This course will examine legislation, policy and case law relevant to strategic environmental land-use planning, the control of development and environmental risk assessment. The course will take a thematic and comparative approach to planning policy and law in multiple jurisdictions. The role, powers and functions of different levels of governments in planning and EIA will be examined with case studies and examples used to illustrate current environmental land-use planning problems.

The course content falls into three broad inter-related topics: land-use planning policy and context, strategic planning and development control.

Embedded within each of these topics will be an examination of theories of environmental decision-making including the use of expertise and science in environmental decision-making; treatment of uncertainty and ‘regulatory science’ in risk regulatory contexts; standards of preventive and precautionary regulation; and, relevant case law on standards of science relevant to domestic and international risk regulation contexts.

Also within each topic the role of the community, proponents, federal and state governments, the courts and tribunals in environmental land-use planning outcomes will be examined. The course will provide the opportunity for students to further develop research skills, to engage with others in an online learning environment and to improve their analytical and written communication skills.

Learning Outcomes

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

1. Explain and critically evaluate historical and contemporary theory, policy and legal institutions relevant to developing principles of environmental land-use planning law in Australia.
2. Compare, contrast and reflect on strategic planning for environmental land-use in Australia.
3. Examine, interpret and evaluate the procedures and legal doctrines relevant to controlling development in Australia.
4. Collaborate online to compile and recommend research resources relevant to an understanding of and in-depth researching in environmental land-use planning law in Australia.
5. Research, critically examine and communicate in writing about a problem or specific aspect of land-use planning law in Australia.

Research-Led Teaching

The course convener is an active researcher in Environmental Law. The written assessment tasks are research based tasks. Additional instructions and suggestions for using the ANU research databases 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	Tuesday 10 May 6 -8 pm Course introduction and the discretionary administrative law context	Before each class, students are expected to listen to additional pre-recorded podcasts embedded on Wattle pages accompanied by additional readings. Over the three weeks of classes, these podcasts will provide additional hours equivalent to a futher 14 hours of lectures. The relevant Wattle pages for the forthcoming week will be released on the Friday of the previous week (at the latest).
2	Wednesday 11 May 6-8 pm Strategic Planning Policy
3	Tuesday 17 May 6-8 pm Development Control
4	Wednesday 18 May 6-8 pm Environmental Impact Assessment	Thursday 19 May submit case study proposal (optional) for feedback
5	Tuesday 23 May 6-8pm Evidence based decision-making
6	Wednesday 24 May 6-8 pm Final themes and conclusions
7		In-class student presentations Tuesday 31 May and 1 June. All students are expected to attend to listen to presentations.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Individual Case Study Proposal submitted for informal feedback	0 %	19/05/2022	20/05/2022	1,2,3,4,5
Presentation (Individual Case Study)	20 %	31/05/2022	06/06/2022	1,2,3,4,5
Written Assignment (Individual Case Study)	30 %	20/06/2022	29/06/2022	1,2,3,4,5
Research Essay	50 %	04/07/2022	03/08/2022	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

The scheduled classes will be a mix of mini-lectures using brief powerpoints for structure interspersed with Q&A and discussion. The parts of the classes which are in the style of lectures will be recorded. However, to facilitate free discussion, each time the session switches to discussion, the recording will be paused and the discussion parts of these class will not be recorded.

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 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

Individual Case Study Proposal submitted for informal feedback

Name of Task: Individual Case Study Proposal

Details of Task: Research proposal for informal feedback.

The individual case study research project (Individual Case Study) is described further below in Tasks 2 & 3. This task is an opportunity for students to informally submit a proposal, on their Individual Case Study, to gain advice and feedback in preparation for completing Assessment Tasks 2 & 3. For all students that submit the proposal, the Convenor will provide written feedback on the student's selected case study.

Nature of the task: Optional

Weighting: 0%

Release: From commencement of course.

Word Limit: Approximately 500 words

Due Date: 5pm Thursday 19 May 2022. Submission is via email to the course convenor.

Estimated return date: 5 pm Friday 20 May 2022. The convenor will return these to you as soon as possible, so that you can continue to develop your presentation.

Late submissions will be accepted but such swift return is not guaranteed.

Assessment criteria: Refer to assessment task 2 below (especially (a) and (b)) and also assessment task 3 ((a) - (d) so far as can be developed at this early stage).

Assessment Task 2

Presentation (Individual Case Study)

Name of Task: Presentation (Individual Case Study)

Details of Task: Oral presentation of individual case study research project.

This individual research project will require students to apply concepts covered in this course to a land-use planning/EIA context, or case study, of their own interest. The individual case study project is a task designed to allow engagement with the breadth of topics in the course.

The oral presentation will occur in scheduled class time accompanied by visual or other support aids. The presentations will be recorded for the purposes of assessment validation, but these recordings will not be made available to students and it is expected that students attend the designated class in person online.

Further information will be issued with the task instructions.

Nature of the task: Compulsory

Weighting: 20%

Release: Case study presentation is on a topic of your own choice, developed during the course using the process outlined in Task 1.

Duration: 15 minute presentation with 5 minutes for questions including attendance for the whole of at least one of the two presentation evenings (ie, the whole evening that your presentation is on). Students are welcome to attend both presentation evenings/sessions if they wish.

Due Date: Final dates and times to be confirmed in week 1 of the course using a sign-up system on Wattle. The presentations will be held in the week commencing 30 May 2022 which is the week after the classes end. (There will be two presentation sessions on 31/5 and 1/6 in the regular times that classes were held (6 pm - approximately 8 pm)). Students need to attend the whole of one of these two evenings. Due to the nature of the task, late submissions are not permitted.

Estimated return date: Monday 06 June 2022

Assessment criteria:

a) Preparation and understanding of the material as discussed in classes

• consulting and reading pre-assigned materials as relevant to the presentation
• linking material between various aspects of the case study and course topics
• consulting literature identified in the Wattle materials
• where necessary undertaking original research

b) Thinking critically about the material

• looking at questions from different angles
• questioning assumptions

c) Presentation of material to class

• expressing ideas clearly
• use of appropriate language
• use of relevant aids, ie. white board, powerpoint, on-line material, readings

d) Engagement with the Class

• responding to questions from fellow students and instructors
• treating all members of the class respectfully
• maintaining class interest

Assessment Task 3

Written Assignment (Individual Case Study)

Name of Task: Written Assignment (Individual Case Study) 

Details of Task: Written assignment submitted on the individual case study research project.

This task is a written submission on the same case study that was discussed in Assessment Tasks 1 & 2. As explained above, this individual case study will require students to apply concepts covered in this course to a land-use planning/EIA context, or case study, of their own interest. The task is designed to allow engagement with the breadth of topics in the course. Further information will be issued with the task instructions.

Nature of the task: Compulsory

Weighting: 30%

Release: from commencement of the course

Word Limit: 1800 words

Due Date: 5pm Monday 20 June 2022. Late submissions without an extension are permitted, although late penalties will apply.

Estimated return date: Wednesday 29 June 2022

Assessment Criteria:

The following is a modification of the Generic Research Essay criteria for this program to reflect the case study nature of this task. There is less emphasis on a central argument or thesis and more emphasis on demonstrated consideration of a broad range of course topics and the evaluation of legal/policy approaches to the particular land-use planning/EIA context.

a) Understanding of the context and issues

• addresses the task instructions
• selection and narrowing of case study appropriate to the word limit/task
• evidence of close consideration of context
• proportionately balanced coverage of the topic areas in the course as relevant to the case study context and as discussed in class
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the case study context and is analysed (not just summarised or quoted extensively)

b) Communication & Development of Ideas

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

c) Analysis involving application and evaluation

• accurate reference to relevant course materials regarding the application of a range of regulatory approaches and theory
• critical analysis of the material and approaches
• evaluation and assessment of any secondary materials providing evidence of success or failure of regulatory approaches
• suggestions for change where appropriate
• interdisciplinary perspectives where appropriate
• addressing of opposing viewpoints in secondary literature
• well-reasoned conclusions

d) Research

• research covering primary legal (eg, legislation and case law) 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 bibliography
• style according to Australian Guide to Legal Citation
• adherence to word limit

Assessment Task 4

Research Essay

Name of Task: Research essay.

Details of Task: This is the student’s opportunity to research and write about a particular aspect of land-use planning/EIA law, thereby facilitating the deepening of students’ understanding of the design and implementation of the law. Students will be provided with a choice of pre-set essay topics (available during week 2 of the course). Alternatively students may propose their own topic on an area covered in the course related to land-use planning/EIA law in Australia. If students select their own topic, they must submit their topic to the Course Convenor (via email) by 9am Wednesday 16 June 2022. The Course Convenor will give feedback and/or approval on the topic by 5 pm Friday 18 June 2022.

Nature of the task: Compulsory

Weighting: 50%

Release: Week 2 of the course

Word Limit: 3000 words

Due Date: 5pm Monday 4 July 2022. Late submissions without an extension are permitted, although late penalties will apply.

Estimated return date: Wednesday 3 August 2022

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

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 tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per 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.

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