GYM4115

Environmental law

Mr Pat Kilbride

12 points -3 hours per week -Second semester -Clayton -Prerequisites: Consult with lecturer -Note: The subject is available subject to student numbers.

Objectives On conclusion of this subject students should have been exposed to the principal common law and legislative control mechanisms designed to protect and conserve the environment; have a comprehensive knowledge of the sanctions and enforcement methods available; be equipped to advise individuals, corporations, and community groups as to their rights and obligations under environmental legislation; have an understanding of the relevance of environmental concerns over a wide range of 'governmental' decision-making processes; and have an appreciation of the new national approaches to the coordination and harmonisation of Federal-State functions in relation to the environment.

Synopsis Controls designed to control pollution of air, water, and land, noise pollution, and conservation of the national estate. Enforcement of such controls. Relevance of environmental considerations over a wide range of decision making processes. Environmental impact assessment. An introduction to planning law. National/State responses to international problems such as ozone depletion, global warming, and biodiversity. Coordination of environmental controls between Commonwealth and States. Environmental litigation, including issues of justiciability, and the standing of private citizens and environmental groups.

Assessment Research paper (4000 words): 40% -Final open-book examination (2.5 hours plus reading time): 60%
Assessment Final open-book examination (3.5 hours plus reading and noting time): 100%

Recommended texts

Bates G M Environmental law in Australia 4th edn, 1995
Environment Effects Act 1978 (Vic.) as amended
Environment Protection (Impact and Proposals) Act 1974 (Cth) as amended
Environment Protection Act 1970 (Vic.) as amended

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