It is well-recognised that environmental law intersects with many other areas of law and legal practice. LAWS8189, as an introductory environmental law course, surveys relevant parts of public law subjects, such as constitutional law and administrative law, and elements of common law such as nuisance and aspects of property law, from an environmental perspective. As the subject matter includes many statutes, it relies heavily on cases that engage with statutory interpretation.
This course is primarily designed for LLM students who may not have an undergraduate law degree or have not previously studied any environmental law. Prospective students who have previously studied law and are familiar with general legal principles of an undergraduate law degree or who have previously studied the subject matter in environmental law are referred to the more specialist and advanced environmental LLM courses being offered, such as LAWS8280 Land, Water and Biodiversity, LAWS8662 Environmental Risk and Disaster Law or LAWS8484 Climate Law. As LAWS8189 is also a domestic environmental law course, students interested in International Environmental Law are referred to LAWS8264 International Law of the Environment.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Critically evaluate the origins and sources of environmental law.
- Synthesise the key principles of, and institutions within, environmental law, in order to propose solutions to environmental law problems.
- Critically analyse the process and responsibilities involved in making and interpreting environmental laws and suggest reforms.
- Analyse and reflect on the interplay between politics, policy, science and values in environmental law.
- Research, critically examine and communicate in writing about a problem or specific aspect of environmental law.
Required Resources
There is no prescribed textbook for this course. A full list of readings/E brick will be made available on Wattle two weeks prior to the course commencement date.
Recommended Resources
Whether you are on campus or studying online, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment. ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.
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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.
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
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 |
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| 1 | Topic 1: The Origins and Growth of Environmental Law
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| 2 | Topic 2: The Power of the Commonwealth and the States
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An understanding of Commonwealth Constitutional Law will be helpful for this topic. |
| 3 | Topic 3: NSW Planning and Development Control
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This topic allows for problem-based learning. An understanding of the fundamentals of Administrative Law will be helpful. |
| 4 | Topic 4: The Enforcement of Environmental Law
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| 5 | Topic 5: The Common Law and the Courts
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This topic allows for problem-based learning. An understanding of the fundamentals of Administrative Law will be helpful. |
| 6 | Topic 6: Land Tenure and Property Rights
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| 7 | Topic 7: Reflections on the Progress of Environmental Law |
Tutorial Registration
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Assessment Summary
| Assessment task | Value | Due Date | Return of assessment | Learning Outcomes |
|---|---|---|---|---|
| Short Test 1 | 10 % | 14/08/2023 | 28/08/2023 | 1,2,3,4 |
| Short Test 2 | 20 % | 09/10/2023 | 23/10/2023 | 1,2,3,4 |
| Research Essay | 50 % | 27/10/2023 | * | 1,2,3,4,5 |
| Short Test 3 | 10 % | 06/11/2023 | * | 1,2,3,4 |
| Class Participation | 10 % | * | 03/11/2023 | 1,2,3,4 |
* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:
- Academic Integrity Policy and Procedure
- Student Assessment (Coursework) Policy and Procedure
- Special Assessment Consideration Guideline and General Information
- Student Surveys and Evaluations
- Deferred Examinations
- Student Complaint Resolution Policy and Procedure
- Code of practice for teaching and learning
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 Skills 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
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.
Examination(s)
There is no final examination for this course.
Assessment Task 1
Learning Outcomes: 1,2,3,4
Short Test 1
Details of Task: The first of three tests to be completed as outlined below. Test 1 (worth 10 %) will contain several short answer questions seeking your reflections about readings and classes from the course for Topics 1 and 2 (weeks 1 - 3).
Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.
Weighting: 10%
Release: 5pm, 11 August 2023
Word Limit: 600 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.
Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.
Due Date: 5pm, 14 August 2023. Late submissions (without an extension) are permitted, but late penalties will apply.
Estimated Return Date: 28 August 2023
Assessment Criteria: An assessment rubric and details of this assessment task will be available on the Wattle site.
Assessment Task 2
Learning Outcomes: 1,2,3,4
Short Test 2
Details of Task: The second of three short tests to be completed as outlined below. Test 2 (worth 20%) will be have a focus on Topics 2 and 3 (and part 5) and will involve a problem-solving component (requiring an understanding of the fundamentals of Administrative Law).
Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.
Weighting: 20%
Release: 5pm, 6 October 2023
Word Limit: 1200 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.
Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.
Due Date: 5pm, 9 October 2023. Late submissions (without an extension) are permitted, but late penalties will apply.
Estimated Return Date: 23 October 2023
Assessment Criteria: An assessment rubric and details of this assessment task will be available on the Wattle site.
Assessment Task 3
Learning Outcomes: 1,2,3,4,5
Research Essay
Details of Task: The research essay has to be an academic essay with a well-defined thesis and argument. 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 your course convenor by email, giving at least some indication of one (or more) topics which you are interested in addressing.
Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.
Weighting: 50%
Release: A list of questions will be released on Wattle on 1 September 2023. Students can also select their own research topic, subject to the convenor's approval.
Word Limit: 3000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.
Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.
Due Date: 5pm, 27 October 2023. Late submissions (without an extension) are permitted, but late penalties will apply.
Estimated Return Date: Official end-of-semester results release date.
Assessment Criteria: A detailed rubric will be issued with the questions. Indicative criteria are as follows:
- Clear explanation of what the paper is attempting to accomplish;
- Depth of research appropriate for a substantial research paper;
- Ability to critically evaluate materials;
- Quality and precision of argument(s) including providing support for arguments made;
- Quality of expression and correctness of grammar; and
- Appropriate referencing.
Assessment Task 4
Learning Outcomes: 1,2,3,4
Short Test 3
Details of Task: The third of three short tests to be completed as outlined below. Test 3 will contain several short answer questions seeking your reflections about readings and classes from the course for Topics 4, 5, 6 and 7 (weeks 7 - 12).
Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.
Weighting: 10%
Release: 5 pm, 3 November 2023
Word Limit: 600 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.
Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.
Due Date: 5pm, 6 November 2023. Late submissions (without an extension) are permitted, but late penalties will apply.
Estimated Return Date: Official end-of-semester results release date.
Assessment Criteria: An assessment rubric and details of this assessment task will be available on the Wattle site.
Assessment Task 5
Learning Outcomes: 1,2,3,4
Class Participation
Details of Task: Structured participation throughout the semester; further details will be released on Wattle.
Nature of Task: Compulsory and non-redeemable. Failure to participate will result in a mark of zero for this assessment task.
Weighting: 10%
Estimated Return Date: 3 November 2023
Academic Integrity
Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.
The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.
The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.
The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.
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 granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.
Referencing Requirements
The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.
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 Access 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
Convener
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Research InterestsEnvironmental law, environmental history, cultural history, risk assessment and scientific uncertainty |
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AsPr Judith Jones
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