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Environmental Law in Australia - LAWS8068
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description

This course provides an introduction to the fundamental principles and concepts of Australian environmental law and policy. It examines the basic legal institutions and mechanisms that comprise the environmental legal system and the legal techniques used in environmental protection. Common law and international law influences on the creation of environmental policy and law are examined as well as the fundamental principles of environmental law, cooperative federalism and Commonwealth environmental responsibilities, principles of sustainable development and mechanisms for enforcing environmental law and resolving environmental disputes. Specific attention will be given to the Australian regimes for pollution control and the protection of biodiversity.


LLM Specialisations

Recommended Prior Knowledge

None

Course Objectives

A candidate who has successfully completed this course should be able to:
  • know the origins and sources of environmental laws and understand how and by whom environmental laws are made and interpreted;
  • be familiar with and understand the legal and policy issues relating to the development and implementation of the Australian legal framework as it regulates activities impacting on the environment;
  • identify and understand the key principles of, and actors within, environment related issues that arise in the Australian legal context;
  • have a working knowledge of Australian environmental law and policy;
  • be able to assess the efficacy of Australian environmental law within the context of contemporary national and international challenges.

Main Topics

  • Fundamental concepts in Australian environmental law
  • Influences on the Creation of Environmental Policy and Law: the Common Law
  • Influences on the Creation of Environmental Policy and the Law: International Law
  • Fundamental Principles in Environmental Law
  • Principles of Sustainable Development as the template for the Implementation of Environmental Law and Policy in Australia
  • Enforcing Environmental Law: Remedies for Regulators
  • Civil Enforcement and Common Law Remedies
  • Judicial Review and Merits Appeals: Remedies against Regulators
  • Pollution Control
  • Protection of Biodiversity

Assessment

Class participation : 10%
Class presentation: 15%
Research essay (6000 words): 75%

Course Texts

Prescribed

Gerry Bates: Environmental Law in Australia (7th ed) 2010
Recommended
There are a large number of new and proposed books on the market. A full up-to date reading list will be provided in the detailed course outline.

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.