Outline

Overview

The aim of the unit is to introduce students to overarching themes in environmental law and policy as a foundation to their more detailed studies for the Environmental Law Program. This is an overview unit addressing a number of environmental issues at various levels of analysis; such as policy making, implementation of policy and dispute resolution. The concept of ecologically sustainable development and its implications for environmental law and policy is a continuing theme. The unit is designed to develop multi-dimensional thinking about environmental issues and the strategies needed to address them. The unit provides a broad background of the political and economic issues in so far as they are related to the legal issues involved. Students who do not hold a law degree from a common law jurisdiction must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System before undertaking the environmental law units. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Unit code	LAWS6044
Academic unit	Law
Credit points	6
Prohibitions ?	LAWS3430 or LAWS5130
Prerequisites ?	None
Corequisites ?	None
Assumed knowledge ?	LAWS6252 or law degree from a common law jurisdiction
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Rosemary Lyster, rosemary.lyster@sydney.edu.au

Type	Description	Weight	Due	Length
Short release assignment	Optional Research Assignment outline for self-selected topic (0%)(short-release) Written task	0%	Week 03 Due date: 08 Mar 2024 at 16:00 Closing date: 08 Mar 2024	500 words / 5 working days
Outcomes assessed:
Assignment	Essay Question (40%) Essay question	40%	Week 08 Due date: 15 Apr 2024 at 16:00 Closing date: 29 Apr 2024	3,000 words / 6 weeks
Outcomes assessed:
Assignment	Research Assignment (60%) Written task	60%	Week 13 Due date: 26 May 2024 at 16:00 Closing date: 09 Jun 2024	5,000 words / 12 weeks
Outcomes assessed:

Assessment summary

Essay Question (40%)

The 3,000 word essay question requires you to apply the materials provided during the unit of study to address a question that tests your knowledge about the origins, breadth and effectiveness of environmental law. The question will be released on 2 March 2024 at 8:00am (Sydney, Australia time) and must be submitted to the unit’s Canvas assignment dropbox by 15 April 2024 at 4:00pm (Sydney, Australia time).

Research Assignment (60%)

A 5,000 word research assignment designed to demonstrate your scholarship in using environmental law materials, and display an ability, using relevant statutory provisions, case-law and journal articles, to critically engage with one of the main subject areas identified in the course outline; for example, environmental planning, biodiversity, pollution and waste, litigation and dispute resolution. The assignment questions will be released on 2 March 2024 at 8:00am (Sydney, Australia time) and must be submitted to the unit’s Canvas assignment dropbox by 26 May 2024 at 4:00pm (Sydney, Australia time).

Optional Research Assignment Outline for self-selected topic (no weighting)

If a student wishes to write a research assignment on a topic of their own choosing, they must submit a 500 word outline to explain how they intend to proceed with their topic. The topic and content must be submitted to the Unit Coordinator via the unit’s Canvas assignment dropbox by 8 March 2024 at 4:00pm (Sydney, Australia time).

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

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).

Use of editors and automated writing tools: 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.

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. Demonstrates the minimum level of competence and satisfies the requirements to proceed to higher-level studies.
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, 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 4pm but before the same time the following day will attract a 10% penalty.

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.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

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 02	Part A: Creation of Environmental Laws A brief history; the social and governmental context; influence of the common law; the influence of international law; the concept of sovereignty; Commonwealth and State powers and roles; co-operative federalism; specialist environmental courts and tribunals; the roles of the judiciary.	Seminar (6.5 hr)
	Part B: Implementation and Application of Environmental Laws The structure of environmental laws; regulatory tools for implementation of environmental policies; Ecologically Sustainable Development; environmental planning; development control; environmental assessment of projects and activities; protection of biodiversity; pollution and waste.	Seminar (6.5 hr)
	Part C: Enforcement of Environmental Laws Civil and criminal enforcement; judicial and merits review.	Seminar (6.5 hr)
	Part D: Administrative powers of regulators; personal criminal liability; liability of corporations; directors’ liability; citizen enforcement; remedies; costs.	Seminar (6.5 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment. 

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

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, and 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

Chief Justice Brian J. Preston ‘The End of Enlightened Environmental Law?’ https://lec.nsw.gov.au/documents/speeches-and-papers/Preston_CJ_-_The_End_of_Enlightened_Environmental_Law_-_20.11.19.pdf

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. Describe to an advanced level the interaction between Commonwealth and State and Territory environmental responsibilities and distinguish between the methods employed to implement environmental policy, including regulatory and incentive-based approaches.
LO2. Critically analyse and synthesize environmental law materials, including legislation, case law, and journal articles, to formulate legal arguments and strategies.
LO3. Critically evaluate the development of Australian environmental law in the context of common law and international law influences and evaluate the impact of social and economic factors on environmental legislation and policy.
LO4. Critically evaluate the principles of sustainable development and their influence on government policy, environmental legislation, and judicial reasoning, including the role of the NSW Land and Environment Court and equivalent bodies in other contexts.
LO5. Evaluate the efficacy of different environmental dispute resolution mechanisms, including merits and judicial review, and alternative dispute resolution, yo propose improvements based on current enforcement practices.

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.

No changes have been made since this unit was last offered.

Additional information

You will find it useful to consult one of these recommended texts from time to time to assist your understanding of fundamental principles of environmental law:

Bates, ‘Environmental Law in Australia’, 10th ed 2019 (LexisNexis)

Lyster et al ‘Environmental and Planning Law in NSW’ 5th ed 2021 (Federation Press)

Resources - Sydney Law students

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

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

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6044: Environmental Law and Policy

Semester 1a, 2024 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

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

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect