LAW 2107 Environmental Law

STAFFING:

SYNOPSIS:

This course is designed to acquaint students with the legal issues involved in the protection of the environment. This is to be achieved through exposure to the sources of Australian environmental regulation: international, national and state. While there is no set prerequisite legal study required, it is recommended that students have completed Introduction to Law LAW1101 or Technology and Society ENG2002. The course examines the various sources of environmental law demonstrating how international initiatives are translated into domestic regulation. Through this mechanism students are exposed to some of the difficulties in this area of the law such as definitional difficulties as well as the incorporation of concepts such as ecologically sustainable development, intergenerational equity and the precautionary principle into regulation. This is achieved by an examination of the Australian and Queensland environmental regulatory framework. Such practical issues as increasing Commonwealth involvement in environmental matters, the regulation of environmentally relevant activities and land use planning are dealt with.

OBJECTIVES:

The course objectives define the student learning outcomes for a course. The assessment item(s) that may be used to assess student achievement of an objective are shown in parentheses after each objective. On successful completion of this course, students should be able to:

1. describe, interpret and explain the principles and mechanisms of international environmental law and the manner in which international environmental law deals with specified topics (Assignment)
2. describe, interpret and explain the Australian Federal environmental law regime (Assignment, Examination)
3. describe, interpret and explain the role of the common law in environmental regulation (Examination)
4. describe, interpret and explain issues in the use and regulation of genetically modified organisms (Examination)
5. describe, interpret and explain corporate liability in environmental protection (Examination)
6. describe, interpret and explain regulation of environmentally relevant activities in Queensland (Examination)
7. describe, interpret and explain land use planning in Queensland (Examination)
8. describe, interpret and explain issues in environmental compliance and dispute resolution (Assignment, Examination)
9. demonstrate the process of applying environmental legal principles to factual situations (Assignment, Examination)
10. compare, contrast and evaluate the international, national and State environmental legal systems (Assignment, Examination)
11. recognise the importance of environmental protection and the tension between that and development (Assignment, Examination)
12. demonstrate an ability to communicate in a legal context (Assignment, Examination).

TOPICS:

TEXT and MATERIALS required to be PURCHASED or accessed:

ALL textbooks and materials are available for purchase from USQ BOOKSHOP (unless otherwise stated). Orders may be placed via secure internet, free fax 1800642453, phone 07 46312742 (within Australia), or mail. Overseas students should fax +61 7 46311743, or phone +61 7 46312742. For costs, further details, and internet ordering, use the 'Textbook Search' facility at http://bookshop.usq.edu.au click 'Semester', then enter your 'Course Code' (no spaces).

Access to the Internet: Due to the fluid nature of legal regulation of the environment and the extensive amount of legislation and other material required to be accessed for this course, students must have regular access to a computer with printing facilities linked to the Internet. The access to the Internet should be functional and effective having regard to present standards. If you do not own such a computer, then suitable access may be possible through USQ regional liaison centres, your place of work (with your employer's permission), libraries, schools or businesses which provide such access.

These Is No Set Text For This Course, Apart From The Study Package. However, The Bates Text And Fisher Text On Environmental Law Are Recommended.

LAW2107 study package available from the USQ Bookshop.

Internet access will also enable effective e-mail communication with the Examiner and other USQ facilities as well as participation in the course discussion group.

REFERENCE MATERIALS:

STUDENT WORKLOAD REQUIREMENTS:

ASSESSMENT DETAILS:

NOTES:

1.

The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date after the timetable has been finalised.

IMPORTANT ASSESSMENT INFORMATION

1. Attendance requirements:
   It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
2. Requirements for students to complete each assessment item satisfactorily:
   To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
3. Penalties for late submission of required work:
   If students submit assignments after the due date without prior approval then a penalty of 20% of the total marks gained by the student for the assignment will apply for each working day late.
4. Requirements for student to be awarded a passing grade in the course:
   To be assured of receiving a passing grade a student make a reasonable attempt in all of the weighted assessment items, achieve at least 50% in the examination and at least 50% of the total weighted marks available for the course.
5. Method used to combine assessment results to attain final grade:
   The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.
6. Examination information:
   This is an open examination. Candidates may have access to any material during the examination except the following: electronic devices (eg mobile telephones, pagers, computers), bulky materials, devices requiring power and material likely to disturb other students.
7. Examination period when Deferred/Supplementary examinations will be held:
   Any Deferred or Supplementary examinations for this course will be held during the next examination period.
8. University Regulations:
   Students should read USQ Regulations 5.1 Definitions, 5.6. Assessment, and 5.10 Academic Misconduct for further information and to avoid actions which might contravene University Regulations. These regulations can be found at the URL http://www.usq.edu.au/corporateservices/calendar/part5.htm. Students should also read the Faculty of Business Guide to Policies and Procedures of the Faculty which can be found at the URL http://www.usq.edu.au/handbook/current/buspolproc.html.

ASSESSMENT NOTES

OTHER REQUIREMENTS:

1. Learning resources: Prescribed texts and materials (see above); recommended reference materials (see above); printed Introductory Book*, Study Book/s*, and Book/s of Selected Readings*; and course Website accessible via USQConnect. *part of the study package available from the USQ Bookshop.