LAW 6509 - Planning and Environmental Law Practice

North Terrace Campus - Trimester 2 - 2019

The aim of the course is to provide an overview of planning and environmental legislation in South Australia, the jurisdiction of the Environment, Resource and Development Court, and the roles of the Environment Protection Authority and planning authorities. The course will enable you as an entry-level lawyer, to advise and generally assist clients on the relevant law and planning process; apply for approvals and consents under relevant planning legislation; object to applications; initiate or defend planning or environmental actions. The course is offered in partnership with South Australian practitioners and agencies.

  • General Course Information
    Course Details
    Course Code LAW 6509
    Course Planning and Environmental Law Practice
    Coordinating Unit Adelaide Law School
    Term Trimester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange N
    Restrictions Available to GDLP students only. Not available for Study Abroad & Exchange.
    Course Description The aim of the course is to provide an overview of planning and environmental legislation in South Australia, the jurisdiction of the Environment, Resource and Development Court, and the roles of the Environment Protection Authority and planning authorities. The course will enable you as an entry-level lawyer, to advise and generally assist clients on the relevant law and planning process; apply for approvals and consents under relevant planning legislation; object to applications; initiate or defend planning or environmental actions.

    The course is offered in partnership with South Australian practitioners and agencies.
    Course Staff

    Course Coordinator: Desiree Holland

    The GDLP Coordinator will contact the appropriate course staff as necessary.

    Course Coordinator (UA Law School): Paul Leadbeter
    Course Timetable

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

    This course will be taught intensively. Full details of seminars and activities are made available on the MyUni course website prior to the course commencing.

    Note: In most cases assessment tasks are linked to seminars activities. Attendance at all seminars is highly advisable. 
  • Learning Outcomes
    Course Learning Outcomes
    By the end of this course you will be able to: 

    1. Assessing the merits of the matter and advising the client
    • obtained full instructions from the client.
    • analysed the facts in accordance with the relevant law.
    • obtained and clarified any relevant technical information.
    • advised, or been involved in advising, the client of any rights and obligations of the client and potential penalties if obligations are not observed.
    • identified, or been involved in identifying, all options and developed a plan of action in accordance with the client’s instructions.
    • alerted, or been involved in alerting, the client to the need to identify the commercial, political and public relations implications of any proposed action.

    2. Preparing planning applications or objections
    • identified and analysed relevant provisions of the appropriate planning scheme.
    • identified any appropriate grounds of objection.
    • prepared either an application for development or other planning approval, or an objection to such an application.
    • identified any need to obtain plans or other information.

    3. Initiating or responding to environmental claims
    • identified the appropriate forum for initiating or responding to a claim.
    • initiated or opposed, or been involved in initiating or opposing, a claim in accordance with the rules of the relevant court or tribunal, in a timely manner.
    • obtained all necessary evidence and drafted all necessary documents in accordance with those rules.

    4. Representing the client in resolving a planning matter or environmental claim
    • identified appropriate means of resolving the matter to the satisfaction of the client and discussed them, or been involved in discussing them, with the client.
    • completed all preparation required by law and good practice.
    • represented, or been involved in representing, or observed the representation of, the client effectively in any negotiation, mediation, hearing or other proceedings.

    5. Implementing outcomes
    • properly documented any order or settlement and explained, or been involved in explaining it to the client in a way which a reasonable client could understand.
    • identified and carried out any procedures to enforce the order or settlement in a timely manner.
    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)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    3
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    4
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    5
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    6
  • Learning Resources
    Required Resources
    No textbooks are assigned for GDLP courses.

    Seminar resources and readings are available on MyUni ONLY. Students must bring electronic devices to seminars to access seminar materials.

    Due to an emphasis on current legal practice other materials may be added after the course outline has been posted. Students are required to check MyUni daily to keep up to date.

    Recommended Resources
    Most course resources are provided to students ONLINE via MyUni. Relevant law can be accessed online via:

    http://www.comlaw.gov.au/
    http://www.legislation.sa.gov.au/index.aspx
    http://www.austlii.edu.au/

    Due to the emphasis on current legal practice, other materials may be added after the course outline has been posted. Students are required to check MyUni daily to keep up to date.
    Online Learning
    The course is supported by the MyUni course website. The website contains the following resources:

    1. Course information – including seminar schedule and assessment outline.
    2. Course materials – such as lecture presentations, seminar materials, readings and resources.
    3. Assessment – items of assessment and online submission.
    4. Grade centre – where students’ results for assessments are entered.

    MyUni will also be used to post announcements. Students are expected to check MyUni daily to keep up to date.

    Students should check daily their University of Adelaide email.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The course will be taught intensively. Online lectures are supported by activities such as face to face interactive problem-solving seminars and practical exercises.

    Students MUST come prepared for seminars, namely having listened to online lectures, undertaken prior reading and developed draft responses to the seminar questions. If students have not prepared and / or arrive more than 10 minutes late they may be asked to leave the seminar group.

    A reminder that students MUST bring along electronic devices to the seminar so they can access the seminar materials electronically.

    Attendance at seminars is strongly advised. Students are expected to behave in an ethical and professional manner as would be expected in the workplace environment (compliant with the professional conduct rules and standards).

    Workload

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

    In addition to attending seminars it is anticipated that students will do substantial independent work to prepare for seminars and to complete the course assessments. Students are expected to spend about 15 hours per week in private study which includes reading the materials, listening to lecture presentations, conducting research and preparing for seminars. In addition students will need to dedicate time for the completion of assessments.
    Learning Activities Summary
    A detailed seminar schedule will be posted to MyUni prior to the course commencing.

    This course will cover the following topics:
           
    - Assessing the merits of a matter and advising the client     
    - Preparing planning applications or objections    
    - Initiating or responding to environmental claims    
    - Representing the client in resolving a planning matter or environmental claim    
    - Implementing outcomes


    Specific Course Requirements
    The course is based on the rules of the Legal Practitioners Education and Admission Council (LPEAC) 2018 which specifies the expected competency standards for entry level lawyers at the point of admission. In order to pass this course you are expected to demonstrate competence in these standards.

    The national competency standards include underpinning knowledge and skills in:
    • Ethics and professional responsibility
    • Lawyers skills
    • Problem solving
    • Work management and business skills

    For further information contact-LSSA program manager (GDLP).
  • 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
    Assessments will be made available to students, prior to the nominated deadline.

    Note: Competence must be demonstrated in all assessment tasks and activities.


    * Assessment deadlines will be posted on MyUni prior to the course commencing.
    Assessment Task Task Type Due Weighting Learning Outcome
    Task 1 Cover letter  Individual Week 1 n/a 1-5
    Task 2 Workbook Individual Week 2 n/a 1-5


    Assessment Related Requirements
    Detailed information regarding assessment tasks will be provided on MyUni .

    In this course, students will also be assessed on the following:

    • Attendance
    • Punctuality
    • Workload management and ability to adhere to deadlines
    • Display active engagement in practical activities
    • Demonstrate respectful behaviour towards others
    • Maintaining a high level of confidentiality at all times
    • Satisfactory completion of prescribed exercises
    • Underpinning national competency standards (as noted in ‘Specific course requirements’)

    Unless otherwise stated, there will be no prescribed word limit for assessments. This is because the purpose of the GDLP programme is to facilitate your transition from undergraduate academic law studies to the legal professional employment environment through the demonstration and practice of professionally-based skills and competencies. In a legal practice it is highly unlikely you will be set a certain number of words or pages for the tasks you are asked to complete.

    However, in the majority of assessments guidelines will be provided.

    The quality of English expression is considered to be an integral part of the assessment process.
    Assessment competence will take into consideration: expressions, structure, correct grammar, typography, etc.

    Note: In most cases assessment tasks are linked to seminars activities. Attendance at all seminars is highly advisable. 

    Assessments will be returned to students within 3 weeks from the due date, unless otherwise notified by the program officer (GDLP) through a Course Announcement.
    Assessment Detail
    Assessments will be made available to students, prior to the nominated deadline. Assessment deadlines will be posted on MyUni prior to the course commencing.

    Assessments guidelines will be provided for each assesssment task. Unless otherwise stated, there will be no prescribed word limit for assessments. This is because the purpose of the GDLP program is to facilitate your transition from undergraduate academic law studies to the legal professional employment environment through the demonstration and practice of professionally-based skills and competencies.

    All assessments are competency based (non-graded pass). Competence must be demonstrated in all assessment tasks and activities. MyUni requires a numerical value to display that competency has been demonstrated. Please note:

    1 – Competency has been achieved (non-graded pass)
    0 = Competency has not yet been achieved. Assessment Task Task 1 Cover letter You must write a Letter of application or representation (depending on for whom you act) to the relevant authority’s Development Assessment Panel (DAP) in preparation for the DAP meeting where the development application for the proposal will be considered. Task 2 Workbook A variety of tasks to be completed: Notes for meeting with Environmental Protection Agency Site contamination Memorandum to client -water resources


    Assessment Task

    Task 1  - Cover letter 
    You must write a Letter of application or representation (depending on for whom you
    act) to the relevant authority’s Development Assessment Panel (DAP) in preparation for the DAP meeting where the development application for the proposal will be considered.


    Task 2 - Workbook
    A variety of tasks to be completed:
    - Notes for meeting with Environmental Protection Agency
    - Site contamination
    - Memorandum to client -water resources





    Submission
    Students must retain a copy of all assessments submitted.

    Students are to submit assessments online via Turnitin.

    Please note: where forms or documents have been outlined in assessment activities for completion these should be downloaded from original sources and completed in an electronic format, if not supplied.

    Students will be marked in accordance with the marking rubric.

    Resubmission

    Students are required to demonstrate competency in all elements of the national competency standards and failure to do so will result in the relevant assessment being marked as non-competent. If the assessment is deemed non-competent students may be offered the opportunity to revise and resubmit the assessment. In most cases only the parts of the assessment that do not attain competence will be required to be resubmitted. Only ONE opportunity is provided for resubmission.


    Attendance and participation in seminars, and/or the completion of online activities will be considered as determining factors in the offer of a resubmission.

    Assessments that do not attain competence on resubmission (fail), per University policy, are double-marked before the results are released back to the student. The first and second markers discuss what the final result will be.

    In 2019 a supplementary teaching day will be offered. Students who will be allowed to resubmit may attend this day, though it is not compulsory to do so. Resubmission of the assessment will be allowed after this additional teaching day. If a student is unable to demonstrate competency after this resubmission then they will need undertake the course again and pay additional fees. 

    Extensions

    Students MUST apply for an extension prior to the deadline to the LSSA GDLP Team.

    Extensions on medical and compassionate grounds will be in accordance with University policy.

    Late Submission

    Late submissions will not be marked.

    NOTE: in this course, students are assessed against the national competency standards and professional workplace standards; namely

    • Ethical and professional responsibility
    • Lawyers skills
    • Problem solving
    • Work management and business skills
    • Punctuality
    • Workload management and ability to adhere to deadlines
    Course Grading

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

    GS8 (Coursework Grade Scheme)
    Grade Description
    CN Continuing
    FNS Fail No Submission
    NFE No Formal Examination
    F Fail
    NGP Non Graded Pass
    P Pass
    C Credit
    D Distinction
    HD High Distinction
    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.

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


    Grade reflects following criteria for allocation of grade:
    Reported on Official Transcript

    Fail No Submission
    No work submitted for assessment
    FNS

    Fail
    Competency not demonstrated
    F

    Non-Graded Pass
    Competency demonstrated
    NGP

    Result Pending
    An interim result
    RP


    Continuing
    CN






    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible  moderation/change) by the Law School’s Board of Examiners. Assessment  results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is  required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Acess Adelaide at the end of each semester.

    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework
    Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the  appropriate channels for academic review (such as an official re-mark).

     
    Moderation

    In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

     
    *assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    *detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    *sharing of example marked assessments at various grade bands across markers;
    *reviewing of selected marked assessments from each marker by the course coordinator;
    *comparison of the marks and their distribution across markers;
    *automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    *the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.


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

  • 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
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/. The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

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

    Academic Honesty
    Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

    Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia 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.