Energy Law is an elective subject in postgraduate programs offered by the Faculty of Law. Students enrolled in this subject will consider the issues, law and policy associated with energy in Australia. Given the current energy mix in Australia, there is a focus on petroleum (oil and gas) and the legal issues associated with the development of these resources. It also considers the downstream energy environment, with an examination of contracts related to downstream energy. Consideration is also given to Australia’s energy security, and the role and importance of renewable energy in Australia’s energy mix.
|Academic unit:||Faculty of Law|
|Subject title:||Energy Law|
Delivery & attendance
|Prescribed resources:|| |
|[email protected] & Email:||[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.|
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.
Assumed Prior Learning (or equivalent):
Juris Doctor students are expected to have completed a minimum of 80 credit points of compulsory law subjects.
|Restrictions: ?|| This subject is not available to|
Students must be admitted into a Masters Law degree OR LA-43040 Doctor of Legal Science (Research) OR be an approved Law Study Abroad OR Law Exchange student.
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Demonstrate knowledge of: a) fundamental concepts in relation to energy;b) different types of regulation and the role regulation plays in energy law; c) legal aspects of petroleum licences; d) the regulation of onshore and offshore petroleum operations; e) regulation and development of conventional and unconventional petroleum activities in Australia; f) Australia's energy security paradigm and the role of Australian gas markets; g) renewable energy law and policy in Australia, and the role of renewables in Australia's energy paradigm; h) the future of energy in Australia, including law and policy; and i) legal principles and method.
- Demonstrate the reasoning, research and communication skills to: a) reflect critically on legal theory and professional practice; b) investigate, analyse and synthesise complex information, problems, concepts and theories and apply established theories to practice; c) generate and evaluate complex ideas and concepts at an abstract level; d) justify and interpret theoretical propositions, methodologies, conclusions and professional decisions to specialist and non-specialist audiences; and e) design, research, evaluate, implement, analyse and theorise about developments that contribute to legal scholarship and professional practice.
- Demonstrate the ability to apply the above knowledge and skills: a) with creativity and initiative to new situations; b) with high level personal autonomy and accountability; and c) to plan and execute substantial research based projects.
|*Online Quiz ^||2 online quizzes (10% each)||20%||Ongoing||1, 3.|
|*Attendance||Attendance at all sessions||10%||Ongoing||3.|
|Written Report||7000 words research report||70%||Week 12||1, 2, 3.|
- ^ Students must pass this assessment to pass the subject
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
|High Distinction||85-100||Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.|
|Distinction||75-84||Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.|
|Credit||65-74||Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.|
|Pass||50-64||Usually awarded to students whose performance meets the requirements set for work provided for assessment.|
|Fail||0-49||Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.|
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Students must check the [email protected] subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Policy on plagiarism
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Introduction to energy law and policy: the concept of energy, the energy value chain, importance of energy, energy law as a discipline, concepts in energy law.
Theories of regulation - principle/objective based regulation vs prescriptive/rule-based regulation; concepts in regulation (eg. self-regulation, hands off regulation, industry regulation), and application of these concepts to energy law and regulation.
Despite Australia’s abundant energy resources, particularly gas, some parts of Australia experiences challenges in relation to energy security. Building on session 6, this session will consider the fundamental principles related to energy security, and the unique challenges that Australia faces in relation to energy security in the near, medium and long-term.
Australia has one of the most complex gas markets in the world, comprising both onshore and offshore, pipeline and Shipping. This session shifts the energy focus to gas, and the markets existing as a consequence of the uniquely Australian challenges and limitation.
Critically analyses the value and importance of renewable energy, and its importance in the energy balance in Australia, in light of Australia’s energy ‘papers’ (Green Paper and White Paper)
Provides and introduction and overview to the international legal regime related to the granting of access to petroleum resources. Will discuss the main upstream petroleum contract, the production sharing contract (PSC).
A consideration of the licensing and concession system, which is utilised in Australia. Also considers the issue of joint venture agreements. Also considers legal nature of a licence, and the legal culture reasoning for such characteristics. In this interactive session, participants will consider whether a licence is a property right, a mere administrative right or a combination of both. It will require a consideration of property law and constitutional law.
This session considers the fundamental constitutional arrangements for the regulation of onshore and offshore petroleum activities in Australia, which is unique. It considers the Petroleum Agreement of 1967, the Sea and Submerged Lands Case, the Offshore Constitutional Settlement, and the current framework.
Considering the framework that was implemented in the wake of Montana and Macondo offshore well blowouts, this session considers the practical nature of regulation of petroleum operations, particularly health, safety and environment.
Australia’s wealth of unconventional resources will be examined, and issues relating to the access and regulation of these resources, as well as critical financial considerations will be considered. Both shale gas and coal seam gas will be discussed, and the legal issues pertaining to the regulation of access and extraction will be considered in this session.