Skip to main content
Unit outline_

LAWS6365: Environmental Crimes and Law Enforcement

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

This unit focuses on understanding enforcement measures in the environmental law field. The unit will suit both international and national students who want to increase their understanding of enforcement-related issues. The unit examines the nature of law enforcement generally and in the environmental law field specifically. Students will develop understanding of the nature of ‘environmental crime’ and ‘green criminology’; of the relevance and value in different countries of international obligations relevant to enforcement; of the value of different types of criminal sanctions; of the advantages and limitations of different types of proceedings; of the value of considering different comparative approaches taken by different countries; and the nature of administrative obligation and sanction measures. 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
? 
None
Corequisites
? 
None
Prohibitions
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Ed Couzens, ed.couzens@sydney.edu.au
Lecturer(s) Rosemary Lyster, rosemary.lyster@sydney.edu.au
Rachel Killean, rachel.killean@sydney.edu.au
Tyrone Kirchengast, tyrone.kirchengast@sydney.edu.au
Ed Couzens, ed.couzens@sydney.edu.au
The census date for this unit availability is 27 September 2024
Type Description Weight Due Length
Short release assignment Short-release: Pre-unit submission - Voluntary (0%)
A short question answer
0% Week 01
Due date: 16 Sep 2024 at 17:00

Closing date: 19 Sep 2024
1000 words / 72 hours
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Short release assignment Short-release: Research Essay Outline/ Notification (0%)
submission of chosen topic
0% Week 03
Due date: 30 Sep 2024 at 23:59

Closing date: 07 Oct 2024
5 working days
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Supervised test
? 
In-Semester Test (40%)
Handwritten test
40% Week 06
Due date: 21 Oct 2024 at 16:00
1.5 hours
Outcomes assessed: LO6 LO1 LO2 LO3 LO4 LO5
Assignment Research essay (60%)
Research essay
60% Week 09
Due date: 11 Nov 2024 at 17:00

Closing date: 25 Nov 2024
5000 words / 7 weeks
Outcomes assessed: LO6 LO1 LO2 LO3 LO4 LO5

Assessment summary

Short-release: Pre-unit submission - Voluntary (0%):

By Friday 13 September 2024 (Sydney, Australia time), a short question will be released, with answers (max 1,000 words) to be submitted through Canvas by 5pm on Monday, 16 September 2024 (Sydney, Australia time). 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.

 

Short-release: Research Essay Outline/Notification (0%)Choose 1 of the topics provided, which will be released on Canvas on or before 23 September 2024 (Sydney, Australia time). You must notify the Unit Coordinator of your chosen topic by submitting it via Canvas no later than 11:59pm on 30 September 2024 (Sydney, Australia time). Failure to do so may result in disqualification from the research essay.

 

In-Semester Test (40%):

The in-semester test will be held at 4pm-6pm on Monday, 21 October 2024 (Sydney, Australia time). You will have 90 minutes of writing time and 30 minutes of reading time. It will be comprised primarily of problem- and/or drafting-style questions. The test will examine the materials covered in the whole unit. The test will be handwritten.

 

Research Essay (60%): Choose 1 of the topics provided which will be released on Canvas on or before 23 September 2024 (Sydney, Australia time). The due date for this 5000 words essay is at 5pm Monday, 11 November 2024 (Sydney, Australia time).

  

Word limit penalty: Any portion of an assessment which exceeds the prescribed word limit by 500 words in the 5000 words 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 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 sydney.edu.au/students/guide-to-grades

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 5pm 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 Demonstrate specialised knowledge and skills for research, and/or professional practice and/or further learning. Seminar (6.5 hr) LO1 LO2 LO5 LO6
Demonstrate advanced and integrated understanding of a complex body of knowledge in one or more disciplines or areas of practice. Seminar (6.5 hr) LO2 LO3 LO4 LO5 LO6
Demonstrate expert, specialised cognitive and technical skills in a body of knowledge or practice to independently: analyse critically, reflect on and synthesise complex information, problems, concepts and theories; research and apply established theories to a body of knowledge or practice; and interpret and transmit knowledge, skills and ideas to specialist and non-specialist audiences Seminar (6.5 hr) LO2 LO3 LO4 LO5 LO6
Be able to apply knowledge and skills to demonstrate autonomy, expert judgement, adaptability and responsibility as a practitioner or learner. Seminar (6.5 hr) LO3 LO4 LO5 LO6

Attendance and class requirements

Attendance: All students are required to attend at least 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 undertaking 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: 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. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4. 

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

Gerry Bates, Environmental Law in Australia (LexisNexis, 11th ed, 2023).

            Ch 1:   Environmental Law: The Context

Ch 11: Compliance and Enforcement: Remedies for Regulators

            Ch 12: Civil Action by Citizens

            Ch 13: Challenging Environmental Decision-making

Available online through the USyd library:          https://ebookcentral.proquest.com/lib/usyd/detail.action?docID=7216448

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. Contrast the difficulties caused in the field of environmental law by ineffective enforcement with the benefits gained through effective enforcement; and demonstrate, through critical analysis, that they have gained advanced understanding of both.
  • LO2. Describe the nature and role of criminal and administrative enforcement in environmental law; and demonstrate advanced understanding of these natures and roles through critically evaluating the strengths and weaknesses of both.
  • LO3. Identify the difficulties faced by states in implementing and enforcing international environmental law obligations; and contrast approaches used in select jurisdictions.
  • LO4. Describe Australia’s environmental obligations under international law; and contrast the approaches taken by different States within the Australian federal system to enforcing environmental laws.
  • LO5. Critically evaluate, at an advanced level, potential legal remedies for specific issues and problems facing the enforcement of environmental law in Australia. This evaluation will be evidenced through the two different assessment types – exam and research essay.
  • LO6. Research different sub-disciplines within the study of environmental law and provide advanced reflection on how they complement each other in promoting an understanding of issues related to the enforcement of environmental laws. This research and reflection will be evidenced through the two different assessment types – test and research essay.

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.

This is the first time this unit is running. Unit outline information has been filled based on the unit summary provided by Ed Couzens

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.