Handbook 1996 : Faculty of Law (Volume 3 page 224)
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Optional Law subject.
Availability: Not offered in 1996.
Prerequisite: Torts and the Process of Law; History and Philosophy of Law.
Contact: 2 hours per week
Objectives:
Students completing this course should have: considered the role of law in apportioning entitlements to use natural resources; studied the relationship between Parliament, the Executive and the Courts in apportioning entitlements to use natural resources and controlling their use; studied the process of formulating and implementing policies and laws for the use and control of natural resources; considered the deficiencies in and possible reforms to existing policies and laws for the use and control of natural resources; studied federal and international problems relating to natural resources; considered the role and effectiveness of common law and legislation in promoting sustainable uses of natural resources; considered the applicability of private law doctrines to solve public law problems; practised and enhanced their research skills; practised and enhanced their skills of formulating and making oral presentations of complex materials; practised and enhanced their legal writing skills; learned to read legislation and cases more critically.
Content:
Introduction: aims and organisation of the course; the social and constitutional background to resource use in Australia. Topics from the following: Land: the history of law of land settlement and Crown lands policy; planning for urban land use; fetters on planning discretion - preserving cultural heritage and the built environment; planning for rural land use - soil conservation; the Victorian Salinity Strategy. Water: the Riparian Doctrine and Australian legislation; the Water Bill 1989 (Victoria); the River Murray; drawing a boundary. New approaches to old problems: environmental assessment techniques; Fisheries regimes; the Crown Lands Discussion Draft Bill 1988 (Vic); forestry regulation; the law of the sea; National Parks and World Heritage; Antarctica - to mine or not to mine? Minerals: petroleum - common law and legislative schemes; Mining - common law and legislative developments; the Mineral Resources Bill 1989 (Victoria); regimes for offshore Mineral Development; franchise agreements for major developments. The process of planning: the Executive, the Judiciary, Parliament and People striking for balance. A sustainable future: World Commission on Environment and Development, Our Common Future (The Bruntland Commission) 1987.
Assessment:
Research Assignment 10 000 words (100 per cent).
Prescribed texts:
Law subject : Next:730-413 | Prev:730-388 | Search | Help
Handbook 1996 : Faculty of Law (Volume 3 page 224)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.