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The course coordinator is Paul Leadbeter who will be responsible for conducting all the seminars in this course.

Any queries about the course should be directed to Paul Leadbeter whose contact details are as follows: paul.leadbeter@adelaide.edu.au
Phone: 8313 4441
Room 227, Ligertwood Building
Further information about Paul Leadbeter can be found at:http://www.adelaide.edu.au/directory/paul.leadbeter
 

The full timetable of all activities for this course can be accessed from the Course Planner at https://access.adelaide.edu.au/courses/search.asp

Weekly seminar classes will be held during the semester on Thursdays from 5-7pm in Ligertwood Building Room 110, the Dean’s Meeting Room commencing on Thursday 31 July 2014. A list of the topics to be covered in the course and the week in which it is proposed to cover them is set out below. Any changes to that order of presentation will be notified to students prior to the commencement of the course. It may be necessary to make some changes depending on the number of students who enrol in the course in order to accommodate all students in the student presentation component. Again this is dependent on the number of enrolments.



The full timetable of all activities for this course can be accessed from the Course Planner https://access.adelaide.edu.au/courses/search.asp at Seminar Topic

	Seminar Topic
Week 1 31/7/2014	Introduction-the nature of water resources, water management at an international level, historical background to Australian water resources policy
Week 2 7/8/2014	Common law rights in relation to surface and groundwater & the nature of statutory modifications to those common law rights
Week 3 14/8/2014	Nature of Statutory Regimes for Regulating water allocation and use
Week 4 21/8/2014	National water reforms-implementation of National water initiative
Week 5 28/8/2014	Federal/State Arrangements for water management-Water Act 2007
Week 6 4/9/2014	SA Water law and policy-especially Natural resource Management Act,2004, River Murray act, 2003, Water Industry Bill, Water for Good Initiative
Week 7 11/9/2014	Water Trading Systems
Week 8 18/9/2014	Catchment Management systems and Environmental Flow Concepts
	Mid Semester break-22/9/2014 - 3/10/2014
Week 9 9/10/2014	Student Seminar Presentations
Week 10 16 /10/2014	Water and urban Issues-Stormwater and Water Sensitive Urban Design
Week 11 23/10/2014	Water Quality and Water Scarcity
Week 12 30/10/2014	Student Seminar Presentations

· To understand legal citation conventions in the course of legal writing

· To be able to apply those principles to problem-solving exercises;

· To develop the capacity to analyse, evaluate and synthesise information from a wide variety of sources and experiences;

· To have an awareness of the incompleteness of law and the continuous state of development of legal principles; and

· To develop development of critical thinking and problem solving skills.

· To apply good inter-personal and communication skills in both written and oral communication and independently and as a member of a team.

· To further enhance written and oral skills in the explanation of, analysis and synthesis of legal principle;

· To develop an ability to critically analyse and apply legislation, rules and cases in context.

· To develop the capacity to identify factual and legal issues.

· To apply excellent research skills.

A good textbook for much of the material dealt with in the course is:

Alex Gardner, Richard Bartlett and Janice Gray, ‘Water Resources Law’(Lexis Nexis Butterworths, 2009)

Students will also need regular access to the following statutes:
Water Act, 2007 (Cth.)
Natural Resources Management Act,2004 (SA)
River Murray Act, 2003 (SA)
Water Industry Act,2012 (SA)

Other useful resources include the following:

Michael Cathcart, ‘The Water Dreamers-The Remarkable History of our Dry Continent’, The Text Publishing Company, 2009

Douglas E Fisher ‘Water Law’ LBC Information Services 2000

Douglas E Fisher (2009) The Law and Governance of Water Resources : The Challenge of Sustainability. New Horizons in Environmental and Energy Law series. IWA Publishing, Edward Elgar & IWA Publishing

Douglas E Fisher (2006) Implementing The National Water Initiative: A generic set of arrangements for managing interests in water. Queensland University of Technology, Brisbane.

Juliet Lucy, ‘Water Regulation-The Laws of Australia’, Thomson Reuters,2009

David Ingle Smith, ‘Water in Australia-Resources and Management’, Oxford University Press,1998

Marianne Hammerton, ‘Water South Australia-A History of the Engineering and Water Supply Department’ Wakefield Press, 1996

Of general interest in a broader sense-some overseas works:

Vandana Shiva ‘Water Wars-Privatization, Pollution and Profit’, South End Press,Cambridge MA 2002

Robert Glennon, ‘Water Follies-Groundwater Pumping and the Fate of America’s Fresh Waters’ ,Island Press, 2002

Robert Glennon, ‘Unquenchable-America’s Water Crisis and What To Do About it’Island Press, 2009

Maude Barlow, ‘Blue Covenant-The Global Water Crisis and the Coming Battle for the Right to Water’,Black Inc. 2007

Marc Reisner, Cadillac Desert –The American West and its Disappearing Water,Penguin Books1993



Some Key Policy Documents/websites include:

http://www.waterforgood.sa.gov.au/ ( The Water for Good-Department of Water website-SA)

http://www.environment.gov.au/water/index.html ( The Federal Government’s Water for the Future site-includes a lot of information in relation to the Murray-Darling)

http://www.mdba.gov.au/ ( The Murray Darling Basin Authority’s webpage)

Murray Darling Basin plan)

http://www.sawater.com.au/SAWater/ ( Website for SA Water)

MyUni will be used to post announcements, post additional lecture materials (including slides, and where available, audio recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Profile, Lecture and Seminar Guides, and Course Materials.
Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.

This course will be taught in a combination of lectures and seminars. The seminars will comprise discussion focussed around a set of reading materials and questions issued prior to the class. These may be designed to develop certain themes or topics covered in the lectures, or to provide critical discussion of stand-alone topics. The seminar guides contain a general introduction to the law and to the general problems addressed by the law.

The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
Contact time: attend a 2 hour class each week. This amounts to 24 hours of formal class time across the semester.The class will be conducted in a seminar format although there will be times when some material is delivered in a lecture format.
Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments. The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies

Seminar Topic
Week 1 31/7/2014	Introduction-the nature of water resources, water management at an international level, historical background to Australian water resources policy
Week 2 7/8/2014	Common law rights in relation to surface and groundwater & the nature of statutory modifications to those common law rights
Week 14/8/2014	Nature of Statutory Regimes for Regulating water allocation and use
Week 4 21/8/2014	National water reforms-implementation of National water initiative
Week 5 28/8/2014	Federal/State Arrangements for water management-Water Act 2007
Week 6 4/9/2014	SA Water law and policy-especially Natural resource Management Act,2004, River Murray act, 2003, Water Industry Bill, Water for Good Initiative
Week 7 11/9/2014	Water Trading Systems
Week 8 18/9/2014	Catchment Management systems and Environmental Flow Concepts
	Mid Semester break-22/9/2014 - 3/10/2014
Week 9 9/10/2014	Student Seminar Presentations
Week 10 16/10/2014	Water and urban Issues-Stormwater and Water Sensitive Urban Design
Week 11 23/10/2014	Water Quality and Water Scarcity
Week 12 30/10/2014	Student Seminar Presentations

There are no additional requirements for completion of this course other than described elsewhere in this document.

Written assignment (5,500 words)

Worth  70% of final grade

Due:2pm on Friday 21 November 2014

Individual 

Not redeemable
 

Outline of Seminar presentation(1,000 words)

Worth 10% of final grade 

Due: 25 August 2014

Individual 

Not redeemable



Seminar presentation

Worth 20% of final grade 

Due: To be advised

Individual

Not redeemable

There are three (3) components of assessment for this course. Each part of the assessment scheme is compulsory. This means that if any one of the items of assessment is not undertaken/submitted, the marks assigned for that assessment will be irrevocably lost, and the final mark obtainable will be reduced by that amount.

(i) WRITTEN ASSIGNMENT

(70% of the final result)

This aspect of the assessment will provide students with feedback regarding their level of understanding of the course material and their research, written communication and critical thinking skills.

Students must submit a 5500-word essay on a topic to be selected from a list of topics provided by the lecturer in the first few weeks of the course.

The deadline for submission is Friday 21 November 2014 at 2pm.

Please note the requirements and penalties re late submissions and papers which exceed the word limits which are set out under the ‘Submissions’ heading of this course profile.


Assessment Criteria

• level of insight and innovative thought
• depth of analysis and level of critical examination of the issues raised
• clarity of expression
• logical planning and sequence
• evidence of comprehensive research and consideration of the relevant literature
• demonstrated understanding of the comparative law method
• demonstrated understanding of relevant legal materials
• correct application of relevant material
• overall presentation, including correct grammar, spelling and punctuation
• use of resources in formulating the paper including proper acknowledgment and correct referencing

Fail 0 – 49
Does not develop coherent and rational arguments; demonstrates fundamental errors of understanding of key legal principles and concepts; little evidence of research to support arguments; demonstrates limited analytical and evaluative skills

Pass 50 – 64
Demonstrates a basic understanding of the relevant legal material eg legislation, cases and treaties; applies core texts and materials; arguments rational and coherent; adheres to referencing requirements

Credit 65 – 74
Demonstrates a high level of understanding of the relevant legal materials; has a thorough understanding of course materials; arguments are well constructed with appropriate supporting referencing; demonstrates some critical legal thinking and evaluative skills

Distinction 75 – 84
A very high standard of understanding of the relevant legal materials with some original and sophisticated perspectives included; paper demonstrates high level insight; broad ranging research undertaken; evidence of high level of critical thinking; well developed analytical and evaluative skills

High Distinction 85 - 100
Outstanding level of understanding and interpretation demonstrated; arguments are compelling and well supported by relevant authorities; student has undertaken broad ranging research and demonstrated original and sophisticated thinking especially in relation to difficult areas of legal application; highly developed written communication skills demonstrated.

(ii) OUTLINE OFSEMINAR PRESENTATION

(10% of the final result)

Due date 25 August 2014.

Students are required to submit an outline of not more than 1000 words in length which sets out the key matters to be dealt with by them in their class seminar presentation. Seminar topics will be assigned to students by the lecturer in the second week of the semester. The outline must be submitted to the lecturer either on line at
< paul.leadbeter@adelaide.edu.au > or by hard copy in the class to be held on 22 August 2012. This should give the lecturer sufficient time to provide feedback to students on any additions or changes that might be desirable to the final presentation prior to students having to make that presentation.


(iii) SEMINAR PRESENTATION

(20% of the final result)

Presentation date to be agreed at commencement of course


This aspect of the assessment will provide students with feedback regarding their level of understanding of the course material and their oral communication and critical thinking skills.

Each student will be assigned a topic and class date on which he or she will have to give a presentation to the class. ( Depending on the number of students in the class it may be that 2 students will be assigned responsibility for the presentation-at present the 2 dates allocated for seminar presentations are 3 October and 24 October.)The student will be provided with readings for this topic, but is encouraged to conduct some further independent research. The rest of the class will also be provided with the readings, to facilitate group discussion.

The presenter(s) will have to give a presentation on the assigned topic and lead class discussion during the seminar. Depending on the numbers of students who enrol for this course the time allocated for each presentation inclusive of class discussion will be anywhere from 20-40 minutes.
Assessment Criteria

• level of insight and innovative thought
• depth of analysis and level of critical examination of the issues raised
• clarity of expression
• logical planning and sequence
• evidence of comprehensive research and consideration of the relevant literature
• demonstrated understanding of relevant legal materials
• correct application of relevant material
• overall presentation, including clarity of language, structure, appropriate use of visual and other aids

Fail 0 – 49
Does not develop coherent and rational arguments; demonstrates fundamental errors of understanding of key legal principles and concepts; demonstrates limited analytical and evaluative skills

Pass 50 – 64
Demonstrates a basic understanding of the relevant materials; applies core texts and materials; arguments rational and coherent;

Credit 65 – 74
Demonstrates a high level of understanding of the relevant legal materials; has a thorough understanding of course materials and how the presentation fits within the course as a whole; arguments are well constructed; demonstrates some critical legal thinking and evaluative skills

Distinction 75 – 84
A very high standard of understanding of the relevant legal materials with some original and sophisticated perspectives included; presentation demonstrates high level insight; relevant research undertaken; evidence of high level of critical thinking; well developed analytical and evaluative skills

High Distinction 85 - 100
Outstanding level of understanding and interpretation demonstrated; arguments are compelling and well supported by relevant authorities; student has undertaken the relevant research and demonstrated original and sophisticated thinking especially in relation to difficult areas of legal application; highly developed oral communication skills demonstrated.

Students must retain a copy of all assignments submitted.
All assignments in this course are to be submitted in hard copy and electronically through Turnitin. All hardcopy submissions must be accompanied by the Assignment Cover Sheet that accurately states the word length, and contains a signed declaration that the assignment consists of the students own work. A student’s results will be withheld until such time as the student has signed the Assignment Cover Sheet. Markers can refuse to accept assignments which do not have a signed acknowledgement of the University’s policy on plagiarism.
NOTE: For postgraduate courses all assignments are submitted electronically via MyUni, no hard copies are submitted through the assignment slot.
Details for electronic submission through Turnitin will be provided with the assignment instructions.
All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.
Extensions: Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.
NOTE: For postgraduate courses all extensions are submitted directly to the course coordinator.

Penalties:
1. Late Submission: Submission penalties of 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 graded 63% will have 5% deducted if it is one hour late, for a final grade of 58%, 10% if it is 25 hours late, etc.
2. 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 and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.
Turnaround time: The interim assignment for this course will be returned to students within 3 weeks of the submission date. Group feedback, together with written, individual feedback will be provided, from which students can learn from in the final assignment. The final assignment will be returned to students within 4 weeks of the submission date with written individual feedback. Students will be notified by email when assignments are ready for collection from the Law School Front Office.

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

Students can redeem failed or unsatisfactory work by submitting additional work after consultation with and in a format approved by the lecturer. To be entitled to do this the student must have received a minimum grade of 45% for the work they are seeking to redeem.

When undertaking an assessment task, students are to be assessed according to whether they are law or non-law graduates respectively. Where the nature of the task involves the exercise of skills that law graduates can be expected to have practised or refined over a longer period or to a greater degree than their non-law counterparts, an assessor may legitimately expect a higher standard of performance from the law graduates in the course

Additional Resources
The Law Student Writing Centre is a service provided by the Law School and the University CLPD. Senior Law students provide assistance with:
· interpreting assignment questions
· structuring assignments
· citations and AGLC compliance
The Writing Centre is open during the semester and bookings are recommended through the Law School Front Office.

Plagiarism is a serious act of academic misconduct. All students must be familiar with the assessment policies webpagehttp://www.law.adelaide.edu.au/students/assessment/, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.
Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.
Academic honesty 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.