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Toxics, Waste and Contamination Law (LAWS70464)
Graduate coursework level 7Points: 12.5Not available in 2021
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
Overview
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This subject will be delivered online in 2020 over the scheduled dates.
This subject provides an examination of current environmental tort, waste management and contaminated land laws from Victoria, across Australia and beyond, alongside an inquiry into global trends in the regulation of waste and its movement. The law and regulatory policies will be critiqued against the concepts of responsibility and justice, and contextualised through case study examples and practitioner perspectives.
The subject will ask: What are the risks and advantages of relying on particular types of laws to regulate waste, and protect the environment and humans from pollution and contamination? The subject will present Victoria, with its newly revised Environment Protection Act, as a case study for these laws, while also offering comparative insights, analysing developments in the law of torts and waste and contamination laws from Australia, overseas and internationally. It will also draw on recent controversies, including global ‘bans’ on the movement of waste, a rise in concern about plastics pollution, and the uncovering of legacy contaminants on federal lands, and highlight the experiences of practitioners to learn about the law in action.
Principal topics include:
- Toxic torts, human health and environmental justice
- An introduction to the notion of a 'toxic tort’ and environmental health
- The global origins of the toxic tort discourse
- Toxic tort actions and notions of justice
- Environmental protection and responsibility; trespass, nuisance and negligence
- Offences, duties, and regulatory models for environmental protection under pollution control legislation
- Recent developments in the environmental torts landscape
- Environmental torts and notions of tortious responsibility
- Waste management – from global to local
- An international law framework for waste management
- An overview of waste management laws – from the global to the local
- The dilemma of plastics and the fate of recyclables. A case study-based critique of international, national, state and local laws and policy
- Contaminated land
- An examination of Victoria’s contaminated land laws compared with Australian and overseas jurisdictions
- 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, 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: 12 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: 12 November 2022
Assessment
Description | Timing | Percentage |
---|---|---|
Reflective journal comprising three short essays (1,000 words each)
| 9 September | 30% |
Research paper on a topic approved by the subject coordinator
| 11 November | 70% |
Attendance Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
Last updated: 12 November 2022
Quotas apply to this subject
Dates & times
Not available in 2021
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.
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: 12 November 2022
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in 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: 12 November 2022