Iscuss, considering, if you choose, not just the decisions of the Land and Environment Court.

Essay Topics is A pressing challenge facing the Court now is to engage with and to explicate emerging international concepts and principles. In matters concerning the environment, the slogan a?Think globally, act locallya? is apt. There is an obvious interdependence between local and global processes. The best illustration of an international concept that has taken root locally is that of Ecologically Sustainable Development (ESD). The ESD principles are hortatory but lack precision. The challenge is to articulate mechanisms for translating these laudable principles into specific actions. The Court has a role to play in this task. The Court has begun the task in a few cases, referred to by the Attorney General, but more work still needs to be done. In doing so, the Court can instil a sense of realism and strike a balance
between extremes. The Court needs to propose workable solutions.(Abstracted from Brian Preston, Swearing-In as Chief Judge of the Land and Environment Court of New South Wales, 14 May 2005, Speech_14Nov05_PrestonCJ_swearing_in.pdf/$file/Speech_14Nov05_PrestonCJ_swearing_in.pdf)
Discuss, considering, if you choose, not just the decisions of the Land and Environment Court.

This essay is to be up to 3000 words.

Word length
The number of words includes all headings, text, and footnotes and should be calculated using Microsoft Wordas word count function.

Criteria for Assessment:
a) Understanding of the Issues
a? addresses the question and covers all the important points
a? evidence of consideration of the question and the research materials drawn on
a? issues raised by the topic are clearly and concisely identified
a? material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b) Communication & Development of Argument
a? clear theme or argument
a? arguments logical and well-organised
a? ideas/paragraphs linked coherently

c) Argument/Analysis
a? originality of ideas and analysis of the material
a? suggestions for change where appropriate
a? consideration of opposing arguments
a? well-reasoned conclusions

d) Research
a? research covering core primary and secondary materials
a? good organisation of sources and ability to synthesise all the research materials used
a? use of theoretical material where appropriate

e) Presentation, style and referencing
a? good use of structure, section headings and paragraphs
a? clarity and conciseness of expression, interesting and engaging of reader
a? use of appropriate terminology and correct grammar, syntax and spelling
a? full and accurate footnotes
a? adherence to word limit

Submission of essay:
You should use a standard form of citation (for example, the Australian Guide to Legal Citation displaybldg.asp?no6a
Welcome to the course in Fundamentals of Environmental Law. This outline gives an overview of the course
structure and content, provides details of how to obtain materials before the class, the preliminary reading
for the first classes, and details of how to access the website for up to date information.

Course Objectives
This course is designed to introduce students who have no legal qualifications to environmental law, providing a foundation for other subjects in the Graduate Program in Environmental Law and Policy. In doing so, the course not only provides students with an understanding of general legal principles, methods and institutions but also provides them with a framework for understanding and analysing environmental law, taking a thematic approach rather than examining the law of one jurisdiction.

More specifically this course:
explores the nature and origins of environmental law
introduces students to key areas of the general legal system which are vital to an understanding of environmental law including constitutional law, administrative law, property law, tort law and criminal law
examines the constitutional division of power between the Commonwealth and the States and the extent to which successive federal governments have been willing to exercise their constitutional power
considers the different forms of environmental legislation
analyses key legislation, especially the Commonwealths Environment Protection and Biodiversity Conservation Act
investigates the role of the common law, the courts and tribunals
examines resource regimes and the importance of property rights
considers the possibilities of using land tenure, especially leasehold, as a means of instituting environmental controls
fosters the ability of students to analyse contemporary regulatory debates
provides a practical and theoretical appreciation of enforcement and compliance issues examines the provision for public participation in environmental decision-making considers the cultural, political and economic contexts of environmental legal issues and the ways in
which environmental law has changed over the past 40 years
assists students to develop their legal research and analytical skills.

Further Preliminary Reading

Students will benefit from reading an introductory text about the law such as Cook, Catriona, Creyke, Robin, Geddes, Robert & Hamer, David, Laying Down the Law, Sydney, Butterworths, 2008, 7th ed
They will also find it very useful to read if not buy Bates, Gerry, Environmental Law in Australia, Sydney,
Butterworths, 2010, 7th ed

The following books and materials are also key sources:
General Texts
Bonyhady, T, Places Worth Keeping: Conservationists, Politics and Law, Sydney, Allen & Unwin, 1993

Farrier, D and Stein, P (eds), The Environmental Law Handbook, Sydney, Redfern Legal Centre, 2006, 4th ed

Fisher, D E, Australian Environmental Law, Sydney, Law Book Company, 2010, 2nd ed

Godden, Lee & Peel, Jacqueline, Environmental Law: Scientific, Policy and Regulatory Dimensions, Melbourne, Oxford University Press, 2009

Gunningham, Neil & Grabovsky, P, Smart Regulation: Designing Environmental Policy, Oxford, Oxford
University Press, 1998

Lipman, Z & Bates, G, Pollution Law in Australia, Sydney, Butterworths, 2002

Ramsay, R & Rowe, G, Environmental Law and Policy in Australia, Sydney, Butterworths, 1995


Environmental and Planning Law Journal
Australasian Journal of Natural Resources Law and Policy