Outline

Overview

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	Katherine Owens, kate.owens@sydney.edu.au

Assessment

The census date for this unit availability is 31 March 2025

Details
Criteria

Type	Description	Weight	Due	Length
Assignment	Case Study and Law Reform Analysis (40%) Research-based task involving a case study and law reform analysis	40%	Week 06 Due date: 04 Apr 2025 at 09:00 Closing date: 18 Apr 2025	2,500 words / 6 weeks
Outcomes assessed:
Assignment	Mini-conference Abstract (5%) An abstract summarising the key points of the mini-conference presentation.	5%	Week 09 Due date: 02 May 2025 at 23:59 Closing date: 09 May 2025	750 words
Outcomes assessed:
Presentation	Mini-conference in-class presentation (25%) Conference presentation based on group collaboration	25%	Week 11 Due date: 27 May 2025 at 23:59	15 minutes, plus 5 minutes Q&A
Outcomes assessed:
Small test	In-class open book test (30%) Handwritten test	30%	Week 13 Due date: 29 May 2025 at 12:10	1.5 hours
Outcomes assessed:
= group assignment ? = AI allowed ?

Assessment summary

1. In-class, open-book, written test (30%), held in week 13:
The in-class written test will be in a short-essay format, in which students must answer two questions of equal weighting, from six options. It will deal with various aspects 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, in accordance with the unit of study objectives.

The task will be handwritten with a duration of 1.5 hours in total (no reading time) and will be held in the final class on Thursday 29 May 2025 at 12:10pm (Sydney, Australia time). It will be 'open book', meaning that students can bring printed or handwritten materials into the lecture room.

2. Mini-conference (30%):
The Mini-conference provides an opportunity for students to engage in group research and present their findings on specific environmental topics. Students are required to communicate and defend their perspectives on a specific problem of environmental regulation to the class.
Components:
a) Group Formation

Students will self-select into groups based on topics provided at the beginning of the course. These topics will be drawn from the seminars.

b) Abstract (5%)

Working collaboratively, each group must prepare an abstract summarising the key points of their presentation. A marking rubric and guide will be provided at the beginning of the course.

Abstract Deadline: Submit the abstract via Canvas by 11:59 PM (Sydney, Australia time) on 2 May 2025.

Word Limit: The abstract should not exceed 750 words, applying the same word count rules as the Case Study and Law Reform Analysis.

c) In-class presentation (25%):
Date: 13 May and 15 May 2025 in Week 11 (during the two seminars)
Duration: 15 minutes, plus five minutes of Q&A.

After the presentation, students must answer questions from the coordinator and students for an additional 5 minutes.

The unit coordinator will provide a presentation guide and marking rubric during Week 1 to scaffold this task. Both the presentation materials and delivery will be assessed, and AI is permitted in the preparation of the presentation materials.

Supporting Materials:

Prepare PowerPoint slides to accompany your presentation.
Create a bibliography to acknowledge sources used.
Submit PowerPoint slides and the bibliography via Canvas by 11:59 PM (Sydney, Australia time) on 9 May 2025.
Students must also bring their presentation slides on a USB stick for the in-class presentation.

Special consideration: grants of special consideration in relation to the Mini-conference assessment tasks may involve the completion of another/alternative task designed to help students fulfil the learning outcomes of the original assessment.

3. Case Study and Law Reform Analysis (40%, 2.500 words), held in week 6:
The Case Study and Law Reform Analysis is designed to facilitate a detailed and critical analysis of a specific Australian environmental law case or regulatory issue. The task aligns with the unit’s objectives by enhancing your research skills in the field of environmental law and fostering the development of coherent, persuasive arguments presented in a scholarly manner.

Students will select a significant environmental law case or regulatory issue that highlights key legal principles or challenges. This could involve litigation, regulatory decisions, or public controversies. Students will then complete a two-part research project involving a case study analysis and law reform analysis and recommendations. These two components are integrated into a single report, in which students are expected to employ legal research methodologies to synthesise both primary and secondary sources.

Topic Selection: A list of topics, marking rubric and a guide for completing the Case Study and Law Reform Analysis will be provided prior to the first class. Students will also have an opportunity to select their own topic.
Word Limit: The report must not exceed 2,500 words.
Included in Word Count:
•   Body text
•   Headings and sub-headings
•   Quotations
•   Anything other than numbers and citations in footnotes
Excluded from Word Count:
•   Bibliography
•   Footnote numbers
•   Footnote citations
•   Cover page
Deadline: Submit via Canvas by 9:00 AM (Sydney, Australia time) on 4 April 2025.

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% 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 all footnotes and any bibliography (if required), and exclude acknowledgements of permissible assistance from editors, automated writing tools or generative AI (where use is permitted).

Use of editors or proof-readers: In completing unsupervised assessments, students may use editors, proof-readers, and automated writing tools (including translation software, grammar checkers, reference generators and artificial intelligence), provided that all use is acknowledged and consistent with University policies and procedures including Academic Integrity Policy. Acknowledgment must be made in writing on the front of the work submitted for assessment, or in an appropriate footnote or other reference, and state the name of the person or software.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in 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.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (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 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.

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

Except for supervised exams or in-semester tests, you may use generative AI and automated writing tools in assessments unless expressly prohibited by your unit coordinator.

For exams and in-semester tests, the use of AI and automated writing tools is not allowed unless expressly permitted in the assessment instructions.

The icons in the assessment table above indicate whether AI is allowed – whether full AI, or only some AI (the latter is referred to as “AI restricted”). If no icon is shown, AI use is not permitted at all for the task. Refer to Canvas for full instructions on assessment tasks for this unit.

Your final submission must be your own, original work. You must acknowledge any use of automated writing tools or generative AI, and any material generated that you include in your final submission must be properly referenced. You may be required to submit generative AI inputs and outputs that you used during your assessment process, or drafts of your original work. Inappropriate use of generative AI is considered a breach of the Academic Integrity Policy and penalties may apply.

The Current Students website provides information on artificial intelligence in assessments. For help on how to correctly acknowledge the use of AI, please refer to the  AI in Education Canvas site.

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, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after the due time specified in the assessment summary but before the same time the following day will attract a 10% penalty. Penalties for late submission will be applied strictly, subject to a 5 minute grace period.

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.

Learning support

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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week 01	Environmental Law in Context	Seminar (2 hr)
Week 01	International Dimensions	Seminar (2 hr)
Week 02	Federal/State relations and approaches to environmental regulation	Seminar (4 hr)
Week 03	Climate change and international law; climate litigation	Seminar (4 hr)
Week 04	Australia's legal responses to climate change	Seminar (2 hr)
Week 04	Water Law	Seminar (2 hr)
Week 05	Water Law	Seminar (2 hr)
Week 05	Environmental courts and decision-making	Seminar (2 hr)
Week 07	Pollution Law	Seminar (2 hr)
Week 07	Environmental Planning Law	Seminar (2 hr)
Week 08	Development Assessment	Seminar (2 hr)
Week 08	Environmental Impact Assessment (NSW)	Seminar (2 hr)
Week 10	EPBC Act and Environmental Impact Assessment (Cth)	Seminar (2 hr)
Week 10	Case studies on mining in Australia: bringing the legal frameworks together	Seminar (2 hr)
Week 11	Environmental Law Mini-Conference	Seminar (4 hr)
Week 13	Integrating key themes of Environmental Law	Seminar (3 hr)

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).

Referencing: 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. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4.

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

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.

Outcomes
Graduate qualities

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

LO1. critically analyse and integrate diverse perspectives from First Nations, scientific research, economic theories, and social sciences to comprehensively understand environmental problems, identify sources of environmental law, address ethical issues in environmental contexts, and evaluate various approaches to environmental regulation
LO2. critically evaluate the influence of international environmental law on the development of Australian environmental law
LO3. identify, interpret, and apply the foundational principles of environmental law, and articulate their role in the evolution and development of environmental law frameworks
LO4. understand, analyse, and evaluate the framework and functioning of laws related to climate change, pollution control, water management, environmental planning, development regulation, and environmental impact assessment
LO5. communicate and defend personal perspectives on topical environmental issues and environmental regulation by employing sound and logically structured legal argument and be prepared to share these with diverse audiences
LO6. apply relevant legal research methodologies to investigate topical environmental issues, appropriately synthesising primary and secondary sources and presenting findings 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
Learning outcomes

Responding to student feedback

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

changes to assessments.

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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

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

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS5130: Environmental Law

Semester 1, 2025 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

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

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect