MONASH UNIVERSITY FACULTY HANDBOOKS

Law Handbook 1996

Published by Monash University
Clayton, Victoria 3168, Australia

Authorised by Academic Registrar, April 1996


LAW4115

Environmental law 406

Mr P E Kilbride

6 points + Three 1-hour lectures per week + Second semester + Clayton + Prerequisite: LAW2200 + Corequisite: LAW3100

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.

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 if 50 or fewer candidates Research paper (4000 words): 40% + Final open-book examination (2.5 hours plus reading time): 60%.

Assessment if more than 50 candidates Final open-book examination (3.5 hours plus reading and noting time): 100%

Texts


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