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Toxics, Waste and Contamination Law (LAWS70464)
Graduate coursework level 7Points: 12.5Not available in 2018
Overview
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This subject provides an examination of current environmental tort, waste management and contaminated land laws – from Victoria, Australia and beyond – critiqued against the concepts of responsibility and justice, and contextualised through case study examples and practitioner perspectives.
It will ask: What are the risks and advantages of relying on each law to regulate waste, pollution and contamination? The subject will present Victoria as a case study for these laws, while also offering comparative insights, analysing developments in the law of torts, waste and contamination from Australia, overseas and internationally. It will also draw on recent controversies and experiences of practitioners to learn about the law in action.
Principal topics include:
- Toxic torts
- An introduction to the notion of a ‘toxic tort’
- The origins of the toxic tort discourse
- Perspectives from the United States
- Toxic tort actions and environmental justice
- Environmental harm, trespass, nuisance and negligence
- Offences of creating environmental harm and causing or permitting pollution with a focus on the Environment Protection Act 1970 (Vic)
- Recent developments in the environmental torts landscape, particularly within the Wrongs Act 1958 (Vic)
- Environmental torts and notions of tortious responsibility
- A comparative analysis of environmental torts
- Australian torts case studies and practitioner perspectives
- Waste management laws
- An international law framework for waste management
- An overview of waste management laws – from the global to the local
- A case study-based critique of international, national, state and local laws and policy
- Contaminated land
- An examination of Victoria’s contaminated land laws under the Environment Protection Act 1970 (Vic)
- A comparison with Australian and overseas jurisdictions
- Discussion of the possible liability of a broader community of responsible parties—including financers and company directors
- Practitioner perspectives on how clients manage contaminated land and pollution risk under the Environment Protection Act 1970 (Vic) and how lawyers can minimise potential future liability for contamination through due diligence and contract drafting.
Intended learning outcomes
A student who has successfully completed this subject will have an advanced and integrated understanding of, and be able to critically analyse and synthesise complex information, problems, concepts and theories in relation to, the following issues:
A student who has successfully completed this subject will also have the reflective, cognitive, creative, communication, technical and research skills to evaluate the law in relation to these issues.
- Contaminated land laws and their practical operation.
- The environmental torts landscape, especially, insofar as they guide judgment on liability for environmental harm, the torts of trespass, private nuisance and negligence.
- Conflicts about the regulation of waste management at various jurisdictional levels.
- The difference and similarity that exists in pollution laws (in statute and the common law) across jurisdictions within Australia and abroad.
- The notions of responsibility and environmental justice and their relevance to laws and decisions that affect human health and the environment.
- Case study examples and practitioner perspectives of the law in action.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of the below subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50025 | Torts |
Semester 1 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
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
- Reflective journal comprising three short essays (1,000 words each) (30%)
- 5,500 - 7,000 word research paper (70%) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Dates & times
Not available in 2018
Time commitment details
136-150 hours The 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.
Additional delivery details
This subject has a quota of 30 students. 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
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022