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Special Topic in Environmental Law

Unit code: LWN173
Contact hours: 26hrs in total
Credit points: 12
Information about fees and unit costs

Advanced level research frequently draws on the expertise of leading national and international researchers who visit the Law Faculty, as well as research developing out of activities (grants etc) in the Faculty or related entities (Centres of Excellence etc).

By enrolling in Special Topic in Environmental Law, Graduate Certificate in Law (LW60) students and Master of Laws (LW51) students can take advantage of the expertise of these acknowledged experts, enrol in this unit and gain knowledge in areas of interest that may only be available for a limited period of time at QUT, while at the same time counting this unit as part of a major in Environmental Law.


Availability
Semester Available
2012 5TP8 Yes

Sample subject outline - 5 Week Teaching Period - 8 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

Australians have a long association with the sea, one born out of necessity and practicality. The use of the Australian maritime and coastal zone is however complicated by the legal regimes which apply to the offshore areas. It is an uniquely Australian arrangement and study of this constitutional arrangement and the application of laws will enhance understanding for those seeking to work or undertake further study in the area. This unit provides an analysis of the international and domestic (Commonwealth and state) legal regimes which exist so that students may understand what law applies to particular sectors and activities in the coastal and maritime domain.

Aims

The aims of this unit are to develop an understanding of the legal arrangements which apply in the coastal and maritime domain and to enable the application of this knowledge and understanding to sectors and activities as issues arise.

Objectives

On completion of this unit you should be able to:

1. Demonstrate knowledge of the applicable international law which supports Australia's laws in the offshore area;
2. Understand the Offshore Constitutional Settlement and its historical context;
3. Understand the differing legal regimes applicable to ports, shipping, fisheries, native title rights, natural resources and marine parks;
4. Apply knowledge gained to practical issues across sectoral uses including shipping, ports, fisheries, marine parks, native title rights and maritime enforcement;
5. Obtain a working knowledge of the complexities of coastal and marine management in the context of the Australian constitutional arrangements and be able to apply that knowledge to varying scenarios.

Content

This unit provides a comprehensive overview of the legal regimes which apply to the Australian coastal and maritime domain. It provides an outline of the offshore constitutional arrangement which applies to the maritime zone and an explanation of the way in which Commonwealth and state law applies. This framework will be used to investigate various uses of the coastal and maritime domain including ports, harbours, shipping and fisheries, as well as measures employed to protect coastal and offshore areas such as marine parks and environmental regulation.

The Modules are:

Module 1: The physical coastal and marine environment
Module 2: The international legal framework underpinning coastal state rights in offshore areas
Module 3: Constitutional arrangements and the application of Commonwealth and state law
Module 4: The role of local councils
Module 5 Marine environmental management including pollution controls
Module 6: Fisheries Management
Module 7: Ports and Harbours
Module 8: Shipping
Module 9: Native Title in coastal and marine waters
Module 10: Maritime regulation and enforcement

Approaches to Teaching and Learning

Students will be required to attend 26 hours of formal instruction over the course of 4 days. There will be opportunities for class discussions of case studies. Readings will be listed for the Modules and students will be expected to have reviewed these to be able to contribute to class discussions. Students will have access to an on-line teaching site (BLACKBOARD).

Assessment

Formal written feedback will be provided for each piece of summative assessment.

Students will receive informal feedback on their understanding of unit materials and assessment tasks during classes.

Students may also seek more formal feedback by arranging a consultation with the course coordinator.

Assessment name: Discussion Forum
Description: The purpose of this assessment item is to encourage active student learning and thereby facilitate student understanding. Students will be encouraged to contribute to discussions and to respond to contributions from fellow students.
Relates to objectives: This assessment item is designed to achieve learning outcomes 1-3 and outcomes 4 -5 from mid semester.
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: In Class

Assessment name: Project (research)
Description: At the first class, time will be dedicated to a discussion of research topics so that students may develop research paper outlines and commence well structured research.

An outline (1500 words) for the selected research topic is to be submitted at a date to be advised at the first class. The outline is to include a synopsis of the topic/problem, literature review and a research methodology.

The research topic must be approved in writing by the unit coordinator.
Relates to objectives: 1 - 5
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: 3 Wks aftr Blk aprx

Assessment name: Research Paper
Description: A research paper (5,500-7000 words) is to be submitted at a date to be advised at the first class.

The paper will be an extended written paper about an issue identified through research conducted for your outline (Assessment Item 2). It will address the particular legal, policy and practical issues arising from your study of your topic and must be presented as a well written and researched scholarly paper of publishable quality. It will require a high level of critical analysis and argument supported by in-depth research. Care must be paid to writing with clear and concise expression. Papers must adhere to the 'Guidelines for Presentation of Research Papers and Research Projects' and to the Law School citation guidelines.

The research paper issue must be approved in writing by the unit coordinator.
Relates to objectives: 1-5
Weight: 60%
Internal or external: Internal
Group or individual: Individual
Due date: 8 Wks aftr Blk aprx

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Baird, Rachel and Rothwell, Donald R (eds), Australian Coastal and Marine Law (Federation Press, 2011).

Further readings for Modules will be listed on Blackboard.

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Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 28-May-2012