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Course specification
The current and official versions of the course specifications are available on the web at .
Please consult the web for updates that may occur during the year.

LAW2107 Environmental Law

Semester 2, 2021 Online
Short Description: Environmental Law
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 4
ASCED code : 090999 - Law not elsewhere classified
Grading basis : Graded

Staffing

Examiner:

Requisites

Co-requisite: LAW1101 or LAW1500 or ENG2002 or REN1201 or (Students enrolled in BEDU (Legal Studies) or BLAW or LLBP or BALW or BBLA or BCLA or BCLW & Co-requisite LAW1201 or LAW1111) or (Students enrolled in DJUR & Co-requisite LAW5501 or LAW5111)

Other Requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .

Rationale

This course is designed to provide students with an introduction to environmental regulation, using Queensland as a case study. This course may be undertaken by students enrolled in both law and non-law programs. For law students, it provides a basis for a specialisation in environmental law issues. For non-law students, it provides a basis of knowledge about environmental law issues which will assist whether they are working in government, industry or private practice.

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 LAW1101 Introduction to Law, LAW1201 Legal Institutions and Process, LAW5501 Advanced Legal Institutions and Process, or ENG2002 Technology, Sustainability and Society. 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

On completion of this course students will 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;
  2. describe, interpret and explain the Australian federal environmental law regime;
  3. describe, interpret and explain issues in the use and regulation of cultural and natural heritage;
  4. describe, interpret and explain individual and corporate liability in environmental protection;
  5. describe, interpret and explain regulation of environmentally relevant activities in Queensland;
  6. describe, interpret and explain regulation of contaminated land in Queensland;
  7. describe, interpret and explain land use planning in Queensland;
  8. describe, interpret and explain issues in environmental compliance and dispute resolution;
  9. demonstrate the process of applying environmental legal principles to factual situations;
  10. compare, contrast and evaluate the international, national and state environmental legal systems;
  11. recognise the importance of environmental protection and the tension between that and development;
  12. demonstrate an ability to communicate in a legal context.

Topics

Description Weighting(%)
1.
  1. Introduction to the Australian legal framework (not assessed)
  2. International framework and initiatives in environmental law
 10.00
2. The Australian federal environmental law regime 20.00
3. Issues in the use and regulation of natural and cultural heritage. 20.00
4. Pollution/liability for environmental protection 10.00
5. Regulation of contaminated land 10.00
6. Regulation of environmentally relevant activities in Queensland 10.00
7. Land use planning in Queensland 10.00
8. Issues in environmental compliance and dispute resolution 10.00

Text and Materials

ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=02&subject1=LAW2107)

Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Bates, GM 2006, Environmental law in Australia, 10th edn, LexisNexis Butterworths, Chatswood, New South Wales.
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. 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..
LEGISLATION: You will need to have access to relevant sections (as discussed in the study guide) of the following legislation: Environmental Protection Act 1994 (Qd); Environment Protection and Biodiversity Conservation Act 1999 (Cth). Latest editions of the legislation are required. Legislation can be purchased from the Government Printers or downloaded from or .

Reference Materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Godden JP, Peel J & McDonald J 2018, Environmental Law, 2nd edn, Oxford University Press, Melbourne.

Student Workload Expectations

Activity Hours
Assessments 20.00
Directed Study 50.00
Private Study 95.00

Assessment Details

Description Marks out of Wtg (%) Due Date Notes
ONLINE PROBLEM EXERCISE 1 20 20 23 Aug 2021
ONLINE PROBLEM EXERCISE 2 30 30 20 Sep 2021
ONLINE EXAMINATION 50 50 End S2 (see note 1)

Notes
  1. This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via StudyDesk. The examination date will be available via UConnect when the Alternate Assessment Schedule has been released.

Important assessment information

  1. Attendance requirements:
    Online: There are no attendance requirements for this course. However, it is the students' responsibility 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 for that item.

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must achieve 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:
    An Online Examination is one in which candidates may have access to any printed or written material.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure .

  8. University Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .

Assessment Notes

  1. Assignments: (i) The due date for an assignment is the date by which a student must submit the assignment to the USQ. (ii) Students must retain a copy of each assignment submitted for assessment. This must be produced within 24 hours if required by the examiner. (iii) In accordance with university policy, the examiner may grant an extension of the due date of an assignment in extenuating circumstances. (v) The examiner will normally only accept assessments that have been written, typed or printed on paper-based media. (vi) In the event that a due date for an assignment falls on a local public holiday in their area, such as a show holiday, the due date for the assignment will be the next day. Students are to note on the assignment cover the date of the public holiday for the examiner's convenience.

  2. Course weightings: Course weightings of topics should not be interpreted as applying to the number of marks allocated to questions testing those topics in an examination paper. The examination may test material already tested in assignments.

  3. Referencing in assignments: Students studying this course as part of a Bachelor of Laws or Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in either of these programs may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at <>, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at <>.

  4. Deferred work: Students who, for medical, family/personal, or employment-related reasons, are unable to complete an assignment or to sit for an examination at the scheduled time may apply to defer an assessment in a course. Such a request must be accompanied by appropriate supporting documentation. One of the following temporary grades may be awarded: IDS (Incomplete - Deferred Examination); IDM (Incomplete Deferred Make-up); IDB (Incomplete - Both Deferred Examination and Deferred Make-up).

Other Requirements

  1. Computer, e-mail and Internet access: Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at <>.

Date printed 8 November 2021