Faculty of Arts and Society
S 224 LWA 112
Environmental and Planning Law
Assignment 3 Research Essay
Instructions to students
Choose one of the questions to respond to. State the question you have chosen at the beginning of the essay.
Use of headings is encouraged to structure your response.
Refer to the rubric for further marking information. (see pp 3-4 of this document)
AGLC referencing is required.
A bibliography is required.
Submit your answer via Learnline in WORD format.
Due date: 14.10.2024 at 11.59 PM
Word limit : 2500 Words (+/- 10%) (excluding footnotes and bibliography)
Submit your final research essay to Learnline.Remember to reference throughout your essay and include a reference list or bibliography.Law students are required to used AGLC referencing style.
Questions
The true objective of ESD is integration not environmental dominance over other social and economic issues. There are bound to be trade-offs between the often-competing components of ESD.
To what extent does interpretation by the courts of statutory obligations in respect of ESD bear out this statement?
OR
In order to meet Australias emissions reduction targets, many renewable energy advocates have been calling for the fast-tracking of planning and environmental approvals for solar, wind farm, battery storage and transmission line projects. Should we amend our laws and regulations to provide for less rigorous environmental assessment of such projects if they materially improve our chances of meeting the emissions reduction targets? Please consider key concepts such as the precautionary principle, intergenerational equity and the polluter pays principle in your response.
OR
What are some of the major challenges in prosecuting climate change litigation in Australia on constitutional or human rights grounds? Support your response with case law and/or legislation
OR
The recent review of Environment Protection and Biodiversity Conservation Act 1999 (Cth) by Professor Graeme Samuel AC found that the EPBC Act lags well behind leading practice when it comes to incorporating Indigenous knowledge in decision-making. Do you agree, and if so, why? Please justify your response by considering relevant international standards and existing Commonwealth, State and Territory legal frameworks that recognise cultural rights and interests of Aboriginal and Torres Strait Islander peoples.
OR
Strategic assessment is a process available under both the Environment Protection Act 2019 (NT) and the Environment Protection and Biodiversity Conservation Act 1999 (Cth). What are the key environmental and planning features of strategic assessment under the legislation? In your view, is SEA a desirable tool for achieving positive outcomes for the environment whilst supporting economic development in an area or region?
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[End of Assignment]
Marking Rubric:
Criteria High Distinction Distinction Credit Pass Fail
Research
(20%) Exceptional research & reading of primary and secondary sources. Research is integrated into the essay and informs the students critical approach to the topic. Research question clearly defined, justified to a high standard and ably managed (17+) Considerable research & reading of primary & secondary sources. Research is integrated into the essay & informs the students critical approach to the topic. Research question clearly defined, justified and managed (15+) Reasonable evidence of original research & reading of primary & secondary sources beyond basic prescribed texts & case law. Some integration into the essay itself. Research question competently explained and managed (13+) Some evidence of original research and reading of primary and secondary sources beyond basic prescribed texts and case law, but not well integrated into the essay itself. Research question adequately explained by poorly managed (10+) Little or no evidence of original research & reading of primary and secondary sources beyond basic prescribed texts & case law. Research question not understood or explained (<10)
Style and Structure
(10%) As for Distinction level, but both style and structural aspects are exceptionally strong. (8.5+) Logical progression of ideas with clear structure enhancing the thesis. Headings & sub-headings are appropriately employed. Writing is smooth, skilful & coherent. Sentences are strong & expressive with varied structure. Expression is consistent and words well chosen. (7.5+) Writing is clear and sentences have varied structure. Expression is consistent and appropriate. Logical progression of ideas. Headings and sub-headings are mostly appropriately employed. (6.5+) Organization is reasonably clear. Headings & sub-headings employed, but not always effectively. Writing is clear, but sentences may lack variety. Expression mostly appropriate, but with some prolix, colloquial or overly informal expression. Sentence structure is mostly acceptable, but sentences at times fragmented or confusing.(5+) No discernible organizational structure. Writing is confusing, hard to follow. Contains fragments and/or confusing compounded sentences, Inappropriate expression in places (<5)
Analysis and Argument
(50%) Correctly identifies, describes & applies all principles & rules relevant to the question. Properly cites the authority for them, with explanation of optimal clarity that illuminate & clarify those principles & rules, enhanced by exceptional insights. Clear, succinct & sound arguments with strong critique and analysis enhanced by exceptional insights (42.5+) Correctly identifies, describes & applies all principles & rules relevant to the question. Properly cites the authority for them, with clear & succinct explanation that illuminate & clarify those principles & rules. Clear, succinct & sound arguments with strong critique & analysis (37.5+) Correctly identifies, describes & applies all issues related to the question, but with instances of expression of less than optimal precision & clarity. Correctly identifies & describes all principles & rules relevant to the problem. Properly cites the authority for them. Some attempt at critique and analysis. (32.5+) Correctly identifies and describes the main issues though not expressed and with optimal clarity and precision. Correctly identifies a majority of the principles and rules relevant to the question, with the omission of some, but sufficient for an effective practical analysis of the question (25+) Missing the main issue(s) and/or many correct principles and rules not identified (<25)
Grammar, syntax & Spelling (10%) As for Distinction level, but with exceptional attention to detail in grammar, syntax, punctuation, and error-free spelling (8.5+) Strong and confident grasp of grammar, syntax, punctuation and spelling, with careful attention to elimination of careless errors (7.5+) Good grasp of grammar, syntax, punctuation and spelling, though a handful of careless errors may be present (6.5+) Acceptable standard but significant number of errors present .(5+) Numerous errors showing lack of understanding of basic principles. Work not at an acceptable standard for higher education studies (<5)
Citation and Referencing (10%) Exceptional and error-free grasp of citation and related techniques (8.5+) Excellent and largely error-free grasp of citation and related techniques (7.5+) Good grasp of citation technique etc. with only a few careless errors (6.5+) Acceptable standard but significant number of errors evident.(5+) Numerous errors work not at an acceptable standard for higher education studies (<5)