This course provides an introduction to the science of site contamination and the role of risk assessment in this context; the role of national policy and guidelines (ANZECC 1992 and 1999, and Assessment NEPM 1999, plus the current review thereof); role of the Commonwealth; examination of State legislation from a functional perspective (identification and Registers; investigation, assessment and remediation procedures; monitoring and reporting requirement); the role and responsibilities of environmental auditors; the application of land-use planning measures in the course of development control; the need for institutional controls to ensure long term stewardship; the finality of remediation efforts and capacity to transfer residual liability, civil liability for harm caused by contamination. conveyancing aspects (duty to disclose, Trade Practices Act). A brief comparison with approaches in overseas jurisdictions will also be provided - US Superfund, British and Canadian approaches, particularly with respect to brownfields schemes and the encouragement of voluntary cleanups.

On satisfying the requirements for this course, students will have the knowledge and skills to:

• understand the scientific and technical elements of contaminated site assessment and remediation, including site-based risk assessment
• analyse the legal and policy framework within which contaminated site assessment and remediation is undertaken in Australia
• critique the legal and policy approaches to the cleanup of contaminated sites through a comparative analysis of jurisdictions within and outside Australia; and
• evaluate the effectiveness of current Australian approaches to contaminated site cleanup.

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