Objectives:

A participant who has successfully completed this course should:

• have a sound foundation in the legal and the political aspects of environmental federalism in Australia.
• gain an appreciation of the history of legislative and executive practice and State-Federal relations since federation
• have an understanding of how the Australian constitutional system distributes and regulates power between the polities in Australia, and how this power distribution has been interpreted by the Court.
• appreciate the financial and political drivers which inform decisions and negotiations between the different levels of government on environmental matters.
• understand the mechanisms which inform the legal and political relationship between the states on environmental matters (eg tied grants, bi-lateral and intergovernmental agreements, trigger mechanisms for Commonwealth involvement, reference of powers under the Constitution).
• gain a practical understanding of how key pieces of legislation work to regulate State-Federal cooperation on environmental matters.

Content:

This course is divided into three main parts. Part I provides an overview of the structure of environmental federalism from constitutional, historical and theoretical perspectives. Against this background, Part II allows students to consider several specific environmental regimes. Part III involves student presentation of topics assigned after the close of enrolments.

The course examines both the "legal" and the "political" Constitution as it has governed the distribution of responsibilities for environmental matters within the Australian Federal system of government. The division of legislative power between the Commonwealth and the States is the starting point. there then follows a detailed examination of legislative and executive practice over several distinct periods, culminating in present day divisions of environmental roles and responsibilities. The subject addresses several broad issues arising from the Australian experience including: first, the concept of subsidiarity (for which purpose a comparative approach is adopted, covering the European Union, the United States and Canada); second, the various techniques (both legislative and non-legislative) used to promote cooperative federalism in relation to environmental matters; and third, the specific problems arising in the application of State laws to activities of the Commonwealth or on Commonwealth places.

Students must rely on the Approved Assessment which will be posted to the course homepage on the ANU Law website, prior to the commencement of the course.

26 Contact Hours (Intensive Delivery)

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Fundamentals of Environmental Law (non-lawyers)