Environmental Law – LAWS8055 Assessment 1 – Analytical Research Essay 3500 words, Due Saturday 11:55pm, 24 April 2021, 40% of total grade for the course This assessment consists of 3 inter-related...

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Environmental Law – LAWS8055 Assessment 1 – Analytical Research Essay 3500 words, Due Saturday 11:55pm, 24 April 2021, 40% of total grade for the course This assessment consists of 3 inter-related parts. Part 1 = 1000 words; Part 2 = 2000 words; Part 3= 500 words. Total = 3500 words. Standard penalties apply for exceeding the word count of any of the sections or of the assessment as a whole. See marking rubric 1 for Part 1; marking rubric 2 for Parts 2 and 3. Part 1: Fiction as scholarly praxis (1000 words) This component of the assessment calls on you to imagine that you are in the year 2050. Write a piece of fiction (a story) which considers issues of demography, human development, economy and lifestyle, policies and institutions, technology and the environment in the year 2050. This could be a dystopian or utopian future or anything in between. Use the 5 SSP’s in O’Neill et al. from the Week 4 readings as your starting point but do not feel constrained by them. Use any genre (e.g. crime, romance, adventure, choose-your-own-adventure, sci-fi, fantasy), style (e.g. diary entries, anthropomorphised nature) and voice (e.g. first person, second person, third person). Read Rob Kitchin ‘Writing Fiction as scholarly practice’: https://www.transformingsociety.co.uk/2020/11/10/writing-fiction-as-scholarly-praxis/ All of the Week 4 set and recommended readings will be useful too. Part 2: Critical analysis of extinction prevention under the Environment Protection and Biodiversity Conservation Act (1999) (2000 words) You are now back in 2021. i.e. you do not need to take into account the ‘world’ of Part 1 when completing Part 2. Evaluate the adequacy of extinction prevention under the Environment Protection and Biodiversity Conservation Act (1999) (‘EPBC Act). Evaluate, in particular, Part 13 – Division 1 of the Act. You may like to consider findings of the recent EPBC Act review as well as the following texts as your starting point. You will be required to go beyond these texts as part of your research. David Wiedenfeld, Allison Alberts, Ariadne Angulo, Elizabeth L. Bennett, Onnie Byers, Topiltzin Contreras‐MacBeath, Gláucia Drummond et al. "Conservation Resource Allocation, https://www.transformingsociety.co.uk/2020/11/10/writing-fiction-as-scholarly-praxis/ Small Population Resiliency, and the Fallacy of Conservation Triage." Conservation Biology (2021). Jessica Walsh, James EM Watson, Madeleine C. Bottrill, Liana N. Joseph, and Hugh P. Possingham. "Trends and biases in the listing and recovery planning for threatened species: an Australian case study." Oryx 47, no. 1 (2013): 134-143. John Woinarski, Stephen T. Garnett, Sarah M. Legge, and David B. Lindenmayer. "The contribution of policy, law, management, research, and advocacy failings to the recent extinctions of three Australian vertebrate species." Conservation Biology 31, no. 1 (2017): 13- 23. David Farrier, R. Whelan, and C. Mooney. "Threatened species listing as a trigger for conservation action." Environmental Science & Policy 10, no. 3 (2007): 219-229. Part 3: Threatened species provisions of the EPBC Act through a futures lens – Commentary on the relevance of the EPBC Act provisions in 2050 (500 words) Return now to the year 2050 and the world you imagined in Part 1. Identify 3 key components of the world you imagined (for example, you may have imagined a world where mangroves are thriving, climate change is out of control and rich people are living relatively well). Label each of these three components positive, negative or neutral. Do not feel like you have one each of a positive, negative or neutral component i.e. these could be 3 desirable factors or 3 negative factors of your imagined world or some combination of positive, negative and neutral components of your desired world. Consider your analysis of the extinction prevention provisions of the EPBC Act in Part 1. For any identified negative components in your imagined 2050 set out what legal reform would be needed in the EPBC Act in 2021 to avoid these for the future. Conversely, for any identified positive or neutral components what legal reform would have needed to occur in the EPBC Act in 2021 to realise this in 2050? Criterion < 50%="" fail="" 51-64%="" pass="" 65-74%="" credit="" 75-84%="" distinction="" 85%="" +="" high="" distinction="" creativity="" writing="" contains="" many="" cliche="" ideas="" and="" an="" uninspired="" style.="" writing="" contains="" a="" few="" creative="" ideas="" but="" style="" is="" mostly="" uninspired.="" writing="" is="" somewhat="" creative.="" some="" new="" and="" imaginative="" ideas.="" good="" writing.="" writing="" is="" highly="" creative.="" new="" and="" imaginative="" ideas.="" very="" good="" writing.="" writing="" is="" extremely="" creative.="" ideas="" and="" style="" are="" refreshing="" and="" imaginative.="" talented="" writing.="" spelling="" and="" grammar="" there="" are="" so="" many="" spelling="" and="" grammar="" errors="" that="" it="" is="" difficult="" to="" comprehend="" the="" meaning.="" poor="" spelling="" and="" grammar="" muddle="" the="" overall="" effectiveness="" of="" this="" piece.="" there="" are="" a="" few="" spelling="" and="" grammar="" errors,="" however="" it="" does="" not="" take="" away="" from="" the="" overall="" quality="" of="" the="" writing="" assignment.="" proper="" use="" of="" spelling="" and="" grammar="" is="" employed="" consistently="" throughout="" the="" writing="" assignment.="" flawless="" spelling="" and="" grammar.="" word="" choice="" poor="" word="" choice="" and="" descriptions="" throughout.="" elementary="" word="" choices="" and="" many="" words="" misused.="" some="" good="" words="" and="" descriptions.="" some="" above="" average="" word="" choices="" however,="" many="" words="" are="" used="" inappropriately.="" appropriate="" words="" and="" descriptions="" throughout.="" many="" words="" are="" above="" average="" and="" used="" appropriately="" throughout="" the="" work.="" vivid="" words="" and="" descriptions.="" used="" well="" through="" the="" majority="" of="" the="" piece.="" inspired,="" vivid="" words="" and="" descriptions="" throughout.="" engaging="" vocabulary="" used="" excellently="" throughout="" the="" work.="" fluidity="" no="" attempt="" to="" create="" a="" rhythm.="" an="" obvious="" attempt="" to="" create="" a="" rhythm="" and="" flow.="" there="" is="" a="" rhythm="" and="" flow="" of="" language.="" there="" is="" a="" strong="" rhythm="" and="" flow="" of="" language.="" excellent="" rhythm="" and="" flow="" of="" language="" and="" logic.="" organisation="" no="" creativity,="" poor="" organisation="" attempted="" organisation="" of="" narrative="" through="" the="" piece.="" good="" organisation.="" clear="" narrative.="" very="" good="" organisation.="" very="" clear="" narrative.="" excellent="" organisation.="" strong="" narrative.="" microsoft="" word="" -="" marking="" rubric="" -="" pict111="" security="" in="" an="" age="" of="" risk="" criterion="">< 50% fail 51-64% pass 65-74% credit 75-84% distinction 85% + high distinction argument does not answer the question asked and/or provides an inadequate answer in terms of relevance, logic and consistency. some argument presented, but with weaknesses in relation to relevance, logic, consistency, coherence and sustainability. puts forward a competent argument which clearly answers the question asked – logical, consistent, coherent and sustained throughout the essay. some attempt to use relevant theoretical concepts. strong argument in terms of complexity, logic, consistency and coherence that clearly addresses the question and which makes good use of relevant theoretical concepts. argument which is highly complex, logical, consist, and engaging. shows a strong development of conceptual/theoretical points. critical analysis no real attempt at critical analysis of opposing viewpoints. highly descriptive. analysis at a largely descriptive level. does makes some attempts at critical analysis of opposing viewpoints but with deficiencies in terms of logic, rigor and fairness. good analysis of opposing views - logical, consistent and fair evaluation of opposing arguments. attempts to provide some original and creative contribution to debate. strong critical analysis, well evaluated in terms of logic, rigor and fairness. attempts to get behind the evidence via engagement with underlying assumptions. develops an original and creative contribution to debate. sharp and insightful critical analysis, excellent interrogation of underlying assumptions and contested concepts. highly original and creative contribution to debate. knowledge & understanding content based on shallow reading, demonstrates poor understanding of topic, substantial inaccuracies in knowledge. may paraphrase to an unacceptable level. work demonstrating a largely broad and descriptive knowledge of the relevant subject matter but with overall accuracy. tendency to over- paraphrase in parts. highly competent work showing a deep and accurate understanding of relevant theories, concepts. makes a good attempt to explain using own words. evidence of relatively wide reading. also attempts to apply theoretical knowledge. superior work showing in-depth and highly accurate knowledge of relevant subject matter. evidence of wide reading and understanding of theoretical concepts and a good attempt to apply this knowledge. exceptional in-depth knowledge of the relevant subject matter. provides a clear and complex explanation of theories and concepts using own understanding with a sophisticated attempt to apply this knowledge. evidence of very wide reading and insightful interpretation of evidence. evidence/ resources evidence used is largely irrelevant, arguments not supported by evidence, use of non-academic sources to an unacceptable level. evidence used is relevant to the question asked, on the whole, and provides support for the arguments made, but with some weaknesses. some use of relevant examples. use of scholarly sources most of the time. arguments supported by solid range of relevant academic/scholarly sources. good use of relevant examples. use of a wide range of highly relevant academic sources. insightful use of relevant examples. evidence clearly supports the arguments presented. use of a very wide range of highly relevant academic sources which clearly support the arguments presented. insightful and creative use of relevant examples. structure/ organisation inconsistent and illogical essay structure, purpose of large sections is unclear. poor use of sign-posting 50%="" fail="" 51-64%="" pass="" 65-74%="" credit="" 75-84%="" distinction="" 85%="" +="" high="" distinction="" argument="" does="" not="" answer="" the="" question="" asked="" and/or="" provides="" an="" inadequate="" answer="" in="" terms="" of="" relevance,="" logic="" and="" consistency.="" some="" argument="" presented,="" but="" with="" weaknesses="" in="" relation="" to="" relevance,="" logic,="" consistency,="" coherence="" and="" sustainability.="" puts="" forward="" a="" competent="" argument="" which="" clearly="" answers="" the="" question="" asked="" –="" logical,="" consistent,="" coherent="" and="" sustained="" throughout="" the="" essay.="" some="" attempt="" to="" use="" relevant="" theoretical="" concepts.="" strong="" argument="" in="" terms="" of="" complexity,="" logic,="" consistency="" and="" coherence="" that="" clearly="" addresses="" the="" question="" and="" which="" makes="" good="" use="" of="" relevant="" theoretical="" concepts.="" argument="" which="" is="" highly="" complex,="" logical,="" consist,="" and="" engaging.="" shows="" a="" strong="" development="" of="" conceptual/theoretical="" points.="" critical="" analysis="" no="" real="" attempt="" at="" critical="" analysis="" of="" opposing="" viewpoints.="" highly="" descriptive.="" analysis="" at="" a="" largely="" descriptive="" level.="" does="" makes="" some="" attempts="" at="" critical="" analysis="" of="" opposing="" viewpoints="" but="" with="" deficiencies="" in="" terms="" of="" logic,="" rigor="" and="" fairness.="" good="" analysis="" of="" opposing="" views="" -="" logical,="" consistent="" and="" fair="" evaluation="" of="" opposing="" arguments.="" attempts="" to="" provide="" some="" original="" and="" creative="" contribution="" to="" debate.="" strong="" critical="" analysis,="" well="" evaluated="" in="" terms="" of="" logic,="" rigor="" and="" fairness.="" attempts="" to="" get="" behind="" the="" evidence="" via="" engagement="" with="" underlying="" assumptions.="" develops="" an="" original="" and="" creative="" contribution="" to="" debate.="" sharp="" and="" insightful="" critical="" analysis,="" excellent="" interrogation="" of="" underlying="" assumptions="" and="" contested="" concepts.="" highly="" original="" and="" creative="" contribution="" to="" debate.="" knowledge="" &="" understanding="" content="" based="" on="" shallow="" reading,="" demonstrates="" poor="" understanding="" of="" topic,="" substantial="" inaccuracies="" in="" knowledge.="" may="" paraphrase="" to="" an="" unacceptable="" level.="" work="" demonstrating="" a="" largely="" broad="" and="" descriptive="" knowledge="" of="" the="" relevant="" subject="" matter="" but="" with="" overall="" accuracy.="" tendency="" to="" over-="" paraphrase="" in="" parts.="" highly="" competent="" work="" showing="" a="" deep="" and="" accurate="" understanding="" of="" relevant="" theories,="" concepts.="" makes="" a="" good="" attempt="" to="" explain="" using="" own="" words.="" evidence="" of="" relatively="" wide="" reading.="" also="" attempts="" to="" apply="" theoretical="" knowledge.="" superior="" work="" showing="" in-depth="" and="" highly="" accurate="" knowledge="" of="" relevant="" subject="" matter.="" evidence="" of="" wide="" reading="" and="" understanding="" of="" theoretical="" concepts="" and="" a="" good="" attempt="" to="" apply="" this="" knowledge.="" exceptional="" in-depth="" knowledge="" of="" the="" relevant="" subject="" matter.="" provides="" a="" clear="" and="" complex="" explanation="" of="" theories="" and="" concepts="" using="" own="" understanding="" with="" a="" sophisticated="" attempt="" to="" apply="" this="" knowledge.="" evidence="" of="" very="" wide="" reading="" and="" insightful="" interpretation="" of="" evidence.="" evidence/="" resources="" evidence="" used="" is="" largely="" irrelevant,="" arguments="" not="" supported="" by="" evidence,="" use="" of="" non-academic="" sources="" to="" an="" unacceptable="" level.="" evidence="" used="" is="" relevant="" to="" the="" question="" asked,="" on="" the="" whole,="" and="" provides="" support="" for="" the="" arguments="" made,="" but="" with="" some="" weaknesses.="" some="" use="" of="" relevant="" examples.="" use="" of="" scholarly="" sources="" most="" of="" the="" time.="" arguments="" supported="" by="" solid="" range="" of="" relevant="" academic/scholarly="" sources.="" good="" use="" of="" relevant="" examples.="" use="" of="" a="" wide="" range="" of="" highly="" relevant="" academic="" sources.="" insightful="" use="" of="" relevant="" examples.="" evidence="" clearly="" supports="" the="" arguments="" presented.="" use="" of="" a="" very="" wide="" range="" of="" highly="" relevant="" academic="" sources="" which="" clearly="" support="" the="" arguments="" presented.="" insightful="" and="" creative="" use="" of="" relevant="" examples.="" structure/="" organisation="" inconsistent="" and="" illogical="" essay="" structure,="" purpose="" of="" large="" sections="" is="" unclear.="" poor="" use="" of="">
Answered 11 days AfterApr 09, 2021Victoria University

Answer To: Environmental Law – LAWS8055 Assessment 1 – Analytical Research Essay 3500 words, Due Saturday...

Preeta answered on Apr 21 2021
142 Votes
Executive Summary:
The aim of this report was to discuss the inadequacy of Environment Protection and biodiversity conservation act (1999), which was originally implemented to protect the biodiversity and environment of Australia, it has failed to do so. Even after almost two decades from the passing of the act, Australia still rank fourth in the world in terms of extinct of critically endangered species.
The clauses of the act relate
d to the protection of biodiversity has been discussed, then the current situation related to the extinction of biodiversity in Australia has been discussed. Analysis has been made regarding the reason which led the act failing to do what it was intend to do. One of the main factors that was being found was that the clauses of the act is not followed properly. In many cases, which required prior permit to continue the act, no permit was taken in reality. The act also failed to address some of the issues like wildfire and climate change, which also contribute towards the extinction of species.
Contents
Executive Summary:    1
Introduction:    3
Environment Protection and Biodiversity Conservation Act (1999):    3
Extinction of biodiversity:    4
The adequacy of extinction prevention under the Environment Protection and Biodiversity Conservation Act (1999):    5
Recommendations:    7
Conclusions:    7
References:    9
Introduction:
The laws of the country, Australia has failed to solve the crisis of extinction in the biodiversity. As per 2019 report, Australia has ranked fourth in the world for the extinct of critically endangered species (IUCN 2019). It is high time that the country starts to take this seriously and act upon it by implementing some serious law. Even though Environment Protection and Biodiversity Conservation Act (1999), but that was not adequate clearly. Regional industries of agriculture, mining and increasing urbanization is largely contributing to the issues and corrective steps taken are not enough to make up for it.
The aim of this report is to discuss the ways in which clause of the Environment Protection and Biodiversity Conservation Act (1999) related to the protection of endangered species is not adequate to change the scenario. Challenges are still being faced by the country to protect the endangered species and adequate stricter laws and regulations are necessary for this. The existing jurisdiction process is highly complex and so changes are necessary by identifying legal opportunities so that the ecosystem can be recovered and the country can improve its position in extinction species chart. The changes need to be transformative in nature.
Environment Protection and Biodiversity Conservation Act (1999):
Part 13 of the act deals with the endangered species. The objective for this act has been set to attain certain objectives (Lewis and Harris 2020): to ensure that all the people in Australia follows the rules and regulations set by Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to protect the wildlife which might affected adversely with the ongoing trade, to promote conservation of biodiversity in Australia as well as in other countries, to ensure that the native wildlife of Australia is being used in an ecologically sustainable way for commercial utilization and export and to promote humane treatment of wildlife.
The ways which were suggested to enhance the protection of the biodiversity of the country and to attain the set objectives are (Cooney and Dickson 2012): to ensure that the native wildlife of Australia is being used in an ecologically sustainable way for commercial utilization and export and to promote humane treatment of wildlife; before approval is being made for the introduction of a live species to Australia, assessment is to conducted to analyse the potential impact that can be caused by that species to the environment of the country; at the time when permit is provided for the trade of Australian wildlife, assessment is to be made on the capacity for the activities specified to be damaging to the survival or recovery of the environment and biodiversity or damages it (including habitat and biodiversity); all the requirements specified in other parts of the act need to be fulfilled in order to provide permit on use of wildlife or its trade.
The act also specified that penalties will have to be incurred in any of...
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