This course provides an overview of topics within domestic Australian environmental protection law. Environmental Law is the complex, sometimes connected, and sometimes disparate collection of treaties, conventions, statutes, regulations, and case law which involve questions of the interactions of humans with the natural environment. More modern conceptions of environmental law see its purpose as encouraging long-term ecological sustainability, rather than merely providing rules for orderly exploitation of natural resources.

The course critically examines the institutional arrangements and legal principles that underpin the practice of environmental and planning law.The course examines environmental law from both theoretical and practical perspectives, taking a broad national and thematic approach. Whilst it places particular emphasis on the applicable Commonwealth, NSW and ACT law, the course reviews fundamental concepts, useful tools and insights with which to understand and critically analyse environmental law.

 Topics covered include:

• introduction defining the 'environment', 'ecologically sustainable development';
• the common law and environmental protection;
• environmental law in a federal system;
• role of local and state governments;
• statutory land-use planning and development control law;
• evironmental impact assessment law;
• bodiversity law;
• native vegetation law;
• pollution control law;
• a brief introduction to climate change and energy law;
• environmental litigation;
• enforcement of environmental law; and
• major projects law.

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

• show familiarity with fundamental terminology, rationale, theories and approaches of Australian environmental law;
• demonstrate an understanding of the core components of environmental and planning law and the legal tools used to advance environmental protection while facilitating infrastructure development and resource use;
• explain the interaction between different policy and legal instruments and between various jurisdictions within Australian environmental and planning law;
• demonstrate an ability to apply the principles of environmental law from relevant cases and statutes to a given set of hypothetical facts, and to present an argument;
• comment critically on the outcome and reasoning in cases studied during the course and identify the considerations of policy evident within them; and
• demonstrate an ability to research and write in detail about specific issues within the field of environmental law by critically analysing relevant primary and secondary materials; and confidently present their analysis of environmental law issues to peers.

Research essay, take home exam, seminar presentations. For details refer to the course home page.

Three hours per week.

Completed or completing five LAWS courses at 1000 level.

Bates, G. (2010) Environmental Law in Australia, 7^th edition, LexisNexis.