Mrs Yet Bryant
4 points
* Two hours per week
* First semester
* Clayton
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 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, through 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 environmental 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 relation 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%
* Take-home
examination: 50%
Prescribedtexts
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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