SCHOOL OF LAW

LAW 865 BIODIVERSITY LAW

STUDY GUIDE 2009

MACQUARIE UNIVERSITY SCHOOL OF LAW STUDY GUIDE

Year and Semester: Unit Code & Unit Name: 2009, FIRST SEMESTER LAW 865 BIODIVERSITY & BIOTECHNOLOGY LAW LAW 865 4 credit points Judith Preston

Credit Points: Unit Convenor:

PLEASE NOTE: ALL INTERNATIONAL STUDENTS MUST ENROL AS INTERNAL STUDENTS TO COMPLY WITH VISA REQUIREMENTS Students in this unit should read this study guide carefully at the start of semester. It contains important information about the unit. If anything in it is unclear, please consult the teaching staff in the unit.

1. ABOUT THIS UNIT

Unit description The unit will critically examine the concept of biological diversity, its nature and values. It will provide an overview of earlier international instruments of relevance to biodiversity leading up to the adoption of the Convention on Biological Diversity (CBD) in 1992 and will examine the main features of national and state legislation needed to implement the CBD. Rationale: Global, national and state regulatory and policy mechanisms have evolved rapidly over the last fifteen years. Regulation of the exploitation of animals, the collection of plants and the creation of protected areas has developed gradually in Australia since the establishment of the First Colony in the 18th Century, but has not been adequate to protect genetic diversity, ecosystems and other biological resources. It is only relatively recently that the need for concerted global action has been recognized, first in two specific instances: the Ramsar Convention for the protection of wetlands and the World Heritage Convention for the protection of sites with exceptional global values. The way was then paved for the recognition that biological diversity as a whole is a common concern of humanity and led to the adoption of the 1992 Convention on Biological Diversity. Following the signing of these international instruments regarding biological diversity, Australia has complied with its international obligations by the passing of new legislation and amending existing legislation at federal, state and local levels.

2. TEACHING STAFF
CONVENOR: Ph: Office: Email: Judith Preston 9850 7077 (wk): 0410108371 (mobile) W3A 440 (inside the Environmental Law Centre) judith.preston@law.mq.edu.au

Please make appointments for consultations on Mondays from 2:30-4:30pm.

3. CLASSES AND STUDY TIMES

Internal and International Students: Three separate days on WEDNESDAYS from 9:00am-4:00pm on the 18/3/2009, 15/4/2009 and 8/4/2009 in a location to be advised. In addition all internal and international students are required to attend the second and third day of the three-day intensive teaching sessions to be held on-campus on 1-3 May 2009 in a location to be advised. External students: All externally-enrolled students must attend all days of the compulsory three-day intensive teaching sessions to be held 1-3 May 2009 in a location to be advised. The locations will be in W3A in the Moot Room or Blackshield Room. Please contact the convener for confirmation ALL STUDENTS should sign in with the Centre for Open Education (COE) in Building X5B on the first day of the intensive teaching session.

4.REQUIRED AND RECOMMENDED TEXTS AND/OR MATERIALS

PRESCRIBED Two Volumes of Unit Notes available in the Co-Op Bookstore. Additional articles may be distributed in class or available on the library website. RECOMMENDED 1. Capacity Building for Environmental Law in the Asian and Pacific Region Approaches and Resources, edited by Donna Craig, Nicholas Robinson and Koh Kheng Lian, Asian Development Bank, Manilla, 2003. (Second Edition) ISBN 971-561-504-Y (Volume two). This work is in two volumes and it is available in CD ROM form and hard cover. You only need Volume Two for this course. Volume One has some useful material but is not required for this Unit; it is recommended. Please note that both Vols. 1 and 2 are included on the CD. In 2007 the Asia Development Bank charged US $100 per Volume and US $25 for the CD (with both volumes on it). If you order it directly from the Asian Development Bank in Manilla (Phillipines) you can request a 40% Education Discount on the Books and CD but make sure you indicate that you are requesting it for a university postgraduate course.

It is recommended that students who do not want a hard copy of the text purchase the CD as there are some articles from Vol 1included on the CD. Articles from Vol. 1 will also be placed on e- reserve in the library and on the unit website. All page references herein refer to the CD-ROM version.) Copies of the CD may be ordered through the University Co-Op Bookstore. I am not sure what price they will charge if you order it from them. Some students last semester experienced delays in getting their order for the CD from the ADB. 2. Glowka L., Burhenne-Guilmin F., and Synge H. in collaboration with McNeely J and Guendling L., A Guide to the Convention on Biological Diversity, IUCN, Gland, 1994 Introductory Readings All students should commence with the readings in the course materials as well as Chapter 8 of Lyster R & Ors, Environmental and Planning Law in NSW, The Federation Press 2007. If you have not done international law before please carefully read the Introduction to International Law (in the Hunter text) and have access to a basic international law text, such as Shearer I Starkes International Law, 1994, 11th Edition or later, which can be obtained from the Law Library and Special Reserve. Internet - Recent Developments There is an enormous amount of international environmental law on the internet. Treaties (conventions) can be updated (with recent amendments) by accessing the sites for Treaty Secretariats (e.g. Biodiversity Convention). You should search for the most recent Conference of Parties (COP), amendments and Protocols. Environmental treaties are usually called Multilateral Environmental Agreements (MEAs) or conventions. Other internet references may be to environmental treaties or international environmental law. Important sites are United Nations Environmental Program, IUCN (World Conservation Union) and Pace University (White Plains, New York). You must be able to access (through the internet) updated versions of the following conventions: Convention on Biological Diversity, http://www.biodiv.org/default.aspx Cartegena Protocol -available from

Convention on Wetlands of International Importance especially as Waterfowl Habitats (Ramsar Convention)- available from http://www.ramsar.org/ Convention for the Protection of World Cultural and Natural Heritage (World Heritage Convention) available from http://whc.unesco.org/nwhc/pages/doc/main.htm

Further References on International Environmental Law and Policy An International Regime for Protected Areas, (Section 2 of a 4 part paper, presented at the Vth World Parks Congress 2003, Durban, South Africa, 12 September 2003; Scanlon, John, and Burhenne-Guilmin, Francoise (Eds.) (2004). International Environmental Governance: An International Regime for Protected Areas, IUCN, Gland Switzerland and Cambridge U.K. at p. 9. Also available at http://www.iucn.org/themes/law/pdfdocuments/GOV-IUCNELP%20Sec%202%20Governance%20Paper040803.pdf The Impact Of Trade And Intellectual Property Rights On Biodiversity Conservation: Setting The Boundaries, World Jurists Association 21st Biennial Congress on the Law of the World, Adelaide, 22 August 2003; available on CD ROM and at http:www.law.mq.edu.au/HTML/faculty/jeffery/WJA%20Paper.doc Jefffery, M , Bioprospecting: Access to Genetic Resources and Benefit-Sharing under the Convention on Biodiversity and the Bonn Guidelines, 2002 Sing. J. of Int'l & Comp. L. Vol. 6 at p. 746. Jeffery, M, International Environmental Governance. An International regime for Protected Areas, IUCN, Gland, 2004. Preston, BJ, The Role of Law in the Protection of Biological Diversity in the AsiaPacific Region (1995) 12 EPLJ 264-277 Kuruk, Paul, Cultural Heritage, Traditional Knowledge and Indigenous Rights: An Analysis of the Convention for the Safeguarding of Intangible Cultural Heritage, Maquarie Journal of International and Comparative Environmental Law, Vol 1, 2004, p111. The Impact of Intellectual Property Rights and Trade-Related Issues on Biological Diversity; published in Lye, Lin-Heng with Manguait, Maria Socorro Z. (Eds) (2003), Towards a 'Second Generatio' in Environmental Laws in the Asian and Pacific Region: Select Trends. IUCN, Gland, Switzerland and Cambridge U.K. at p. 143. Farrier, David and Tucker, L , Access to Marine Bioresources: Hitching the Conservation Cart to the Bioprospecting Horse, Ocean Development and International Law, Vol 32 (3), 2001, p 213. Gianni, Matthew, High Seas Bottom Fisheries and their impact on the Biodiversity of Vulnerable Deep Sea ecosystems, 2004, available from http://www.iucn.org/themes/marine/pubs/pubs.htm Gjerde, K and Breide, C , Towards a Strategy for High Seas Marine Protected Areas, 2003 available from http://www.iucn.org/themes/marine/pubs/pubs.htm

 Kimball, Lee, International Oceans Governance: Using International Law and Organisations to Manage Marine Resources Sustainably- available from http://www.iucn.org/themes/marine/pubs/pubs.htm WWF/IUCN The Status of the natural resources of the High Seas available from http://www.iucn.org/ourwork/programme/pa2002/english/managing/highseas.htm Intellectual Property Rights and Biodiversity Conservation: Reconciling the Incompatibilities of the TRIPS Agreement and the Convention on Biological Diversity; presented at Intellectual Property and Biological Resources Conference, Singapore, 1-3 December 2003, published in Lye, Lin-Heng with Manguiat, M. S. (Eds) (2003) Towards a "Second Generation" in Environmental Laws in the Asian and Pacific Region - Select Trends, IUCN, Gland, Switzerland and Cambridge, UK at p.143
Nettheim,G, Meyers,G, Craig,D, Indigenous Peoples and Governance Structures:a

Comparative Analysis of Land and Resource Management Rights, Aboriginal Studies Press, Canberra, 2002
Gnther Handel (ed) Yearbook of International Environmental Law, Graham &

Trotman, London,
Birnie,P and Boyle,A, International Law and the Environment, second edition,Oxford

University press, Oxford, 2002.

Shine,C and de Klemm, Wetlands, Water and the Law,IUCN, Gland, Switzerland,1999. ADB and The World Conservation Union (IUCN), Biodiversity Conservation in the

Asia Pacific Region: constraints and Opportunities, Asia Development Bank, Manilla, 1995.
Kiss, A, Shelton, D, International Environmental Law, Graham & Trotman, London,

(revised edition).
Sand, P (ed) Greening International Law, London: Earthscan Publications Ltd, 1993 The Royal Institute of International Affairs, The Earth Summit Agreements: A Guide

and Assessment, London: Earthscan Publications Ltd, 1993.

Tolba, M K and El-Kholy, O A, (eds) The World Environment 1972-1992; Two

Decades of Challenge, London: Chapman & Hall on behalf of United Nations Environment Programme, 1992, 33-60.
Ward, E, Indigenous Peoples : Between Human Rights and Environmental Protection,

Danish Centre for Human Rights, Copenhagen, 1994.

WCED, Our Common Future, Australian edition, Oxford, Melbourne, 1990 (Brundtland

Report)

 Caldwell, L, International Environmental Policy, 2nd ed, Duke University Press,

London, 1990.
Ryan, KW, International Law in Australia, 2nd ed, Law Book Co, Sydney, 1984. Shearer, I, Starkes International Law, 11th edition, Butterworths, Sydney, 1994 United Nations, Earth Summit: Agenda 21, UN, New York, 1992. O'Riordan, T (ed), Environmental Science for Environmental Management, Longman

Scientific & Technical, Essex, 1995.

Glowka, L "A Guide to Designing Legal Framework to Determine Access to Genetic

Resources.
ORiordan, T and Voisey V, The Transition to Sustainability: The Politics of Agenda 21

in Europe, Earthscan, London, 1998

de Klemm, C and Shine, C, Biological Diversity Conservation and the Law IUCN Law

Commission, Gland, Switzerland, 1997

Krattiger et al, Widening Perspectives on Biodiversity, IUCN, Gland, Switzerland, 1994. de Klemm, C, Guidelines for Legislation to Implement Cities, IUCN Law Commission,

Gland, Switzerland, 1993.

Glowka, Lyle, Bioprospecting, alien invasive species, and hydrothermal vents: three

emerging legal issues in the conservation and sustainable use of biodiversity, Tulane Environmental Law Journal, Vol 13(2), 2000, p 329.
Leary, D.K., Law Reaches New Depths: The Endeavour Hydrothermal Vents Marine

Protected Area In : J.P Beumer, A. Grant and D.C. Smith (Eds), Aquatic Protected Areas. What works best and how do we know. Proceedings of the World Congress on Aquatic Protected Areas, 2002, p 85.
Leary, D.K., Emerging Legal Regimes regulating bioprospecting for thermophiles and
th

hyperthermophiles of hydrothermal vents, In Proceedings of 6 International Marine Biotechnology Conference, Chiba Japan, Journal of Marine Biotechnology, Special Issue, 2004 (forthcoming).
Brown Weiss, E and Jacobson, H, Engaging Countries: Strengthening Compliance with

International Accords, MIT Press, Cambridge, Massachusetts, 1998.

Woenne-Green, Johnson, R, Sultan, R and Wallis, A, Competing Interests: Aboriginal

Participation National Parks and Conservation in Australia, ACF, Melbourne, 1995.

Young, E, Ross, H, Johnson, J, Kesteran, J, Caring for Country: Aborigines and Land

Management, Australian National Parks and Wildlife Service, Canberra, 1991.

 Davies, J et al, Sustaining Eden: Indigenous Community Wildlife Management in

Australia, University of Adelaide, Roseworthy, 1999.

Boer, B et al, International Environmental Law in the Asia Pacific, Klewer Law

International, The Hague, Netherlands, 1998.

IUCN Law Commission, Draft International Covenant on Environment and

Development, IUCN Law Commission, Gland, Switzerland, 1995, revised 2000, (Proposed integrated global framework convention for sustainable development as suggested by the Brundtland Report).
Tan, A, Environmental Laws of the South East Asian Countries: A Preliminary

Assessment. A Preliminary Assessment, APCEL, Singapore, 1998 (available on APCEL internet site)
IUCN, The Law of the Sea: Priorities and Responsibilities in Implementing The

Convention, IUCN, Gland, Switzerland, 1995.

Victor, D et al, The Implementation and Effectiveness of International Environmental

Commitments: Theory and Practice, MIT Press, Cambridge, Massachusetts, 1998.

Juda, Lawrence, Rio Plus Ten: The Evolution of International Marine Fisheries

Governance, Vol 33 Ocean Development & International Law, 2002, p 109

Koh, K, Beckman, R and Chia, L, Sustainable Development of Coastal and Ocean

Areas in South East Asia: Post- Rio Perspectives, National University of Singapore, Singapore, 1995.
IUCN Law Commission, Environmental Law in the South Pacific, IUCN Law

Commission, Gland, Switzerland, 1996.

Miller, M, The Third World in Global Environmental Politics, Lynne Reinner

Publishers Boulche, USA, 1995

Edith Brown Weiss, Environmental Equity and International Law, UNEPs New Way

Forward: Environmental Law and Sustainable Development, UNEP Publications, 1995, Nairobi.
Cameron, J, Werksman, J and Roderick, P (editors) Improving Compliance with

International Environmental Law, London: Earthscan, 1996

Werksman, J (ed.) Greening International Institutions, London: Earthscan, 1996. Verhoosel, Gatan, Prospecting for Marine and Coastal Biodiversity: International Law

in Deep Water, International Journal of Marine and Coastal Law, Vol 13 (1), 1998, p 91.

 Kaniaru, D and Kurokulasuriya, L, Capacity Building in Environmental Law,

UNEPs New Way Forward: Environmental Law and Sustainable Development, UNEP Publications, 1995, Nairobi.
ORiordan, T, (ed), Environmental Science for Environmental Management, Longman,

Manchester, 1995, 298-316.

Wolf, A, Quotas in Environmental Agreements, Earthscan, London, 1997, 21-39. Sjoberg, Helen, Restructuring the Global Environment Facility, GEF Working Paper 13, 1999. Scott, Geoffrey R., The legal context of intellectual property rights and marine

biotechnology, Vol 38(3) Ocean & Coastal Management, 1998, p 229.

Global Environmental Facility (GEF), Early Impacts, Promising Future, 1998 Annual

Report.
UNEP, Global Biodiversity Assessment: Summary for Policy Makers, Cambridge

University Press, 1995

Klemm, C Tolentino, A, Burhenne-Guilmin, F, Tarasofsky, R.G, Glowka, L & Craig, D,

Biodiversity Conservation in the Asia and Pacific Region, Manila: ADB and IUCN, 1995.
Draft National Strategy for the Conservation of Australias Biological Diversity, AGPS,

Canberra, 1995. Journals (i) Review of European Community and International Environmental Law (ii) Environmental Policy and Law (good for recent developments see unbound journal section in library) (iii) Environmental and Planning Law Journal (iv) Yale Journal of International Law (v) Asia Pacific Journal of Environmental Law (vi) Georgetown International Environmental Law Journal (vii) Macquarie Journal of International and Comparative Environmental Law

5. INTERNAL STUDENTS SCHEDULE OF WEEKLY CLASSES

Date
4/3/2009 SESSION 1 Overview of the Australian Legal System Historical Context Federation Parliamentary System Ratification of international instruments Tabling of Treaties, National Interest Analyses, Joint Standing Committee on Treaties, Treaties Council Adversarial Court systems Features & Procedures Tri-level (Federal, State, Local) Specialist environmental court systems e.g. focus on Land & Environment Court of NSW 1/4/2009 SESSION 2 Overview of Australian Environmental Law History and context of biodiversity Outline international instruments relevant to biodiversity (1992) Outline UN Convention on wetlands and their international importance (1971) (Ramsar Convention) Convention for the protection of world cultural and natural heritage (World Heritage Convention) Convention on International Trade & Endangered Species of Wild Flora & Fauna 1973 (CITES) Morning Tea SESSION 3 Commonwealth: National strategy for conserving biodiversity (1996) State: NSW strategy for conserving biodiversity Lunch SESSION 4 Legislation EPA Act 1979 Biodiversity Protection under EPIs SEPPS (e.g. SEPP Coastal Wetlands p402) REPS (e.g. REP 1996 Jervis Bay) LEPS (e.g. Dubbo LEP 1997 Rural Lands) Tree Preservation Orders Trees (Disputes Between Neighbours) Act 2006 Heritage Issues

Subject

Assigned Reading *See Appendices

9:00-10:30

10:30-11:00 11:00-1:00

1:00-2:00 2:00-4:00

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8/4/2009 9:00-10:30

10:30-11:00

SESSION 5 Case studies and legislation Environmental Protection & Biodiversity Conservation Act 1999 (Cth) Overview Morning Tea SESSION 6 Case Studies Booth v Bosworth (2001) 114 FCR 39 Minister for the Environment v Greentree (2003) FCA 857 Minister for the Environment + Heritage v Greentree (No.2) [2004] FCA 741 Lunch Discussion of Presentation Topics

11:00-1:00

1:00-2:00 2:00-4:00

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6. INTENSIVE ON-CAMPUS SESSION ALL STUDENTS (INTERNAL AND EXTERNAL)

Dates: 1-3 May 2009 (9:00-4:00) LAW/865/818 Biodiversity Law All students should sign in with COE on the first day of their intensive teaching session. Students should refer to the prescribed reading for the weekly classes for preparing work.

Day 1 1 May 2009 (9:00-4:00)

9:00-10:30 : Biological Diversity key concepts, threats and strategies 10:30-11:00 : MORNING TEA

11:00-1:00 : Biological Diversity key concepts, threats and strategies 1:00-2:00 : LUNCH 2:00-4:00 : International Responses Overview of international instruments to protect biological diversity Examples: Ramsar Convention, World Heritage Convention, CITES and Biodiversity Convention Day 2 2 May 2009 (9:00-4:00)
9:00-10:30 : International Responses (continued) Overview of international instruments to protect biological diversity Examples: Ramsar Convention, World Heritage Convention, CITES and Biodiversity Convention 10:30-11:00 : MORNING TEA

11:00-1:00 : National Responses National strategy for conservation of Australian Biological Diversity Ratification of international instruments EPBC Act and relevant judicial review 1:00-2:00 : LUNCH 2:00-4:00 : State Response Outline of relevant state legislation EPIs under EPA Act National Parks + Wildlife Act 1974 Threatened Species Conservation Act 1995

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 Case Study Kurri sand swamp woodland VAW (Kurri Kurri) P/L v Scientific Committee (2003) 128 LGERA [2003] 128 LGERA [2003] NSWCA 419 297 (17 October 2003) affirming [2002] 122 LGERA 231 [2002] NSW LEC 272 (1 November 2003) [p422 Farrier]

Day 3 3 May 2009 (9:00-4:00) 9:00-10:30 : Presentations (20-30 minutes duration)

10:30-11:00 : MORNING TEA

11:00-1:00 : Presentations 1:00-2:00 : LUNCH 2:00-4:00 : Presentations Future directions and Law reform proposals (Discussion/Debate) 7. UNIT WEB PAGE
There is a website for this Unit. The web site for this Unit can be accessed through the Library. http://www.lib.mq.edu.au/resources/reserve/and enter the unit code Law 865. You will then be asked for your student ID and password. The Centre for Environmental Law has recently upgraded its website. Study Guides will be accessible also through this site www.law.mq.au/MUCEL/index.html and click on Publications and Resources. We are also in the process of including selected published works of CEL members on the website.

8. LEARNING OBJECTIVES
At the end of the course, students should have developed an understanding of: a) The scope of biodiversity law and the benefits of studying comparative approaches to environmental law; b) The diversity of approaches to comparative study; c) A familiarity with selected environmental legal regimes dealing with global issues.

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9. GENERIC SKILLS
In addition to the discipline-based learning objectives, all academic programs at Macquarie seek to develop students generic skills in a range of areas. One of the aims of this unit is that students develop their skills in the following: Communication skills; Critical analysis skills; Problem-solving skills; Creative-thinking skills. Interdisciplinary skills A guide to the University's generic skills is on the Law network drive.

10. TEACHING AND LEARNING STRATEGY

The internal classes and on-campus sessions are designed to provide the opportunity for extensive discussion of the issues covered and will provide the student with an understanding and appreciation of comparative study in the area of environmental law. It will provide students with the opportunity for independent research on examples of domestic and international environmental legal systems.

11. ASSESSMENT
LAW 865 Class Participation10% Assignment No. 1 (3000 words): 40% Due - 7/5/2009 Assignment No. 2 (3000 words): 50% Due - 4/6/2009 Attendance is required for all internal and external students. Extensions must be requested, in writing, before the due date of assignments and late penalties apply (See below in this Study Guide). TOPICS FOR BOTH ASSIGNMENTS WILL BE PROVIDED TO STUDENTS

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Submission of Assignments Students should ensure that their tutor's name and their tutorial group is provided on the first (cover) page of every assignment. Assignments should be typed in 12 font and not singlespaced. All pages must be firmly stapled or pinned together. External assignments sent by Australia Post, or by courier must be despatched by the due date. The cover of the assignment should be date stamped by the post office before dispatch by mail. Internal students should place their assignments in the box provided. Do not push assignments under your tutors door or post them in your tutors pigeon hole in the Law Divisions mail room. These methods of delivery are not secure. Students are advised to always make and retain a backup copy of all pieces of work submitted. It is University policy to place upon the students the onus of producing a copy of work which goes astray. Word Length Word length of assignments should be indicated. Word limits should be adhered to. The word length indicated for the assignments is exclusive of footnotes and Bibliography. The word limit should not be exceeded by more than 10%. Excessively long assignments will be penalised. Citations/Footnotes/Bibliography All assignments must be footnoted and have a comprehensive Bibliography. Students should use a proper legal citation method in all their written work. For a model, look at a law journal article or text and find the method for citing cases, books, articles, statutes, etc. Also consult reference books such as Enright, C, Studying Law and Glanville Williams Learning the Law Late Submission Illness or serious misadventure may be sufficient excuse, preventing submission on time, but complete details must be notified to tutors, in writing, before the due date, and be supported by medical certificate or other appropriate documentation. Pressure of work is generally not an acceptable ground for delay. If an extension of time is granted by a tutor, then the assignment must be submitted within this time. An excuse is good for one assignment only; there can be no chain effect. In cases where illness or misadventure is likely to affect more than one assignment, students are advised to apply for a withdrawal (W) grade. After the end of the eighth week, a case must be made out for withdrawal without penalty. Your tutor must be separately notified in writing. It is possible to fail the course on penalties.

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Note: The current Divisional policy on penalties for lateness is 10% up to 7 days; 20% up to 14 days; work submitted later than 14 days need not be accepted. Failure to submit work or attend class It should be noted that University regulations require that all classes, assignments and compulsory On-Campus sessions be satisfactorily attended and completed. Non-completion of any piece of work or non-attendance at a compulsory On-Campus Session without sufficient excuse will result in an F grade.

13. RELATIONSHIP BETWEEN ASSESSMENT AND LEARNING OBJECTIVES

Many fundamental questions and issues will be raised and the consideration of various issues, debates, perspectives and readings are what is important. There is rarely a right answer to these fundamental questions. We expect that you will have a good understanding of the legal framework, clear issue identification, ability to apply the law to a variety of factual situations and good analytical and critical skills.

14. PLAGARISM
The University defines plagiarism in its rules: "Plagiarism involves using the work of another person and presenting it as one's own." Plagiarism is a serious breach of the University's rules and carries significant penalties. You must read the University's policies and procedures on plagiarism. These can be found in the Handbooks of Undergraduate Postgraduate Studies or on the web at: http://www.student.mq.edu.au/plagiarism/ The policies and procedures explain what plagiarism is, how to avoid it, the procedures that will be taken in cases of suspected plagiarism, and the penalties if you are found guilty. Penalties may include a deduction of marks, failure in the unit, and/or referral to the University Discipline Committee

15. UNIVERSITY POLICY ON GRADING

The University requires all Divisions to adhere to a policy relating to the distribution of grades across high distinction, distinction, credit and pass grades. This means that on occasion a student's raw mark for a unit (ie, the total of their marks for each assessment item) may not be the same as that which they receive on their transcript. This is because the total raw mark may be scaled up or down so that the grades of all students in each unit sit within the distribution bands set down by the University. The policy does not require that any number of students are to be failed in any unit.

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ASSIGNMENT 1: LAW 865 Biodiversity Law Due Date: 3 May 2009 (ALL STUDENTS) Presentation & Research Paper on Presentation Topic
Maximum Word Length: 2000-3000 words Weight: Presentation (10%) Research Paper (30%) ALL STUDENTS ARE TO ANSWER THE FOLLOWING QUESTION. Please state important assumptions that you may make about cultural, social, political or legal context. You are expected to undertake further research beyond the required readings to complete this assignment. TOPIC: Discuss conservation and sustainable use objectives implicit in the Convention on Biological Diversity and the legal mechanisms that might be used to empower local community management of biological resources. Provide a case study of a jurisdiction in which some of these mechanisms have been used.

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ASSIGNMENT 2: LAW 865 Biodiversity Law Due Date: 4 June 2009 (ALL STUDENTS)
Maximum Word Length: 5000 words Weight: 60% Students are not only required to be familiar with the Required Reading from the Course Material (identified in the internal classes or the two-day On-Campus Session Programme) but should also research outside the Course Material. Please note that environmental law changes rapidly. Some of the case studies in your text may be based on legal regimes that have changed or been modified. You cannot be exhaustive but students should make their best efforts to use their research to update this material using what is available in the public domain. RESEARCH QUESTION:

Choose any topic relevant to Law 865 Biodiversity Law. Discuss the issues and relevant legal framework. Make it clear what jurisdiction(s) and environmental laws, treaties and policies that you will be discussing. Major emphasis should be placed on a critique of this framework. The critiques should also suggest measures to: a. improve relevant laws, treaties and policies; and b. protect and conserve biological diversity
******

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APPENDICES N.B. - * is required, ** is recommended Appendix 1 (Session 1) **Carvan J. Understanding the Australian Legal System. Law Bk Co Ltd 2002 *Castles A.C. An Australian Legal History. Law Bk Co Ltd 1982 **Barker D. Essential Australian Law. Cavendish Publishing (Australia) Pty Ltd 2000. 9th Edition 2004 *Redfern Legal Centre. The Law Handbook. Redfern Legal Centre. 9th Edition 2004 Appendix 2 (Session 2) **Farrier D & Stein P. Overview of Australian Environmental Law. *Redfern Legal Centre. The Environmental Law Handbook. Redfern Legal Centre. Publishing 2006. Chapter 1 & 2 pp.2-63 **Lyster R & Ors. Environmental & Planning Law in New South Wales. The Federation Press 2007. Chapter 1 *Environmental Defenders Office (NSW). Environmental Law Toolkit NSW. The Federation Press. 5th Edition 2005. Chapter 1 pp.1-7 **Preston B.J. Institutional Roles in Establishing and Enforcing Environmental Priorities 10 UCALA Pac Basia LJ 224 1991-1992 **Preston B.J. Public Enforcement of Environmental Law in Australia. J. EnNtl. + Litig 39 1991 *Preston B.J. (The Hon. Justice) The environment and its influence on the law (2008) 82 ALJ 180 **Preston B.J. The Role of Law in the Protection of Biological Diversity in the Asia-Pacific Region (1995) 12 EPLJ 264 *Bradsen J. Biodiversity Legislation: Species, Vegetation, Habitat (1992) 9 EPLJ 175 **Convention on Wetlands of International Importance (1971) **Ramsar Convention text: http://www.ramsar.org/keyconve.htm **Ramsar Convention Manual: http://www.ramsar.org/lib/libmanual.2004e.pdf

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Farrier D & Tucker L. Wise Use of Wetlands under the Ramsar Convention: A challenge for Meaningful Implementation of International Law, 12 Journal of Environmental Law 21-42 (2000) **Conino. The Ramsar Convention in Australia Improving the Implementation Framework 14 EPLJ 89 (1997) **World Heritage Convention Text See: http://whc.unesco.org/archive/convention-en.pdf **World Heritage List See: http://whc.unesco.org/pg.cfm?cid=31 **CITES Text See: http://www.cites.org/eng/disc/text.shtml **CITES species overview See: http://www.cites.org/eng/disc/species.shtml **Convention on Biological Diversity 1992 Biological Diversity Convention Text http://www.biodiv.org/convention/articles.asp http://www.biodiv.org/doc/legal/cbd-en.pdf Biological Diversity Convention Handbook http://www.biodiv.org/handbook http://www.biodiv.org/doc/handbook/cbd-hb-all-en.pdf **Carroll E. The Implementation of the Convention on Biological Diversity by local government in NSW (2004) 9 LGLJ 186 *Farrier. Implementing the In-Situ Conservation Priorities of the United Nations Convention on Biological Diversity in Australia (1996) 3 Australasian Journal of Natural Resources Law and Policy 1-24 **Lyster R & Ors. Environmental & Planning Law in NSW. The Federation Press 2007. pp304-307 Appendix 3 (Session 3) National Strategy State of the Environment Report. Australia 2006 **National Strategy for the Conservation of Australias Biological Diversity State Strategy State of the Environment Report NSW 2003 **State of the Environment Report NSW 2006

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Appendix 4 (Session 4) **Environmental Planning & Assessment Act 1979 (NSW) Carroll E. Implementation of the Convention on Biological Diversity by local government in NSW (2004) 9 LGLJ 186 **Mamouney L. Should Local Government be Responsible for Biodiversity Management? A Critical Review of Local Governments Ability to Manage Biodiversity Loss in NSW through the Development Process (2000) 17 EPLJ 138 *Powers J. How Effective are Local Government Planning Schemes in Protecting Ecosystems (2000) 5 LGLJ 172 **Bradbury A. Reality or rhetoric? The implementation of ecological sustainable development in the NSW environmental planning system (1997)3 LGLJ 86 *Kelly A.H. & Farrier D. Local Government and Biodiversity Conservation in NSW (1996) 13 EPLJ 374 *Nearn N. Urban Bushland Protection through Planning Controls in NSW (1995) 12 EPLJ 318 *Preston B.J. The Environmental Impact Statement Threshold Test: When is an Activity Likely to Significantly Affect the Environment? (1990) 7 EPLJ 147 Appendix 5 (Session 5) **Farrier D. Implementing the In-Situ Conservation Provisions of the United Nations Convention on Biological Diversity in Australia (1996) 3 Australasian Journal of Natural Resources Law & Policy 1-24 **Scanlon J & Dyson M. Will practice hinder principle? implementing the Environment Protection and Biodiversity Conservation Act (2001) 18 EPLJ 15 **Ogle L. The Environment Protection and Biodiversity Conservation Act 1999 (Cth): How workable is it? (2000) 17 EPLJ 468 **Campbell S. Governance, Responsibility and the Market: Neo-liberalism and Aspects of the Environment Protection and Biodiversity Act 1999 (Cth) (1999) 16 EPLJ 290 **Hughes L. Environmental Impact Assessment in the Environment Protection and Biological Conservation Act 1999 (Cth) (1999) EPLJ 304

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Appendix 6 (Session 6) **Booth v Bosworth (2001) 114 FCR 39; [2001] FCA 1453 (17 October 2001) and case notes in (2001) 18 EPLJ 23 **McGrath C. Booth v Bosworth (2001) 18 EPLJ 540 **McGrath C. The Flying Fox Case and Key Concepts of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) 22 EPLJ 20 at 33-34 **McGrath C. Schneiders v State of Queensland and Jones v State of Queensland [2001] FCA 553 (4 May 2001) and case note in (2001) 18 EPLJ 269 The Fraser Island Dingo Case Humane Society International Inc. v Minister for Environment and Heritage (2003) 126 FCR 205 [2003] FCA 64 (12 February 2003) **McGrath C. Minister for the Environment and Heritage v Greentree [2003] FCA 857 (8 August 2003) and case note in (2003) 20 EPLJ 476 Minister for the Environment and Heritage v Greentree (2003) FCA 857 *Fisher D.E. Minister for the Environment and Heritage v Queensland Conservation Council (2004) 139 FCR 24; (2004) 134 LGERA 272 [2004] FCAFC 190 (30 July 2004) upholding [2003] FCA 1463 (19 December 2003) and case notes in (2004) 21 EPLJ 325 The Meaning of Impacts The Nathan Dam Case on Appeal *Sommer N. (2004) 9 (1) The Australasian Journal of Natural Resources Law and Policy 145 Queensland Conservation Council Inc v Minister for the Environment and Heritage [2003] FCA 1463 (Nathan Dam Case) **McGrath C. (2005) 22 EPLJ 20 at 36 Key concepts of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) *Allars M. Re International Fund for Animal Welfare (Australia) Ltd and Minister for Environment and Heritage (2005) 41 AAR 508; 93 ALD 594; [2005] AATA 1219 and case note in (2007) 24 EPLJ 329 To breed or to exhibit?: The Asian Elephants case and reasons for regulatory failure *McGrath C. Humane Society International Inc v Kyodo Senpaku Kaisha Ltd (2006) 154 FCR 425; (2006) 232 ALR 478; [2006] FCAFC 116 (14 July 2006) granting leave to serve outside jurisdiction, overturning [2005] FCA 664 (27 May 2005) (with corrigendum 27 May 2005); and (2005) 212 ALR 551; [2004] FCA 1510 (23 November 2004) and case note in (2005) 22 EPLJ 250 The Japanese Whaling Case and (2006) 23 EPLJ 333 Japanese Whaling Case Appeal Succeeds McGrath C and commentary in (2006) 23 EPLJ 465 *Blay S & Bubna-Litic K. The interplay of international law and domestic law: The case of Australias efforts to protect whales

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*McGrath C. Human Society International Inc v Kyoto Senpaku Kaisha Ltd (2008) 165 FCR 510; [2008] FCA 3 (15 January 2008) (final hearing relief) and case note in (2008) 25 EPLJ 77 Injunction granted in Japanese Whaling Case *Save the Ridge Inc v Commonwealth (2005) 147 FCR 97; (2005) 142 LGERA 18; [2005] FCAFC 203 (16 September 2005) allowing appeal in part to [2005] FCA 17 (20 January 2005). *Wildlife Preservation Society of Queensland v Minister for the Environment and Heritage (2006) 232 ALR 510; [2006] FCA 736 (15 June 2006). *Thomas L and Stephens T. Brown v Forestry Tasmania and Others (No4) (2006) 157 FCR 1; (2006) 152 LGERA 146; [2006] FCA 1729 (19 December 2006) (Marshall J) and case note in (2007) 18 PLR 77 The Environment Protection Biodiversity Conservation Act: New prospects for effective implementation? *Forestry Tasmania v Brown (2007) 158 LGERA 191; [2007] FCAFC 186 (30 November 2007) (Full Federal Court) overturning (2006) 157 FCR 1; (2006) 152 LGERA 146; [2006] FCA 1729 (19 December 2006) *Wilderness Society Inc v Turnbull, Minister for the Environment and Water Resources (2007) 158 LGERA 134; [2007] FCA 1178 (9 August 2007) (Marshall J) upheld on appeal (2007) 166 FCR 154; (2007) 166 FCR 154; (2007) 243 ALR 241; [2007] FCAFC 175 (22 November 2007) (Full Federal Court) *Anvil Hill Project Water Association Inc v Minister for the Environment and Water Resources (2007) 243 ALR 784; 159 LGERA 8; [2007] FCA 1480 (20 September 2007) upheld on appeal Anvil Hill Water Association Inc v Minister for the Environment and Water Resources (2008) 166 FCR 54; 244 ALR 87; (2008) 158 LGERA 324; [2008] FCAFC 3 (14 February 2008) (Full Federal Court) *Blue Wedges Inc v Minister for Environment, Heritage and the Arts and Others (2008) 157 LGERA 428; [2008] FCA 399 (28 March 2008) (North J) Appendix 7 (FURTHER READING)

**McGrath C. Flying foxes, dams and whales: Using federal environmental laws in the public interest (2008) 25 EPLJ 324 *Jarieth H & Barnett G. Australia and UNESCO Biosphere Reserves (2007) 13 LGLJ 88 *Nelson R and Sharman B. More than tilting and windmills: A birds eye view of a biooffsets scheme under the EPBC Act (2007) 24 EPLJ 17 **Macintosh A & Wilkinson D. Evaluating the success or failure of the EPBC Act: A response to McGrath (2007) 24 EPLJ 81

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**McGrath C. Swirls in the stream of Australian environmental law: Debate on the EPBC Act (2006) 23 EPLJ 165 **Macintosh A & Wilkinson D. EPBC Act The Case for Reform (2005) 10 (1) The Australasian Journal of Natural Resources Law and Policy 139 **McGrath C. Key concepts of the Environment Protection and Biodiversity Act 1999 (Cth) (2004) 22 EPLJ 20 **Macintosh A. Why the Environment Protection and Biodiversity Conservation Acts referral, assessment and approval process is failing to achieve its environmental objectives (2004) 21 EPLJ 288 *Dawson F. Analysing, the goals of biodiversity conservation: Scientific, policy and legal perspectives (2004) 21 EPLJ 6 **Chapple S. The Environment Protection and Biodiversity Conservation Act 1999 (Cth): One Year Later, (2001) 18 EPLJ 523 **Scanlon J & Dyson M. Will practice hinder principle? implementing the Environment Protection and Biodiversity Conservation Act (2001) 18 EPLJ 15. **Ogle L. The Environment Protection and Biodiversity Conservation Act 1999 (Cth): How workable is it? (2000) 17 EPLJ 468 *Campbell S. Governance, Responsibility and the Market: Neo-liberalism and Aspects of the Environment Protection and Biodiversity Conservation Act 1999 (Cth); (1999) 16 EPLJ 290 **Hughes L. Environmental Impact Assessment in the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (1999) 16 EPLJ 304

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