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 Environmental Law - LAWS2361
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 Science students
 
Faculty: Law
 
 
School:  Law
 
 
Contact: Millar,Ilona Claire
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 8
 
 
Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1001, LAWS1011; or LAWS1610; Corequisite: LAWS2311 or LAWS1010.
 
 
Offered: 
Semester 1 2005
Semester 2 2005
 
 
Fee Band: 3
 
  

Description

This course examines environmental law in both a theoretical and a practical sense. From the theoretical point of view, environmental law is considered through interdisciplinary perspectives in a policy setting. The non-legal perspectives in terms of which environmental law is considered include ecology, economics and philosophy. The practical orientation of the course is toward developing an understanding of the legal framework for environmental decision making in Australia, particularly in N.S.W. Topics to be covered include the relevance of ecology to environmental law, environmental ethics, international environmental law, Commonwealth powers with respect to the environment, a range of Commonwealth and NSW legislation relating to the environment, and different legal techniques for enhancing protection of the environment (eg. regulation through the criminal law, through traditional common law techniques such as nuisance and private covenants, through economic incentive schemes, and through systems of consents and licenses). Litigation and alternative dispute resolution techniques are examined. Attention is also given to: (1) the part played by political and administrative discretion in the field of environmental decision-making, with some emphasis on the tensions which exist between various levels and bodies of government; (2) the role of public participation in the decision making process; and (3) environmental law in other countries, particularly the U.S. Students are encouraged to take an interest in topical environmental issues.

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