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Planning Law and Environmental Assessment - LAWS8071
morven brown

 
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
 
 
Excluded: JURD7371
 
 
CSS Contribution Charge:Band   (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description

This course will provide thorough grounding in the planning regime existing at state level for preparation of Environmental Planning Instruments (EPIs) and development control under the Environmental Planning and Assessment Act (NSW) 1979 (EPA Act). Students will explore theoretical perspectives on the function of planning law related to land use, urbanisation, needs for infrastructure and environmental protection. Students will examine a range of EPIs and analyse the legislation and case law concerning development approval (merits appeals) as well as enforcement and scrutiny of decisions (judicial review). Students will consider historical, ethical and political dimensions to environmental impact assessment and then focus on substantive and procedural requirements under the EPA Act and Environment Protection and Biodiversity Conservation Act (C’th) 1999.


LLM Specialisations

Recommended Prior Knowledge

None

Course Objectives

A candidate who has successfully completed this course should be able to:
  • critically evaluate environmental planning and/or environmental assessment policies;
  • analyse and provide advice on a range of Environmental Planning Instruments;
  • provide a sound analysis of obligations arising under planning law and environmental assessment regimes under both state and Commonwealth legislation; and
  • critically evaluate current practices of environmental assessment in Australia.

Main Topics

  • The function of environmental planning and its role in environmental law
  • The preparation and content of Environmental Planning Instruments
  • Development control under NSW state law
  • The approval of major projects in NSW
  • Merit appeals under NSW state law
  • Enforcement and scrutiny of planning decisions
  • The historical, ethical and political dimensions of EIA
  • EIA procedures and assessment under NSW state law
  • Environmental assessment under Commonwealth legislation
  • Enforcement and scrutiny relating to environmental assessments
  • Improving EIA practices and comparative environmental impact assessment.

Assessment

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

Course Texts

Prescribed

Course materials will be provided by the lecturer
Recommended
A full reading list will be provided in the detailed course outline.

There are a large number of new and proposed books on the market. Some existing helpful titles include:
Lyster R et al: Environmental and Planning Law in New South Wales

Bates G: Environmental Law in Australia

Fisher DE: Australian Environmental Law

Thomas I and Elliot M: Environmental Impact Assessment in Australia – theory and practice.

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.