LLB440 Environmental Law


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Unit Outline: Semester 1 2024, Gardens Point, Internal

Unit code:LLB440
Credit points:12
Pre-requisite:LLH206 or LWB335
Anti-requisite:LWB485
Coordinator:Rowena Maguire | r.maguire@qut.edu.au
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of the teaching period.

Overview

As Australian legal practitioners can increasingly expect to work on issues addressing climate change and environmental degradation,  an understanding of this area of law is important for all practitioners. The aim of this unit is to enable you to understand the principles and mechanisms of environmental law, how they apply to contemporary environmental issues and where the law needs reform. This unit will be beneficial if you are intending to practice in environmental, planning, property or construction law,  or if you intend to work in the public sector in relation to the implementation of international environmental obligations, conservation and protection of biodiversity and management of pollution of air, water and land.  This unit will develop your critical thinking skills, provide you with experience in drafting submissions and will involve assessment tasks framed on current environmental legal issues.  

Learning Outcomes

On successful completion of this unit you will be able to:

  1. Critically analyse and apply relevant legal principles of environmental law for the purpose of resolving problems involving law, facts and policy (Course Learning Outcomes 1.1, 2.1, 2.2)
  2. Critically analyse the principles of environmental law, and their interplay with other relevant legal principles and policy priorities (CLOs 1.1, 1.4, 2.3)
  3. Manage and complete a research project by using the appropriate research methodology, involving the selection and evaluation of relevant sources of law and policy (CLOs 3.1, 3.2, 3).
  4. Communicate legal reasoning logically and coherently (CLO 4.1)

Content

The content of this unit includes:

  • Principles and theories of environmental law
  • International Environmental Obligations
  • Commonwealth Framework for Environmental Law 
  • Queensland's Environmental Regulatory Regime
  • Planning and Assessment of Major Projects
  • Nature Conservation
  • Climate Mitigation Mechanisms and Litigation
  • Climate Adaptation
  • Great Barrier Reef Regulation
  • Waste Management and the Circular Economy
  • Critical perspectives informed by Indigenous scholarship. 

Learning Approaches

This unit employs an active and collaborative approach to learning. It involves an online, self-led learning practice and weekly workshops where you will learn from experts and your peers. Prior to workshops, you will be supported and engaged in this unit through the delivery of recordings presented by experts and relevant real-world readings. You will participate in collaborative discussions that will explore a range of practical and theoretical perspectives.

Your participation in the unit will include:
• Independent engagement with online materials
 including recordings and readings to assist with your understanding of substantive content and key concepts. 
• Weekly interactive workshops
 for you to engage in learning activities designed to enhance your application of legal principles, practice problem solving and interpretation with your peers and receive guidance and feedback from the lecturer. 
• Online Q&A sessions and a discussion board
 to allow you to check your understanding of key concepts and receive input and feedback from your peers and from the teaching team.

Feedback on Learning and Assessment

Students are provided with feedback to assist their learning throughout the semester. The feedback is provided through:

  • the face-to-face workshops (internal students)
  • the feedback on your assessment (all students)
  • the generic feedback on the examination placed on the unit's Canvas site (all students)
  • the option of consultation with a member of the teaching team during student consultation (all students).

Assessment

Overview

In this unit, students are graded on a scale of one to seven.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Research Essay

A research essay addressing a current issue in environmental law.

This is an assignment for the purposes of an extension.

Weight: 50
Length: Word limit: 2000 words
Individual/Group: Individual
Due (indicative): Week 9
Related Unit learning outcomes: 1, 2, 3, 4

Assessment: Problem Solving Task

You will be required to provide a memo of advice on a complex, real world fact scenario. This is designed to engage you in solving real world environmental law problems. The memo will assess your understanding of unit concepts across the entire unit. You will need to communicate clearly and effectively and provide a concise summary of your advice.

This is an assignment for the purposes of an extension.

Weight: 50
Length: 2000 words
Individual/Group: Individual
Due (indicative): Week 13
Related Unit learning outcomes: 1, 2, 3

Academic Integrity

Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.

Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.

You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.

Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.

Resources

Resource Materials

Prescribed text(s)

Rowena Maguire, Evan Hamman, Justine Bell-James, Amanda Kennedy, Philippa England, Environmental, Planning and Climate Law in Queensland (LexisNexis, 2020)

Risk Assessment Statement

There are no unusual risks in this unit.