Environmental Law - LAWS3361

Description

Recommended Prior Knowledge

Course Objectives

• Know the origins and sources of environmental laws including the international context of environmental law
• Be able to assess the efficacy of environmental law within the context of contemporary national and international challenges
• Have a good understanding of the principles of Ecologically Sustainable Development (ESD) and the difficulties faced by decision-makers in implementing these principles at an international, federal, state and local level
• Have a good understanding of the framework of laws for environmental planning, development control, environmental impact assessment, the protection of biodiversity and native vegetation as well as pollution regulation
• Have a good understanding of the workings of the New South Wales Land and Environment Court
• Have an appreciation and understanding of the difficulties and disadvantages the community faces when engaging in environmental decision making

Learning Outcomes

• Demonstrate awareness of the central principles of environmental law, both international and domestic
• Demonstrate awareness of the framework of laws for environmental planning, development control, environmental assessment, the regulation of pollution and climate change and the protection of natural resources, biodiversity and native vegetation
• Identify the key principles and policies of Ecologically Sustainable Development (ESD) and explain the difficulties faced by decision makers in implementing ESD
• Engage in critical analysis of public participation mechanisms and the Land and Environment Court in the context of environmental decision making and conflict resolution
• Engage in critical analysis of environmental law’s efficacy within the context of contemporary national and international environmental challenges
• Navigate and apply key environmental legal texts, both statutory and judicial, to hypothetical fact scenarios
• Demonstrate effective oral communication skills by discussing and debating course concepts in a scholarly, reflective and respectful manner
• Demonstrate effective written communication skills by articulating legal concepts clearly, persuasively and appropriately
• Demonstrate an ability to incorporate a range of legal and interdisciplinary research sources in written communication with appropriate referencing

Main Topics

• Global environmental issues and the development of international environmental law
• The common law and statute as sources of environmental law
• Commonwealth, State and local responsibilities
• Commonwealth environmental law
• Environmental planning
• Development control
• Environmental assessment, enforcement and scrutiny
• Pollution control and enforcement
• Climate change: mitigation and adaptation
• Protection of biodiversity
• Native vegetation conservation

Assessment

Course Texts

• Lyster, Lipman, Franklin, Wiffen and Pearson Environmental and Planning Law in NSW (2012, Federation Press)
• Reading materials provided by the Convenor