This course provides students with knowledge of the legal framework relating to protection and use of the natural environment. This framework has arisen from government policy formulation and the emergence of community values concerning the preservation, development and use of the natural environment. Special attention will be given to the understanding of key pieces of environmental assessment and approval legislation at a NSW and Commonwealth level and the role of common law principles relating to degradation, protection and use of the natural environment. The course will draw on relevant interdisciplinary material to complement legal analysis of environmental problems. Students will also learn about the domestic implementation of international obligations in the Australian context. Students will have opportunities to engage with topical and emerging issues in environmental law and policy at various points in the course.
Availability2021 Course Timetables
- Semester 1 - 2021
On successful completion of the course students will be able to:
1. Demonstrate advanced and critical understanding of the role of domestic and international law in regulating the degradation, protection and use of the natural environment in Australia.
2. Apply advanced theoretical and technical knowledge of key pieces of environmental assessment and approval legislation at a NSW and Commonwealth level.
3. Critically analyse the socio-political context of environmental law and policy in the Australian context.
4. Demonstrate advanced knowledge of key elements of international environmental law and its significance in the Australian context.
5. Demonstrate autonomy and well-developed judgment in carrying out research of specialised legal and policy issues relating to environmental regulation.
6. Prepare and present cogent arguments orally and in writing.
The following topics will be covered in this course:
- Introduction to Environmental law and Policy.
- Sustainable Development in Environmental Law and Policy
- International Law and Ozone Depletion
- International Law and Climate Change
- Common Law Regulation of the Natural Environment
- Australian Government Regulation of the Natural Environment
- The NSW Environmental Assessment and Approval Process.
- The Commonwealth Environmental Assessment and Approval Process.
- The Legal framework for Biodiversity Conservation in NSW.
- Contemporary issues in Environmental Law and Policy
This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or Bachelor of Laws (Honours) and associated combined degree programs.
LAWS1010 Legal System and Method I and LAWS1011 Legal System and Method II, or LAWS1001A & LAWS1001B Legal System and Method Parts A & B;
LAWS1003A Torts Part A or LAWS1020 Torts I;
LAWS1003B Torts Part B or LAWS1021 Torts II;
LAWS2004A & LAWS2004B Criminal Law & Procedure Parts A & B, or LAWS2030 Criminal Law & Procedure;
LAWS3004A Contracts Part A, or LAWS3040 Contracts I;
LAWS3004B Contracts Part B, or LAWS3041 Contracts I.
Participation: Compulsory Attendance Requirement
Written Assignment: Essay
Written Assignment: Take Home Exam
Written Assignment: Current Issues synopses
Quiz: Online Quiz
Online 3 hour(s) per Week for 12 Weeks
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.