730-209 Environmental and Planning Law II

Availability

Credit Points

Pre/corequisites

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

Contact

Subject Description

A course in environmental and planning law with particular focus on the discharge of pollutants into the environment. The course commences with legal dimensions of the widespread international concern about global pollution problems, ranging from ozone depleting substances to marine oil pollution. Civil law actions in nuisance and negligence are examined. A detailed study is made of legal principles in the Environmental Impact Assessment of proposed developments - when it is required and what quality must be achieved. The legal structure and responsibilities of the Environment Protection Authority are examined with its role in waste discharge licensing. Appeals to the Administrative Appeals Tribunal against Works Approvals issued for new sources, and judicial review, are also covered. This subject may be studied alone as an introduction to the field of environmental and planning law or in conjunction with 730-208 Environmental and Planning Law 1.

Assessment

Research Assignment 5000 words (80%), Final Exam (20%), and group class presentation for pass/fail result.

Prescribed Texts

• G M Bates, 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.
• Act, Environment Effects Act. 1978 (Vic).
• Act, Environment Protection Act. 1970 (Vic).
• Act, Environment Protection (Impact of Proposals) Act. 1974 (Cth).
• Act, Planning Appeals Act. 1980 (Vic).