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Course Coordinator: Dr Alex Wawryk
alex.wawryk@adelaide.edu.au
https://researchers.adelaide.edu.au/profile/alex.wawryk

The subject Environmental Law (2511) has a value of 3 units and will be taught as a 3-hour block each week for 12 weeks. 

The weekly 3-hour block will comprise 2 hours of pre-recorded lectures, plus 1 hour of seminar discussion focussed around a set of reading materials and questions issued prior to the class. A final Schedule of Topics will be set out on MyUni.

On successful completion of this course, students will be able to:

1. Identify key environmental issues at the international, national, state and local level;

2. Demonstrate knowledge of key principles of international, national and state law pertaining to protection of the environment;

3. Describe State and Federal powers, responsibilities and institutions in the field of Australian Environmental Law

4. Analyse the relationships between environmental laws across multiple sectors and jurisdictions (local, state, national and international) and the interactions with regulatory and policy frameworks beyond the environmental sector;

5. Apply legislation, regulations and case law to issue advice in relation to environmental problems.

Students will need to be able to access a number of the statutes used during part of the course, and regulations under the Acts, in particular: the Environment Protection and Biodiversity Conservation Act 1999 (Cth); the Planning, Development and Infrastructure Act 2016 (SA); the Environment Protection Act 1993 (SA); the Native Vegetation Act 1991 (SA); the Landscape South Australia Act 2019 (SA); and the Aboriginal Heritage Act 1988 (SA).  

Further resources will be made available on the MyUni website.

Other references you may find useful are:

- Gerry Bates, Environmental Law in Australia (10th ed, Lexis Nexis, 2019).

- DE Fisher, Australian Environmental Law (3rd ed, Thomson Reuters, 2014).

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

- Rothwell, D.R., Kaye, S., Akhtarkhavari, A. and Davis, R. International Law, Cases and Materials with Australian Perspectives (2nd ed, Cambridge University Press, 2004). While not specifically focused on international environmental law there is a dedicated international environmental law section. The implications for Australia contained within the book are relevant to this course. 


The Australian Journals most frequently referred to in this area include:

- Environmental & Planning Law Journal (EPLJ), Thomson Reuters

- Local Government Law Journal (LGLJ), Thomson Reuters

- The Australasian Journal of Natural Resources Law & Policy, University of New South Wales.

A  publication in South Australia in the area of planning law is Planning Law SA, which is a looseleaf service published by Presidian Legal Publications and for whom the consulting editor is an Adelaide barrister, Brian Hayes QC. This publication is basically an annotated version of the Development Act 1993 and the Development Regulations under that Act.

There is also a looseleaf publication Planning Law in Australia, published by Thomson Reuters (General Editor: Glen McLeod, SA State editor: Paul Leadbeter) which contains an analysis of relevant land use planning laws in all states and territories, including South Australia, as well as some material on laws relating to built heritage and environmental authorisation processes.

Environmental cases decided in the State Supreme Courts, the Federal Court and the High Court are reported in the Local Government and Environment Reports of Australia (LGERA). All significant decisions of the SA Environment, Resources and Development Court (ERDC) and the SA Supreme Court (where they deal with environmental issues) can be found on-line either throyough Austlii or the SA Courts website.

All reading lists and connections through to the listed materials and readings will be available on MyUni. Announcements during the semester will also be posted on MyUni and emailed to all students listed in the course. 

The lecture section of the weekly 3-hour block will be recorded. The face-to-face seminars will not be recorded.


The relevant enviromental statutes can be found from the following websites:

- Commonwealth legislation: Comlaw: http://www.comlaw.gov.au/

- SA legislation: www.legislation.sa.gov.au


Decisions of the SA Environment Resources and Development court are also available on-line as follows:

- All decisions after 2003 are on the Court's web site: http://www.courts.sa.gov.au/courts/environment/judgments/content.html

- Most decisions from 1997 are on Austlii: http://www.austlii.edu.au/au/cases/sa/SAERDC/


Further information on the EPBC Act can be found on the federal Environment Department web site: http://www.environment.gov.au/epbc/

The reading materials for the seminar classes in this course have been selected carefully for their relevance. While they may at times appear formidable, every effort has been made to limit their size. The amount of reading will differ between weeks, but averages over the course of the semester to a 3 unit load. It is essential that you read the materials referred to as “essential reading” for each seminar prior to your participation in that seminar.

Environmental law is a large area and this course seeks to provide students with an introduction to a number of the key areas covered under the generic title of “environmental law”.  Each weekly block of teaching activities will include (a) a 2-hour face-to-face lecture, which will be recorded and made available after the class; and (b) one hour of face-to-face seminar discussion. Seminar discussions will not be recorded.

The course requires a weekly commitment of 3 hours, in listening to the lecture (2 hours) and attending the seminar/tutorial class (1 hour). Students will also be expected to have engaged with the materials on MyUni prior to the weekly class. In addition to the time spent attending the seminar, students must prepare for the seminar by doing the allocated reading and preparing answers to the seminar problems. This is necessary to actively and usefully participate in the classes, and to develop the knowledge and skills to successfully undertake the course assessment and to meet the course objectives.

Draft Schedule of Topics

Week 1	Introduction (lecture and seminar)
Week 2	Lecture: The Fundamentals of International Environmental Law  No seminar
Week 3	Lecture: Climate Change Law Seminar: The Fundamentals of International Environmental Law
Week 4	Lecture: Environmental Law: National Perspectives - Common Law & Constitutional Law Seminar: Climate Change Law
Week 5	Lecture: Planning Law Part I Seminar: Environmental Law: National Perspectives - Common Law & Constitutional Law
Week 6	Lecture: Planning Law Part II: Planning, Development and Infrastructure Act 2016 (SA)) Seminar: Planning Law
Week 7	Lecture: Regulation of Activities of Environmental Significance: State level (Environment Protection Act 1993 (SA)) Seminar: Planning Law
Week 8	Lecture: Commonwealth Environmental Assessment and Approval (Environment Protection and Biodiversity Conservation Act 1999 (Cth)) Seminar: Regulation of Activities of Environmental Significance: State level (Environment Protection Act 1993 (SA))
	Mid-Semester Break
Week 9	Lecture:Commonwealth Environmental Assessment and Approval (EPBC Act 1999 (Cth)) Seminar: Water Resources Law (Landscape South Australia Act 2019 (SA))
Week 10	Lecture: Protection of Biological Diversity (including Native Vegetation Act 1991 (SA)) Seminar: Water Resources Law (Landscape South Australia Act 2019 (SA))
Week 11	Lecture: Aboriginal Heritage Protection Seminar: Protection of Biological Diversity (Native Vegetation Act 1991 (SA))
Week 12	No lecture Seminar: Aboriginal Heritage Protection

Assessment Task	Due	Weighting	Redeemable (Yes/No)	Task Type	Length	Learning Outcome
Online Quiz	Open 27-31 August	10%	No	Individual	60-minutes	1-5
Interim Assignment	2pm Friday in the first week of the mid-semester break	45%	No	Individual	Max. 3000 words	1-5
Final Assignment	Released Friday 9am in Week 12, due Thursday 5pm in swot week	45%	No	Individual	Max. 3000 words	1-5

Assessment for this subject will be made up of:

(1) An online quiz worth 10% will be available from 27-31 August and will assess content from Weeks 1-5 (not including planning law). Each student will have 60 minutes to complete the quiz once started. Further detail will be provided on MyUni. It is the responsibility of students to ensure that they are available at this time to take the quiz, and that they have access to a computer and the internet at home or on campus.

(2) A 3,000 word interim assignment, worth 45%, will be due at 2pm on the Friday of the first week of the mid-semester break. This will assess content from Weeks 5-8 of the course (not inlcuding the EPBC Act). The assignment will consist of one or more problem-based questions.

(3) A 3,000 word final assignment, worth 45%, will be released 9am Friday in Week 12, and will be due Thursday of swot week. The assignment will assess content from Weeks 8-12. The assignment will consist of one or more problem-based questions. Extensions will only be granted on medical and compassionate grounds in exceptional circumstances, and must be supported by the relevant documentation.

Presentation of assignments
1. Students must retain a copy of all assignments submitted.
2. Both the essay and assignment must be submitted electronically through the Turnitin portal. Details of the process for electronic submission (through MyUni) will be provided during the early part of the semester.

MyUni
Consistent with Law School policy, the primary communication mechanism for this course will be through placing announcements on MyUni. It is essential that students regularly check the announcements page for information. It is your responsibility to check MyUni regularly to ensure you have the most recent information. Any urgent information (such as unexpected cancellation of classes due to illness) will be sent to you by email as well as placed on MyUni.

Return of Assignments and Feedback
Assignments will be returned to students via the Turnitin portal within 4 weeks of the due date with feedback, which will be able to be retrieved through the Turnitin portal. A marking rubric for the essay assignment (which indicates the matters the examiner will look for in the submitted essays) will be provided to all students in Week 1. Students will be notified by email when assignments can be retrieved from the Turnitin portal.

Late Submission
5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly.

Word Length
Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes, headings and quotations within the text but excluding cover page information and bibliographies.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

• assurance of the qualifications of markers, and their knowledge of the content covered in each course;
• detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
• sharing of example marked assessments at various grade bands across markers;
• reviewing of selected marked assessments from each marker by the course coordinator;
• comparison of the marks and their distribution across markers;
• automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
• the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

Student feedback The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.

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Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our , and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Academic Integrity

All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.