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. There will be 3 hours of formal teaching activities each week for 12 weeks. 

The weekly 3 hours will comprise 2 hours of 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 national, state and local level;

2. Demonstrate knowledge of key principles of 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 and national);

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

6. Demonstrate basic proficiency in use of the online Planning and Design Code.

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); and the Native Vegetation Act 1991 (SA). Students will need access to the online Planning and Design Code.

Further resources will be made available on the MyUni website.

There is no prescribed textbook for this course. A key reference that you may find useful is Gerry Bates, Environmental Law in Australia (11th ed, Lexis Nexis, 2023).

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

- Environmental & Planning Law Journal (EPLJ)

- Local Government Law Journal (LGLJ)

- The Australasian Journal of Natural Resources Law & Policy

A  publication in South Australia in the area of planning law is Planning Law SA, which is on online 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 Planning, Development and Infrastructure Act 2016 (SA) and the Regulations under that Act. It can be accessed through the University library.  https://www-presidian-com-au.eu1.proxy.openathens.net/plsa/

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 through 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 component of the weekly 3-hours of formal teaching activities will be recorded. The seminars will not be recorded.


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

- Commonwealth legislation at the Federal Register of Legislation: https://www.legislation.gov.au/
- SA legislation: https://www.legislation.sa.gov.au/legislation

The Planning and Design Code can be accessed at: https://code.plan.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: https://www.courts.sa.gov.au/case-lists/environment-resources-developmentcourt/
- Most decisions from 1997 are on Austlii: http://www.austlii.edu.au/au/cases/sa/SAERDC/


Further information can be found on government/regulator websites:

- EPBC Act: Commonwealth Dept of Climate Change, Energy, the Environment and Water (DCCEEW), https://www.dcceew.gov.au/
- Planning, Development and Infrastructure Act: PlanSA, https://plan.sa.gov.au/
- Environment Protection Act: Environment Protection Authority, https://www.epa.sa.gov.au/
- Native Vegetation Act: Dept for Environment and Water (DEW), https://www.environment.sa.gov.au/topics/native-vegetation

The reading materials for the seminar classes in this course have been selected carefully for their relevance. 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 lecture, which will be recorded and made available online; and (b) one hour of face-to-face or online 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 (subject to change)

Week 1	Lecture: Introduction No seminar
Week 2	Lecture: Climate Change Law Seminar: Introduction
Week 3	Lecture: Environmental Law: National Perspectives - Common Law & Constitutional Law Seminar: Environmental Philosophy and Knowledge
Week 4	Lecture: Planning Law Part 1 Seminar: Environmental Law: National Perspectives - Common Law & Constitutional Law
Week 5	Lecture: Planning Law Part 2: Planning, Development and Infrastructure Act 2016 (SA)) and online Planning & Design Code Seminar: Planning Law Part 1
Week 6	No lecture Seminar: Planning Law Part 2
Week 7	Lecture: Regulation of Activities of Environmental Significance: State level (Environment Protection Act 1993 (SA)) Seminar: Planning Law Part 3
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:  Protection of Biological Diversity (including Native Vegetation Act 1991 (SA)) Seminar: Commonwealth Environmental Assessment and Approval (EPBC Act 1999 (Cth))
Week 10	Lecture: Dispute Resolution and Environmental Litigation Seminar: Protection of Biological Diversity (Native Vegetation Act 1991 (SA))
Week 11	Lecture: Recent developments Seminar: Dispute Resolution and Environmental Litigation
Week 12	Lecture: Revision Seminar: Consultations

Assessment Task	Due	Weighting	Redeemable (Yes/No)	Task Type	Length	Learning Outcome
Online Quiz	9am Friday of Week 4 to 5pm Tuesday of Week 6	10%	No	Individual	1 hour	1-5
Interim Assignment	2pm Wednesday in the first week of the mid-semester break	30%	No	Individual	Max. 1,500 words	1-6
Final Assignment	5pm Thursday in swot week	60%	No	Individual	Max. 3,000 words	1-5

Assessment for this subject will be made up of:

(1)  An online quiz worth 10% will be available from 9am Friday in Week 4 to 5pm Tuesday in Week 6, and will assess content from Weeks 1-4 (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 1,500 word interim assignment, worth 30%, will be due at 2pm on the Wednesday of the first week of the mid-semester break. This will assess content from Weeks 5-7 of the course (planning law). The assignment will consist of one or more problem-based questions.

(3) A 3,000 word final assignment, worth 60%, will be due Thursday of swot week. The assignment will assess content from Weeks 7-12. 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.

All assessments will be submitted and monitored through text or code comparative software (e.g. Turnitin) where possible.

Presentation of assignments
1. Students must retain a copy of all assignments submitted.
2. Both assignments must be submitted electronically through the Turnitin portal. 

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;
• doublemarking 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.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

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 Facebook page, website 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 Student Life Counselling Support 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.