Natural Resources Law - LAWS8069

 
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:
 
 
Pre-requisite: Academic Program must be 9200 or 9210 or 9230 or 5740 or 9220 or 5750.
 
 
Excluded: JURD7369
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description


This course will focus on biological natural resources: the legal framework for managing terrestrial resources (forests, native vegetation, soil, fresh water) and marine resources (fish stocks and coastal resources). The key concept is integrated natural resources management, a planning and decision-making process that attempts to balance the economic, environmental and social requirements of society consistent with the principles of ecologically sustainable development (ESD). Biodiversity law will be foundational as well as the precautionary principle, intergenerational and intragenerational equity, the user pays principle, incentive structures and market mechanisms. Legal developments at the Commonwealth and state levels, particularly, integrated catchment management, native vegetation conservation, groundwater management (dryland salinity) and coastal management will be covered as well as fisheries law and forestry law.


LLM Specialisations


Recommended Prior Knowledge


None

Course Objectives


A candidate who has successfully completed this course should be able to:
  • outline the policy-based and legal issues in natural resources management;
  • identify the components of integrated natural resources management and the complexities that arise in implementation;
  • provide a sound analysis of the legal framework, legislation and case law that has arisen in natural resources law; and
  • apply the principles of ecologically sustainable development in the context of access to natural resources.

Main Topics


  • Property in natural resources
  • Policy tools and management choices in natural resources management
  • The role of the planning system
  • International developments and the concept of Integrated Natural Resources Management
  • Integrated Natural Resources Management – institutional arrangements at the national and state level
  • Integrated Water Resources Management
  • Soil conservation and problems of groundwater salinity
  • Forestry law
  • Coastal Resources Management
  • 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

Gullett W: Fisheries Law in Australia

Resources


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