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Unit outline_

LAWS6964: Global Energy and Resources Law

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

This unit provides a framework for understanding the role of law in: the discovery, financing, development and utilisation of energy and resources projects; energy trading on wholesale markets; mining and resources projects, including competition issues and access to essential infrastructure; addressing potential sources of conflict in the energy and resources sector including in dealing with international trade, native title and other indigenous issues, environmental and corporate social responsibility issues; and current national and international energy and resources controversies. Previous topics have included the role of renewable energy in energy security, challenges posed by energy and resources projects in Africa, conflict between Europe and Russia over gas supplies, energy storage, coal seam gas development, international maritime disputes in Asia over offshore oil and gas fields, corruption and transparency, and the Resource Curse in developing countries.

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 Penelope Crossley, penelope.crossley@sydney.edu.au
Type Description Weight Due Length
Small continuous assessment Short quiz 1 (15%)
Short quiz 1
0% Week -01
Due date: 17 May 2023 at 19:30

Closing date: 17 May 2023
30 minutes
Outcomes assessed: LO1 LO8 LO7 LO6 LO4 LO3 LO2
Small continuous assessment Short quiz 2 (15%)
Short quiz 2
0% Week 01
Due date: 25 May 2023 at 19:30

Closing date: 25 May 2023
30 minutes
Outcomes assessed: LO1 LO8 LO7 LO6 LO4 LO3 LO2
Assignment Proposal for capstone essay (0%)
Proposal
0% Week 01
Due date: 28 May 2023 at 17:00

Closing date: 04 Jun 2023
200 words / 3 weeks
Outcomes assessed: LO5 LO6 LO7 LO8 LO1 LO2 LO3 LO4
Assignment Project risk analysis (40%)
Memo of advice on the applicable project risks and risk analysis table
0% Week 02
Due date: 04 Jun 2023 at 17:00

Closing date: 18 Jun 2023
3500 words / 4 weeks
Outcomes assessed: LO1 LO8 LO7 LO6 LO5 LO4 LO3 LO2
Assignment Short-release research essay (30%)
Public consultation submission or research on current legal issue.
0% Week 02
Due date: 04 Jun 2023 at 17:00

Closing date: 18 Jun 2023
2500 words / 10 working days
Outcomes assessed: LO1 LO8 LO7 LO6 LO5 LO4 LO3 LO2
Assignment (Optional) Capstone essay (100%)
Capstone essay
0% Week 04
Due date: 18 Jun 2023 at 17:00

Closing date: 02 Jul 2023
8,000 words / 5 weeks
Outcomes assessed: LO5 LO6 LO7 LO8 LO1 LO2 LO3 LO4

Assessment summary

Two short quizzes (30%)

  • Two quizzes of 30 minutes each, worth 15% each.
  • The quizzes will be completed online via Canvas.
  • Each quiz will be completed following each week of classes:
    • Quiz 1 will open at 7pm on 17 May 2023 and close at 7.30pm on the same day.
    • Quiz 2 will open at 7pm on 25 May 2023 and close at 7.30pm on the same day.

 

Project risk analysis (40%)

Students should submit a 3500word memo of advice on the applicable project risks and complete the risk analysis table (table should be no more than 1000 words and is included in the word count). The word count includes references.

The risk analysis problem will be released on 11 May 2023 (Day 1 of the unit) and is due on 4 June 2023 at 5pm.

 

Short-release research essay (30%)

Students should make a public consultation submission or research on current legal issue. The word count is 2500 words (including references).

The research essay will be released on 20 May 2023 (after the final class) and is due on 4 June 2023 at 5pm.

 

(Optional) Capstone essay (100%)

LLM students who are undertaking this unit towards the end of their degree, and need a capstone experience to complete their degree, must apply to the unit coordinator to undertake the assessment option of a Capstone Essay.

The Capstone Essay will replace all assessments in this unit and is worth 100% of your marks for the unit. The Capstone Essay must be 8000 words and is due on 18 June 2023 at 5pm.

Students wishing to take up this option are required to submit a 200-word topic proposal by email to the unit coordinator by 5pm on 28 May 2023. A copy of the approval email must be kept and included with the submissions.

Your essay topic should respond to the material covered in the present unit. However, at the same time, in order to serve as a capstone for your LLM, it should build upon the learning that has taken place during your LLM studies more generally.

 

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.

Word Limit 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 include all footnotes and any bibliography (if required).

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

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 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 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after 5pm but by 11:59pm on the due date for submission will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. A submission on the following day after midnight will attract a 30% penalty, and so on.

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 Introduction; Fundamental principles of energy and resources law; Project financing energy and resources projects; Introduction to electricity law; Current issues in international energy and resources law. Seminar (7 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8
Introduction to oil and gas law; Current issues in business and human rights in the energy and resources sector; Indigenous issues in the development and operation of energy and resources projects; Negotiating a petroleum transaction; Decommissioning fossil fuel assets in the context of the energy transition and climate change; Skills development exercise and course consolidation. Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8
Virtual power plants, and energy trading – wholesale markets and derivatives; The design and operation of the Australian National Electricity Market; Introduction to renewable energy law; Third party access to essential infrastructure and competition law issues; Current issues in clean energy law: cyber security risks, modern slavery and the transition; Environmental and climate change aspects of energy and resources projects. Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8
Introduction to mining law; Managing disputes in major energy and resources infrastructure projects; International trade disputes and securing access to critical minerals; Energy and resources issues in developing countries; Skills workshop: risk analysis on major projects, stakeholder management, negotiation skills Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8

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 attendance as specified by the Unit Coordinator. 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

All readings for this unit can be accessed on the Library eReserve link 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. explain the specific legal issues posed by fossil fuel, renewable energy and mineral resources and their associated technologies
  • LO2. understand the theoretical reasons for regulatory intervention or non-intervention in the energy and resources sectors
  • LO3. compare the approaches of different states to the exploitation of their energy and resources, and the different legal vehicles used to support and control the involvement of public and private capital involved in this task
  • LO4. identify the problems that may arise at each stage of the project development including Native Title, tenure and access issues, environmental approvals, modern slavery and human rights, construction disputes and develop pragmatic legal and commercial solutions
  • LO5. critically analyse the governance of the energy and resources sector both on the international and national scales and consider their ongoing relevance in the context of the energy transition
  • LO6. examine how legal regimes for renewable energy and emerging energy technologies may be evaluated in terms of political, commercial and legal risks, including the risk of international trade disputes.
  • LO7. critically apply the acquired legal knowledge and skills to novel problem scenarios affecting energy and resources projects
  • LO8. identify opportunities to reform the law to improve outcomes for consumers and industry, and create policy and law reform submissions to affect positive change to the energy and resources sectors

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.

Staff in this unit constantly review and reflect upon the content of this unit in light of student feedback.

Teacher consultation guidelines: Please do not contact the external lecturers in the unit directly. Instead, you should email Dr Crossley (penelope.crossley@sydney.edu.au) who will handle your query. With regards to correspondence with academic staff, students should remember to sign their name and provide their student identification number, especially when sending emails. Email communication should be via your Sydney University email account.

 

Additional costs

There are no additional costs for this unit.

Site visit guidelines

There are no site visit guidelines for this unit.

Work, health and safety

There are no specific WHS requirements for this unit.

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.