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Water Law & Natural Resources Management (LAWS70185)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
June
Lecturers
Professor Lee Godden, Coordinator
Dr Rebecca Nelson
Ms Erin O'Donnell
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | June |
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Fees | Look up fees |
Water law and natural resources management are fundamental to human society, environmental protection and many aspects of economic productivity. Legal rules around water co-evolved with the development of many societies. Water is both necessary for life but also a source of conflict. This subject considers the international laws governing water, including principles addressing trans-jurisdictional water governance for major river systems. It canvasses emerging questions, such as whether there is a human right to water, and climate change impacts on water availability. It examines the development of common law rules around water allocation and water quality that retain an important role in water management. There is a major focus on indigenous water rights.
The general development of statutory-based water law, concentrating on the Australian federal and Victorian situation, provides the main case study of water law and governance. The subject examines the water law reforms leading to adoption of the national Water Act 2007, and covers the federal legislation, such as the development of environmental water regulation and water trading. It provides an examination of the Victorian water legislation, which explores catchment and natural resources management issues. The subject has a focus on groundwater and looks at impacts on groundwater due to mining and fracking. This subject covers urban water laws, with a focus on novel uses, such as water recycling and storm water capture.
Principal topics include:
- International law and policy governing water, including examination of relevant treaties and conventions
- Water rights: including human rights and cultural rights – especially those of Indigenous peoples
- An overview of the current system of Australian statutory regimes for surface water and groundwater allocation and use
- Australian national water and resource management reforms, including the National Water Initiative
- The Water Act 2007 (Cth), including water trading and water planning
- Environmental water regulation
- Victorian water laws, including water authorities and governance models
- Water quality: addressing point source and diffuse water pollution
- Integrated catchment and natural resource management, including relevant catchment management legislation
- Urban water laws, including alternative water uses such as stormwater, and innovative recycling models such as water-sensitive urban design.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced understanding of the diverse legal models for regulating water at an international, national and regional level; including trans-boundary water laws
- Have an advanced understanding of the ‘rights’ dimensions of water access and discrimination, in an international, national and human rights context
- Have an integrated understanding of the problems confronting management of water resources in the face of numerous and often conflicting pressures together with the legal rules and principles that have developed to implement water allocation and water quality controls historically and in contemporary contexts
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal rules together with the recent policy and law reform measures that have seen widespread changes to water law and practice within Australia
- Be able to critically evaluate the main aspects of the Council of Australian Government’s water reform process and the National Water Initiative; including water trading; environmental water and community engagement aspects
- Be able to critically evaluate how Australia’s federal structure has impacted water law reform in the Murray Darling Basin and to assess current developments in the field; including the drivers for change in Victorian water law and policy
- Have an advanced understanding of the key components of Victorian water laws and the regulatory trends that have driven experimentation with, and adoption of a wide range of tools and mechanisms for water governance
- Have the cognitive and technical skills to generate critical, but creative approaches to water resource planning and management; including examination of regimes for catchment management
- Be able demonstrate autonomy, and expert judgment in examining legal and policy matters in the field of water law and natural resource management and have the capacity to apply these in relevant areas of practice
- Have the cognitive and technical skills to independently examine, research and analyse legal issues relating to water law and natural resource management in a variety of contemporary regulatory contexts and to develop a sustained argument in relation to these issues
- Have the highly developed oral and written communication skills to clearly articulate and convey complex information regarding a water law case study that is accessible to professional and non-specialist audiences and to explain its relevance to subject themes.
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 Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 3 November 2022
Assessment
Additional details
- In-class presentation (oral presentation (10 mins) and lead discussion (5 mins)) and written presentation (1,000 - 1,500 words) (10% oral and 15% written – total 25%)
- Research paper (6,500 - 7,500 words) (75%) (18 September) 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
- June
Principal coordinator Lee Godden Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 22 May 2019 Pre teaching requirements 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. Teaching period 24 June 2019 to 28 June 2019 Last self-enrol date 28 May 2019 Census date 24 June 2019 Last date to withdraw without fail 9 August 2019 Assessment period ends 18 September 2019 June contact information
Lecturers
Professor Lee Godden, Coordinator
Dr Rebecca Nelson
Ms Erin O'DonnellEmail: 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
- Texts
Prescribed texts
Specialist materials will be made available free of charge from Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- 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