Units

---

Sample subject outline - Semester 1 2012

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

Rationale

Environmental Law has become a significant area of professional legal practice over the last decade or so. A number of firms of solicitors have set up units in their practices specialising in these areas. At the same time, these branches of the law have emerged as significant areas for research and publication. Most law schools have undergraduate courses in environmental law and several have introduced postgraduate courses in this area. There is a growing demand for courses in this area at postgraduate level on the part of those wishing to study the subject for the first time, and also on the part of those seeking to expand their existing knowledge and understanding of this area. This unit will create a framework within which further study is possible either by way of further units or more focused research papers.

Aims

The aim of this unit is to enable you to understand the relationships between the values of society, the strategies and policies of international and national institutions and the rules of law relevant to the management of the environment. The focus is upon the laws in Australia. The rules of law derive from most branches of the legal system. Environmental law builds upon the knowledge and understanding of the law that you have acquired during your career.

Objectives

On completion of this unit members of the class should be able to:
1. demonstrate an understanding of the principles and concepts of environmental law in Australia
2. demonstrate a knowledge of the law in Australia for the protection and conservation of the environment
3. demonstrate an understanding of a branch of the law which places as much emphasis upon principles and policies as upon rules and processes
4. use the analytical, intellectual, critical and practical skills associated with a unit which crosses traditional legal boundaries
5. develop an understanding of a branch of the law which seeks a compromise between private interests on the one hand and the wider public interest on the other hand
6. demonstrate an ability to conduct legal research at an advanced level
7. Demonstrate an ability to participate in oral analysis and debate on the material discussed in class
8. demonstrate an ability to compose a substantial research paper on a topic of contemporary relevance and of relative originality.

Content

The subject matter of the unit is the concepts, the principles and the rules according to which the environment in Australia is protected and conserved. The meaning of environment for this purpose is very wide and includes the biosphere, the geosphere, the atmosphere and the hydrosphere as well as human beings and their relationship with these spheres.

Approaches to Teaching and Learning

This unit is run in intensive mode. Attendance at these classes is essential. These classes are intended to perform two functions. The first is to disseminate knowledge about environmental law and the second is to ensure detailed understanding of the way the principles and rules of environmental law are applied. Environmental law is a large topic and any course is necessarily selective in the material which it deals with. This unit deals with the general principles which underpin the management of the environment generally and considers these principles more specifically in the contexts of environment protection and environment planning.. The acquisition of the relevant knowledge is primarily your responsibility prior to attendance of the classes. The focus of the classes is an analysis of the relevant primary materials. Knowledge of these materials is essential to a proper understanding of how they apply in practice. You will be invited to participate in these discussions during the course of the classes.

Assessment

The research project and the research paper are complemented by your participation during the classes. Each member of the class will be allocated a topic during the first session. You will be expected to present this topic to the class at a presentation of approximately 15 minutes. This presentation attracts 10% for the overall assessment. A further 10% of the overall assessment is devoted to your participation and attendance at the classes during the week in question. These items of assessment are a measure of your attainment of outcomes (1) to (5) and (7). Failure to attend classes may result in loss of seminar performance marks.

(a) Formative assessment
This includes comments on an ongoing basis about your discussion during the class, your responses to questions with the other students. It also includes comments on your presentation on your allotted topic, feedback on your research project and comment (if desired) on a preliminary draft of the research paper. In each of these cases the criteria are knowledge of the subject matter under discussion, clarity of thought, depth of research, depth of analysis, depth of understanding, intellectual creativity and conciseness of expression both verbal and written.

(b) Summative assessment
Research project 10%
Presentation of your allocated topic 10%
Your attendance and your participation in general 10%
Research paper 70%

The paper should comply with the rules for the presentation of theses in the section on ¿Requirement for presenting theses¿ in the Postgraduate Information Handbook. The research paper implements the research project approved by unit coordinator.

Assessment name: Research Project
Description: 500 word synopsis of research topic, literature review and research methodology
Relates to objectives: (1) - (5)
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: 1 wk after Class

Assessment name: Seminar Performance
Description: Participation and performance in seminars
Relates to objectives: (1) - (5) and (7)
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: During Class

Assessment name: Seminar Presentation
Description: 15 minute presentation on allocated topic
Relates to objectives: (1) - (5) and (7)
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: During Class

Assessment name: Research Paper
Description: The principal item of assessment is a research paper of approximately 6-7,000 words. This item of assessment is a measure of your attainment of outcomes (1) to
(6) and (8). This is based upon a research project proposed by you and approved by the unit coordinator. The research project is set out in a paper of about 500 words. This indicates the topic of the research paper; why it has been chosen; what theme will be examined; what materials will be analysed; and what methodology will be adopted. The paper setting out the research project is worth 10% of the overall assessment.
Relates to objectives: This item of assessment is a measure of your attainment of learning outcomes (1) to (5).
Weight: 70%
Internal or external: Internal
Group or individual: Individual
Due date: 8 wks after Class

Academic Honesty

Academic honesty means that you are expected to exhibit honesty and act responsibly when undertaking assessment. Any action or practice on your part which would defeat the purposes of assessment is regarded as academic dishonesty. The penalties for academic dishonesty are provided in the Student Rules. For more information you should consult the QUT Library resources for avoiding plagiarism.

Resource materials

Prescribed Material
Fisher, Australian Environmental Law: Norms, Principles and Rules
(Thomson Reuters, 2010)

Recommended Reference Material:

Fisher, DE Environmental Law: Text and Materials, LawBook Co, Sydney,
1993 (Fisher 1993, but now out of print)
Fisher, DE Natural Resources Law in Australia Law Book Co, Sydney, 1987
Bates, G Environmental Law in Australia 6th ed, LexisNexis, Australia, 2006
Fisher, Environmental Law in Australia University of Queensland Press, 1980
Fisher & Walton, Environmental Law Queensland, Law Book Co, 1996
Fisher, Environmental law in Queensland 2003, Queensland Environmental Practice Reporter 104, 2004

Prescribed Statutes

Nature Conservation Act 1992 (Qld)
Environmental Protection Act 1994 (Qld)
Environmental Protection Regulation 1998 (Qld)
Environmental Protection and Biodiversity Conservation Act 1999 (Cth)
Sustainable Planning Act 2009 (Qld)

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: 20-Feb-2012