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Environmental Law

Unit code: LWB485
Contact hours: 2 per week
Credit points: 12
Information about fees and unit costs

This unit provides an introduction to environmental law in Queensland: the sources, nature and development of environmental law in Queensland; the concepts of environmental law (for example property, administrative control, law and policy, planning, management); access to the environment; planning to prevent environment degradation and pollution; protecting the environment; managing the environment; conservation; ecologically sustainable development; enforcement of environmental law; the role of the Commonwealth.


Availability
Semester Available
2013 Semester 1 Yes

Sample subject outline - Semester 1 2013

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

Rationale

Environmental law is a relatively new and innovative area of law. It has been created in response to growing concerns in our community regarding the need to protect our environment from excessive harm, whilst enabling industrial activities to continue to operate and contribute to our economy. This unit will expose you to the practical application of concepts, principles and skills, learned and acquired earlier in your law course. You will also work on a series of real world environmental law scenarios which will integrate your understanding of the law and legal system. Environmental law has emerged in recent years as a significant area of professional legal practice. This unit is an elective unit in the law degree in the property and environment group and will be beneficial if you are intending to practise in environmental, planning, property or construction law or if you intend to work in the public sector in relation to the management of pollution, land or natural resources. The unit is offered in conjunction with the postgraduate unit LWN196.

Aims

The aim of this unit is to enable you to understand the concepts and principles of environmental law and how they apply to contemporary environmental issues present in our society. This unit will expose you to the practical application of concepts, principles and skills, learned and acquired earlier in your law course. You will also work on a series of real world environmental law scenarios which will integrate your understanding of the law and legal system.

Objectives

At the completion of this unit you should be able to:
1. Critically analyse legal issues and policy considerations relating to the environment (GC1, GC2);
2. Apply your knowledge of environmental law to real world problems (GC2);
3. Appraise the development of environmental law in response to social, economic and political changes both internationally and within Australia (GC2);
4. Effectively communicate orally and in writing, legal concepts and solutions to environmental law problems; (GC3)
5. Independently produce a research paper which presents complex legal concepts and arguments, and policy and contextual analysis clearly, logically and succinctly; (GC1, GC2, GC3, GC5)
6. Evaluate and reflect upon your own performance and development to recognise and correct gaps in knowledge and capabilities as relevant to this unit, future law units and your future professional studies. (GC4)

Graduate Capabilities
Your understanding of the unit content and the further development of skills will assist you to acquire the following law graduate capabilities:
GC1 Discipline Knowledge;
GC2 Problem Solving, Reasoning and Research;
GC3 Effective Communication;
GC4 Life Long Learning;
GC5 Work Independently and Collaboratively.

Content

This unit will analyse and discuss Queensland, national and international environmental law across different areas, including:


  • The key features of the environmental legal system;

  • Laws for the environmental assessment and approval of projects;

  • Laws for the protection of the environment from harm; and

  • Laws for the conservation of resources including water and energy

Approaches to Teaching and Learning

The teaching and learning approach in this unit involves an integrated program where you will prepare each week by working through the study guide and undertaking the prescribed readings. You will then build upon your understanding of the unit materials by engaging with the large group interactive discussions during which you will engage in real world problem solving activities.

The teaching and learning approach in this unit consists of weekly two hour large group interactive discussions for the 13 weeks of semester addressing the unit content.

Prescribed readings for each week will be listed in the Study Guide for this unit and these will be discussed in the class. Internal students are strongly encouraged to attend and engage with these large group discussions, to ask questions, and receive feedback on their understanding of the materials.

Each content area will involve a real world case study which is aimed at improving your understanding of the relevant material and your problem solving and legal analysis skills. You are encouraged to attempt the case study as part of your program of independent learning. Problem solving strategies will be discussed in the large-group discussions.

The large- group discussions are taped for external students and audio streamed on the blackboard site.

Online Materials - Use of QUT Blackboard
Your learning in this unit will be supported through the Blackboard site for this unit. You will have access to a range of materials and information will be provided by the lecturer to you through the site.

External Attendance School
There is no external attendance school in this unit.

Assessment

In this unit you will be graded on a scale of one to seven.

Overview of Assessment:
Summative assessment will be based upon your essay, assignment and end of semester examination.

Faculty Assessment Information
To access the Law Faculty Assessment Information see the Blackboard site for this unit.Feedback on the development of your understanding of the law examined in this unit and the skills taught is provided through the feedback from the lecturer in the large group discussions, the feedback provided on you essay and assignment, the generic feedback provided on the unit's Blackboard site in respect of the assessment and through consultation with the lecturer during student consultation.
You should reflect upon the feedback on your assessment in this unit (both your individual and generic feedback as provided on Blackboard) for the purpose of identifying:


  • gaps in your knowledge and understanding of the legal principles;

  • inadequacies in your problem solving methodology;

  • strategies to improve your problem solving, oral and written communication skills in further assessment; and

  • areas for improvement for future studies within the LLB.

You should record your work, the feedback and your reflection, noting your strategies for improvement, in your Student ePortfolio. This links with learning outcome 6.

Assessment name: Assignment
Description: The assignment enables you to undertake a minor research project on an environmental law issue. The assignment will encourage you to think critically and analyse aspects of contemporary environmental law problems.

Word Length: 2500 words
Relates to objectives: 1-5
Weight: 50%
Internal or external: Both
Group or individual: Individual
Due date: Week 10

Assessment name: Examination
Description: The examination is designed to engage you in critical analysis of environmental law and problem-solving of real world environmental law scenarios. The examination will assess your understanding of unit concepts across the unit and will be based on the unit materials.
Relates to objectives: 1-5
Weight: 50%
Internal or external: Both
Group or individual: Individual
Due date: Central Exam Period

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

Prescribed Materials
Douglas Fisher, Australian Environmental Law: Norms, Principles and Rules (Lawbook Co, Sydney: 2nd ed, 2010).
Materials for in-class analysis, including relevant legislation and associated caselaw, as listed in the Study Guide.

Recommended References
Lee Godden and Jacqueline Peel, Environmental Law: Scientific, Policy and Regulatory Dimensions (Oxford University Press, Victoria: 2010).
Gerry Bates, Environmental Law in Australia (LexisNexis Butterworths, Sydney: 7th ed, 2010).

Blackboard site
Online resources for this unit are available on the unit blackboard site.

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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: 09-Oct-2012