Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Environmental Law and Administration
  • Unit Code

    LAW2602
  • Year

    2015
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit aims to provide students with an insight into environmental law. This is an introductory unit with a focus on the structure and content of domestic legislation and the international framework that exists to protect the environment. This unit considers the general themes and principles in this area, the procedural requirements for environmental impact assessment of certain activities under WA and Commonwealth law, environmental planning, sustainability, contemporary issues and the legal remedies that are available to address some of the challenges that environmental problems present. Particular attention is placed on current issues with an emphasis on climate change and the Federal and international environmental taxation regimes. The topics taught in this unit cover a wide range of issues of contemporary relevance. The underlying purpose is to provide a solid grounding in the basic principles of domestic and international environmental law as applied in a particular context. Throughout this unit, students will also be encouraged to critically reflect on whether the legislation in Western Australia adequately addresses the critical environmental needs of the State and whether within the planning context the law is workable and systematic.

Prerequisite Rule

Students must pass 1 unit from LAW1100, LAW1116, LAW1600, SCI1181

Equivalent Rule

Unit was previously coded LAW5610

Learning Outcomes

On completion of this unit students should be able to:

  1. Be aware of the different courts and tribunals with the jurisdiction to hear environmental matters.
  2. Demonstrate an understanding of the relationship between State and Local Governments with respect to their liability under respective legislation for environmental matters.
  3. Discuss the influence of international law on domestic environmental policy.
  4. Discuss the role of environmental impact assessments in addressing environmental concerns.
  5. Discuss the role of the Government in addressing environmental matters and identify themes which shape environmental policies and legislation.
  6. Identify and discuss the legal framework in Western Australia and at a Commonwealth level for environmental law.
  7. Understand the importance of non-legal sources and of political considerations in the study of the subject by critically discussing current environmental concerns.

Unit Content

  1. Current issues.
  2. Environmental planning and assessment within a legal context.
  3. International and domestic environmental legislation.
  4. Introduction to environmental law.
  5. Legal proceedings in an Environmental Law context.
  6. Role of government in environmental law.
  7. Sources and themes of environmental law.
  8. Sustainable development and environmental law.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students attend a weekly two-hour lecture and a one-hour tutorial. Off-campus students will access the program via Blackboard. Regular online access is required. Students will prepare case plans and structures to develop their ability to read and analyse legal and non-legal materials, and will construct legal arguments and presentations on case scenarios to develop written and oral communication as well as legal reasoning skills.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
AssignmentWritten submission10%
AssignmentMajor Assignment30%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
AssignmentWritten submission10%
AssignmentAssignment30%
ExaminationFinal Examination60%

Text References

  • ^ Bates, G. (2013). Environmental law in Australia (8th ed.). Chatswood NSW: LexisNexis Butterworths.
  • ^ DOMESTIC STATUTES Environmental Protection Act 1986 (WA). Environmental Protection and Biodiversity Conservation Act 1999 (Cth). Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (WA). Environmental Impact Assessment Administrative Procedures 2010 (WA). INTERNATIONAL CONVENTIONS Paris Convention for the Protection of the World Cultural and Natural Heritage 1972. Declaration of the United Nations Conference on the Human Environment 1972. (Stockholm Declaration) United Nations Conventions on the Law of the Sea 1982. United Nations Framework Convention on Climate Change 1992. Declaration of the United Nations Conference on Environment and Development 1992. (Rio Declaration) Rio +20 United Nations Sustainable Development Conference 2012.
  • DOMESTIC STATUTES Environmental Protection Act 1986 (WA). Environmental Protection and Biodiversity Conservation Act 1999 (Cth). Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (WA). Environmental Impact Assessment Administrative Procedures 2010 (WA). INTERNATIONAL CONVENTIONS Paris Convention for the Protection of the World Cultural and Natural Heritage 1972. Declaration of the United Nations Conference on the Human Environment 1972. (Stockholm Declaration) United Nations Conventions on the Law of the Sea 1982. United Nations Framework Convention on Climate Change 1992. Declaration of the United Nations Conference on Environment and Development 1992. (Rio Declaration) Rio +20 United Nations Sustainable Development Conference 2012.
  • Bates, G. (Editor). Environmental and planning law journal. North Ryde NSW: Thompson Law Book Company.

Website References

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW2602|1|1

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Environmental Law and Administration
  • Unit Code

    LAW2602
  • Year

    2015
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit aims to provide students with an insight into environmental law. This is an introductory unit with a focus on the structure and content of domestic legislation and the international framework that exists to protect the environment. This unit considers the general themes and principles in this area, the procedural requirements for environmental impact assessment of certain activities under WA and Commonwealth law, environmental planning, sustainability, contemporary issues and the legal remedies that are available to address some of the challenges that environmental problems present. Particular attention is placed on current issues with an emphasis on climate change and the Federal and international environmental taxation regimes. The topics taught in this unit cover a wide range of issues of contemporary relevance. The underlying purpose is to provide a solid grounding in the basic principles of domestic and international environmental law as applied in a particular context. Throughout this unit, students will also be encouraged to critically reflect on whether the legislation in Western Australia adequately addresses the critical environmental needs of the State and whether within the planning context the law is workable and systematic.

Prerequisite Rule

Students must pass 1 unit from LAW1100, LAW1116, LAW1600, SCI1181

Equivalent Rule

Unit was previously coded LAW5610

Learning Outcomes

On completion of this unit students should be able to:

  1. Be aware of the different courts and tribunals with the jurisdiction to hear environmental matters.
  2. Demonstrate an understanding of the relationship between State and Local Governments with respect to their liability under respective legislation for environmental matters.
  3. Discuss the influence of international law on domestic environmental policy.
  4. Discuss the role of environmental impact assessments in addressing environmental concerns.
  5. Discuss the role of the Government in addressing environmental matters and identify themes which shape environmental policies and legislation.
  6. Identify and discuss the legal framework in Western Australia and at a Commonwealth level for environmental law.
  7. Understand the importance of non-legal sources and of political considerations in the study of the subject by critically discussing current environmental concerns.

Unit Content

  1. Current issues.
  2. Environmental planning and assessment within a legal context.
  3. International and domestic environmental legislation.
  4. Introduction to environmental law.
  5. Legal proceedings in an Environmental Law context.
  6. Role of government in environmental law.
  7. Sources and themes of environmental law.
  8. Sustainable development and environmental law.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students attend a weekly two-hour lecture and a one-hour tutorial. Off-campus students will access the program via Blackboard. Regular online access is required. Students will prepare case plans and structures to develop their ability to read and analyse legal and non-legal materials, and will construct legal arguments and presentations on case scenarios to develop written and oral communication as well as legal reasoning skills.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
AssignmentWritten submission10%
AssignmentMajor Assignment30%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
AssignmentWritten submission10%
AssignmentAssignment30%
ExaminationFinal Examination60%

Text References

  • ^ Bates, G. (2013). Environmental law in Australia (8th ed.). Chatswood NSW: LexisNexis Butterworths.
  • ^ DOMESTIC STATUTES Environmental Protection Act 1986 (WA). Environmental Protection and Biodiversity Conservation Act 1999 (Cth). Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (WA). Environmental Impact Assessment Administrative Procedures 2010 (WA). INTERNATIONAL CONVENTIONS Paris Convention for the Protection of the World Cultural and Natural Heritage 1972. Declaration of the United Nations Conference on the Human Environment 1972. (Stockholm Declaration) United Nations Conventions on the Law of the Sea 1982. United Nations Framework Convention on Climate Change 1992. Declaration of the United Nations Conference on Environment and Development 1992. (Rio Declaration) Rio +20 United Nations Sustainable Development Conference 2012.
  • Bates, G. (Editor). Environmental and planning law journal. North Ryde NSW: Thompson Law Book Company.
  • DOMESTIC STATUTES Environmental Protection Act 1986 (WA). Environmental Protection and Biodiversity Conservation Act 1999 (Cth). Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (WA). Environmental Impact Assessment Administrative Procedures 2010 (WA). INTERNATIONAL CONVENTIONS Paris Convention for the Protection of the World Cultural and Natural Heritage 1972. Declaration of the United Nations Conference on the Human Environment 1972. (Stockholm Declaration) United Nations Conventions on the Law of the Sea 1982. United Nations Framework Convention on Climate Change 1992. Declaration of the United Nations Conference on Environment and Development 1992. (Rio Declaration) Rio +20 United Nations Sustainable Development Conference 2012.

Website References

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW2602|1|2