This course will examine planning and environmental assessment legislation, policy and case law. The course will focus on the laws of Victoria, although the laws in other states and territories of Australia will be examined where pertinent.

Although 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 and illustrate that they share much in common.

Within the planning module, the course will focus on: the objectives of planning policy, particularly in an era of sustainability; balancing private and public interests through planning laws; the role of law in achieving traditional (eg urban infrastructure) and contemporary (eg sustainable cities and climate change adaptation) planning goals; the planning instruments and regulatory mechanisms for implementing planning policies; the role of courts and tribunals in reviewing planning decisions; and the rights and role of the community in planning law.

A short walking field trip in Melbourne, taking in a number of contentious planning decisions, is planned.

Within the environmental assessment module of the course, the emphasis will be on the procedures of environmental impact assessment. The course will examine the origins, function and objectives of environmental assessment, particularly using the Commonwealth’s primary environmental law as an example. The course will include an evaluation of the common criticisms of environmental assessment regimes, an examination of the role of the community, proponent, government and judiciary in the assessment process, and provide an opportunity for discussion on alternative legal models for environmental assessment.

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

• understand and explain the traditional and contemporary 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);
• identify the limitations and strengths of environmental assessment regimes, particularly having regard to the role and contribution of the community; 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 reflective 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)

This course assumes an understanding of environmental law principles. The course does not assume specific town planning or environmental assessment knowledge.

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 with required and recommended reading. Readings will be posted to WATTLE. There will be no brick. A text will be prescribed for the course.

Students must have access to WATTLE, the internet, and email.

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