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Environmental Law (LAWS70100)
Graduate coursework level 7Points: 12.5Not available in 2023
To learn more, visit 2023 Course and subject delivery.
Overview
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Environmental law deals with pressing legal and social issues within Australia and internationally that range from biodiversity protection to waste reduction. This subject provides an overview of fundamental environmental law concepts and principles, such as the precautionary principle. It charts the evolution of Australian environmental law in response to global environmental challenges, such as climate change, as well as national regulatory reforms. The subject equips students with a thorough grounding in environmental impact assessment law by reference to the Environment Protection and Biodiversity Conservation Act 1999 (Cth). It examines the regulatory tools and approaches relevant to pollution control and ecological protection– including market mechanisms and offset models. This subject introduces international environmental law; dealing with issues such as trans-boundary harm and World Heritage protection, that have shaped Australian environmental law.
Principal topics include:
- The scope of environmental law – nationally and internationally – including transboundary regulation.
- The multidisciplinary character of environmental law and regulation that needs to respond to complex, multilevel environmental problems.
- The diversity of environmental law approaches from the common law through direct regulation to market measures and community engagement.
These themes are illustrated by case studies in the following areas:
- Environmental law: Principles and concepts
- Environmental actors, including public interest litigation with a focus on biodiversity protection
- The procedures and substantive law governing impact assessment and development approvals.
- Legal and regulatory tools used in environmental law, including duty of care concepts in pollution laws.
- The interaction of law and science, with a focus on the precautionary principle
- Implementation, compliance and enforcement in Environmental Law
- International environmental law, including biodiversity protection, world heritage cases and climate change governance.
Intended learning outcomes
A student who has successfully completed this subject should:
- Have an advanced understanding of the evolution of environmental law and the factors driving change and reform at an international and national level
- Have a sound general knowledge of the concepts of environmental law and be able to assess the efficacy of the principles of environmental regulation
- Have a detailed understanding of the influence of other disciplines, such as science, on environmental law
- Be able to critically examine, interpret, analyse, and assess the nature of current environmental law approaches such as environmental impact assessment and the 'regulatory mix’
- Be an engaged participant in debates over key case studies that illustrate trends in environmental law, such as cumulative impact assessment and offsetting for biodiversity conservation
- 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 legal and technical skills to independently examine, research and analyse legal issues relating to environmental protection and restoration
- Have the communication skills to articulate and convey clearly complex information regarding issues in environmental law
- Be able demonstrate autonomy and expert judgment in analysing case law and statutes in the field of environmental law.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50078 | Environmental Law | January (On Campus - Parkville) |
12.5 |
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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Case study assignment including a written presentation
| 27 April 2022 | 25% |
Research paper on a topic approved by the subject coordinator
| 8 June 2022 | 75% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | During the teaching period | N/A |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
Not available in 2023
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 31 January 2024
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-masters@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: 31 January 2024