Units

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Sample subject outline - 5 Week Teaching Period - 3 2012

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

Rationale

The law relating to non-freehold land in Queensland ("State lands") has often been thought of as an area of study and practice almost exclusively the domain of the rural legal practitioner. The recognition of native title has sharply brought into focus the need for a greater understanding of the rights of those who have interests in non-freehold land, including native title holders. Also, an increasing recognition of the need to protect land as a valuable natural and economic resource has motivated a rethinking by governments of the way in which legislation can be utilised to regulate the management and use of certain parcels of land, including non-freehold land. As non-freehold land covers approximately 80% of the land mass of Queensland, there is a demand for understanding how the peculiar regulatory schemes which govern such land operate and affect interested parties. As well, there is a demand for understanding the State grants system in the wider context of the study of land law in Queensland.

Aims

This unit aims to introduce you to the study of non-freehold land in Queensland. It will cover the legal regulatory systems which govern State land, how these systems operate and their impact on interested parties.

Objectives

On completion of this unit, students should be able to-
1. Demonstrate a high level of knowledge and understanding of the State lands regulatory scheme in Queensland (including its objects), and in particular, the law and practices relating to the State leasehold system, and the importance of the scheme to land law in Queensland;
2. Identify, analyse and appreciate key issues in State lands law as demonstrated by your contribution to discussions;
3. Critically evaluate the impact of native title on land in Queensland;
4. Demonstrate a high level of understanding of contemporary policies and problems relating to State lands law and practice; and
5. Demonstrate the ability to conduct research at an advanced level by writing a research paper on contemporary issues in State land law and practice with emphasis on comparative material on State lands legislation in other jurisdictions in Australia.

Content

As the unit examines a unique system of land tenures and dealings which is not studied in any great depth at undergraduate level, the focus of the unit will be on-

• The current legislative scheme and current policies relating to non-freehold land in Queensland;
  
• Contemporary issues within the context of the prevailing legislative and policy frameworks; and
  
• The development of generic skills including research skills and critical evaluation skills that may be applied in other areas of study.

The unit will be studied under the following areas-

(a) State lands legislation in context

(i) The historical features of the State lands legislative framework in Queensland
(ii)The policy and legislative objectives of land management / land care statutes such as the Land Act 1994 (including the need for such legislation)

(b) State lands legislative framework in Queensland

(i)Analysis of the key legislation in Queensland dealing with State lands and non-freehold land (in particular, the Land Act 1994)

(c) Contemporary issues relating to State lands legislation

(i) Analysis of contemporary issues relating to State lands legislation, including, submerged lands and waterways, public purpose land (for example, reserves, deeds of grant in trust, protected areas (such as national parks), State forests and timber reserves, recreation areas and marine parks), transport infrastructure land (for example, roads, ports and railway land), native title and indigenous land rights, land management issues (including registration issues), rights and responsibilities of lessees, permittees and licensees, and the role of the State.

Approaches to Teaching and Learning

This unit will be taught in intensive mode, held over 4 days. Attendance is compulsory. The emphasis in this unit is on student research and participation. Students are required to prepare answers to set problems and engage in discussion about the problems during weekly lectures. The problems are designed to enable students to fully understand and critically evaluate principles and practices relating to State lands law.

The lecturer will facilitate discussion and ensure that discussion remains accurate and relevant.

To demonstrate an ability to understand, analyse and critically evaluate the relevant law and practices and to offer practical solutions to problems, students will be required to submit a research paper.

Assessment

Formative Assessment

Research paper

Students must submit a written summary (of approximately 100 words) on a proposed topic to the lecturer by the end of the third day of the intensive program. Students will be advised of the approval or otherwise of their topic.

Students will have the opportunity to consult with staff on an informal basis about any aspect of the unit throughout the semester.Oral feedback wil be offered to you by the lecturer during class discussion.

Assessment name: Class Participation
Description: Seminar participation will reflect the quality of participation and attendance. The aim of seminar performance assessment is to encourage students to participate in discussion of matters covered in seminars and to present their views orally on aspects of the subject matter of the unit.
Relates to objectives: 1 - 4
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: TBA

Assessment name: Research Paper
Description: Approximately 8,000 words in length
Students may choose any topic for their research paper provided it falls within the parameters of the unit and the objective of the research paper. However, the topic is subject to the approval of the lecturer.

Students must submit a written summary (of approximately 100 words) on a proposed topic to the lecturer by the end of the third day of the intensive program. Students will be advised of the approval or otherwise of their topic
Relates to objectives: 1, 3 and 4
Weight: 80%
Internal or external: Both
Group or individual: Individual
Due date: 8wks after classes

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

1.Boge. C, Queensland State Lands Handbook, Presidian (looseleaf)

2. Boge. C, Annotated Land Act 1994, Presidian (looseleaf)

3. Boge. C, State Leasehold in Queensland, The Federation Press

4. Boge. C, Property Law and Practice - Land Act, Thomson (looseleaf)

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: 07-Feb-2012