Monash University Handbooks 2008

LAW7414 - Planning and environmental law practice

3 points, SCA Band 3, 0.0625 EFTSL

Postgraduate Faculty of Law

Leader: TBA

Offered

Not offered in 2008

Synopsis

This unit is concerned with the law and practice relating to activities affecting the natural environment, with particular reference to regulation and planning procedures and issues. It focuses on such skills as: legal research and analysis, awareness and use of learning strategies and oral and written communication, negotiation and mediation. The unit will also encourage awareness of personal values and recognition and resolution of ethical conflicts. The unit comprises 4 modules, namely: 1 Introduction

2 Planning schemes and environmental issues 3 The planning permit application process 4 Resolution of disputes

Objectives

At the conclusion of this unit you should be able to:

o Demonstrate your understanding of the statutory regimes and dispute resolution procedures relating to planning and environmental matters

o Apply your skills of legal research and analysis, oral and written communication in relation to the rights and obligations of parties involved in planning and environmental matters

o Discuss your personal values and understanding of professional values in relation to planning and environmental matters.

Assessment

(2772) Regular feed back will be provided on written exercices and oral presentation such as appeal against refusal of permit and presentation of argument to Tribunal. Two written assessments: 50% each. Competence will be assessed according to the grades "Merit", "Pass", or "Fail



(3389 & 3390) Assessment incorporates individual assignment work and participation in online activities.



Assessment will be in the form of 3 assessable activities:



i Either -

* a letter of advice to a clientor

* a memorandum of advice to a partner

The letter or memorandum shall incorporate anticipated objections or counter-arguments and include advice on alternative dispute resolution.

Nature of activity: Individual written assignmentMarks: 25%



ii Either -

* an application for a planning permitor

* an objectionor

* an application for review against a decision to grant/refuse a permit.

In addition,

* dot points for submissions and oral arguments in support of the application or objection or application for review.

Nature of activity: Individual written assignment Marks: 20%

Group written/oral presentation Marks: 30%



iii Both -

* negotiating a settlement to the dispute and

* drafting an agreement to reflect terms of settlement.

Marks will not be awarded for the negotiation exercise but feedback will be provided. Participation in the negotiation exercise will be compulsory in order to pass the unit.

Nature of activity: Compulsory exercise in negotiation Feedback given

Individual written assignment Marks: 25%

Contact hours

This is a online learning unit.

Prerequisites

Bachelor of Laws (LLB) (or equivalent) including the specified subjects required for admission to practice in Victoria, as a prerequisite.

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