4 points
* 2 hours per week
* First semester
* Clayton
*
Prerequisites: none
Objectives On successful conclusion of this subject students should: (a) have been exposed to the principal common law and legislative control mechanisms designed to protect and conserve the environment for this and later generations. These include direct prohibition of activities, such as pollution of water, air and land, the setting of performance standards, for example, in relation to emission of material into the environment, establishing licensing systems, such as those currently administered by the Environment Protection Authority (waste discharge licences and works approvals); (b) have a comprehensive knowledge of the sanctions and enforcement methods available where there is a breach of the relevant controls, ranging from clean-up and abatement notices, though to injunctions and the criminal process; (c) having achieved (a) and (b), be equipped to advise individuals, corporations and community groups as to their rights and obligations under environmental legislation, not only after an event, but on how common law and legislative rules might impinge now or in the future on decisions whether to purchase/develop property or finance such; (d) have an understanding of the relevance of environmental concerns over a wide range of `governmental' decision making processes and whether it is permissible or required that such considerations be weighted against economic and social considerations; and if so, be able to evaluate the operation of environment impact assessment legislation as an aid to such decision making; (e) be familiar with the principal avenues of redress available to persons aggrieved by actions or decisions affecting the environment, and be able to identify, comprehend and discuss the difficulties in some types of environmental litigation caused by the requirements of justifiability and standing; (f) have an appreciation of the new national approaches to the coordination and harmonisation of Federal-State functions in relations to the environment, notably the Intergovernmental Agreement on the Environment (1992), the National Ecologically Sustainable Development Strategy (1992) and the proposed National Environmental Protection Authority.
Synopsis Structure of the Australian legal system, division of law; workings of the system; the courts and their work; environmental problems involving legislative control; Town planning problems.
Assessment Written (3000 words): 50%
* Examination (take-home):
50%
Prescribed texts
Environment Protection (Impact of Proposals) Act 1974-75
Environment Protection Act 1970
Planning Appeals Board Act 1987
Planning and Environment Act 1987
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