Environmental and Planning Law (11264.1)
| Available teaching periods | Delivery mode | Location |
|---|---|---|
| View teaching periods | On-campus |
Bruce, Canberra |
| EFTSL | Credit points | Faculty |
| 0.125 | 3 | Faculty Of Business, Government & Law |
| Discipline | Study level | HECS Bands |
| Canberra Law School | Level 3 - Undergraduate Advanced Unit | Band 4 2021 (Commenced After 1 Jan 2021) Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905) Band 5 2021 (Commenced Before 1 Jan 2021) |
Learning outcomes
Students who complete this unit will:1. Understand the nature and sources of the law, its administration and interpretation generally, and specifically the law relating to environmental protection and land use planning;
2. Understand relevant aspects of Constitutional Law, Administrative Law, Property Law and Law of Tort at an introductory level;
3. Understand the frameworks within which environmental and planning legislation operates at the Local, State/Territory, National and International levels;
4. Be able to explain the key areas of environmental and planning law:
a. Common Law protections,
b. Environmental aspects of Planning Law,
c. Environmental Impact Assessment,
d. Preservation of heritage,
e. Conservation of nature,
f. Environmental discharge licensing systems and
g. Compare and contrast the ways in which they may be enforced;
5. Be able to apply the key areas of environmental and planning law to factual case studies in the area; and
6. Be able to reflect critically on the operation of environmental and planning law, the legal responsibilities of citizens in regard to environmental matters and directions for reform of this area of law in light of the environmental challenges of today.
Graduate attributes
1. UC graduates are professional - communicate effectively1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - take pride in their professional and personal integrity
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
1. UC graduates are professional - work collaboratively as part of a team, negotiate, and resolve conflict
2. UC graduates are global citizens - adopt an informed and balanced approach across professional and international boundaries
2. UC graduates are global citizens - behave ethically and sustainably in their professional and personal lives
2. UC graduates are global citizens - communicate effectively in diverse cultural and social settings
2. UC graduates are global citizens - think globally about issues in their profession
2. UC graduates are global citizens - understand issues in their profession from the perspective of other cultures
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. UC graduates are lifelong learners - be self-aware
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development
Skills development
This unit facilitates and nurtures student acquisition of all of the Graduate Attributes, although not all of them will be subject to examination in the assessment tasks of the unit.
Prerequisites
Must have passed 24 credit points of university study.Corequisites
None.Equivalent units
7907 Environmental and Planning LawAssumed knowledge
None.| Year | Location | Teaching period | Teaching start date | Delivery mode | Unit convener |
|---|---|---|---|---|---|
| 2024 | Bruce, Canberra | Semester 1 | 05 February 2024 | On-campus | Dr Evan Hamman |
Required texts
Required text: Gerry Bates, Environmental Law in Australia (LexisNexis Butterworths, 11th ed, 2023) [abbr. "Bates"].
Online access to Bates is available through the University Library.
Recommended texts (students are not expected to buy or access all recommended texts although they may help with a deeper understanding of the relevant laws and principles discussed in this unit):
Lee Godden, Jacqueline Peel and Jan McDonald, Environmental Law, 2nd ed, Oxford, Oxford University Press, 2019.
Philippe Sands and Jacqueline Peel, Principles of International Environmental Law, 4th ed, Oxford, Oxford University Press, 2018.
Douglas E. Fisher, Australian Environmental Law: Norms, Rules, Principles, 3rd ed, Thomsons Reuters, 2014.
Chris McGrath, Environmental Law Australia (online)
Environmental Defenders Office, ACT Environmental Law Handbook (online) (NB. this resource was last updated in 2015 and may not be fully accurate).
Legislation and Case Law:
Students will also be expected to engage with primary legislation and case law in this unit as well as government policy documents. Those documents, or links to those documents, will be provided at the appropriate time in the unit, as well as assistance on how to navigate them for students unfamiliar with such resources.
Videos, articles and other resources:
- Students will also be expected to engage with secondary materials such as videos and online articles to prompt further learning and discussion. Those resources, or links to those resources, will be provided at the appropriate time in the unit.
Submission of assessment items
Extensions & Late submissions
To obtain a pass in Environmental & Planning Law you must successfully attempt each of the three assessment items and achieve a total mark of at least 50%.
Student achievement in the Unit will be evaluated beside the learning outcomes of the Unit (set out above) and the assessment criteria set out on Canvas.
Late submission of assessment without an approved extension will result in a penalty of 5% reduced marks from the total available, per calendar day late. Assessments submitted over seven (7) days late will not be accepted, and a mark of zero will be applied to that assessment item.
Approval of extensions based on extenuating circumstances will be dependent upon the production of supporting documentation and at the discretion of the Unit Convener.
Special assessment requirements
Special assessment, such as extensions and special conditions, should be applied for in writing or email, supported by a justification and evidence.
You are advised to consult the Inclusion and Welfare unit if your claim is based on illness, personal hardship or disability:
Supplementary assessment
The 91Porn policy on supplementary assessment applies: . To be eligible for supplementary assessment, a student must: be enrolled in their final semester of study; have failed a single unit, with a final mark between 45-49% in the unit; and have passed all other units undertaken in that semester. The failed unit must be the final unit required to complete the academic requirements of their course.
5g Text-matching software
URKUND text-matching software will be used to detect plagiarism or cheating in assessment. URKUND software matches text submitted in student assignments against material from various sources: the internet, published books and journals, and text submitted by other students. It is very effective in detecting plagiarism. Click here for further information on the URKUND text-matching software.
Students must apply academic integrity in their learning and research activities at UC. This includes submitting authentic and original work for assessments and properly acknowledging any sources used.
Academic integrity involves the ethical, honest and responsible use, creation and sharing of information. It is critical to the quality of higher education. Our academic integrity values are honesty, trust, fairness, respect, responsibility and courage.
UC students have to complete the annually to learn about academic integrity and to understand the consequences of academic integrity breaches (or academic misconduct).
UC uses various strategies and systems, including detection software, to identify potential breaches of academic integrity. Suspected breaches may be investigated, and action can be taken when misconduct is found to have occurred.
Information is provided in the Academic Integrity Policy, Academic Integrity Procedure, and 91Porn (Student Conduct) Rules 2023. For further advice, visit Study Skills.
Participation requirements
In semester 1, 2024, Environmental & Planning Law will be delivered both online and face to face. Two hours of lecture material will be pre-recorded and accessible on Canvas each week. Students are expected to listen to, or read, the available material each week.
In addition to the lecture material, students will be expected to attend either a face-to-face workshop (1 hour, on campus) or an online workshop via the virtual room on Canvas (1 hour). It is not necessary to attend both the online and face to face workshops, only the weekly workshop in which you are enrolled. The online workshop will be recorded and uploaded to Canvas for those students who are unable to attend a workshop that particular week.
Reading and preparation in advance: Students are expected to listen to the lecture material and participate in the workshops. At a minimum, the prescribed reading for a topic should be completed in advance of the lecture material. During most weeks, there will be no additional prescribed readings for workshops (unless required). Each workshop will relate to the previous week's content.
A discussion board will be available online for posting any additional questions students have relating to material or assessment as the semester progresses. Lecturers will be available on a weekly basis (online) for consultation and additional consultation times will be available leading up to assessment due dates.
Required IT skills
The unit Canvas site is a very significant medium of communication for the unit and all assessment is to be submitted in electronic form. Students need basic computer, internet and word processing skills.
For the online workshops students will also need to learn to use and participate in the University's internet video conferencing platform, accessible through UCLearn portal. There will be pre-recorded lecture material uploaded to Canvas each week. The online workshops will take place using the Virtual Room on Canvas.
Students should prepare in advance in terms of equipment and location, as their participation will be more effective with:
- A high speed broadband internet connection
- A location where you can participate in online workshops without interruption.
- Place your phone on "do not disturb" or silent so that calls and notifications do not come through during your workshop. Preferably do not have your phone switched on so that you do not get distracted.
- A microphone and headphones/headset/earphones
- A device with a camera connected ideally a desktop, laptop or tablet computer rather than a mobile telephone.
An important resource for IT and academic study skills, is the Learning & Academic Success Network: /current-students/canberra-students/student-support/study-skills
In-unit costs
Your participation will be made easier by purchasing the prescribed text, or by utilising the online copy of the text held by the UC library, and having access to computing facilities and the internet at home, instead of using only university computer labs.
Work placement, internships or practicums
None
