• Class Number 4174
  • Term Code 3030
  • Class Info
  • Unit Value 6 units
  • Mode of Delivery In Person
  • COURSE CONVENER
    • James Prest
  • LECTURER
    • James Prest
  • Class Dates
  • Class Start Date 24/02/2020
  • Class End Date 05/06/2020
  • Census Date 08/05/2020
  • Last Date to Enrol 02/03/2020
SELT Survey Results

The course aims include to: 
• Guide and support students in identifying, developing and applying practical legal skills in environmental and planning law. 
• Develop students’ critical understanding of legal practice approaches, the role of lawyers in relation to individual clients and environmental law issues.
• Contextualise the study of law, particularly environmental law and student learning in the wide range of other law courses. 
• Encourage, promote and validate student aspirations to promote access to justice and equality before the law specifically in relation to community needs to exercise their rights pursuant to environmental law both at local and Federal levels. 
• Encourage students to critically consider the effect of the law and its ability: 
a) to deliver improved environmental outcomes and 
b) to provide adequate recourse for the community to be heard on public interest environmental issues. 
 
The course provides clinical placement at the EDO ACT for between 8-10 students each semester. Attendance requirements include an orientation workshop, onsite participation at the EDO office one day a week, participation in weekly tutorials (reviewing relevant substantive areas of law and legal and social issues relating to the environmental law (ACT and Federal) and marked assessment pieces. 
Assessment requirements: onsite assessment, tutorial participation and preparation & presentation of a written project or seminar/forum. 
 

Learning Outcomes

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

  1. describe and critique how advanced knowledge and skills acquired through the study of law relate to a legal practice setting, assisting individual clients and working for social justice,
  2. reflect on their personal motivation for studying law, their goals and career aspirations,
  3. apply a reflective and ethical approach in combination with a broad theoretical and professional knowledge, in performing paralegal tasks,
  4. recognise and apply improved practical legal skills particularly relating to work routines, communication with a variety of audiences, interviewing, writing, and legal research principles and methods,
  5. summarise and apply an advanced and coherent body of substantive legal knowledge about environmental justice, and knowledge of professional conduct rules and ethical practice,
  6. describe and distinguish a variety of justice issues with respect to community engagement with environmental law, and to critically analyse entrenched issues of injustice in the legal system,
  7. note, name and debate their enhanced interpersonal skills, emotional intelligence and self-awareness of their own cognitive abilities and values,
  8. describe and critique a range of legal practice approaches having regard to the legal needs of individual and group clients,
  9. analyse the predicament of individual and group clients having regard to the operation of the law and the legal system, 10. describe and critically assess a range of strategies to improve justice / social justice outcomes, 1
  10. identify and evaluate concrete and achievable ways in which they can promote access to justice and equality before the law, 1
  11. plan and execute a written research project, with some independence.

Research-Led Teaching

Students will be encouraged to devise a research project related to environmental protection priorities and pressing environmental law issues as identified by the Course Convenor, the EDO clinic solicitors and students. Some of the priority topics for research will be identified based on environmental law research being conducted at the ANU College of Law.

Some of the class discussion will also focus on student research projects i.e. progress, problem solving and brainstorming. The research projects involve the aspects listed below, all of which may be relevant for reflection and discussion:

  • establishing a credible rationale
  • identifying issues
  • identifying key points of leverage
  • planning
  • time management and disciplined research
  • reasoning
  • writing targeted to the intended audience, and
  • effective oral presentation.

Field Trips

An optional field trip to Sydney to visit the NSW Land and Environment Court and law firms practising in environmental law is sometimes offered over 1-2 days of the mid Semester break. An announcement about this activity will be made on the course Wattle site by Week 3.

Required Resources

No required texts.

Camilla Taylor, ACT Environmental Law Handbook, (ACT Environmental Defender's Office, 3rd ed, 2015).

Ross Hyams, Susan Campbell and Adrian Evans, Practical Legal Skills: Developing Your Clinical Technique, (Oxford University Press, 4th Ed, 2014).

Gerry Bates, Environmental Law in Australia, (Lexis Nexis, 10th ed, 2019).

Staff Feedback

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

  • written comments
  • verbal comments
  • feedback to the whole class, to groups, to individuals, focus groups

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), the 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 ANU Week 1 / Clinical Week 1 a) Onsite clinical attendance b) Orientation Workshop overview of course law practice risk management applicable law regulating conduct of legal practitioners overview of key skills to develop client management file management Introduction to the Environmental Defender’s Office (EDO) history & mission; role and services including casework guidelines. overview of types of work in the environmental law office
2 ANU Week 2 / Clinical Week 2 a) Onsite b) Workshop - Introduction to Environmental and Planning Law
3 ANU Week 3 / Clinical Week 3 a) Onsite b) Workshop - ACT Land Use Planning Law
4 ANU Week 4 / Clinical Week 4 a) Onsite b) Workshop -Administrative Appeals in ACT Planning and Development Law
5 ANU Week 5 / Clinical Week 5 a) Onsite b) Workshop - ACT Planning and Development Law (continued)
6 ANU Week 6 / Clinical Week 6 a) Onsite b) Workshop - Indigenous Heritage law
7 ANU Break / Clinical Week 7 a) Onsite b) Workshop -Optional NSW Land & Environment Court visit
8 ANU Break / Clinical Week 8 Onsite
9 ANU Week 7 / Clinical Week 9 a) Onsite b) Workshop - Environmental Impact Assessment law
10 ANU Week 8 / Clinical Week 10 a) Onsite b) Workshop - Environmental Law and Policy making in the ACT and Federal legislatures
11 ANU Week 9 / Clinical Week 11 a) Onsite b) Workshop - Federal environmental law with a focus on the EPBC Act's biodiversity provisions
12 ANU Week 10 / Clinical Week 12 a) Onsite b) Workshop - Climate Change Law
13 ANU Week 11 / Clinical Week 13 a) Onsite b) Workshop - Energy law
14 ANU Week 12 / Clinical Week 14 a) Onsite b) Student presentations on research projects

Tutorial Registration

Students will need to sign up for one on-site clinic day per week during semester (*Either Thursday or Friday) in consultation with the Clinic solicitor, through the online sign up facility within the Course Wattle website. (There is no need to sign up for the weekly seminar.)

Assessment Summary

Assessment task Value Due Date Return of assessment Learning Outcomes
Oral presentation of research paper (via Zoom) 10 % 05/06/2020 09/07/2020 3, 4, 5, 6, 9
Research Project 60 % 02/06/2020 09/07/2020 5, 6, 10, 11, 12
Reflective Journal 30 % 18/05/2020 09/07/2020 1, 2, 3, 6, 7, 8, 9, 10

* 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:

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.

Participation

Attendance requirements include an orientation workshop, onsite participation at the EDO office one day a week, participation in weekly seminars (reviewing relevant substantive areas of law and issues relating to the environmental law (ACT and Federal).A non-assessable, optional field trip to NSW environmental law sites in Sydney may be made in the mid semester break, students will need to make their own travel arrangements.

Examination(s)

There are no examinations in this course.

Assessment Task 1

Value: 10 %
Due Date: 05/06/2020
Return of Assessment: 09/07/2020
Learning Outcomes: 3, 4, 5, 6, 9

Oral presentation of research paper (via Zoom)

Details of Task: At the conclusion of the course, students are asked to present their research reports to the group at the final seminar of the course via Zoom.

Nature of Task: Compulsory. Failure to give an oral presentation will mean that students miss the opportunity to receive feedback on their research projects.

Weighting: 10%

Release: N/A

Due Date: Friday 5 June 2020. Late submissions (without an extension) are not permitted.

Timing: Presentations are approximately 20 minutes including time for discussion.

Estimated return date: Feedback will be provided immediately after the presentation by the Convenor as part of the in-class discussion.

Assessment Criteria:

At the conclusion of the course, students are asked to present their research reports to the group at the final seminar of the course. Feedback will be based on:

Effectiveness of Structure of Oral Presentation

Clarity of Oral Presentation;

Accuracy and relevance of content in the presentation;

Effective use of visual aids in presentation (or effective decision not to use visual aids).

Assessment Task 2

Value: 60 %
Due Date: 02/06/2020
Return of Assessment: 09/07/2020
Learning Outcomes: 5, 6, 10, 11, 12

Research Project

Details of Task: The research project paper will provide students with an opportunity to explore a topic in environmental law in some depth. The research project must relate to legal services for individuals and community groups in the ACT and/or Australia with respect to an environmental matter, an environmental justice issue, or the role of the clinic in contributing to EDO’s aims and objectives. It should demonstrate independent research efforts involving a variety of sources beyond those provided on Wattle. It is a research paper not just an essay. The research project and the student’s intended work plan must be negotiated with and approved by the Course Convenor in order to ensure relevance to the work of the Environmental law clinic.

Nature of Task: Compulsory. Failure to submit a research paper will mean a 0 for this assessment task.

Weighting: 60%

Release: Students can begin working on their research project from the first week of the Clinic.

Due Date: 5pm Tuesday 2 June 2020 via Turnitin. Late submissions (without an extension) are accepted, however late penalties will apply.

Word Limit: 3,000 words

Estimated return date: 9 July 2020 via Wattle.

Assessment Criteria: Research projects are assessed using the following criteria:

Breadth and depth of legal and non-legal research relevant to the topic

Quality of legal analysis and reasoning (including consideration of alternative perspectives)

Quality of practical recommendations or resources produced

Effectiveness of structure of paper

Clarity of expression in paper

Typographical accuracy

Correct use of citations and bibliography

Relevance to the work and objectives of Environmental Defender’s Office ACT

Assessment Task 3

Value: 30 %
Due Date: 18/05/2020
Return of Assessment: 09/07/2020
Learning Outcomes: 1, 2, 3, 6, 7, 8, 9, 10

Reflective Journal

Details of Task: Students are to upload a Reflective Journal to a TurnitIn Drop Box on Wattle. The work submitted online in the form of a reflective reading journal should draw upon your contributions to the Wattle discussion forums. (In other words, it is to be expected that the journal submitted may repeat your online Wattle postings in part). Ideally it should draw these together, using sub-headings if you choose, into a coherent reflection on your learning insights throughout the course.

Nature of Task: Compulsory. Failure to submit a Reflective Journal will mean a 0 for this assessment task.

Weighting: 30%

Release: Students are expected to begin working on their reflective journal from the first week of the Clinic.

Due Date: 5pm Monday 18 May 2020 via Turnitin. Late submissions (without an extension) are permitted, however late penalties will apply.

Word Limit: 1,000 words

Estimated return date: 9 July 2020 via collection of written feedback from the Services Office.

Assessment Criteria:

Ability to critically reflect on highly relevant incidents and issues from your placement experience

Ability to make perceptive observations of clinical situations

Ability to relate and connect in-clinic situations with other legal knowledge and information

Ability to explain issues by reference to relevant legal sources and other relevant information

Level of logic, insight and focus in analysis of the legal and non-legal issues involved

Ability to communicate clearly and concisely in writing

Referencing of relevant sources

Whether the student made relevant (non-assessed) posts to the Wattle online learning system throughout the course, as preparation for submission of selected and edited material in a final journal.

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

Not applicable as assessment is submitted via Wattle. Please keep a backup copy of tasks completed for your records.

Late Submission

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).

James Prest
+61 2 6125 1689
james.prest@anu.edu.au

Research Interests


James Prest

Tuesday 16:00 17:00
Tuesday 16:00 17:00

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions