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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: Law
Credit points: 6 cp

Subject level:

Undergraduate

Result type: Grade and marks

Requisite(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.

  1. To enhance students’ critical thinking and analysis skills. (Graduate attributes 1 and 4)
  2. To consolidate students’ research skills. (Graduate attribute 4)
  3. To be able to understand environmental cases and legislation and identify the input that science has in the law. (Graduate attributes 1 and 2)
  4. To understand the connection between environmental, economic, law and scientific issues. (Graduate attribute 2)
  5. 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

  1. Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
  2. Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
  3. Spoken and Written Communication: Advanced oral and written communication skills.
  4. Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.

PROFESSIONAL

  1. Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
  2. Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
  3. Ethics: A capacity to value and promote honesty, accountability and ethical standards.

PERSONAL

  1. Self and Cooperative Work Management: Self and priority management skills including cooperative work.
  2. Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
  3. 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

  1. What is environmental law?
  2. Sustainable development.
  3. The court system and legal research
  4. Environmental ethics and governance
  5. International environmental law and the precautionary principle
  6. The interface between international/ federal/ state laws
  7. The Environmental Protection and Biodiversity Conservation Act 1999 (Cth)
  8. NSW legislation – Pollution
  9. Contamination
  10. Enforcement and compliance
  11. 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 Journal

Other 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