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Unit outline_

LAWS6165: Biodiversity Law and Heritage Law

Intensive May, 2024 [Block mode] - Camperdown/Darlington, Sydney

Biological diversity is the variability among living organisms and the ecological complexes of which they are part, including diversity within species, between species and of ecosystems. Aside from whatever intrinsic value it may possess, biodiversity is crucial to support human life and welfare. Australia is fortunate to have some of the world's most complex and unique biodiversity unfortunately, also to have one of the highest rates of extinction and loss of biodiversity. Despite a sophisticated system of environmental governance and a relatively high degree of environmental awareness, biodiversity continues to decline rapidly in Australia. This unit considers the international legal regime related to the protection of biodiversity; how international instruments are incorporated into (or otherwise affect) Australia's regime; and the operation of Australia's regime at both national and state levels (particularly in NSW) - and consideration of various threats to biodiversity, different protection options, and how biodiversity-related considerations affect and are affected by other Environmental Law fields. National heritage is one of nine matters of national environmental significance protected under Australia’s Environment Protection and Biodiversity Conservation Act. This unit covers conservation of natural and cultural heritage, including intangible, underwater, movable and Australian Aboriginal heritage. International, national, state and local regimes for heritage conservation are examined and considered in the context of broader biodiversity-related environmental decision making. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

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

Available to study abroad and exchange students

No

Teaching staff

Coordinator Ed Couzens, ed.couzens@sydney.edu.au
The census date for this unit availability is 26 April 2024
Type Description Weight Due Length
Assignment Pre-unit submission - Voluntary (0%)
Response to short question regarding approaches to research
0% Week 01
Due date: 17 Apr 2024 at 17:00

Closing date: 17 Apr 2024
1000 words
Outcomes assessed: LO3
Presentation Class Presentation (10%)
Present on a prepared topic in a mock conference environment
10% Week 02
Due date: 23 Apr 2024 at 17:00

Closing date: 23 Apr 2024
5 minute presentation
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
Short release assignment hurdle task Short-release 1500 word short essay (15%)
1500 word short essay on same topic as presentation
15% Week 03
Due date: 03 May 2024 at 08:59

Closing date: 10 May 2024
1500 words / 7 working days
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
Short release assignment Optional Outline for Capstone Essay (0%)
Outline for those requiring prior approval for their capstone essay topic
0% Week 03
Due date: 29 Apr 2024 at 23:59

Closing date: 29 Apr 2024
250 words / 5 working days
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
Assignment hurdle task Essay (75%)
6000wd essay
75% Week 08
Due date: 17 Jun 2024 at 17:00

Closing date: 01 Jul 2024
6000 words / 7 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
Assignment Optional Capstone Essay (85%)
Optional 7000 word capstone essay for LLM students
0% Week 12
Due date: 01 Jul 2024 at 17:00

Closing date: 15 Jul 2024
7000 words / 8 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
hurdle task = hurdle task ?

Assessment summary

Pre-unit submission - Voluntary (0%) By Friday 12 April 2024 a short question will be released, with answers (max 1,000 words) to be submitted through Canvas by 17h00 on Wednesday 17 April 2024. The aim of this submission will be to ascertain individual students’ approaches to research and referencing. There will be no penalties for not submitting answers.

Class Presentation (10%) On the final day of the unit (Tuesday 23 April 2024), a workshop/exercise will be run on a particular issue, with a presentation topic unique to each student.  This workshop/exercise will take the form of a mock conference event on a particular environmental problem.  Instructions will be provided on or before Friday 12 April 2024.  In the mock conference students will present for approximately 5 minutes on a prepared topic.  For the purposes of the workshop/exercise, students may also be assigned a role as a member of a small “team”. It is expected that students will be sufficiently prepared to participate actively in the workshop/exercise, and will so participate.

Short-release 1,500 word short essay (15%): Following the workshop/exercise on the final day of classes students are required to submit for assessment on Friday 3 May by 08h59 a written 1,500 word essay on the same topic as their presentation. Presentation/essay topics will be unique to each student and will be allocated individually, with instructions, in advance of the unit. Instructions will be provided on or before Friday 12 April 2024.

6,000 word Essay (75%): Choose 1 of the topics provided which will be released on Canvas on or before 18 April 2024 and advise the unit coordinator by email of your chosen topic by the end of 29 April.  The due date for the submission of the essay is Monday 17 June 2024 at 17h00.

Optional 7,000 word Capstone Essay (85%): LLM students completing the final units of their degrees and who require a Capstone essay as a degree requirement must notify the unit coordinator before 18 April; and must provide an Outline by 23:59 on Monday 29 April 2024, in the form provided by the coordinator on application. The Capstone essay may not be completed without approval from the unit coordinator. The due date for the Optional Capstone Essay is Monday 1 July 2024 at 17:00.  The essay topic must be relevant to the material covered in the unit; should build on work already completed in the degree; may not recycle work already submitted for assessment in the degree, except and only with specific permission and appropriate referencing.

The capstone essay (85%) replaces the 6,000 word essay (75%) and the other assessment tasks are adjusted as follows: short essay word count reduced to 1,000 words and weighted 10% and presentation weighted 5%. 

Optional Outline for Capstone (0%): Students who opt to undertake the Capstone rather than the essay  must submit a 250 word Outline to the convenor seeking approval for their topic by Monday 29 April 2024 at 23:59.

All dates and times are Sydney, Australia time.

Word limit penalty
Any portion of an assessment which exceeds the prescribed word limit by 250 words in the 1500 word essay and by 500 words in the 6000 word essay will not be marked. The total word count for essays and other written assessments will exclude bibliography; footnote numbers; footnote citations; and any cover page; and will include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged. 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirement to pass a unit of study
The pre-unit submission will be voluntary. A student must make a genuine attempt at all other 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 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 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, without an approved extension, will attract a penalty of 5% 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 the due time but before the same time the following day will attract a 5% 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.

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

WK Topic Learning activity Learning outcomes
Week 01 1. Approaching research at postgraduate level; 2. Classic texts in the literature relating to biodiversity; 3. International law relating to biodiversity; 4. The complexity of biodiversity. Seminar (6.5 hr) LO1 LO2 LO3 LO4
1. The incorporation of international biodiversity-related law into Australia; 2. Case law in Australia; and Federal and State environmental law in Australia; 3. Conservation support mechanisms; 4. Valuing biodiversity and finding innovative ways to protect it. Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 02 1. Migratory species and other issues; 2. The protection of biodiversity in New South Wales; 3. Biodiversity and environmental impact assessment; success stories, failures, lessons learned and not learned; 4. Heritage protection in international law. Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
1. Heritage protection in Australia; 2. Heritage protection in New South Wales; 3. Workshop/exercise on biodiversity and heritage; 4. Workshop/exercise on biodiversity and heritage. Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7

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. Attendance requirements may be satisfied by in person as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from submitting 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.

Referencing guide: 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

Please refer to Reading Guide in 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 (through critical research assessment) understanding of BIOLOGICAL DIVERSITY and its value; and understanding of HERITAGE and its value; and understanding of the relationship between BIODIVERSITY and HERITAGE.
  • LO2. Demonstrate (through critical research assessment) knowledge of global and Australian concerns over declining biodiversity and threats to heritage.
  • LO3. Demonstrate (through critical research assessment) knowledge of specific biodiversity- and heritage-related problems; and the ability to assess possible legal solutions to these problems.
  • LO4. Demonstrate (through critical research assessment) understanding of international law related to the management and protection of biodiversity; and international law related to the management and protection of heritage.
  • LO5. Demonstrate (through critical research assessment) understanding of how international law is incorporated into Australian law - both generally; and specifically in the case of biodiversity- and heritage-related instruments.
  • LO6. Demonstrate (through critical research assessment) understanding of the national legal position in respect of management of and protection of biodiversity and heritage in Australia generally.
  • LO7. Demonstrate (through critical research assessment) understanding of the legal position in respect of management of and protection of biodiversity and heritage in New South Wales specifically.

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 made to the core content or the assessment regime.

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.