powers of officers; environment protection orders; 3. Offences; enforceable undertakings; criminal prosecution; sentencing; 4. Waste: e-waste; beverage containers; plastics; food and green waste Lecture (6 hr)  
1. Contaminated land management in NSW; 2. Case studies in contaminated land management; 3. International law Lecture (6 hr)  
1. International law: Chemicals and hazardous waste; 2. Carbon pollution litigation; 3. Corporate governance and social responsibility Lecture (6 hr)  

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.

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

All readings for this unit can be accessed through the Study Guide, available on Canvas

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. demonstrate a critical understanding of the nature of pollution problems and corporate environmental risks and corporate environmental wrongdoing
  • LO2. understand how international law has been applied to deal with particular pollution issues on a topical basis
  • LO3. demonstrate sound understanding of the range of influences on Australian laws regulating pollution, corporate liability and corporate governance
  • LO4. demonstrate good understanding of, and be able to analyse, the relevant sources of law and the variety of approaches to regulation in this context
  • LO5. demonstrate a good understanding of, and analyse, the framework and operation of laws relating to pollution, corporate liability and corporate governance, including in relation to the disclosure of environmental risk
  • LO6. demonstrate the capacity to engage independently with the topics that are covered
  • LO7. research, critically analyse and develop arguments in relation to topical pollution, corporate liability and corporate governance issues, and communicate those arguments 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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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 costs

Transport to access the sites in the optional fieldtrip.

Site visit guidelines

Dr. Nicholas Brunton, a specialist in contaminated sites and partner at Fullbright Rose, will be leading this field trip to Western Sydney. Prof Lipman and Dr Gerry Bates will be in attendance. The visit itself is not compulsory, but it will enable students to appreciate the sites in the context of their surroundings and the problems exposed by the contamination. Engagement with contaminated site issues is a compulsory aspect of the unit of study. The visit is scheduled for 9.30 a.m. - 12.30 a.am on the second week of the unit of study, Friday May 28. There is no cost involved except for transport to access these sites. Students will make their own way to a meeting point (to be advised) and arrangements can be made during the first week to collect from University of Sydney any students who have no independent means of transport but who still wish to join the tour. Dr. Brunton will provide all enrolled students with a documentary 'kit', which explains the sites we are visiting and pertinent legal issues. This means that students not attending the site visit will not be disadvantaged in relation to any assessment tasks. In addition, Dr. Brunton will provide aerial photos that show the location of sites.

Work, health and safety

In relation to the optional fieldtrip (see Site visit guidelines): Students on the trip will not be exposed to any risks outside of normal, everyday engagements. We will not be entering any contaminated sites.

Students who might have special needs should indicate this confidentially to the convenors in order that an assessment can be made at that time whether this trip will be suitable for them.

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.