Environmental Law (LAWS70100)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
August
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Environmental law deals with some of the most vital but also highly controversial issues within Australia and the global society. Environmental issues are a prominent feature of public debate, scientific research and regulatory action and this subject canvasses how law has evolved in response to such challenges, as well as identifying where reform may be required. The subject equips students with a strong grounding in the foundational principles of environmental law in Australia by reference to the Commonwealth Environment Protection and Biodiversity Act 1999, as well as relevant pollution control and biodiversity legislation. In addition, it provides an introduction to international environmental law dealing with questions such as trans-boundary harm and World Heritage protection, as well as considering how international influences have shaped the direction of Australian environmental law.

This subject will provide an examination of the development and current scope of Australian environmental law, with a focus on the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) and related state environmental protection legislation.

Principal topics include:

  • The growing importance of international law, with the recognition that environmental protection issues cross regulatory boundaries
  • Greater integration between relevant discipline areas concerned with environmental protection
  • Greater diversity in environmental law approaches, including integration with other regulatory areas such as planning, natural resource management, water use and indigenous land management, and financial measures and economic instruments.

These themes will be illustrated by case studies in the following areas:

  • Environmental law: The drivers of change
  • Environmental actors, including public interest litigation
  • The range of legal and regulatory tools deployed in environmental law, including consideration of market mechanisms
  • The interaction of law and science, with a focus on the precautionary principle
  • Integration and complexity challenges in implementing environmental law with a focus on biodiversity protection
  • International law trends, including trade and environment and climate change governance.

Intended learning outcomes

A student who has successfully completed this subject will:



  • Have an advanced and integrated understanding of the evolution of environmental law and the factors driving change at an international and national level
  • Have a sophisticated appreciation of the pervasive nature of environmental regulation
  • Have a detailed understanding of the influence of other disciplines, such as science, on the scope and character of environmental law
  • Be able to critically examine, interpret, analyse, and assess the nature of current environmental law approaches such as the ‘regulatory mix’
  • Be an engaged participant in debate over key case studies that illustrate the dynamic trends in environmental law, such as cumulative impact assessment
  • Have an advanced understanding of the need for integration across many areas of law to achieve environmental goals, such as ecologically sustainable development.
  • Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to environmental law and its development
  • Have the communication skills to articulate and convey clearly complex information regarding issues in environmental law
  • Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of environmental law and its intersections with science, policy and regulation.

Last updated: 3 November 2022

Eligibility and requirements

Prerequisites

None

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

Inherent requirements (core participation requirements)

The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.

Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home

Last updated: 3 November 2022

Assessment

Additional details

  • Case study assignment including a written presentation (1,500 - 2,000 words) (25%) (29 August)
  • Research paper (7,500 words) (75%) (29 October) on a topic approved by the subject coordinator

A minimum of 75% attendance is a hurdle requirement.

Last updated: 3 November 2022

Quotas apply to this subject

Dates & times

  • August
    Principal coordinatorJacqueline Peel
    Mode of deliveryOn Campus (Parkville)
    Contact hours24-34 hours
    Total time commitment150 hours
    Pre teaching start date16 July 2018
    Pre teaching requirementsThe pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
    Teaching period13 August 2018 to 17 August 2018
    Last self-enrol date30 June 2018
    Census date13 August 2018
    Last date to withdraw without fail21 September 2018
    Assessment period ends29 October 2018

    August contact information

    Lecturers

    Professor Jacqueline Peel (Coordinator)
    Professor Lee Godden

    Email: law-masters@unimelb.edu.au
    Phone: +61 3 8344 6190
    Website: law.unimelb.edu.au

Additional delivery details

This subject has a quota of 30 students.

Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.

Students should note priority of places in subjects will be given as follows:

  • To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
  • To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.

Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.

Last updated: 3 November 2022

Further information

Last updated: 3 November 2022