This course provides an overview of topics within domestic Australian environmental protection law. Environmental Law is the complex, sometimes connected, and sometimes disparate collection of treaties, conventions, statutes, regulations, and case law which involve questions of the interactions of humans with the natural environment. More modern conceptions of environmental law see its purpose as encouraging long-term ecological sustainability, rather than merely providing rules for orderly exploitation of natural resources.

The course critically examines the institutional arrangements and legal principles that underpin the practice of environmental and planning law.The course examines environmental law from both theoretical and practical perspectives, taking a broad national and thematic approach. Whilst it places particular emphasis on the applicable Commonwealth, NSW and ACT law, the course reviews fundamental concepts, useful tools and insights with which to understand and critically analyse environmental law.

 Topics covered include:

• introduction defining the 'environment', 'ecologically sustainable development';
• the common law and environmental protection;
• environmental law in a federal system;
• role of local and state governments;
• statutory land-use planning and development control law;
• evironmental impact assessment law;
• bodiversity law;
• native vegetation law;
• pollution control law;
• a brief introduction to climate change and energy law;
• environmental litigation;
• enforcement of environmental law; and
• major projects law.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Demonstrate a broad (and at times advanced) knowledge of key principles, legal doctrine and legal regimes relevant to Australian environmental law, and communicate this knowledge to a variety of audiences in a clear and coherent manner;
2. Conduct independent research into primary and secondary materials on an Australian environmental law problem;
3. Identify relevant (Australian) state and/or federal environmental law and, using intellectual initiative and judgment, explain how the relevant law is applicable, with reference to a particular environmental law issue/problem
4. Analyse and critically evaluate secondary materials and commentary on Australian environmental law and policy.
5. Demonstrate a broad understanding of fundamental principles of environmental law and awareness of environmental law in context terminology, rationale, theories and approaches of Australian environmental law;
6. Critically analyse the role and implications of environmental law within the context of wider perspectives in order to develop new understanding from perspectives

Required Resources

There is no set text. There is a a detailed course outline with associated readings which will be available through Wattle.

Staff Feedback

Students will be given feedback in the following forms in this course:

• Written response to proposed essay topic if student opts to develop a topic of her or his own choice
• Evaluation of student work as discussant on wattle and in class
• Annotations of research essay through the essay text and general comments

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), an interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/grading

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	29 June - Morning Topic 1 - Introduction Discussion of first pieces of assessment - the four short reflections
2	29 June - Afternoon Topic 2 - The Origins and Growth of Environmental Law Breakout rooms - Leatch v Director-General of National Parks
3	30 June - Morning Topic 2 - The Origins and Growth of Environmental Law
4	30 June - afternoon Topic 3 - The Power of the Commonwealth and the States	Second short reflection due at 11.59 pm.
5	1 July - morning Topic 4 - The EPBC Act
6	1 July - afternoon Topic 4 - The EPBC Act Breakout rooms - 'The Franklin would be dammed today'
7	2 July - morning Topic 5 - The Enforcement of Environmental Law
8	2 July - afternoon Topic 6 - The Role of the Common Law and the Courts	Second short reflection due at 11.59 pm.
9	6 July - morning Topic 7 - Land Tenure and Resource Ownership
10	6 July - afternoon Topic 8 - Mining and Indigenous Rights Dr Paul Cleary
11	7 July - morning Topic 8 - Mining and Indigenous Rights Dr Paul Cleary
12	7 July - afternoon Topic 9 - Property Rights	Third short reflection due at 11.59 pm.
13	8 July - morning Topic 10 - The Role of the Public Breakout rooms - Summary offences and Other Legislation Amendment Act 2019 (Qld)
14	8 July - afternoon Topic 11 - The Operation of Environmental Law
15	9 July - morning Topic 12 - The Progress of Environmental Law Breakout rooms - 'Cremorne Pastoral'
16	9 July - afternoon Topic 12 - The Progress of Environmental Law Discussion of research essay	Fourth short reflection due at 11.59 pm.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Research Topic Proposal (Optional)	0 %	30/06/2020	03/07/2020	1
Reflection on Readings 1	8 %	30/06/2020	20/07/2020	1
Reflection on Readings 2	8 %	02/07/2020	27/07/2020	1
Reflection on Readings 3	8 %	07/07/2020	03/08/2020	1
Reflection on Readings 4	8 %	09/07/2020	10/08/2020	1
Research Essay	67 %	10/08/2020	11/09/2020	1-6

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Assessment Task 1

Research Topic Proposal (Optional)

Brief Description: Students will select their own research topic for the Research Paper. Students can, but are not required to, discuss their topics with the lecturers before submission. The discussion should be initiated by email, which may be followed up with a meeting. Students are welcome to email their research topic proposals to the lecturers for comment.

Nature of task: Optional. This task is optional, and it has no impact on the final mark for the course. Failure to complete the task by the due date will only result in students not receiving feedback before the mid-point in the course.

Weighting: 0%

Due date: Tuesday 30 June 2020 at 11.59 pm, via Turnitin.. Students can also email their research topic proposals to the lecturers after 1 July. The lecturer will continue to be available for consultation, by email and in person, up till the submission date for the Research Paper. 

Estimated return date: Where submitted by the due date, the lecturer will reply with comments by the end of Friday, 3 July 2020, via Turnitin. 

Assessment Task 2

Reflection on Readings 1

Brief Description: A thoughtful reflection on a key issue in the first two days of materials for the course - topics 1, 2 and 3. The reflection should be analytic, not descriptive, may include your views on the issue, may be written in the first person, and does not need to involve research extending beyond the course materials or be footnoted. In keeping with the broader content of the coarse, one of your four reflections should focus on a case; another on a piece of legislation; another on an article or part of a book; the other should be interdisciplinary engaging, for example, with the intersection between environmental law and history, or environmental law and science, or environmental law and politics and so on. The reflection should not address the subject of the breakout rooms. In submitting your work, you should identify which category each of your reflections falls within.

Nature of task: Compulsory. The consequence of non-completion will be a “0” mark for this part of the course.

Due date: Tuesday, 30 June 2020, 11.59 pm, via Turnitin. Due to the nature of the task, it is not possible to obtain an extension. Any late work will attract penalties, as set out below.

Word limit: 300 words

Weighting: 8.25%

Estimated return date: Monday, 20 July 2020, via Turnitin.

Assessment Criteria: This piece of work should demonstrate a thoughtful reflection on the prescribed readings. 

Assessment Task 3

Reflection on Readings 2

Brief Description: A thoughtful reflection on a key issue in the materials for the third and fourth days of the course - topics 4, 5 and 6. The reflection should be analytic, not descriptive, may include your views on the issue, may be written in the first person, and does not need to involve research extending beyond the course materials or be footnoted. In keeping with the broader content of the coarse, one of your four reflections should focus on a case; another on a piece of legislation; another on an article or part of a book; the other should be interdisciplinary engaging, for example, with the intersection between environmental law and history, or environmental law and science, or environmental law and politics and so on. The reflection should not address the subject of the breakout rooms. In submitting your work, you should identify which category each of your reflections falls within.

Nature of task: Compulsory. The consequence of non-completion will be a “0” mark for this part of the course.

Due date: Thursday, 2 July 2020, 11.59 pm, via Turnitin. Due to the nature of the task, it is not possible to obtain an extension. Any late work will attract penalties, as set out below.

Word limit: 300 words

Weighting: 8.25%

Estimated return date: Monday, 27 July 2020, via Turnitin.

Assessment Criteria: This piece of work should demonstrate a thoughtful reflection on the prescribed readings.

Assessment Task 4

Reflection on Readings 3

Brief Description: A thoughtful reflection on a key issue in the materials for the fifth and sixth days of the course - topics 7, 8 and 9. The reflection should be analytic, not descriptive, may include your views on the issue, may be written in the first person, and does not need to involve research extending beyond the course materials or be footnoted. In keeping with the broader content of the coarse, one of your four reflections should focus on a case; another on a piece of legislation; another on an article or part of a book; the other should be interdisciplinary engaging, for example, with the intersection between environmental law and history, or environmental law and science, or environmental law and politics and so on. The reflection should not address the subject of the breakout rooms. In submitting your work, you should identify which category each of your reflections falls within.

Nature of task: Compulsory. The consequence of non-completion will be a “0” mark for this part of the course.

Due date: Tuesday, 7 July 2020, 11.59 pm, via Turnitin. Due to the nature of the task, it is not possible to obtain an extension. Any late work will attract penalties, as set out below.

Word limit: 300 words

Weighting: 8.25%

Estimated return date: Monday, 3 August 2020, via Turnitin.

Assessment Criteria: This piece of work should demonstrate a thoughtful reflection on the prescribed readings.

Assessment Task 5

Reflection on Readings 4

Brief Description: A thoughtful reflection on a key issue in the materials for the seventh and eighth days of the course - topics 10, 11 and 12. The reflection should be analytic, not descriptive, may include your views on the issue, may be written in the first person, and does not need to involve research extending beyond the course materials or be footnoted. In keeping with the broader content of the coarse, one of your four reflections should focus on a case; another on a piece of legislation; another on an article or part of a book; the other should be interdisciplinary engaging, for example, with the intersection between environmental law and history, or environmental law and science, or environmental law and politics and so on. The reflection should not address the subject of the breakout rooms. In submitting your work, you should identify which category each of your reflections falls within.

Nature of task: Compulsory. The consequence of non-completion will be a “0” mark for this part of the course.

Due date: Thursday, 9 July 2020, 11.59 pm, via Turnitin. Due to the nature of the task, it is not possible to obtain an extension. Any late work will attract penalties, as set out below.

Word limit: 300 words

Weighting: 8.25%

Estimated return date: Monday, 10 August 2020, via Turnitin.

Assessment Criteria: This piece of work should demonstrate a thoughtful reflection on the prescribed readings.

Assessment Task 6

Research Essay

Brief Description: The research essay has to be an academic essay with a well-defined thesis and argument. The lecturer will release a set of essay questions on the penultimate day of lectures. Students will also have the option of doing a topic of their own choosing, relating to the subject matter of the course, with the lecturer's approval. If you would like to address a topic of your own choosing, please contact Tim Bonyhady by email, giving at least some indication of one (or more) topics which you are interested in addressing. He will then respond by email.

Nature of task: Compulsory. The consequence of non-completion will be a “0” mark for this part of the course.

Weighting: 67%

Release: The research essay questions will be released at the conclusion of the penultimate day of classes, Wednesday, 8 July. This document will be posted on Wattle. Time has been allocated in the final session of the course on Thursday, 9 July, to discuss how students should go about writing these essays. As discussed above, students can also select their own research topic, with the lecturer's permission.

Due date: Monday, 10 August 2020 at 5 pm, via Turnitin. Late submissions (ie without an extension) will be accepted, although late penalties will apply.

Word limit: 2800 words.

Estimated return date: Friday, 11 September 2020, via Turnitin.

Assessment Criteria:

Clear explanation of what the paper is attempting to accomplish

Depth of research;

Ability to critically evaluate materials

Quality and precision of arguments

Quality of expression and correctness of grammar

Appropriate referencing. 

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students