There is growing national and international attention being given to regulatory strategies for the ownership, conservation and management of increasingly scarce, valuable and contested natural resources.

In the Australian natural resource context this gives rise to familiar challenges for resource sectors associated with land and coastal resources including forestry, mining and fisheries. But there are also specific environmental pressures relevant to the Australian continent in relation to: the use of land resources (under pressure from both the mining sector and agricultural vegetation clearance); the management and protection of increasingly scarce subterranean and surface waters; and, also the protection of Australia’s wealth of biodiversity (both terrestrial and marine).

While the historical management of local resources has involved the Australian states/territories there is also significant Federal involvement in the regulation and management of resources associated with land and the marine environment (including heritage and reserves), fresh-water management (for example within the Murray-Darling Basin river system), wildlife trade, biodiversity (including the Great Barrier Reef and forestry) and other resources.

This complex array of inter-connected contexts provides a wealth of case studies and examples through which to use a thematic approach to examine local, national and global strategies for natural resource regulation and property rights.

Learning Outcomes

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

1. Assess and critically evaluate historical and contemporary theory, policy and legal institutions relevant to land, water and biodiversity ownership, exploitation and conservation including the role of the Federal (national) and/or state/territory governments;
2. Compare, contrast, and critically evaluate the property rights regimes and legal doctrines relevant to land, water and biodiversity resource sectors across different contexts and jurisdictions;
3. Critically investigate scholarly and theoretical material from multiple disciplines about property rights and sustainable use of land, water and biodiversity resources in an Australian or global context;
4. Appraise the nature of property rights regimes for the conservation of land, water and biodiversity resources; and
5. Independently research, critically examine and communicate about specific comparative aspects or problems of resource regulation in the land, water and biodiversity sectors in either a global or national context.

Research-Led Teaching

The research essay is a research based task. Additional instructions and research strategies appropriate for the subject matter of this course will be included as part of the course materials available via Wattle.

Required Resources

There is no required textbook. Readings and other resources will be made available on Wattle. These will be divided between required reading and additional resources, the latter not being essential reading.

Staff Feedback

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

• individual written feedback (and/or verbal feedback provided via Feedback Studio or equivalent) in Turnitin via Wattle

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

Task submission times refer to Canberra time (AEST/AEDT).

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

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

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 any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Frameworks including cultural context, themes in international law and Federal/State powers, and the National Reserve System.
2	Sustainable extraction of public resources including forests and fisheries.
3	Private property rights and rights of access to resources including freehold interests, Crown leases and licences and Native Title.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class participation	10 %	*	*	1, 2, 3, 4, 5
Research Essay Proposal	20 %	27/09/2021	05/10/2021	1, 2, 3, 4, 5
Research Essay	70 %	25/10/2021	12/11/2021	1, 2, 3, 4, 5

* 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 Academic Integrity . 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

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Assessment Task 1

Class participation

Format: Contributions to class discussions in the online zoom environment

Relationship between the Assessment Task and the Course Objectives:

Class participation provides an opportunity for students to engage with selected aspects of law and policy relating to regulatory regimes for the conservation of land, water and biodiversity.

Brief Description of the Task:

As guided by the assessment criteria and rubric students are required to browse the relevant Wattle pages including any recordings and readings, prior to the class, and to take opportunities in the zoom classroom to use the ideas in the materials to engage in discussion with teachers and with other students in the course.

Due Date: Each class and topic while the course is running.

Assessment Criteria as follows: please consult the rubric on Wattle for further detail

(1) Familiarity with and understanding of course content

• Appropriate description of reading material
• Consideration of fragmentation and/or integration of regimes for conservation of land, water and biodiversity

(2) Quality of observations and interventions including evidence of reflective and analytical thinking

• Clarity about what new knowledge has been gained or how personal thinking changed or how there has been growth in awareness.
• Sensitivity to diversity and other points of view alongside self-awareness.
• Incorporates critical analysis and suggestions for policy and legal change.

(3) Capacity to articulate ideas in a succinct, clear and respectful fashion and observation of class [n]etiquette

• Language is clear
• Concepts are explained accurately.

Assessment Task 2

Research Essay Proposal

Format: A written proposal attaching bibliography.

Relationship between the Assessment Task and the Course Objectives:

The research proposal provides the opportunity for students to frame a topic of their own interest on the subject matter of the course. The process of choosing a topic and conducting preliminary research encourages students to engage with the knowledge and skills contained in the learning outcomes for this course (as outlined on Programs and Courses).

Broadly this task involves:

• proposing a topic of interest and a question that will be addressed
• discussing potential research challenges and the strategies that might be adopted to overcome those challenges, and
• presenting a preliminary bibliography of both primary and secondary legal and policy resources as relevant to the proposed topic.

Due Date: 27 September at 5 pm. Late submission with an extension is permitted.

Length: 1,800 words (including any footnotes) excluding the bibliography.

Assessment Criteria:

The following is a modification of the Generic Research Essay criteria for this program to reflect the proposal stage of this task.

1. Framing of the context and Issues

• topic addresses the task instructions
• topic relates to the subject matter of the course and engages with the knowledge and skills contained in the learning outcomes for this course
• proposal includes discussion how the topic has been selected and then focused as appropriate to the word limit
• scope is clearly defined (including stating what will not be covered if necessary)
• relevant legal and policy issues raised by the topic are clearly and concisely identified
• the topic includes, in a preliminary way, a question that can be answered within the time frame and with available resources

2. Communication & development of preliminary ideas

• structure of proposal is logical and material is well-organised
• ideas/paragraphs are linked coherently

3. Discussion of topic and preliminary analysis of material gathered including

• accurate reference to relevant primary and secondary materials
• proposal is not overly descriptive and presents some limited preliminary critical analysis and evaluation
• proposal considers relevance of suggestions for change where appropriate
• proposal engages with interdisciplinary perspectives where appropriate
• proposal considers the scope for addressing opposing viewpoints as uncovered in a preliminary reading of the secondary literature
• proposal foreshadows preliminary/tentative conclusions to the question as posed and thus far analysed (noting this can still change).

4. Research and preliminary bibliography

• inclusion of a substantial and representative bibliography
• discussion in proposal and/or the content of the bibliography demonstrates preliminary research covering primary legal (eg, legislation and case law), secondary legal materials and policy materials as relevant.
• appropriate range of research sources for topic
• good organisation of sources and synthesis of research materials found
• inclusion of theoretical material where appropriate
• proposal considers any challenges for completion of the research for the topic and suggests strategies to overcome those challenges

5. Presentation and style

• good use of structure, section headings and paragraphs to explain topic and preliminary research
• clarity and conciseness of expression
• use of appropriate terminology and correct grammar, syntax and spelling
• style according to Australian Guide to Legal Citation (AGLC)
• adherence to word limit

(For clarity, footnotes in the research essay proposal are optional but if utilised must adhere to AGLC)

Assessment Task 3

Research Essay

Format: Research essay adhering to the writing and argument conventions adopted in the discipline of law.

Relationship between the Assessment Task and the Course Objectives:

The research essay is directly linked to Objective 5 (Research, critically examine and communicate in writing about a problem or specific aspect of land, water and biodiversity law and policy). This is the student’s opportunity to research and write about a particular aspect of land, water and/or biodiversity law and policy that contributes to biodiversity conservation, thereby facilitating the deepening of students’ understanding of the design and implementation of the law. In doing so the research essay contributes to meeting objectives 1 – 4.

Approval of Topic: Through Assessment Task 4 students have the opportunity to design a research essay project on a topic of their own choice and to receive timely feedback.

Due Date: Monday 5:00pm 25th of October 2021

 Length: 4,200 words (including footnotes but excluding bibliography)

Estimated Date of Results and Feedback: With the release of results for this course

Assessment Criteria: The Generic Criteria for Research Essays in the LLM program have been adopted.

a) Understanding of the Issues

• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b) Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

c) Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
•  suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions

d) Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay

e) Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a final and comprehensive bibliography
• style according to Australian Guide to Legal Citation
• adherence to word limit

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

Policy regarding late submission is detailed below: In this course,

• Late submission is permitted. Late submission of assessment tasks without an extension is penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks without an extension 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.

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