LAW 7160 - Water Resources Law

North Terrace Campus - Semester 2 - 2014

Course Description: An examination of the law relating to water resources in Australia with a particular emphasis on South Australian legislative controls and policy which regulate water use and management. Topics may include: 1. A brief overview of water management at the international level; 2. Common law rights in relation to surface and groundwater and the nature of statutory modifications to those rights; 3. The development of statutory regimes for water allocation; The impact of the National Water reforms; 4. Federal /State arrangements for the management of water; 5. The nature and purpose of water trading systems together with examination of the regulatory structures associated with such systems; 6. The development of catchment management systems and the concept of environmental flows; 7. Issues associated with water in the urban context; 8. The regulation of water quality; 9. The possible role for law in resolving future issues of water scarcity and declining water quality.

  • General Course Information
    Course Details
    Course Code LAW 7160
    Course Water Resources Law
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Prerequisites LAW 7157 or its equivalent for Bus Law and Non Award students
    Course Description Course Description: An examination of the law relating to water resources in Australia with a particular emphasis on South Australian legislative controls and policy which regulate water use and management. Topics may include:
    1. A brief overview of water management at the international level;
    2. Common law rights in relation to surface and groundwater and the nature of statutory modifications to those rights;
    3. The development of statutory regimes for water allocation; The impact of the National Water reforms;
    4. Federal /State arrangements for the management of water;
    5. The nature and purpose of water trading systems together with examination of the regulatory structures associated with such systems;
    6. The development of catchment management systems and the concept of environmental flows;
    7. Issues associated with water in the urban context;
    8. The regulation of water quality;
    9. The possible role for law in resolving future issues of water scarcity and declining water quality.
    Course Staff

    Course Coordinator: Mr Paul Leadbeter

    The course coordinator is Paul Leadbeter who will be responsible for conducting all the seminars in this course.

    Any queries about the course should be directed to Paul Leadbeter whose contact details are as follows: paul.leadbeter@adelaide.edu.au
    Phone: 8313 4441
    Room 227, Ligertwood Building
    Further information about Paul Leadbeter can be found at:http://www.adelaide.edu.au/directory/paul.leadbeter
     
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.


    The full timetable of all activities for this course can be accessed from the Course Planner at https://access.adelaide.edu.au/courses/search.asp

    Weekly seminar classes will be held during the semester on Thursdays from 5-7pm in Ligertwood Building Room 110, the Dean’s Meeting Room commencing on Thursday 31 July 2014. A list of the topics to be covered in the course and the week in which it is proposed to cover them is set out below. Any changes to that order of presentation will be notified to students prior to the commencement of the course. It may be necessary to make some changes depending on the number of students who enrol in the course in order to accommodate all students in the student presentation component. Again this is dependent on the number of enrolments.



    The full timetable of all activities for this course can be accessed from the Course Planner https://access.adelaide.edu.au/courses/search.asp at Seminar Topic

     

    Seminar Topic

    Week 1 31/7/2014

    Introduction-the nature of water resources, water management at an international level, historical background to Australian water resources policy

    Week 2 7/8/2014

    Common law rights in relation to surface and groundwater & the nature of statutory modifications to those common law rights

    Week 3 14/8/2014

    Nature of Statutory Regimes for Regulating water allocation and use

    Week 4 21/8/2014

    National water reforms-implementation of National water initiative

    Week 5

    28/8/2014

    Federal/State Arrangements for water management-Water Act 2007

    Week 6

    4/9/2014

    SA Water law and policy-especially Natural resource Management Act,2004, River Murray act, 2003, Water Industry Bill, Water for Good Initiative

    Week 7 11/9/2014

    Water Trading Systems

    Week 8 18/9/2014

    Catchment Management systems and Environmental Flow Concepts

     

    Mid Semester break-22/9/2014 - 3/10/2014

    Week 9 9/10/2014

    Student Seminar Presentations

    Week 10

    16 /10/2014

    Water and urban Issues-Stormwater and Water Sensitive Urban Design

    Week 11 23/10/2014

    Water Quality and Water Scarcity

    Week 12 30/10/2014

    Student Seminar Presentations

  • Learning Outcomes
    Course Learning Outcomes

    · To understand legal citation conventions in the course of legal writing

    · To be able to apply those principles to problem-solving exercises;

    · To develop the capacity to analyse, evaluate and synthesise information from a wide variety of sources and experiences;

    · To have an awareness of the incompleteness of law and the continuous state of development of legal principles; and

    · To develop development of critical thinking and problem solving skills.

    · To apply good inter-personal and communication skills in both written and oral communication and independently and as a member of a team.

    · To further enhance written and oral skills in the explanation of, analysis and synthesis of legal principle;

    · To develop an ability to critically analyse and apply legislation, rules and cases in context.

    · To develop the capacity to identify factual and legal issues.

    · To apply excellent research skills.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1,2,3,4,5,6,7,8,9,10,11
    The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 13,15,16,18,19,20
    An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 18,19,20
    A proficiency in the appropriate use of contemporary technologies. 20
    A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 18, 19
    A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 17
    An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 21
  • Learning Resources
    Required Resources
    A good textbook for much of the material dealt with in the course is:

    Alex Gardner, Richard Bartlett and Janice Gray, ‘Water Resources Law’(Lexis Nexis Butterworths, 2009)

    Students will also need regular access to the following statutes:
    Water Act, 2007 (Cth.)
    Natural Resources Management Act,2004 (SA)
    River Murray Act, 2003 (SA)
    Water Industry Act,2012 (SA)
    Recommended Resources


    Other useful resources include the following:

    Michael Cathcart, ‘The Water Dreamers-The Remarkable History of our Dry Continent’, The Text Publishing Company, 2009

    Douglas E Fisher ‘Water Law’ LBC Information Services 2000

    Douglas E Fisher (2009) The Law and Governance of Water Resources : The Challenge of Sustainability. New Horizons in Environmental and Energy Law series. IWA Publishing, Edward Elgar & IWA Publishing

    Douglas E Fisher (2006) Implementing The National Water Initiative: A generic set of arrangements for managing interests in water. Queensland University of Technology, Brisbane.

    Juliet Lucy, ‘Water Regulation-The Laws of Australia’, Thomson Reuters,2009

    David Ingle Smith, ‘Water in Australia-Resources and Management’, Oxford University Press,1998

    Marianne Hammerton, ‘Water South Australia-A History of the Engineering and Water Supply Department’ Wakefield Press, 1996

    Of general interest in a broader sense-some overseas works:

    Vandana Shiva ‘Water Wars-Privatization, Pollution and Profit’, South End Press,Cambridge MA 2002

    Robert Glennon, ‘Water Follies-Groundwater Pumping and the Fate of America’s Fresh Waters’ ,Island Press, 2002

    Robert Glennon, ‘Unquenchable-America’s Water Crisis and What To Do About it’Island Press, 2009

    Maude Barlow, ‘Blue Covenant-The Global Water Crisis and the Coming Battle for the Right to Water’,Black Inc. 2007

    Marc Reisner, Cadillac Desert –The American West and its Disappearing Water,Penguin Books1993



    Some Key Policy Documents/websites include:

    http://www.waterforgood.sa.gov.au/ ( The Water for Good-Department of Water website-SA)

    http://www.environment.gov.au/water/index.html ( The Federal Government’s Water for the Future site-includes a lot of information in relation to the Murray-Darling)

    http://www.mdba.gov.au/ ( The Murray Darling Basin Authority’s webpage)

    http://www.mdba.gov.au/what-we-do/basin-plan (The Murray Darling Basin plan)

    http://www.sawater.com.au/SAWater/ ( Website for SA Water)

    Online Learning
    MyUni will be used to post announcements, post additional lecture materials (including slides, and where available, audio recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Profile, Lecture and Seminar Guides, and Course Materials.
    Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes


    This course will be taught in a combination of lectures and seminars. The seminars will comprise discussion focussed around a set of reading materials and questions issued prior to the class. These may be designed to develop certain themes or topics covered in the lectures, or to provide critical discussion of stand-alone topics. The seminar guides contain a general introduction to the law and to the general problems addressed by the law.

    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
    Contact time: attend a 2 hour class each week. This amounts to 24 hours of formal class time across the semester.The class will be conducted in a seminar format although there will be times when some material is delivered in a lecture format.
    Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments. The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies
    Learning Activities Summary

    Seminar Topic

    Week 1 31/7/2014

    Introduction-the nature of water resources, water management at an international level, historical background to Australian water resources policy

    Week 2 7/8/2014

    Common law rights in relation to surface and groundwater & the nature of statutory modifications to those common law rights

    Week 14/8/2014

    Nature of Statutory Regimes for Regulating water allocation and use

    Week 4 21/8/2014

    National water reforms-implementation of National water initiative

    Week 5

    28/8/2014

    Federal/State Arrangements for water management-Water Act 2007

    Week 6

    4/9/2014

    SA Water law and policy-especially Natural resource Management Act,2004, River Murray act, 2003, Water Industry Bill, Water for Good Initiative

    Week 7 11/9/2014

    Water Trading Systems

    Week 8 18/9/2014

    Catchment Management systems and Environmental Flow Concepts

     

    Mid Semester break-22/9/2014 - 3/10/2014

    Week 9 9/10/2014

    Student Seminar Presentations

    Week 10

    16/10/2014

    Water and urban Issues-Stormwater and Water Sensitive Urban Design

    Week 11 23/10/2014

    Water Quality and Water Scarcity

    Week 12 30/10/2014

    Student Seminar Presentations

    Specific Course Requirements
    There are no additional requirements for completion of this course other than described elsewhere in this document.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary


    Written assignment (5,500 words)

    Worth  70% of final grade

    Due:2pm on Friday 21 November 2014

    Individual 

    Not redeemable
     

    Outline of Seminar presentation(1,000 words)

    Worth 10% of final grade 

    Due: 25 August 2014

    Individual 

    Not redeemable



    Seminar presentation

    Worth 20% of final grade 

    Due: To be advised

    Individual

    Not redeemable

    Assessment Detail
    There are three (3) components of assessment for this course. Each part of the assessment scheme is compulsory. This means that if any one of the items of assessment is not undertaken/submitted, the marks assigned for that assessment will be irrevocably lost, and the final mark obtainable will be reduced by that amount.

    (i) WRITTEN ASSIGNMENT

    (70% of the final result)

    This aspect of the assessment will provide students with feedback regarding their level of understanding of the course material and their research, written communication and critical thinking skills.

    Students must submit a 5500-word essay on a topic to be selected from a list of topics provided by the lecturer in the first few weeks of the course.

    The deadline for submission is Friday 21 November 2014 at 2pm.

    Please note the requirements and penalties re late submissions and papers which exceed the word limits which are set out under the ‘Submissions’ heading of this course profile.


    Assessment Criteria

    • level of insight and innovative thought
    • depth of analysis and level of critical examination of the issues raised
    • clarity of expression
    • logical planning and sequence
    • evidence of comprehensive research and consideration of the relevant literature
    • demonstrated understanding of the comparative law method
    • demonstrated understanding of relevant legal materials
    • correct application of relevant material
    • overall presentation, including correct grammar, spelling and punctuation
    • use of resources in formulating the paper including proper acknowledgment and correct referencing

    Fail 0 – 49
    Does not develop coherent and rational arguments; demonstrates fundamental errors of understanding of key legal principles and concepts; little evidence of research to support arguments; demonstrates limited analytical and evaluative skills

    Pass 50 – 64
    Demonstrates a basic understanding of the relevant legal material eg legislation, cases and treaties; applies core texts and materials; arguments rational and coherent; adheres to referencing requirements

    Credit 65 – 74
    Demonstrates a high level of understanding of the relevant legal materials; has a thorough understanding of course materials; arguments are well constructed with appropriate supporting referencing; demonstrates some critical legal thinking and evaluative skills

    Distinction 75 – 84
    A very high standard of understanding of the relevant legal materials with some original and sophisticated perspectives included; paper demonstrates high level insight; broad ranging research undertaken; evidence of high level of critical thinking; well developed analytical and evaluative skills

    High Distinction 85 - 100
    Outstanding level of understanding and interpretation demonstrated; arguments are compelling and well supported by relevant authorities; student has undertaken broad ranging research and demonstrated original and sophisticated thinking especially in relation to difficult areas of legal application; highly developed written communication skills demonstrated.

    (ii) OUTLINE OFSEMINAR PRESENTATION

    (10% of the final result)

    Due date 25 August 2014.

    Students are required to submit an outline of not more than 1000 words in length which sets out the key matters to be dealt with by them in their class seminar presentation. Seminar topics will be assigned to students by the lecturer in the second week of the semester. The outline must be submitted to the lecturer either on line at
    < paul.leadbeter@adelaide.edu.au > or by hard copy in the class to be held on 22 August 2012. This should give the lecturer sufficient time to provide feedback to students on any additions or changes that might be desirable to the final presentation prior to students having to make that presentation.


    (iii) SEMINAR PRESENTATION

    (20% of the final result)

    Presentation date to be agreed at commencement of course


    This aspect of the assessment will provide students with feedback regarding their level of understanding of the course material and their oral communication and critical thinking skills.

    Each student will be assigned a topic and class date on which he or she will have to give a presentation to the class. ( Depending on the number of students in the class it may be that 2 students will be assigned responsibility for the presentation-at present the 2 dates allocated for seminar presentations are 3 October and 24 October.)The student will be provided with readings for this topic, but is encouraged to conduct some further independent research. The rest of the class will also be provided with the readings, to facilitate group discussion.

    The presenter(s) will have to give a presentation on the assigned topic and lead class discussion during the seminar. Depending on the numbers of students who enrol for this course the time allocated for each presentation inclusive of class discussion will be anywhere from 20-40 minutes.
    Assessment Criteria

    • level of insight and innovative thought
    • depth of analysis and level of critical examination of the issues raised
    • clarity of expression
    • logical planning and sequence
    • evidence of comprehensive research and consideration of the relevant literature
    • demonstrated understanding of relevant legal materials
    • correct application of relevant material
    • overall presentation, including clarity of language, structure, appropriate use of visual and other aids

    Fail 0 – 49
    Does not develop coherent and rational arguments; demonstrates fundamental errors of understanding of key legal principles and concepts; demonstrates limited analytical and evaluative skills

    Pass 50 – 64
    Demonstrates a basic understanding of the relevant materials; applies core texts and materials; arguments rational and coherent;

    Credit 65 – 74
    Demonstrates a high level of understanding of the relevant legal materials; has a thorough understanding of course materials and how the presentation fits within the course as a whole; arguments are well constructed; demonstrates some critical legal thinking and evaluative skills

    Distinction 75 – 84
    A very high standard of understanding of the relevant legal materials with some original and sophisticated perspectives included; presentation demonstrates high level insight; relevant research undertaken; evidence of high level of critical thinking; well developed analytical and evaluative skills

    High Distinction 85 - 100
    Outstanding level of understanding and interpretation demonstrated; arguments are compelling and well supported by relevant authorities; student has undertaken the relevant research and demonstrated original and sophisticated thinking especially in relation to difficult areas of legal application; highly developed oral communication skills demonstrated.
    Submission
    Students must retain a copy of all assignments submitted.
    All assignments in this course are to be submitted in hard copy and electronically through Turnitin. All hardcopy submissions must be accompanied by the Assignment Cover Sheet that accurately states the word length, and contains a signed declaration that the assignment consists of the students own work. A student’s results will be withheld until such time as the student has signed the Assignment Cover Sheet. Markers can refuse to accept assignments which do not have a signed acknowledgement of the University’s policy on plagiarism.
    NOTE: For postgraduate courses all assignments are submitted electronically via MyUni, no hard copies are submitted through the assignment slot.
    Details for electronic submission through Turnitin will be provided with the assignment instructions.
    All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.
    Extensions: Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.
    NOTE: For postgraduate courses all extensions are submitted directly to the course coordinator.

    Penalties:
    1. Late Submission: Submission penalties of 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay graded 63% will have 5% deducted if it is one hour late, for a final grade of 58%, 10% if it is 25 hours late, etc.
    2. Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.
    Turnaround time: The interim assignment for this course will be returned to students within 3 weeks of the submission date. Group feedback, together with written, individual feedback will be provided, from which students can learn from in the final assignment. The final assignment will be returned to students within 4 weeks of the submission date with written individual feedback. Students will be notified by email when assignments are ready for collection from the Law School Front Office.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

    Students can redeem failed or unsatisfactory work by submitting additional work after consultation with and in a format approved by the lecturer. To be entitled to do this the student must have received a minimum grade of 45% for the work they are seeking to redeem.

    Final results for this course will be made available through Access Adelaide.

    When undertaking an assessment task, students are to be assessed according to whether they are law or non-law graduates respectively. Where the nature of the task involves the exercise of skills that law graduates can be expected to have practised or refined over a longer period or to a greater degree than their non-law counterparts, an assessor may legitimately expect a higher standard of performance from the law graduates in the course
  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    Additional Resources
    The Law Student Writing Centre is a service provided by the Law School and the University CLPD. Senior Law students provide assistance with:
    · interpreting assignment questions
    · structuring assignments
    · citations and AGLC compliance
    The Writing Centre is open during the semester and bookings are recommended through the Law School Front Office.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the assessment policies webpagehttp://www.law.adelaide.edu.au/students/assessment/, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.
    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.
    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.