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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, 2022 Online
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

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)

Overview

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.

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.

Course learning outcomes

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 required to be purchased or accessed

Bates, GM 2019, Environmental law in Australia, LexisNexis Butterworths, Chatswood, New South Wales.
(or latest edition.)
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 .

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment		 Weighting (%) Course learning outcomes
Assignments Written Quiz 1 No 20 1,2,3,4,5,6,7,8,9
Assignments Written Quiz 2 No 30 1,2,3,4,5,6,7,8,9
Examinations Non-invigilated Time limited online examinatn No 50 1,2,3,4,5,6,7,8,9,10,11,12
Date printed 10 February 2023