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Faculty of Science
ENVI3111/3911
Environmental Law and Ethics
Semester 1 2015
School of Geosciences
and the
Unit for History and Philosophy of Science
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Table of Contents
Introduction .................................................................................................................. 3
Teaching Staff and Contact Details ................................................................................ 4
Ground Rules, eLearning & Resources ......................................................................... 5
Weekly Schedule ........................................................................................................... 6
Study Commitment ....................................................................................................... 8
Tutorials ......................................................................................................................... 9
Readings ......................................................................................................................... 9
Assessment Regime ..................................................................................................... 10
ENVI3911 Advanced ..................................................................................................... 10
Assessment Criteria ..................................................................................................... 11
Late Penalties ............................................................................................................... 11
Learning Outcomes ..................................................................................................... 15
Graduate Attributes ..................................................................................................... 16
Threshold Learning Outcomes ..................................................................................... 18
Learning and Teaching Policies ................................................................................... 20
Useful Contacts & Resources ...................................................................................... 21
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INTRODUCTION
This course is designed to introduce students, with no background in the law, to key
concepts in environmental law and ethics. The aim of this Unit is to enable students
to understand the broad principles of environmental law and ethics and to apply this
understanding to contemporary environmental problems.
This unit of study is co‐taught within the Faculty of Science by the School of
Geosciences and the Unit for History and Philosophy of Science [75:25 respectively].
The School of Geosciences teach topics in environmental law and governance, while
the Unit for History and Philosophy of Science cover topics in environmental ethics.
The environmental law component provides an introduction to environmental
regulation in Australia. Students explore environmental laws through lectures and
tutorials. The curriculum first covers basic legal mechanisms, and then
environmental regulation is explored through themed lectures about major
environmental issues. The role of law, as part of a multidisciplinary approach to
environmental management and governance is canvassed throughout the semester.
The ethics component helps students develop thoughtful and informed positions on
issues in environmental ethics using arguments derived from traditional ethics as
well as environmentally specific theories. Ethical conflicts are often inevitable and
difficult to resolve but using the resources of philosophical ethics and regular
reference to case studies, students can learn to recognize the values and
considerations at stake in such conflicts, acknowledge differing viewpoints and
defend their own well considered positions.
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TEACHING STAFF AND CONTACT DETAILS
Unit Coordinator
Dr Jo Gillespie
Lecturer, School of Geosciences
Room 456, Madsen Building (F09)
(02) 9351 2920
E‐mail: [email protected]
Personnel
Environmental Law Lecturer: Dr Jo Gillespie, [email protected]
Tutor: Ms Rebecca Hamilton, [email protected]
Environmental Ethics Lecturer & Tutor: Ms Gemma Smart,
Please email staff for consultation times.
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GROUND RULES
Any topic that involves highly contested ethical issues inevitably invites discussion
and disagreement. To participate in this class, it is important that all discussions are
conducted in an atmosphere of mutual respect.
This course is designed to help you explore your beliefs and their contexts, make you
aware of alternative points of view, and alert you to the potential dangers of having
too much certainty about your ideas and their frames of reference regarding the
issues being examined.
Discussions can be challenging and respectful, and being alert to maintaining that
balance is essential. Students are reminded of the University’s “Code of Conduct for
Students”, available at
http://sydney.edu.au/policies/showdoc.aspx?recnum=PDOC2011/215&RendNum=0
eLEARNING
An eLearning site will be used to support this course. Announcements, readings,
assessment guidelines and lecture material will be accessible through the eLearning
site. Students are advised to monitor the eLearning site regularly.
RESOURCES
There is no prescribed text for ENVI3111/3911. Rather, students are expected to
read set texts during the semester. All required reading, along with other basic
information relevant to the course, is available either on the eLearning site or
through the University library.
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WEEKLY SCHEDULE
2015 Semester One
Topic Tutorial Assessment
Week 1 Environmental Law
1. Introduction 2. Institutions and Instruments
No tutorial this week
Week 2 Environmental Law Environmental Law in Practice
3 & 4. Moot Court Week
No tutorial this week
Week 3 Environmental Law Environmental Decision Making
5. ECTs 6. Evolution of EL
EL tute NB: Tutorial attendance is recorded. Attendance of 80% is required to pass this Unit.
Week 4 Environmental Law Biodiversity Protection
7. Key Concepts in EL 8. Biodiversity Protection
EL tute
Week 5 Environmental Law International Environmental Law & Wetlands Conservation
9. IEL and the Ramsar Convention
10. Lost in translation? Issues in implementing Ramsar obligations
EL tute
Mid Semester Vacation
Environmental law essay (35%) due Sunday 12 April midnight via eLearning and turn‐it‐in
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Week 6 Environmental Ethics
Introduction and Utilitarianism
EE tute
Week 7 Environmental Ethics
Deontology, Environmental Ethics and the Precautionary Principle
EE tute
Week 8 Environmental Ethics
Flora and Fauna EE tute
Week 9 Environmental Ethics
Climate Change and Ethics
EE tute Environmental ethics essay (25%) due Sunday 10 May midnight via eLearning and turn‐it‐in
Week 10 Environmental Law Protected Areas
11. Protecting Natural and Cultural Heritage: the legal framework 12. Issues in Heritage Protection
EL tute
Week 11 Environmental Law Climate Change: can the law save us?
13. Climate Change litigation 14. The view from elsewhere: the Public Trust Doctrine
EL tute
Week 12 Environmental Law
Reflections on EL Conclusions
EL tute
Week 13
In‐class exam x2 In‐class exam
Tuesday 10 – 11 (20%) Thursday 12 – 1 (20%) Format: short and long answer questions Total = 40%
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STUDY COMMITMENT
LECTURES
Attendance at lectures and tutorials is highly recommended for the successful
completion of this Unit.
Lecture/s time and location
Tuesdays, 10 – 11 am, VSCC Lecture Theatre 208 (Webster)
Thursdays 12 (noon) – 1 pm, Physics Lecture Theatre 1 (Rm 405)
NOTE:
In week 2 you will only be required to attend one lecture; either on Tuesday 10
March 2015 or Thursday 12 March 2015.
Your attendance will be determined on the basis of surname and allocation lists
will be placed on eLearning.
The location of the week 2 lecture/s is in the Faculty of Law Moot Court, New Law
School Moot Court (Rm 114). This lecture will not be recorded.
Most, but not all lectures will be recorded (note week 2 above).
It is important to remember that lectures are literary works subject to the copyright
of the Lecturer. Students have a limited licence to make use of the lectures by taking
notes and making a limited number of copies for their research and study. That
licence does not extend to making multiple copies of your notes, publishing them,
electronically transmitting them or making them available online in any form.
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TUTORIALS
Tutorials complement the lectures. Students are required to attend 80% of the
tutorial classes and attendance records for tutorials are maintained. Students who
fail to meet this requirement may not be eligible to pass this Unit.
Prior to the tutorial, it will be expected that you have read the set readings, and are
ready to contribute to the discussion. Note that turning up to each class is not the
same as participating. Active participation is a necessary part of the class ‐ the
amount and quality of the work you do in class is important to your own learning
and to other students’ learning.
Tutorials time and location
Wednesday
9 – 10, Eastern Avenue Seminar Room 120
10 – 11, Edward Ford Tutorial Room 136
11 – 12, Mechanical Engineering Tutorial Room 4
Friday
9 – 10, Eastern Avenue Seminar Room 120
10 – 11, Carslaw Tutorial Room 354
11 – 12, Carslaw Tutorial Room 354
Readings
This Unit of Study is taught through lectures and readings. You are expected to undertake
independent study every week through reading. Proper preparation (reading) is crucial for
developing the knowledge required in this Unit of Study. We provide reading lists for each
lecture and tutorial topic/s via our eLearning (Blackboard) site.
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ASSESSMENT REGIME
Your summative assessment tasks are as follows:
Course Component
Task Word Limit
Due Date
% of total course mark
Environmental Law
Essay 3,000 Sunday 12 April midnight via turn‐it‐in
35%
Environmental Ethics
Essay 2,000 Sunday 10 May midnight via turn‐it‐in
25%
Environmental Law
In‐class exam n/a Tuesday 2 June 2015
10 – 11 am
In lecture theatre
20%
Environmental Law
In‐class exam n/a Thursday 4 June 2015
Noon – 1 pm
In lecture theatre
20%
Essay topics and referencing guides are available through eLearning.
ADVANCED: ENVI3911 Environmental Law and Ethics
Students enrolled in the Advanced stream (3911) will be required to undertake
alternative assessment tasks for both the Environmental Law (35%) and
Environmental Ethics (25%) essays. These tasks will be available directly from the
lecturer.
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ASSESSMENT CRITERIA
Final grades in this unit are awarded at levels of HD (High Distinction), D (Distinction), CR
(Credit), P (Pass) and F (Fail) as defined by the Academic Board Assessment Policy. These
achievement levels are described below. Details of the policy are available on the
University’s ‘Policy Online’ website at
http://sydney.edu.au/policies/showdoc.aspx?recnum=PDOC2012/266&RendNum=0 .
Grade % range
High Distinction (HD) 85 ‐ 100
Distinction (D) 75 ‐ 84
Credit (C) 65 ‐ 74
Pass (P) 50 ‐ 64
Fail (F) 0 ‐ 49
Students should note that distinctions and high distinctions would normally only be
awarded to students who have performed at a high level in all assessment tasks – in
this context ‘performed at a high level in all assessment tasks’ means that distinction
students will have achieved a credit minimum in all individual items of assessed work
and will have achieved a distinction level of achievement (or better) for the majority
(>75%) of the assessment tasks. High distinction students will have achieved a
distinction minimum in all individual items of assessed work and will have achieved a
high distinction level of achievement (or better) for the majority (>75%) of the
assessment tasks
Unless mitigated by an approved Special Consideration (below), the following
conditions constitute an automatic failure for the course:
failure to maintain a satisfactory attendance record in tutorials (80%);
failure to submit essays or reports without satisfactory explanation.
LATE PENALTY: A penalty of 5% per day (or part thereof) will be deducted for late
assessment tasks unless special consideration applies.
No “Simple Extensions” are available in this Unit of Study.
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Assessment Tasks and Learning Outcomes
The assessment tasks are designed to ensure that you have covered and understood
the materials and concepts necessary to meet the UoS learning outcomes.
Essays (long and short) and exams are designed to demonstrate your understanding
of the course and meet the learning outcomes as they relate to principles, sources
and critique of environmental law and ethics through the communication medium of
writing.
The assessment criterion for written work is outlined below. Please note that this
information provides guidance of the criteria used for each grade. In respect of
particular pieces of assessment, appropriate variations may be made, but the overall
quality required to receive each grade, as reflected in these guidelines, will
essentially be the same.
Assessment Criteria for Written Work (essays and exams)
Fail (Below 50%)
Work may fail for any or all of the following criteria:
No answer or response is provided
It does not address or otherwise answer the question
It contains numerous minor errors or presents a significant misconception
It presents irrelevant material
No evidence of research or analysis demonstrated
It presents a significantly inaccurate or flawed argument
The answer is incomprehensible or difficult to understand due to significant
problems with grammar, expression or structure.
Pass (Between 50% and 64%)
Work awarded a passing grade will usually achieve the following minimum standards
or present the described characteristics:
An appropriate but superficial answer or response is provided
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It presents relevant material in a superficial manner or in a simplistic
descriptive style
It correctly identifies key point or points (facts) but does not develop an
appropriate explanation or argument if this is required
It contains some minor errors or presents minor inaccuracies and
misconceptions
Little or no evidence of in‐depth analysis or deep understanding of the
concept is presented
Answers can be understood but may be poorly worded or somewhat flawed
due to poor grammar, expression or structure.
Credit (Between 65% and 74%)
Work awarded a credit grade will usually achieve the following minimum standards
or present the described characteristics:
An appropriate, accurate and reasonable detailed answer or response is
provided
Appropriate key point or points (facts) and/or concepts clearly presented
without significant errors or misconceptions
It presents relevant material concisely with facts clearly integrated into the
explanation
Accurate quotation and/or source identification when appropriate
It displays evidence of independent research or critical analysis of concept or
problem
The answer is easily understood with both clear expression and structure if
appropriate.
Distinction (Between 75% and 84%)
Work awarded a distinction grade will usually achieve the following minimum
standards or present the described characteristics:
It accurately answers the question in a convincing, confident manner
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It presents relevant material accurately in a concise manner or with the facts
well‐integrated into a comprehensive explanation or argument
Accurate quotation and/or source identification is provided when
appropriate
Evidence of extensive independent research is demonstrated
Evidence of extensive critical analysis of concept, and/or innovative
perspective on the topic, and/or deep understanding of problem is
demonstrated
Answers are well written, with clear structure and cogent expression
High Distinction (Above 85%)
Work awarded a distinction grade will usually achieve the following minimum
standards or present the described characteristics:
It accurately answers the question in an impressive, compelling, or highly
persuasive manner
It presents relevant material accurately in a thoroughly convincing or forceful
manner or with the facts well‐integrated into an extended and
comprehensive explanation or argument
Accurate quotation and/or source identification is provided when
appropriate
Evidence of exhaustive independent research is demonstrated
Evidence of extensive critical analysis of concept, and/or innovative
perspective on the topic, and/or deep understanding of problem is
demonstrated
Answers demonstrate striking originality, an innovative approach, or
impressive analytical skill
Answers are exceptionally well written, with excellent structure expression
It is otherwise exceptional in some way
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LEARNING OUTCOMES
By the end of this ENVI3111 Environmental Law and Ethics, students should be able
to:
I. understand the interplay between policy and science and values in
environmental law;
II. understand the key principles of and actors, legal mechanisms and
structures within environmental law and scholarship;
III. appreciate the origins and sources of environmental laws, and understand
how and by whom environmental laws are made and interpreted;
IV. identify ways in which environmental law is part of an holistic effort to
minimise degradation and maximise protection of the environment;
V. think critically about legal material and present this thinking in an analytical
manner;
VI. recognise and describe various traditional ethical theories;
VII. apply these theories to ethical issues arising in environmental science;
VIII. develop well‐defended arguments (both written and verbal) in favour of
particular positions in current debates in environmental science, rather than
merely relying on intuitions or emotional reactions;
IX. evaluate the relative merits of competing ethical arguments, whilst
appreciating that ethical conflicts are often inevitable and difficult to resolve;
and
X. reflect on and critically interrogate how values influence your interactions
with environmental science and your personal responsibilities as a future
scientist, citizen or consumer of science.
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Graduate Attributes
The Bachelor of Science Graduate Attributes are outlined below:
A1 Apply scientific knowledge and critical thinking to identify, define and
analyse problems, create solutions, evaluate opinions, innovate and improve
current practices
A2 Gather, evaluate and deploy information relevant to a scientific problem.
A3 Design and conduct investigations, or the equivalent, and analyse and
interpret the resulting data
A4 Critically examine the truth and validity in scientific argument and discourse,
and evaluate the relative importance of ideas
A5 Disseminate new knowledge and engage in debate around scientific issues
A6 Value the importance of continual growth in knowledge and skills, and
recognise the rapid, and sometimes major, changes in scientific knowledge
and technology
B1 Use a range of searching tools (such as catalogues and databases) effectively
and efficiently to find information
B2 Access a range of information sources in the science disciplines, for example
books, reports, research articles, patents and company standards
B3 Critically evaluate the reliability and relevance of information in a scientific
context.
B4 Consider the economic, legal, social, ethical and cultural issues in the
gathering and use of information
B5 Use information technology to gather, process, and disseminate scientific
information
C1 Explain and present ideas to different groups of people in plain English
C2 Write and speak effectively in a range of contexts and for a variety of
different audiences and purposes.
C3 Use symbolic and non‐verbal communication, such as pictures, icons and
symbols as well as body language and facial expressions, effectively
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C4 Present and interpret data or other scientific information using graphs,
tables, figures and symbols
C5 Work as a member of a team, and take individual responsibility within the
group for developing and achieving group goals
C6 Take a leadership role in successfully influencing the activities of a group
towards a common goal
C7 Actively seek, identify, and collaborate with others in a professional and
social context
D1 Demonstrate an understanding of the significance and scope of ethical
principles, both as a professional scientist and in the broader social context,
and a commitment to apply these principles when making decisions
D2 Appreciate the importance of sustainability and the impact of science within
the broader economic, environmental and socio‐cultural context.
D3 Demonstrate empathy with, and sensitivity towards, another's situation,
feelings and motivation
E1 Evaluate personal performance and development, recognise gaps in
knowledge and acquire new knowledge independently
E2 Demonstrate flexibility in adapting to new situations and dealing with
uncertainty
E3 Reflect on personal experiences, and consider their effect on personal
actions and professional practice
E4 Set achievable and realistic goals and monitor and evaluate progress
towards these goals
E5 Demonstrate openness and curiosity when applying scientific understanding
in a wider context
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Threshold Learning Outcomes (TLO)
The TLOs define student achievement for a pass level graduate of bachelor degrees
in science (including, but not restricted to, the BSc). There are set by the Australian
Learning and Teaching Council and apply across the higher education sector.
TLOs are the set of knowledge, skills and competencies that a person has acquired
and is able to demonstrate after the completion of a bachelor degree program. The
TLOs are not equally weighted across the degree program and the numbering does
not imply a hierarchical order of importance.
TLOs Learning
Outcomes
1 Understanding Science
1.1 Articulating the methods of science and
explaining why current scientific knowledge is
both contestable and testable by further inquiry
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1.2 Explaining the role and relevance of science to
society
VIII
2 Scientific Knowledge
2.1 Demonstrating well‐developed knowledge in at
least one disciplinary area
II, III, IV, IX
2.2 Demonstrating knowledge in at least one other
disciplinary area
II, III, IV, IX
3 Inquiry and problem solving
3.1 Gathering, synthesizing and critically evaluating
information from a range of sources
V, VIII
3.2 Designing and planning an investigation V, VIII
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3.3 Selecting and applying practical and/or
theoretical techniques or tools in order to
conduct an investigation
II, XI
3.4 Collecting, accurately recording, interpreting
and drawing conclusions from scientific data
II, XI
4 Communication
4.1 Communicating scientific results, information,
or arguments, to a range of audiences, for a
range of purposes, and using a variety of modes
V, VIII
5 Personal and Professional Responsibility
5.1 Being independent and self directed learners All
5.2 Working effectively, responsibly and safely in an
individual or team context
All
5.3 Demonstrating knowledge of the regulatory
frameworks relevant to their disciplinary area
and personally practicing ethical conduct
All
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LEARNING AND TEACHING POLICIES
Plagiarism and Academic Honesty
Plagiarism means the dishonest use of another’s material. It is serious misconduct to
plagiarise. The University’s rules on plagiarism are outlined in the Academic Board
Policy on Dishonesty and Plagiarism, available through the University’s online policy
portal at http://fmweb01.ucc.usyd.edu.au/pol.
To avoid plagiarising, you should directly quote the source of material, or paraphrase
it in your own words.
The rules make a distinction between negligent plagiarism (defined as: innocently,
recklessly or carelessly presenting another person’s work as one’s own without
acknowledgement of the source) and dishonest plagiarism (defined as: knowingly
presenting another person’s work as one’s own without acknowledgement of the
source).
In cases of negligent plagiarism, it is usually the case that students will be required to
resubmit their work. In cases of dishonest plagiarism, the School of Geosciences
reserves the right to impose the full degree of sanctions on students, which includes
automatic failure for the unit of study.
When submitting work for assessment ENVI3111/3911, you will be required to
submit a cover sheet that includes a signed declaration of the originality of your
work. Relevant documents will be available through the eLearning site and MUST
accompany all submitted materials. These documents aim to focus your attention on
the issue of plagiarism. If you any questions about plagiarism ask your tutor or the
lecturer. All essays are required to be submitted through turn‐it‐in processes.
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USEFUL CONTACTS AND RESOURCES
Counselling, illness and misadventure
The University of Sydney Counselling Service (phone 8627 8433)
(www.usyd.edu.au/stuserv/counselling/index.shtml) provides free and confidential
support to students. Male and female registered psychologists are available who can
provide counselling on a range of issues relating to life and study, including time
management, motivation, stress, communicating with lecturers, depression, self
esteem, family issues, relationship difficulties, grief and bereavement, anxiety,
traumatic experiences, social fears, sexuality concerns, eating disorders and
problems with drugs and alcohol. The counselling service also holds regular
Workshops on topics such as ‘Getting Organised’, ‘Managing Mood’, ‘Relaxation and
Meditation’ and ‘Assertive Communication Skills’. See:
http://www.usyd.edu.au/stuserv/counselling/work.shtml
Special consideration
Students are entitled to claim ‘Special Consideration’ if genuine illness or
misadventure impacts upon their academic performance (such as an inability to
hand in material on time, or if you miss two or more tutorial classes). All applications
for Special Consideration in ENVI3111/3911 must be processed officially through
both the Faculty of Science (regardless of the student’s particular faculty) and the
School of Geosciences. The Faculty of Science official guidelines can be found at the
Faculty website:
http://www.science.usyd.edu.au/cstudent/ug/forms/special_cons.shtml,
Applications must be lodged within five (5) working days of the assessment task
for which consideration is sought.
Process to follow:
Students obtain a Special Consideration Pack from the Faculty of Science website.
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This pack includes all instructions needed to fill out the documentation correctly,
http://sydney.edu.au/science/cstudent/ug/forms.shtml#special_consideration
Learning Centre
The Learning Centre (http://sydney.edu.au/stuserv/learning_centre/index.shtml )
offers a wide range of courses intended to develop the generic skills required for
success at University, and was established to assist students achieve their academic
potential. They also offer workshops for undergraduate students from non‐English
speaking backgrounds.
Any questions, don’t hesitate to ask!