University of the West of England

MODULE SPECIFICATION

Code: USSJ9S-20-2 Title: ENVIRONMENTAL LEGISLATION AND DECISION MAKING (ES)

Version: 4

Level: 2 UWE credit rating: 20 ECTS credit rating: 10

Module type: STANDARD

Owning Faculty: Applied Sciences Field: Natural & Life Sciences

Valid from: September 2004 Discontinued from:

Pre-requisites: None

Co-requisites: None

Excluded combinations: None

Learning outcomes:

      • explain and analyse the role and process of the principle national institutions, and international organisations and which influence the development of environmental policy.

      • explain the classification of English Law and its sources, and the interdependency of sources in the context of application of the law.

      • discuss the policy and legal framework for environmental protection.

      • extract operational meaning from legislative edicts and from legislative guidance, and have an awareness of implementation and enforcement issues.

      • understand the principles underlying relationships between statutory standards and non - statutory guidelines.

      • discuss the main national and international legislative provisions and agreements for the protection of the natural environment, and be aware of their evolution and likely future development.

      • identify the main agencies concerned with the ecosphere, their roles and powers.

      • Describe the types of protected areas and sites, with the reason for such protection and be able to assess the adequacy of current and future provisions

Syllabus outline:

Semester 1

Environmental law and policy framework

National, European and international institutions - role, organisation and influence. Contemporary developments in law and policy. UK - relationship between executive, judiciary and legislature; political structure and relationships in central and local government and relationship with non governmental organisations .

Framework of European Union legislative process. The European treaties; The EU institutions. Role and policy brief of the directorates general. EU and National governments relationships - EU law and policy and national government implementation in the environment field.

The English legal system ; sources and classification of law and interdependance - custom and equity, precedent and case law, civil and criminal law and development in the context of environmental law. Tortious and contractual liabilities. The legislative process; statutes and delegated legislation and interpretation of statutes.

Framework of Environmental Protection Law

Statutory framework for air, land and water, law enforcement agencies and authorities, role and powers.

Case studies on interpretation, application of law and decision making for example in air quality, water quality and supply, contaminated land, environmental nuisance, planning and developments

Semester 2

The 1949 National Parks and Access to the Countryside Act, Nature Conservancy Council (and its successors) and the Countryside Agency. National Nature Reserves, Sites of Special Scientific Interest, National Parks. The 1975 Conservation of Wild Creatures and Wild Plants Act; 1981 Wildlife and Countryside Act; Countryside and Rights of Way Act 2000.

The conservation roles of the Forestry Commission and Ministry of Agriculture. Consequences of EU provisions for example: Environmental Sensitive Areas and Nitrate Sensitive Areas. Local authorities: Local Nature Reserves; the implications of planning for environmental development eg. local structure plans; Green Belts.

EU Directive on Environmental Impact Assessment. The EU Habitats Directive and Special Protection Areas. International agreements eg. Berne Convention. IUCN Biosphere Reserve criteria, World Heritage sites. The effectiveness of the above provisions in the UK.

NGOs in conservation practice and as pressure groups.

1992 UN Conference on Environment and Development and resulting Conventions on Biodiversity, Climate Change, Forestry, Agenda 21 and local Agenda 21; problems of implementation in the UK and abroad. 2002 World summit on Sustainable Development.

Teaching and learning methods:

Introductory sessions introduce students to law sources and material and information searching. Learning resources of the library are utilised to provide seminar group size workshop sessions on use of a law library, networked information sources and searching where students are given opportunities to practice legal search. Lectures are used to provide the framework with guided reading related to key texts and reference to more extensive databases on network facilities and in the learning resource facilities with the use of specific CD roms and paper based material .

Theme based studies and seminars will focus on more detailed aspects in relating theory to practical application and in developing analytical understanding of policy law enforcement and the approaches to problem resolution. Workshops are topic based providing students opportunity to evaluate material and evidence and formulate decisions in group situations, to debate alternative strategies and present findings in a number of different settings. Eg authorisation of a process, historic pollution case, planning enquiry, air quality management.

Semester 2 includes a large element of student-centred learning, supported by dedicated materials on the University’s computer learning environment, and selected Internet materials. The student’s learning experience is guided by tutorials.

Reading Strategy

All students will be encouraged to make full use of the print and electronic resources available to them through membership of the University. These include a range of electronic journals and a wide variety of resources available through web sites and information gateways. The University Library’s web pages provide access to subject relevant resources and services, and to the library catalogue. Many resources can be accessed remotely. Students will be presented with opportunities within the curriculum to develop their information retrieval and evaluation skills in order to identify such resources effectively.

This guidance will be available either in the module handbook, via the module information on UWEonline or through any other vehicle deemed appropriate by the module/programme leaders.

Books:

Malcolm R. (1994) Guidebook to Environmental Law. Sweet/Maxwell

Garbutt J. (1995) Environmental Law - Practical handbook. Wiley Chancery

Tanners D. & Bourdeau P. (1995) Europes Environment: The Dobris Assessment. EuroEnvAg95

Kramer L. (1995) EC Treaty & Environmental law. Sweet/Maxwell.

Mumma A. (1995) Meeting UK & E.C Requirements.Env. Law McGraw Hill

Bakkenist G. (1994) Environmental Information law. Cameron May

Castle P. & Harrison H. (1996) Integrated Pollution control. Cameron May

Grubb M. (1993) The Earth summit agreement: guide/assessment, analysis. Earthscan.

Garbutt J. (1995) Waste management Law - handbook. Wiley

Encyclopaedia of Environmental law (Garner Vols 1,2,3,)

Hughes, D. (1996) Environmental Law. 3rd ed. Butterworths, London.

Bell, S & McGillivray, D. (2000) Environmental law. 5th Ed.

McEldowney, J.F. & McEldowney, S. (1996) Environment and the Law.

Department of the Environment (1990) This Common Inheritance. + yearly updates.

DoE (1992) 'The UK Environment'. Department of the Environment, Government Statistical Service, HMSO, London.

Taylor, M.B. (1996) Wildlife Crime. Department of the Environment.

Journals:

ENDS Report

English Nature

British Wildlife

CD Roms - CEDRIC: CELEX.

Assessment

Weighting between components A and B (standard modules only) A: 50% B: 50 %

ATTEMPT 1

First Assessment Opportunity

Component A Element weighting

EX3

Examination (3 hours)

1

     
     
 

 

Component B

Description of each element Element weighting

CS1

Case Study group project

2

ES1

Essay

3

     
 

 

Second Assessment Opportunity (further attendance at taught classes) No

Component A

Description of each element Element weighting

EX3

Examination ( 3 Hours)

1

     
     
 

 

Component B

Description of each element Element weighting

ES1

Essay

2

ES2

Essay

3

     
 

 

SECOND (OR SUBSEQUENT) ATTEMPT Attendance at taught classes. No

Specification confirmed by …………………………………………………Date ……………………………

(Associate Dean/Programme Director)

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