730-208 Environmental and Planning Law I

Credit Points

Coordinator

Pre/corequisites

Torts and the Process of Law; History and Philosophy of Law; Constitutional and Administrative Law; Contracts; Property.

Semester

Contact

Subject Description

A course in environmental and planning law with particular focus on planning future land use and the conservation of nature and heritage. Inadequacy of the common law approach to planning issues is examined beside the history and operation of land use planning legislation, culminating in the Planning and Environment Act 1987 (Vic), and appeals to the Administrative Appeals Tribunal. Legal avenues for the preservation of cultural objects, such as buildings with high heritage value, are examined. Attention is paid to the protection of Aboriginal cultural objects and other planning issues particularly affecting indigenous Australians. Legal issues in nature conservation and the preservation of biodiversity are also studied. An analysis is attempted of the adequacy of Australian approaches to these issues beside international obligations. This subject may be studied alone as an introduction to the field of environmental and planning law or in conjunction with 730-209 Environmental & Planning Law 2.

Assessment

5000 word Research Essay worth 80%, test worth 20% and a 15 minute class presentation for a pass/fail result. Research essays may be based on practical work at the Environment Defenders' Office (Victoria).

Prescribed Texts

• Bates G M, Environmental Law in Australia. 4th ed, Butterworths, Sydney, 1995.
  or
  R Ramsay & G C Rowe, Environmental Law and Policy in Australia - Text and Materials. Butterworths, 1995.
• D Eccles & T Bryant, Statutory Planning in Victoria. Butterworths, Melbourne, 1991.
• Act, Planning and Environment Act. 1987, (Vic).
• Act, Planning Appeals Act. 1980, (Vic).