Almost every use of land from building a family home to infrastructure projects across cities through to coal mining will require some form of legal assessment and approval. The relevant area of law is environmental planning law. This unit examines the intersection of economic, social and environmental issues in the context of land use and law. The focus is on both the natural and built environment in an urban and rural context with particular emphasis on the regulation of land use under the Environmental Planning and Assessment Law 1979 (NSW) and the Environment Protection and Biodiversity Conservation Act 1999 (Cth). The unit provides a detailed analysis of the legal requirements of land use planning instruments, development assessment methods, environmental impact assessment and administrative decision making relating to land use. A critical analysis is undertaken of the effectiveness of the current regulatory regime including reform proposals and options. Discussion and analysis of relevant case law and the functions of the Land and Environment Court in terms of resolving land planning and development issues is covered extensively.
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1. Acquire and demonstrate specialized knowledge of the theories, principles and policies underlying planning and development law with particular focus on Ecologically Sustainable Development and environmental justice; 2. Identify, explain and apply the regulatory scheme for planning, development assessment and approval of land use development at federal, state and local levels as the basis for critically analysis of the Environmental Planning and Assessment Act 1979 (NSW) and Environment Protection Biodiversity Conservation Act 1999 (Cth). 3. Critically analyse the operation of legal review mechanisms relevant to environmental planning law in assessing the effectiveness and accountability of public authorities involved in environmental planning and assessment at all jurisdictional levels 4. Display expertise in forecasting environmental challenges that will affect environmental planning law in the future and how to combat these issues whilst balancing competing interests related to economic benefits of land use planning and development. 5. Critically evaluate how environmental law and policy is politicised across federal, state and local government balance levels and how the economic aspects and attempts to balance economic and environmental priorities of land use.