Outline

Overview

This unit has three aims. The first is to provide a sound analysis of Environmental Impact Assessment (EIA) procedures and environmental planning laws in NSW and at the Commonwealth level. The second aim is to develop a critical understanding of EIA and environmental planning laws by examining their historical, ethical and political dimensions as well as relevant aspects of legal theory. The third and ultimate aim is to combine these doctrinal and theoretical forms of knowledge so we can suggest possible improvements to current laws and legal practices. Refer to the Sydney Law School timetable - https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS6043 or LAWS6045 or LAWS3430 or LAWS5130
Assumed knowledge ?	Students who do not hold an undergraduate law degree must have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System and LAWS6044 Environmental Law and Policy (Environmental Law students only) before enrolling in this unit
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Ed Couzens, ed.couzens@sydney.edu.au

Assessment

The census date for this unit availability is 2 October 2026

Details
Criteria

Type	Description	Weight	Due	Length	Use of AI
Written test	In-Semester Test (30%) Short answer and problems questions, handwritten test, 15 mins reading time plus 1 hour writing time.	30%	Week 01 Due date: 18 Sep 2026 at 15:30	1 hour	AI prohibited
Outcomes assessed:
Written work	Early Feedback Task (10%) Out-of-class Quiz	10%	Week 01 Due date: 15 Sep 2026 at 23:59 Closing date: 15 Sep 2026	10 MC Questions Quiz or similar	AI allowed
Outcomes assessed:
Written work	Research Essay Proposal (0%) Written Work	0%	Week 02 Due date: 25 Sep 2026 at 23:59 Closing date: 02 Oct 2026	500-words / 7 days	AI allowed
Outcomes assessed:
Written work	Legal Research Essay (60%) Written Work	60%	Week 07 Due date: 02 Nov 2026 at 23:59 Closing date: 09 Nov 2026	6,000 words / 6 weeks	AI allowed
Outcomes assessed:
= early feedback task ?

Assessment summary

Early Feedback Task (10%): This unit includes an Early Feedback Task that is designed to provide students with timely insights into their understanding and engagement with the unit content. The Early Feedback Task (10%) in this unit is an out-of-class Quiz consisting of 10 multiple-choice questions. The task will be available on Canvas from 5PM on Friday 12 September 2026 to 11:59PM on Tuesday 15 September 2026 (Sydney, Australia time). It will be tailored to reflect key concepts from the first day of classes.

In-Semester Test (30%): Students will complete an in-class closed-book handwritten test consisting of short-answer and problem-based questions on planning law in NSW, including the statutory framework, addressed in the unit, as well as issues in environmental planning and impact assessment law, including critical perspectives, law reform issues, and selected questions concerning Aboriginal and Torres Strait Islander People's and other First People's experiences and perspectives where relevant to the taught content. The test will be held on the last day of teaching, Friday 18 September 2026 commencing at 3:30PM and concluding at 4:45PM (Sydney, Australia time) and students will have 15 minutes reading time plus 1 hour writing time. This task assesses students' ability to analyse more complex legal and policy issues, evaluate competing interpretations, and connect doctrinal materials with broader historical, ethical, political, and cultural considerations.

Research Essay Plan (0%): Students will submit a 500-word research proposal (excluding references) identifying their chosen essay topic, research question, preliminary argument, key legal resources, and a short, proposed structure for the final research essay. Instructions will be released on the unit Canvas site on Friday 18 September 2026 at 5PM (Sydney, Australia time) and the essay plan must be submitted via Canvas by 11:59PM on Friday 25 September 2026 (Sydney, Australia time). This task assesses students' ability to frame a viable research question, identify relevant primary and secondary materials, begin developing a legally and theoretically informed argument.

Legal Research Essay (60%): Students will complete a 6,000-word legal research essay (excluding references) on a topic they have developed themselves, relevant to the content of the unit. Instructions will be released on the unit Canvas site on Friday 18 September 2026 at 5PM (Sydney, Australia time) and the essay must be submitted via Canvas by 11:59PM on Monday 2 November 2026 (Sydney, Australia time). This task assesses students' ability to conduct independent legal research, synthesise doctrinal, theoretical, and interdisciplinary materials, evaluate environmental planning and impact assessment laws critically. Students should not use AI to generate substantive legal analysis or written argument. AI-generated output is not legal authority. The final submission must represent the student's own authentic work.

Word limit 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 all footnotes and any bibliography (if required), and exclude acknowledgements of assistance from editors, automated writing tools or generative AI (where use is permitted).

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.

Special consideration: Successful grants of Special Consideration may involve new or varied 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. 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.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of the Academic Integrity Policy.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

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 5% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. Penalties for late submission will be applied strictly, subject to a 5 minute grace period. Late penalties do not apply to exams and tests, and any late submission will not be accepted.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our website provides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed the Academic Honesty Education Module (AHEM) which is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

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 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. 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	Day One (Commissioner Susan O'Neill): 1. Introduction to planning law in NSW; 2. Sharing responsibility between State and local government; 3. Land and Environment Court; 4. Threefold classification for development under Part 4 EPAA; 5. EPIs; 6. LEPs; 7. Development standards and flexibility; 8. Existing uses; 9. Characterisation of a use; 10. Strategic plans; 11. SEPPs	Seminar (6.5 hr)
	Day Two (Commissioner Susan O'Neill): 12. DCPs; 13. Consent authorities; 14. Meaning of development; 15. Types of development 16. Development applications; 17. Assessment of development applications; 18. LEC planning principles; 19. Conditions of consent; 20. Lapse, modification or revocation; 21. Certification of development	Seminar (6.5 hr)
	Day Three (Jemilah Hallinan): 1. Introduction to EIA; 2. Objectives and common elements; 3. Science, the law and EIA; 4. NSW EIA	Seminar (6.5 hr)
	Day Four (Jemilah Hallinan): 5. EIA at the Federal Level; 6. EIA in practice; 7. Strategic environmental assessment; 8. Completion of Student Survey for unit of study; 9. Written/Invigilated test.	Seminar (6.5 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for this unit. 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).

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

General textbooks

R Lyster, Z Lipman, E Couzens, S O’Neill, J Smith, Environmental and Planning Law in New South Wales (5 ed, Federation Press, Sydney 2021) Chapters 2 - 6
G Bates, Environmental Law in Australia (10 ed, LexisNexis Butterworths, Sydney 2019) Part C
I Thomas and P Murfitt, Environmental Management: Processes and Practices for Australia, (2 ed, Federation Press, Sydney 2011)

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 evaluate the statutory, doctrinal and procedural frameworks governing environmental planning law in New South Wales and Environmental Impact Assessment (EIA) at State and Commonwealth levels.
LO2. Critically analyse the historical, ethical, and political dimensions of environmental planning law and environmental impact assessment incorporating relevant legal theory.
LO3. Synthesise doctrinal, theoretical and interdisciplinary sources to formulate and justify reforms to environmental planning and environmental impact assessment laws and legal practices.
LO4. Apply relevant legal research methodologies to the development of sound, logically structured argument about environmental planning and environmental impact assessment issues and communicate these to specialist and non-specialist audiences.
LO5. Critically evaluate rules and principles of environmental planning and impact assessment law with regard to Aboriginal and Torres Strait Islander Peoples’ and other First Peoples’ experiences and perspectives, including the processes and effects of colonisation.

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.

Assessment due dates have been updated.

Disclaimer

Important: the University of Sydney regularly reviews units of study and reserves the right to change the units of study available annually. To stay up to date on available study options, including unit of study details and availability, refer to the relevant handbook.

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)

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

LAWS6354: Environ Planning and Impact Assessment Law

Semester 2b, 2026 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

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