2023 LAW5ENV Environmental Law
2023 LAW5ENV Environmental Law
Assessment Task 3: Research Essay
Instructions
This assessment task is a research essay. A research essay is a piece of persuasive academic writing that:
presents the students own answer to a question (or group of inter-related questions),
presents a reasoned argument in support of that answer, and
uses research, conducted by the student, to inform and support that argument.
Students will have a choice of several essay topics pertaining to Australian environmental law. Students can also propose a topic they are interested in writing on to the subject coordinator.
This assessment task is worth 40% of your overall mark for this subject.
Submission
Assignment answers (in plain text, rich text or Word format) must be submitted by 11:59pm Thursday 8th November 2023 via the Assignment submission link (in the Assignment section of the subject LMS).
Late submission policy
The La Trobe University late submission policy applies. 5% will be deducted for each day or partial day that the assignment is submitted late. An assignment will not be assessed if it is overdue by more than five business days after the original submission date without an approved extension or five business days after an approved extension (including those granted under any Learning Access Plan or Special Consideration application.)
Word limit
Your answers to all parts of the assignment questions should total to a maximum of 2000 words. There is a 10% leeway. However, answers that exceed 2,200 words will incur a penalty of 5% for every 100 words or part thereof in excess of 2,200 words. You must include a word count at the beginning of your assignment answers. Headings, subheadings etc are included in the word count, but reproductions of the questions being answered are not.
Footnotes
You should only use footnotes for referencing. All discussion of the answers to the questions should be incorporated in the text of the answers and not in the footnotes. Provided that no substantive text appears in the footnotes these do not count in the word limit. However, if you put substantive text in the footnotes then that text will be counted in the word limit.
Citations
Your references and citations should follow the rules in the Australian Guide to Legal Citation
4th edition available here: https://drive.google.com/file/d/14fRQZ-
U68Zwe6UQEBXykR5o8Xbo1jTTI/. You should provide a full citation for any case or other material you refer to the first time you cite it. However, you may provide an abbreviated citation for subsequent references to the same source. All quotes must be within double quote marks. (Other methods of identifying quotes are not recognised by Turnitin. Their use will result in your assignment answers being flagged as problematic). The source of quotes must be clearly acknowledged and referenced.
Joint work and academic misconduct
JOINT WORK is prohibited. You are not permitted to do any of the following things, each of which constitutes academic misconduct. You must not:
discuss the assignment questions with any person (other than the subject coordinator see point 9 below);
collaborate with anyone else in preparing answers to the assignment;
view another persons written notes about the assignment or their preliminary or final versions of answers to the assignment;
permit another student to view any written notes you have made about the assignment or your preliminary or final versions of answers to the assignment;
make written notes of what anyone else says to you about the assignment during the assignment period;
permit another student to make written notes of what you say about the assignment during the assignment period;
engage any other person to write the answers on your behalf that is, do not engage any contract cheating facilities; or
use generative-AI tools such as ChatGPT
You should keep copies of your notes and drafts in case the subject coordinator wants to interview you about the process by which you prepared your answers.
PLAGIARISM is the unacknowledged presentation of the words or thoughts of others with the intention of passing them off as your own. It is a breach of University Regulations and will be treated as such. Any student found plagiarising in work submitted for assessment will be reported to University officials.
If you have any questions about plagiarism, raise the matter with the subject coordinator prior to submitting your work.
Law students place at risk their admission to legal practice if allegations or a finding of academic misconduct are made against them.
Please note also that when you submit your assignment answers electronically via the Assignment submission link (linked from the Assessment section of the subject LMS) a Turnitin originality report will be generated which is accessible to, and will be used by, staff.
Students are referred to the university policy on academic misconduct at https://policies.latrobe.edu.au/
7. Questions regarding assignment
If you have any questions about the assessment task please email the subject co-ordinator by email (j.dehm@latrobe.edu.au).
Assessment criteria
What should your research essay do?
There are various particular things that your research essay should try to do in order to present a well-reasoned and well-researched answer to the question. That is, there are various sub-tasks that your essay should perform. In particular, your essay should do the following:
1. Answer the question
Your essay should answer the essay question, or present a position on the issue the essay topic raises, or solve the problem the essay topic presents.
That answer (or position or solution) should be clearly identified and articulated. It should also be a relevant answer, that is, it should constitute an answer to the question actually posed and not some other question.
2. Support the answer with argument
Your essay should present reasons for its answer to the essay question. These reasons constitute the argument, or the evidence, for the answer that your essay presents. The argument presented should seek to explain and justify your essays answer to the question. It should also seek to persuade its audience to agree with that answer. The argument should be coherent, that is, it should be recognisable as an argument in support of your essays answer.
The argument also should be logically persuasive, that is, the argument should present premises that provide appropriate logical support for the conclusion reached. Such logical support may be a matter of deductive certainty (if the premises are true, then the conclusion necessarily follows) or simply a matter of making the conclusion more likely than not to be true.
The premises of the argument, unless they are matters of common knowledge or common sense, will usually need to be well-supported in turn, whether by further supporting arguments or by citation of reliable sources.
3. Demonstrate an appropriate research method
Your essay should demonstrate that you used an appropriate research method or methods to locate sources that are relevant and reliable.
This is usually demonstrated by the range, relevance, and reliability of the sources used in your essay, and by the information about them that your referencing provides. Which research method or methods are appropriate will depend on the topic, but it will usually require a planned and systematic search of relevant legal and academic databases, and following up references within located sources, rather than simply googling.
4. Identify relevant and reliable sources
The sources located should be relevant and reliable.
A source is relevant if it in some way addresses the issue or issues raised by the question that the essay must answer. A relevant source need not be primarily focused on that issue or issues, but there should be something in it that can be used in some way to help the essay answer the question. Even a source that the essay disagrees with and argues against can still be relevant.
A source is reliable if it can be trusted to provide accurate information, well-reasoned arguments, or insightful analyses.
In relation specifically to legal rules, a reliable source needs to be a legally authoritative source, i.e. it needs to be the statute or case in which the relevant legal rule is authoritatively stated.
Usually, a good range and number of sources should be located, though this will very much depend on the topic.
5. Interpret sources and issues
Your essay should interpret or analyse the sources located. In interpreting or analysing a source, your essay should bring out the meaning or significance of the source. That will usually require not only understanding the surface or literal meaning of the source but also understanding its deeper significance, implications or connections. This may also sometimes involve interpreting a source in ways that the sources author may not have envisaged or intended.
Your essay should also interpret or analyse the issues that the essay topic raises. This involves analysing the topics main issue or issues to clarify their various aspects and dimensions. This can involve identifying various sub-issues, preliminary issues, and consequential issues that stem from the main issues. This also helps you to identify the various particular questions that your essay will attempt to answer.
6. Critically evaluate sources
Your essay should usually also critically evaluate the sources that have been interpreted or analysed. This involves assessing the quality of the arguments the source presents, the depth of its insights, or the reliability of the information it contains. Critical evaluation can also involve identifying limits of the sources relevance, problematic implications of the sources position or arguments, or potential new applications of the sources ideas or arguments.
7. Use sources independently
Your essay should make independent use of the located sources in developing and presenting its own answer to the essay question. Your essay should bring together the various interpretations and evaluations of the sources and apply them in a new or at least independent way in formulating and presenting its own argument.
This means that your essay should do more than simply adopt the position or argument of the sources by quoting or citing them with approval. While some selective and limited adoption of others ideas and arguments may be appropriate, your essay should seek to adapt the sources to inform and support its own discussion and argument. An essay that uses a variety of sources will usually be better able to do this. Also, an essay that applies the sources to new contexts or new issues will usually be better able to demonstrate independent thinking. This can involve applying the sources ideas and arguments in ways the sources author did not envisage or intend, and hence opening up a new way of understanding the source.
8. Display a clear structure
Your essay should have a clear structure, that is, it should have distinct parts or sections that each play a distinct role in the development and presentation of your essays discussion and argument.
The structure should also be coherent, that is, the various parts should combine effectively to present an integrated overarching argument. The different roles or functions played by the different parts should work together to present a complete treatment of the issues.
9. Use clear and coherent writing
Your essays written expression should be clear and coherent.
Each word should be correctly spelt. Each sentence should be grammatically correct, properly punctuated, and well-structured. The meaning of each sentence should be clear. The relation between one sentence and the next should be clear. Clearly demarcated and coherent paragraphs should be used.
Your essay should also use a writing style and forms of language that are appropriate to its audience and are likely to help it persuade that audience to accept its stated answer or position.
10. Acknowledge sources appropriately
Your essay should acknowledge all its sources appropriately. This involves providing references for all quotations, paraphrases and any other use made of another sources words, ideas or information.
Referencing should follow the prescribed citation style, such as the Australian Guide to Legal Citation 4th edition.
If you fail to acknowledge sources appropriately, then you run the risk of breaching academic integrity requirements.
11. Comply with other instructions
Your essay should comply with any other instructions given by the subject coordinator above.
How is your research essay assessed?
The marker of your research essay assesses how well your essay performed those various particular sub-tasks, and then assigns a single numerical mark (and corresponding letter grade) that reflects the overall quality of your essay.
The marker will use the marking rubric below to assess each of the particular sub-tasks and reach a final global mark and grade. In the rubric, each sub-task (often referred to as an assessment criterion) is assessed by way of a letter grade (A, B, C, D or N). The rubric states briefly the criteria to be met (the grade descriptors) for each letter grade to apply to each sub-task.
It is important to appreciate that the different aspects of an essay will very often overlap with and influence each other, and so each sub-task is assessed in the context of the whole. Moreover, the final mark reflects a global assessment of the whole essay and is not simply the arithmetical sum of the separate assessments of the different aspects of the essay.
Generic feedback rubric for research essays
Grade
Aspect of work
assessed
A
Your essay B
Your essay C
Your essay D
Your essay N
Your essay
1. Answer to the question (10%) presents, at a professional level, very clear, relevant and insightful answers to the questions raised by the essay topic.
presents mostly clear, relevant and plausible answers to the questions raised by the essay topic, with some minor lapses.
presents identifiable answers to the questions raised by the essay topic, but with some appreciable lapses regarding consistency, clarity or relevance.
attempts to present answers
to the questions raised by the
essay topic, but with significant problems regarding clarity, relevance or plausibility.
either does not attempt to
present answers to the
questions raised by the essay topic, or does so with major problems regarding clarity, relevance or plausibility.
2. Argument (10%) presents, at a professional level, very clear, coherent, logically persuasive and well-supported reasons for its answers.
presents mostly clear, coherent, logically persuasive and wellsupported reasons for its answers, with some minor lapses.
presents identifiable reasons in support of its answers, but with some appreciable lapses regarding, clarity, coherence, logical persuasiveness or evidential support.
attempts to present reasons in support of its answers, but
with some significant problems regarding clarity, coherence, logical persuasiveness or evidential support.
either does not attempt to present reasons in support of its answers, or does so with major problems regarding clarity, coherence, logical persuasiveness or evidential support.
3. Research method (10%) consistently follows appropriate and professional research methods.
mostly follows appropriate research methods, with some minor errors or gaps.
follows some appropriate
research methods, but with some appreciable errors or gaps. follows research methods that may not be academically appropriate or that have significant errors or gaps.
either engages in no research, or follows academically inappropriate research methods, or follows appropriate methods but with major errors or gaps.
4. Quality of sources (10%) very clearly, at a professional level, identifies a wide range of very relevant and reliable sources.
clearly identifies an appropriate range of mostly
relevant and reliable sources,
with some minor lapses.
identifies some relevant and reliable sources, but with some appreciable lapses. identifies few sources, many of which are of low relevance or reliability. identifies very few or no relevant or reliable sources.
5. Interpretation of sources and issues (10%) interprets sources and issues very clearly, accurately and fairly, at a professional level.
mostly interprets sources and issues clearly, accurately and fairly, with some minor lapses.
interprets sources and issues
reasonably clearly,
accurately and fairly, but with some appreciable lapses.
attempts to interpret sources and issues, but with frequent or significant problems regarding clarity, accuracy or fairness. either does not attempt to interpret sources and issues, or does so with major problems with clarity, accuracy or fairness.
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6. Critical evaluation of sources (10%) critically evaluates sources with consistent depth and insight, at a professional level.
mostly evaluates sources with some depth and insight, with some minor lapses.
critically evaluates sources with moderate depth and insight, but with some appreciable lapses.
attempts to critically evaluates sources but with frequent or significant problems regarding depth or insight.
either does not attempt to critically evaluate sources, or does so with major problems regarding depth or insight.
7. Use of sources (10%) very effectively, at a professional level, integrates sources into the analysis and argument. mostly well-integrates sources into the analysis and argument, with some minor lapses. sources have been partly well-integrated into the analysis and argument, but with some appreciable lapses.
poorly integrates sources into the analysis and argument, with frequent or significant problems regarding coherence and relevance. does not attempt to integrate sources into the analysis and argument, or does so with major problems regarding coherence and relevance.
8. Structure (10%) is very clearly, coherently and effectively structured, at a professional level.
is clearly, coherently and effectively structured, but with some minor gaps, inconsistencies or unclear points.
presents an identifiable structure, but with some appreciable gaps, inconsistencies or unclear points.
attempts to presents an identifiable structure, but is significantly lacking clarity, coherence or effectiveness. either presents no identifiable structure, or presents one that has major problems with clarity, coherence or effectiveness.
9. Writing (10%) is written in consistently very clear, grammatical, and persuasive language, at a professional level.
is written in clear, grammatical, and persuasive language, with some minor errors or unclear points.
is written in language that is reasonably clear, grammatical, and persuasive, but with some appreciable errors and unclear points.
is written in language that has significant problems with clarity, grammar or
persuasiveness.
is written in language that has major problems with clarity, grammar or persuasiveness.
10. Referencing (5%) acknowledges all sources and legal authorities appropriately, with an almost flawless use of the correct citation style, at a professional level.
acknowledges all sources and legal authorities appropriately, with very good use of the correct citation style, with some minor errors.
acknowledges all sources and legal authorities, with a good attempt at the correct citation style, but with some appreciable errors. attempts to acknowledge sources and legal authorities appropriately, but with frequent or significant errors with regard to the correct citation style.
very poor attempt to acknowledge sources and legal authorities, and has frequent and major errors with regard to the correct citation style.
11. Compliance with other instructions
(5%) demonstrates professionalism in complying fully or close to fully with other instructions (e.g. word count, document formatting).
complies with other instructions (e.g. word count, document formatting), with some minor errors or gaps.
complies generally with other instructions (e.g. word count, document formatting), but with some appreciable errors or gaps.
attempts to comply other instructions (e.g. word count, document formatting), but with numerous significant errors or gaps. either makes no attempt or makes a clearly inadequate attempt to comply other instructions (e.g. word count, document formatting).
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Research Essay Topics
Environmental law is failing in regulating environmental change. The state of the environment is getting worse . Albert Einstein is attributed with defining insanity as doing the same thing over and over again and expecting a different result. With environmental law, we keep using the same legal techniques and approaches, and using the same knowledges, to address ever-changing environmental problems. It is unsurprising, therefore, that we keep getting the same result, failing to address the environmental problems. This suggests we need to change our approach to environmental law; we need to do things differently. Chief Justice Brian J Preston of the Land and Environment Court of NSW (2022). Analyse whether Australian environmental law is failing, the causes of such failure or perceptions of failures and how this could be addressed.
Your essay must engage with Federal State of the Environment Report (2021), the Independent Review of the EPBC Act Final Report (2020) as well as other recent relevant reports and academic studies.
Discuss the problems facing the international community in devising and enforcing appropriate environmental laws, whilst at the same time maintaining equity between developed and developing nations. What principles and techniques have been adopted to address or mediate these tensions and how successful have they been at doing so?
Your essay must engage with at least one of (i) the international climate change regime; (ii) the international regime for the conservation of biodiversity; or (iii) international principles on sustainable development.
To what extent is the development of environmental law and policy in Australia subservient to, or influenced by, international interests? Discuss.
Your essay must engage with at least one of (i) climate policy; (ii) biodiversity diversity and conservation policy; (iii) principles of ecologically sustainable development.
The Australian Panel of Experts on Environmental Law (APEEL; apeel.org.au) has argued in favour of a new generation of Australian environmental law. Has the current division of responsibilities between Federal and State and Territory governments, based on the Inter-Governmental Agreement on the Environment (IGAE) and the Environment Protection and Biodiversity Conservation Act 1999 (Cth), outlived its usefulness? Discuss.
Analyse the challenges in realising ecologically sustainable development in Australia and propose ways in which its principles could be fulfilled in Australian law. Do we need to take up the position postulated in the Independent Review of the EPBC Act (2020), which proposes moving away from process driven regulation to outcomes based decision-making that rests upon clearly articulated standards that reflect the objects of the legislation?
457200-35950
The Independent Review of the EPBC Act (2020) found that The EPBC Act is ineffective. It does not enable the Commonwealth to effectively protect environmental matters that are important for the nation. It is not fit to address current or future environmental challenges.
Evaluate the effectiveness of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and the extent to which implementing the recommendations of the Independent Review of the EPBC Act (2020) would provide realistic, effective and equitable reform.
Evaluate whether Victorian planning and environmental laws adequately promote ecologically sustainable development and what measures could be introduced to better promote ecologically sustainable development.
The recent reforms to the Environment Protection Act 2017 (Vic) have been described as herald[ing] a new era of environmental regulation in Victoria, establishing a scheme that places an increased onus on organisations to proactively address and minimise their
environmental impact (https://www.allens.com.au/insights-
news/insights/2018/10/victorias-general-environmental-duty-what-is-it-and-whatcan/)
Discuss how transformative the introduction of a general environmental duty has been for pollution and waste management in Victoria.
Regional Forest Agreement have failed to protect ecological values and threatened species and activities conducted pursuant to an RFA should no longer be exempt from assessment under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Discuss.
Your response must engage with Friends of Leadbeaters Possum v VicForests [2021] FCAFC 66 and Friends of Leadbeaters Possum v VicForests (No 4) FCA 704 as well as other relevant case law, reports and academic materials.
Will the introduction of the Climate Change Act 2022 (Cth) effectively fulfil the ambition of Federal Government policy to reduce net greenhouse gas emissions by 43% by 2030 and reach the target of net zero by 2050? Is this policy objective, adequate and equitable?
Are offsets for carbon emissions and/or impacts on biodiversity credible policy mechanisms for win/win solutions to climate change and loss of biodiversity?
Discussion of carbon emissions must refer to academic research by Professor Andrew Macintosh and colleagues and the Chubb review; discussion of biodiversity offsets must refer to the 2023 NSW Auditor-Generals Report Effectiveness of the Biodiversity Offsets Scheme as well as other recent relevant reports and academic studies.
In Minister for the Environment v Sharma [2022] FCAFC 35 Allsop CJ said That duty throws up for consideration at the point of assessing breach the question of the proper policy response to climate change and considerations unsuitable for resolution by the Judicial branch of government [This question] is one of core, indeed high, policymaking for the Executive and Parliament involving questions of policy (scientific, economic, social, industrial and political) which are unsuitable for the Judicial branch to resolve in private litigation .
What is the legitimate role of courts and tribunals in responding to issues that raise impacts of climate change as a feature of litigation? Discuss with reference to Sharma and at least two other Australian climate litigation cases.
Critically discuss the contribution of climate change litigation in advancing an effective regulatory response to the problem of excessive greenhouse gas production in Australia.
Discuss with reference to at least three Australian climate litigation cases.
Design your own research question:
You are also welcome to develop your own research question on a topic related to material we have covered in the course. If you are thinking of developing your own research questions please research out to me to discuss. You must have your essay topic approved by Julia Dehm before 4pm Friday 20 October 2023.
