LAW4115

Environmental law 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Clayton First semester 2005 (Day)

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. Coordination of environmental controls between Commonwealth and States including relevant provisions of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Environmental litigation, including issues of justiciability, and the standing of private citizens and environmental groups.

Objectives: On conclusion of this subject students should (1) have been exposed to the principal common law and legislative control mechanisms designed to protect and conserve the environment; (2) have a comprehensive knowledge of the sanctions and enforcement methods available; (3) be equipped to advise individuals, corporations, and community groups as to their rights and obligations under environmental legislation; (4) have an understanding of the relevance of environmental concerns over a wide range of 'governmental' decision-making processes; and (5) have an appreciation of the new national approaches to the coordination and harmonisation of Federal-State functions in relation to the environment.

Assessment: Research paper (4000 words): 50% + Take-home examination: 50%

Contact Hours: Three hours of lectures per week

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society