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Unit outline_

LAWS5130: Environmental Law

Semester 2, 2022 [Normal day] - Camperdown/Darlington, Sydney

This unit will provide a framework for understanding contemporary environmental issues, outline the sources of environmental law and provide an overview of the different approaches to both global and domestic environmental regulation before examining a range of topical areas, including climate change, water management, mining , pollution control, waste management, environmental planning, development control and environmental impact assessment. Overarching themes will include the implications of state sovereignty for global environmental protection, the challenges of giving effect to the principles of environmentally sustainable development through legal structures and processes, the effects of scientific uncertainty on environmental regulation, and the importance of public participation for making the value judgements required in environmental governance.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
LAWS5010
Prohibitions
? 
LAWS3430
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Gerry Bates, gerry.bates@sydney.edu.au
Type Description Weight Due Length
Assignment hurdle task Research essay
Written essay
50% Week 08
Due date: 23 Sep 2022 at 15:00

Closing date: 07 Oct 2022
3000 words
Outcomes assessed: LO1 LO2 LO3 LO5
Assignment hurdle task Short release take-home assignment
Short answer essays
50% Week 13
Due date: 04 Nov 2022 at 09:00

Closing date: 12 Nov 2022
3000 words / 4 days
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
hurdle task = hurdle task ?

Assessment summary

  • Research essay (50%): Students will complete a 3,000 wd research essay due on Friday, 23 September 2022 at 3pm. A choice of topics will be released in the first class on 1 August 2022. The research essay is designed to allow for a detailed and critical analysis of a particular international and/or national environmental issue. The assessment task will further the objectives of the unit by developing student’s ability to conduct research in an area of environmental law and develop a coherent argument or set of arguments that are written clearly and persuasively in a balanced and scholarly manner.
  • Short-release assignment (50%): The final take-home 3,000 wd assignment will be released at 9am, Monday, 31 October 2022 and is due at 9am, Friday 4 November 2022. The assignment task will be composed of two short-essay questions that deal with various topics of the unit of study in order to allow students to demonstrate a critical understanding of the operation, key underlying concepts and issues arising from the various legal frameworks covered in the unit of study.

 

IMPORTANT NOTE: A student must make a genuine attempt at all assessment tasks set out for this unit of study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this unit of study.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 5% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Students must retain pre-submitted drafts of their assessments on file.

 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 5% of the total marks available for the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Ongoing 1. Introduction and unit overview; 2. Environmental law in context Seminar (2 hr) LO1 LO2 LO3
1. Environmental law in context; 2. International dimensions Seminar (2 hr) LO1 LO2 LO3
1. Approaches to environmental regulation; 2. Climate change and international law Seminar (2 hr) LO1 LO2 LO3 LO4
Climate change and international law Seminar (2 hr) LO1 LO2 LO3 LO4
Climate change and international law Seminar (2 hr) LO1 LO2 LO3 LO4
Legal responses to climate change in Australia and interactions with the national electricity market Seminar (2 hr) LO2 LO4
Water law and regulation Seminar (2 hr) LO1 LO2 LO3 LO4
Water law and regulation Seminar (2 hr) LO1 LO2 LO3 LO4
Waste management and product stewardship Seminar (2 hr) LO1 LO2 LO3 LO4
1. Waste management and product stewardship; 2. Environmental decision-making Seminar (2 hr) LO1 LO2 LO3 LO4
Pollution control Seminar (2 hr) LO1 LO2 LO3 LO4
Pollution control Seminar (2 hr) LO1 LO2 LO3 LO4
Environmental planning Seminar (2 hr) LO3 LO4
Development assessment Seminar (2 hr) LO3 LO4
1. Development assessment; 2. Environmental impact assessment Seminar (2 hr) LO3 LO4
Environmental impact assessment Seminar (2 hr) LO3 LO4
Environmental impact assessment Seminar (2 hr) LO2 LO3 LO4
Environmental impact assessment Seminar (2 hr) LO2 LO3 LO4
Mining and the environment Seminar (2 hr) LO1 LO2 LO3 LO4
1. Mining and the environment; 2. Briefing for the take-home assignment Seminar (2 hr) LO1 LO2 LO3 LO4

Attendance and class requirements

  • Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements must be satisfied by in person attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment., and being discontinued from the unit of study, resulting in an Absent Fail or Discontinue - Fail grade.
  • Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 5% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

  • Referencing guide: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376



 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Library Reading List tab, available on Canvas.

The prescribed text is:

Rosemary Lyster, Zada Lipman, Nicola Franklin, Graeme Wiffen, Linda Pearson Environmental and Planning Law in New South Wales (5th ed., Federation Press, Sydney: 2021).

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. draw on a range of perspectives from Indigenous peoples, science, economics and the social sciences in order to understand the nature of environmental problems, the sources of environmental law, ethical issues arising in the context of environmental law and the different approaches to environmental regulation
  • LO2. evaluate the influence of international environmental law on the development of Australian environmental law
  • LO3. understand the content of environmental principles and the role of these principles in the evolution of environmental law
  • LO4. understand and analyse the framework and operation of laws relating to climate change, pollution control, water management, waste management, coal and CSG mining, environmental planning, development control and environmental impact assessment
  • LO5. research, critically analyse and develop arguments in relation to topical environmental issues, and communicate those arguments in a balanced and scholarly manner.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes this semester.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.