79004 Environmental Law and Science
Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
UTS: LawCredit points: 6 cp
Subject level:
Undergraduate
Result type: Grade and marksRequisite(s): 91102 Animal Function and Diversity OR 91123 Biocomplexity
Handbook description
This subject introduces the science student to concepts of environmental law and the interface between environmental law and science. It establishes a foundation for the subject 79023 Environmental Forensic Law, and it complements subjects in environmental management by setting out the legal framework which supports the management of natural resources at both a federal and state level. This subject also introduces students to legal research.
Subject objectives/outcomes
This subject will assist students to develop graduate attributes by pursuing the following learning objectives. Students will undertake class activities to practise their development of these attributes, and will complete a range of assessment tasks designed to assess their attainment of the identified attributes.
- To enhance students’ critical thinking and analysis skills. (Graduate attributes 1 and 4)
- To consolidate students’ research skills. (Graduate attribute 4)
- To be able to understand environmental cases and legislation and identify the input that science has in the law. (Graduate attributes 1 and 2)
- To understand the connection between environmental, economic, law and scientific issues. (Graduate attribute 2)
- To understand the roles of government, the courts and the administrators in making environmental laws. (Graduate attribute 1)
Contribution to course aims and graduate attributes
The UTS Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.
INTELLECTUAL
- Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
- Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
- Spoken and Written Communication: Advanced oral and written communication skills.
- Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.
PROFESSIONAL
- Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
- Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
- Ethics: A capacity to value and promote honesty, accountability and ethical standards.
PERSONAL
- Self and Cooperative Work Management: Self and priority management skills including cooperative work.
- Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
- Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.
Teaching and learning strategies
Strategy 1 Interactive weekly seminars and lectures to cover the content of the course
Strategy 2 Submission of an online quiz question and answer
Strategy 3 A case note to understand how judges make law and to see the role of science in the courts.
Content
- What is environmental law?
- Sustainable development.
- The court system and legal research
- Environmental ethics and governance
- International environmental law and the precautionary principle
- The interface between international/ federal/ state laws
- The Environmental Protection and Biodiversity Conservation Act 1999 (Cth)
- NSW legislation – Pollution
- Contamination
- Enforcement and compliance
- Environmental impact assessment and climate change
Assessment
Assessment Item 1: Class participation
Objective(s): | Link to objectives: 1, 3, 4, 5 Targeting graduate attribute: 3 |
Weighting: | 25 |
Length: | 1,200 words |
Criteria: | see Task. |
Assessment Item 2: Class Quiz
Objective(s): | Link to objectives: 2,3,5 Targeting graduate attribute: 5 |
Weighting: | 25 |
Length: | 1,200 words |
Criteria: | see Task |
Assessment Item 3: Essay
Objective(s): | Link to objectives: 1, 3, 4, 5 Targeting graduate attributes: 1, 3, 5 |
Weighting: | 50 |
Length: | 2,600 words |
Required texts
PRESCRIBED Texts and Legislation
Bates, G
Environmental law in Australia 7th Ed. Butterworths 2010
Workbook available electronically on UTSOnline
Recommended texts
David Farrier and Paul Stein (eds.) (2006) The Environmental Law Handbook: Planning and Land Use in NSW, 4th
ed., Redfern Legal Centre Publishing. Fisher, D (2003) Australian Environmental Law, Sydney: Law Book Company 2nd edition 2010 Godden, L. & Peel, J., (2010) Environmental Law: Scientific, Policy and Regulatory Dimensions, Oxford University Press, Melbourne. Rosemary Lyster, Zada Lipman, Graeme Wiffen and Linda Pearson (2009) Environmental Law in New South Wales,2nd edition, Federation Press.
References
Indicative references
Other Useful Material Bonyhady, T. and Christoff, P. (eds.) (2008) Climate Law in Australia, Federation Press Ben Boer et al. (eds). Environmental Outlook Law and Policy 1,2,3, The Federation Press. Stein, L Principles of Planning Law, Oxford Univ. Press, Melbourne . (2007) Paul Martin and Miriam Verbeek Sustainability Strategy, Federation Press, Annandale, NSW (2006) Mercer, D.A. A Question of Balance, Sydney: Federation Press, 3rd Edition (2000) Ramsay R. & Rowe G. Environmental Law and Policy in Australia, Sydney: Butterworths, 1995 Journals Environmental and Planning Law Journal Australasian Journal of Natural Resources Law and Policy National Environmental Law Review Macquarie Journal of International and Comparative Environmental Law http://www.law.mq.edu.au/html/MqJICEL/about.htm Impact (Environmental Defender's Office Network) Local Government Law JournalOther resources
USEFUL WEBSITES:
Internet Resources (General)
Weblaw guide to environmental law
http://www.weblaw.edu.au/weblaw/display_page.phtml?WebLaw_Page=Environmental+Law
Australian Network of Environmental Defenders Offices Inc
http://www.edo.org.au/ Ecolex – gateway to environmental law
http://www.ecolex.org/start.php Environmental Law Alliance Worldwide (E-LAW)
http://www.elaw.org/ International Network for Environmental Compliance and Enforcement (INECE)
http://www.inece.org/ IUCN Commission on Environmental Law
http://www.iucn.org/about/work/programmes/environmental_law/elp_work/elp_work_cel/
Internet Resources (Specific)
Agenda 21
http://www.un.org/esa/dsd/agenda21/ Convention on Biological Diversity
http://www.cbd.int/ Convention on Migratory Species
http://www.cms.int/ Department of Environment, Climate Change and Water (NSW)
http://www.environment.nsw.gov.au/ Department of Sustainability, Environment, Water, Population and Communities
http://www.environment.gov.au/ Ramsar Convention
http://www.ramsar.org/cda/en/ramsar-home/main/ramsar/1_4000_0__ United Nations Framework Convention on Climate Change
http://unfccc.int/2860.php
Other resources
www.environment.nsw.gov.au
www.ethicalinvestor.com.au
www.wbcsd.ch
www.edo.org.au
www.environment.gov.au
www.iucnael.org
http://www.npi.gov.au/
Weblaw guide to environmental law
