This course will examine planning and environmental assessment legislation, policy and case law in Victoria and other states and territories of Australia where pertinent. The role of various levels of government will be examined, including the division of powers between the Commonwealth, Victorian and local governments. While the teaching component of the course will be divided into a planning module and an environmental assessment module, the use of case studies and readings will draw together these two subsets of environmental law.

Within the planning module of the course consideration will be given to: the objectives of planning policy; balancing private and public interests; the role of law in achieving planning goals; planning instruments and regulatory mechanisms for implementing planning policies; the role of appellate courts and tribunals in reviewing planning decisions; and the rights and role of the community.

Within the environmental assessment module of the course particular emphasis will be given to the topic of procedural environmental impact assessment, including its origins, role and objectives. Consideration will also be given to the legal obligations to conduct environmental impact assessment. The course will include evaluation of the common criticisms of EIA regimes including issues raised by: allocation of extensive discretionary powers to the decision-maker; adequacy of provisions for community involvement; implications of proponent prepared environmental impact statements; and, the timing of assessment.

At the conclusion of this course students should be able to:

• understand and explain the principles of planning;
• describe the planning and planning related functions of different levels of government;
• critically examine the role of law in achieving the objectives of planning policy and broader environmental objectives and the place for community in the planning process;
• understand and explain environmental impact assessment procedures (including under the Environment Protection and Biodiversity Conservation Act, and relevant state and territory legislation);
• identify the limitations and strengths of EIA regimes, particularly having regard to the role and contribution of the community to EIA; and
• present the findings of research in written form and logically and critically answer a problem question.

The proposed means of assessment for this course will require students to undertake three pieces of assessment. Short research tasks will be required before and during the teaching component of the course and a more substantial piece of assessment (comprising both research and problem solving questions) will be required after the teaching component of the course.

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)

Click here for 2009 Graduate Law Timetable

NOTE: This course will be offered in Melbourne in 2009, students who wish to enrol require a permission code which can be obtained from pgadmin.law@anu.edu.au

LAWS8189 Fundamentals of Environmental Law (non-lawyers)

Students who have completed LAWS8279 Environmental Impact Assessment Law or LAWS8203 Environmental Landuse and Planning Law are not permitted to enrol in this course.

The preliminary reading required for this course will be available in the course outline.

A reading guide will be included in the course outline.