78242 Property Rights and the Environment
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in C04147 Master of Legal Studies OR 22 credit points of completed study in C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Description
This subject explores the intersections between property rights and the environment in three ways. First, property rights in natural resources, such as coal seam gas, water and genetic material, are explored. Second, the relationship between property rights and environmental change, such as the protection of private property from coastal erosion, and from major flooding and fire events, is considered. Third, the intersection of property rights and environmental law is examined, for example prohibitions on clearing vegetation on private land, conservation covenants and compensation for acquisition of property rights through the operation of environmental law. From ground-breaking case law of Australian Courts to legal, political and scientific scholarship; from policy development to media coverage, this subject provides students with the breadth of perspective encompassing the political, economic, scientific and social aspects of the topic of property and the environment. From this broad perspective, students are invited to select one issue identified in the subject material (or their own topic) through which they can develop their research skills culminating in a major in-depth report. Teaching in the subject explicitly focuses on the development of professional research skills. Students are encouraged to write up their research to a level suitable for submission to peer-reviewed journals for consideration for publication.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate a working knowledge of the doctrinal aspects of property rights in natural resources and environmental services; |
|---|---|
| 2. | demonstrate sound ability to consider questions of natural resource ownership and environmental impacts from a range of diverse intellectual and cultural perspectives; |
| 3. | identify, locate, collect, organise and synthesise information on the topic of the student???s report and to present the results of this research in writing; |
| 4. | develop and conduct their own research independently through guided introduction to preparing research for dissemination to others. |
| 5. | present research-in-progress to class (optional assessment) and incorporate feedback into final report and to provide peers with feedback on their work. |
Content (topics)
1 Property: understanding different models of property
2 Environment: understanding key principles and processes
3 Property and environment: understanding the legal relationship
4 Research skills and methods: how to prepare your report
5 Property rights in natural resources: coal seam gas
6 Property rights in natural resources: water
7 Property rights in natural resources: genetic material
8 Property rights and environmental change: coastal erosion
9 Property rights and environmental change: flood and fire events
10 Property rights and environmental law: vegetation clearing
Assessment
Assessment task 1: Written Synopsis of Research Paper
| Weight: | 20% |
|---|---|
| Length: | 1000 words |
Assessment task 2: Class presentation, leadership and feedback
| Weight: | 20% |
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Assessment task 3: Research Report
| Weight: | 60% |
|---|---|
| Length: | 5000 words |
