Environmental law intersects with many other areas of law and legal practice, including constitutional law, administrative law, common law (such as nuisance) and property law. This course examines aspects of these areas of law from an environmental perspective and 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.  

As the subject matter includes many statutes, it relies heavily on cases that engage with statutory interpretation. 

Topics covered include: 

• The Origins and Growth of Environmental Law 
• The Power of the Commonwealth and the States 
• NSW Planning and Development Control 
• The Enforcement of Environmental Law 
• The Common Law and the Courts 
• Land Tenure and Indigenous Property Rights 
• Reflections on the Progress of Environmental Law 

To develop their knowledge and skills, students will engage in a range of learning activities, including interactive seminars which give students the opportunity to develop their oral communication skills. The course is also designed to develop research and writing skills. 

Learning Outcomes

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

1. Analyse the origins and sources of environmental law. 
2. Synthesise knowledge of the key principles, theories, approaches and institutions within environmental law, in order to propose solutions to environmental law problems. 
3. Investigate the process and responsibilities involved in making and interpreting environmental laws.
4. Analyse and reflect on the interplay between politics, policy, science and values in environmental law. 
5. Research and communicate in oral or written form about a problem or specific aspect of environmental law. 
6. Critically analyse the role and implications of environmental law within the context of diverse perspectives, including Indigenous rights and interests.

Field Trips

No field trips.

Additional Course Costs

There are no additional class costs.

Examination Material or equipment

No additional examination materials or equipment are required.

Required Resources

There is no prescribed textbook for this course. An annotated list of readings will be made available via Leganto and Canvas 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 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/extensions-late-submission-and-penalties
• Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application
• Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations
• Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties
• Distribution of grades policy: https://law.anu.edu.au/grading
• Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course is available from the course Canvas page. Students are required to access the Canvas site regularly throughout the course for any announcements relating to the course.

 

Artificial Intelligence (AI)

The ANU Academic Integrity website (https://www.anu.edu.au/students/academic-skills/academic-integrity ) provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide (https://libguides.anu.edu.au/generative-ai ) is a valuable resource for gaining a comprehensive understanding of AI's role in academia.
• The ANU Academic Skills site (https://www.anu.edu.au/students/academic-skills ) provides useful information to ensure that you leverage AI responsibly and effectively.
• The ANU College of Law, Governance and Policy Academic Integrity and Misconduct site (https://law.anu.edu.au/academic-integrity-and-misconduct ) provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Topic 1 (weeks 1 - 3): The Origins and Growth of Environmental Law Introduction - culture and philosophy Objectives of environmental law including ESD ESD including precaution and policy on climate change	In line with the University’s recording policy, lectures will be recorded and made available for students on Echo360.However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.
2	Topic 2 (weeks 4 - 6): The Power of the Commonwealth and the States Division of environmental and climate governance responsibility EPBC Act (Cth), Biodiversity protection and conservation State/Territory legislative responsibilities	At the beginning of the class in week 4 there will be a 45 minute in-class test. An understanding of Commonwealth Constitutional Law will be helpful for this topic.
3	Topic 3 (weeks 7 - 9): NSW Planning and Development Control The strategic planning system Policy responses to climate change Development control Environmental impact assessment Public participation	This topic allows for problem-based learning. An understanding of the fundamentals of Administrative Law will be helpful.
4	Topic 4 (part week 9): The Enforcement of Environmental Law Regulatory theory Compliance
5	Topic 5 (week 10): The Common Law and the Courts Relevant common law doctrines and duties Possibly start on property rights (Topic 6).
6	Topic 6 (week 11) Land Tenure and Property Rights Indigenous rights and interests Resource ownership Final reflections on the progress of environmental law
7	Within the class time in week 12 there will be a 2.5 hours in-class test.	Within the class time in week 12 there will be a 2.5 hours in-class test.

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
In-class Test A	10 %	17/08/2026	01/09/2026	1,2,3,4
In-class Test B	35 %	26/10/2026	*	1,2,3,4
Research Essay and Research Evaluation	50 %	05/11/2026	*	1,2,3,4,5,6
In-Class Participation	5 %	*	30/10/2026	2,4,5,6

* 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 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
• Extenuating Circumstances Application
• 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 ‘Canvas’ 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, Governance and Policy 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.

Examination(s)

There is no final formal examination for this course.

Assessment Task 1

In-class Test A

Details of Task: This test will cover the materials and classes for Topic 1 (weeks 1 - 3). Further details about the test structure and style of questions will be available via Canvas on Monday 10 August 2026.

Nature of Task: Compulsory and non-redeemable. Failure to complete this in-class test will result in a mark of zero for this assessment task.

Weighting: 10%

Release: The test will commence at the beginning of the scheduled class in week 4.

Time Limit: 60 minutes. It is recommended that you spend 15 minutes reading the questions and planning your response(s) and 45 minutes of actual writing time.

Submission Requirements: The test will be completed in the usual classroom, in person, in hand writing within script books under conditions that mimic examination invigilation; open book with no electronic devices. Responses will be handed in to the Convenor at the end of the elapsed time.

Date of Test: Monday 17 August 2026.

If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension to reschedule the assessment here. When submitting your request, please select the Assessment Extension button rather than the Extenuating Circumstances Application option as this assessment is not an invigilated exam. The College will give you one final opportunity to complete the assessment at 5pm on Monday 31 August 2026. If you have already accessed the assessment, you will not be approved to reschedule and will need to complete the task by the due date. Late submission is not permitted.

Time adjustments can be applied for this task but are not applied automatically. If you require a time adjustment, please apply here

Estimated Return Date: Tuesday 1 September 2026.

Assessment Criteria: An assessment rubric and details of this assessment task will be available on the Canvas site.

Assessment Task 2

In-class Test B

Details of Task: This longer test will cover the materials and classes for Topics 1-6 (weeks 1 - 11) but with an emphasis on the topics and weeks that were not tested in Assessment Task 1. Further details about the test structure and style of questions will be available via Canvas on Monday 12 October 2026. There will be a compulsory problem-solving component inspired by Topics 2 and 3. The problem solving component will apply fundamental principles of Administrative Law. If you have not completed Administrative Law you may need to complete extra reading as part of your preparation.

Nature of Task: Compulsory and non-redeemable. Failure to complete this assessment will result in a mark of zero for this assessment task.

Weighting: 35%

Release: The test will commence at the beginning of the scheduled class in week 12.

Time Limit: 150 minutes. It is recommended that you spend 15 minutes reading the questions and planning your response(s) and 135 minutes of actual writing time.

Submission Requirements: The test will be completed in the usual classroom, in person, in hand writing within script books under conditions that mimic examination invigilation; open book with no electronic devices. Responses will be handed in to the Convenor at the end of the elapsed time.If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension to reschedule the assessment here . When submitting your request, please select the Assessment Extension button rather than Extenuating Circumstances Application option as this assessment is not an invigilated exam. The College will give you one final opportunity to complete the assessment, at the same time two weeks later. If you have already accessed the assessment, you will not be approved to reschedule and will need to complete the task by the due date. Late submission is not permitted. Time adjustments can be applied for this task but are not applied automatically. If you require a time adjustment, please apply here

Date of Test: Monday 26 October 2026.

If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension to reschedule the assessment here. When submitting your request, please select the Assessment Extension button rather than the Extenuating Circumstances Application option as this assessment is not an invigilated exam. The College will give you one final opportunity to complete the assessment at 5pm on Monday 31 August 2026. If you have already accessed the assessment, you will not be approved to reschedule and will need to complete the task by the due date. Late submission is not permitted.

Time adjustments can be applied for this task but are not applied automatically. If you require a time adjustment, please apply here

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 Canvas site.

Assessment Task 3

Research Essay and Research Evaluation

Details of Task: The research essay (worth 40%) has to be an academic essay with a well-defined thesis and argument. A list of questions will be released on Canvas. Students will also have the option of doing a topic of their own choosing, relating to the subject matter of the course, with the Convenor's written 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. Further details addressing all requirements for the research essay will be available on Canvas from Friday of week 1 (31 July 2026). This task provides an opportunity for a student to undertake authentic independent research and writing and may be subject to an in-person viva to verify authenticity if required.

The research evaluation (worth 10%) will involve a critical evaluation of the research resources and research methods used. Further details addressing all requirements for the research evaluation will be available on Canvas from Friday of week 1 (31 July 2026).

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% comprising the research essay (40%) and the research evaluation (10%)

Release: Essay questions and further details will be released on Canvas by Friday 31 July 2026.

Word Limit: 3,000 words in total for both the research essay and the research evaluation. Further recommendations for dividing words between the essay and the evaluation will be provided on Canvas. The ANU Law School excess word penalty policy can be found here.

Submission Requirements: A list of questions will be released on Canvas by the end of week 1. 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, Thursday 5 November 2026. Late submissions (without an extension) are permitted, but late penalties will apply. Please be aware that if you are in your final course(s), any late submissions may delay your conferral date.

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:

• Response to the question;
• Clear explanation of what the paper is attempting to accomplish;
• Engagement with aspects of any relevant theory;
• 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;
• Evidence of student's own voice; and
• Appropriate referencing.

Assessment Task 4

In-Class Participation

Details of Task: Structured participation throughout the semester including reflections on class discussions. Further details will be released on Canvas and explained in class. Attendance records will be taken and students will be required to submit participation to the Convenor by email during classes in response to class activities/discussion.

In-Class Participation A Weeks 1 - 6. Weighted 2.5%

In-class Participation B - Weeks 7-11. Weighted 2.5%

Nature of Task: Compulsory and non-redeemable. Failure to participate will result in a mark of zero for this assessment task.

Weighting: 5%

Due Date: Ongoing. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: In-Class Participation A — Weeks 1–6: Friday 4 September 2026. In-Class Participation B — Weeks 7–11: Friday 30 October 2026.

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

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.

Resubmission of Assignments

• Maximum Submissions: Students can submit up to three times per assessment.
• Final Submission Counts: Only the last uploaded version will be marked — provided it is uploaded before marking begins.
• Late Submissions: If submitted after the due date, the final version will still be marked, but late penalties will apply (unless an extension has been approved).
• No Submissions After Return Date: Once the return-of-assessment date has passed, NO submissions will be accepted.
• Marking Already Started: If a marker has already begun marking a version, that version will be the one assessed — even if a newer one is uploaded later.

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 Accessibility 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 supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students