Unit rationale, description and aim

This unit introduces students to the international and Australian framework of environmental law. Students examine how key international instruments, including the Rio Declaration and the Paris Agreement on Climate Change, influence legislation, regulation and policy in Australia. The unit explores major environmental law issues such as planning, environmental impact assessment, pollution control, biodiversity conservation, climate change, water management, and Aboriginal and Torres Strait Islander perspectives on environmental stewardship.

Students develop an understanding of the fundamental principles that underpin environmental law and policy, including Ecologically Sustainable Development (ESD), intergenerational equity, the polluter pays principle, prevention, and precaution. They consider how these principles guide decision-making and shape responses to environmental challenges while balancing environmental protection and economic development.

The unit also examines the roles of governments, regulators, courts and other stakeholders in implementing and enforcing environmental law across Commonwealth, State, Territory and local government jurisdictions. Students gain practical insight into the increasing harmonisation of environmental regulatory frameworks and the interaction between domestic and international legal obligations.

Through the study of current and emerging environmental issues, students develop critical thinking, legal analysis and problem-solving skills. They learn to evaluate the effectiveness of environmental laws and policies and to construct reasoned arguments regarding contemporary environmental challenges and reform initiatives.

2027 10

Campus offering

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  • Term Mode
  • Professional Term 5Online Scheduled

Prerequisites

LAWS104 Foundations of Law and Legal Research ; LAWS107 Introduction to Australian Public Law

Incompatible

Nil

Learning outcomes

To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.

Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.

Explore the graduate capabilities.

Explain the principles of domestic and internation...

Learning Outcome 01

Explain the principles of domestic and international environmental law
Relevant Graduate Capabilities: GC1, GC3, GC5, GC6, GC7

Locate the sources of International, Federal, Stat...

Learning Outcome 02

Locate the sources of International, Federal, State and Territory, and Local Council Law and case law related to the environment and apply the law to different fact scenarios
Relevant Graduate Capabilities: GC2, GC3, GC5, GC6

Critique environmental law in light of the fundame...

Learning Outcome 03

Critique environmental law in light of the fundamental principles contained in international instruments.
Relevant Graduate Capabilities: GC2, GC3, GC5, GC6, GC7, GC9

Develop and communicate reasoned opinions about th...

Learning Outcome 04

Develop and communicate reasoned opinions about the meaning and effect of environmental law.
Relevant Graduate Capabilities: GC1, GC3, GC5, GC6, GC8, GC11

Content

Topics in this unit include:

  • Introduction to environmental law
  • Sources of international and Australian environmental law
  • Key concepts and principles of environmental law, including:
  • Ecologically Sustainable Development (ESD)
  • Intergenerational equity
  • The polluter pays principle
  • The prevention principle
  • The precautionary principle
  • International environmental governance, including the Rio Declaration and the Paris Agreement on Climate Change
  • Federal governance and Commonwealth–State relations in environmental regulation
  • Planning and development controls
  • Environmental impact assessment
  • Pollution control and environmental regulation
  • Biodiversity conservation and protection
  • Climate law and climate change governance
  • Natural resources management, with a focus on water law
  • First Nations and environmental management, including Aboriginal and Torres Strait Islander holistic approaches to environmental matters
  • The role of governments, regulators, courts, non-government organisations and industry in environmental protection
  • Harmonisation of environmental regulatory frameworks across Commonwealth, State, Territory and local government jurisdictions
  • Environmental conflict, dispute resolution and the role of the courts
  • Contemporary and emerging environmental challenges
  • The future of environmental law and governance in Australia and internationally

Assessment strategy and rationale

The assessment tasks for this unit are constructively aligned with the LOs, providing a clear pathway from theoretical understanding to practical application.

The first assessment is a summative assessment that involves a research activity designed to further develop students’ skills in locating academic critique of the efficacy and relevance of environmental law principles in the Australian legal context. This task helps students to identify and understand the nature and scope of the legal principles informing environmental legislation (LO1, LO2, LO3, LO4).

Assessment Task 3 is a summative assessment in the form of an exam. This task requires students to demonstrate their proficiency in solving legal problems involving the application of the regulatory principles of environmental law to a given factual situation. (LO1, LO2, LO3, LO4).  

To successfully complete this unit, students need to complete and submit all assessment tasks and achieve an aggregate mark of at least 50/100.

Overview of assessments

Research Essay   This assessment is designed to d...

Research Essay  

This assessment is designed to develop critical and research skills, as well as knowledge in a specialist area of Environmental Law.  

Weighting

50%

Learning Outcomes LO1, LO2, LO3, LO4
Graduate Capabilities GC1, GC2, GC3, GC5, GC6, GC7, GC9, GC11

Final Examination.  The examination will assess y...

Final Examination. 

The examination will assess your knowledge, skills and ability to address problems in Environmental law.  

Weighting

50%

Learning Outcomes LO1, LO2, LO3, LO4
Graduate Capabilities GC1, GC2, GC3, GC5, GC6, GC7, GC8, GC11

Learning and teaching strategy and rationale

Mode: Lectures, tutorials, electronic consultation, library tasks and presentations or Online lectures and activities.  

 

Duration: 3 hours per week over 12 weeks or equivalent.  Students are expected to spend 150 hours in total for this unit. 

 

This level three elective unit allows students to demonstrate knowledge, skills and understanding in a specialist area of law applying knowledge, skills and understanding acquired in Priestley units.  

 

Our strategy is to encourage students to creatively engage with unit content and to apply prior learnings to new legal problems.  

 

The unit is designed to be delivered in intensive, weekly or online. We have taken a multimodal learning approach to provide accessibility and flexibility to our students and a student-focused approach that increases depth of learning and engagement through actively utilising Canvas.

Representative texts and references

Representative texts and references

Environmental Law in Australia, (Lexis-Nexis, 11th edition, 2023)Gerry Bates (ebook)

From Environmental to Ecological Law, (Routledge 2022), Edited By Kirsten Anker et al

Climate change, forests and federalism Australian Experience (Springer 2022) Evgeny Guglyuvatyy.

 

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