Unit Title :- Natural Resource Law
Value: 35%
Length: 1,500 words
Group Assessment: No
Submission method options: EASTS (online)
Natural Resource Law Assessment 2 – Australia.
Task :
The second assessment item asks you to read a problem scenario relating to content from topics 3, 4, and 5. You then need to consider the scenario in relation to the discussion questions posed at the end of the scenario. You should then submit your answers to the questions in the form of a legal memorandum providing your short advice.
The Scenario :-
You are a solicitor in a local legal practice. A client of the practice is considering purchasing a 970 ha property ‘Wellingur Park’ near Geurie in Central West NSW. The property is run down with Cypress Pine having invaded 90% of the arable land on the property. High-density Cypress Pine growth has caused a lack of ground cover grasses; leading to lack of feed for stock, erosion of bare soil, and a lack of soil moisture. Increased erosion and invasive regrowth have degraded and /or destroyed existing farm dam infrastructure on the property.
The property also contains significant stands of Grassy White box woodland -an endangered ecological community in NSW- that is being choked by the invasive Cypress regrowth. The woodland areas provide a habitat for wedge-tailed eagles parrots and finches (including threatened species). A portion of the property (around 20%) is located within 3 km of a listed Ramsar wetland.
The client is seeking advice about the natural resources law approvals that would be required to address the degradation issues on the property, including:
Natural Resource Law Assessment 2 – Australia.
1.Removal of invasive Cypress Pine regrowth to reestablish productive capacity of the land, that will also protect and enhance the biodiversity assets of grassy White box wood land and
2.Develop a network of new farm dams on the property to make strategic use of rainfall-runoff.
Your senior partner has requested you research the relevant natural resources law and development approvals. The research needs to be presented in the form of a legal memorandum to your senior partner and address the following focus questions:
1.What are the legal framework and specific approval requirements relevant to the clearing of invasive Cypress Pine?
2.Are there specific legal issues associated with the endangered ecological community and/or threatened species?
3.What legal requirements govern the planning and development of a farm dam network on the property?
Important Note :-
A guide to refresh your memory on the preparation of a legal memorandum is available on the subject site.
Natural Resource Law Assessment 2 – Australia.
RATIONALE :
This assessment task will assess the following learning outcome/s:
1. be able to demonstrate knowledge of a range of legal instruments addressing mining and agricultural activities.
2. be able to demonstrate a critical awareness of ethical, social and cultural issues operating within the rural practice context.
3. be able to interpret and analyse legislation, codes of conduct and policy instruments in the context of mining and agricultural production.