General Information
Energy Law is an elective subject in postgraduate programs offered by the Faculty of Law in which undergraduate students may be permitted to enrol. 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.
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Details
Academic unit: Faculty of Law Subject code: LAWS17-806 Subject title: Energy Law Subject level: Undergraduate Semester/Year: September 2022 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Mixed (Face-to-Face) Workload items: - Personal Study Hours: x12 (Total hours: 96) - Recommended Study Hours
- Seminar: x2 (Total hours: 12) - Seminar
- Directed Online Activity: x6 (Total hours: 12) - Online Modules
Attendance and learning activities: -
Resources
Prescribed resources: Books
- Hunter, Tina and Chandler, John (2013). Petroleum Law in Australia. n/a, Lexis Nexis
iLearn@Bond & Email: iLearn@Bond 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
Class recordings: The primary workload items for this subject will be recorded for the purpose of revision.
These recordings are not a substitute for attending classes. Students are encouraged to attend all sessions as there may be instances where a session is not recorded due to the presence of a guest speaker, the inclusion of sensitive or protected content, or technical issues. Students are advised not to rely solely on these recordings for revision.
See the Recording policy for further details.
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS17-806 |
| Subject title: | Energy Law |
| Subject level: | Undergraduate |
| Semester/Year: | September 2022 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Mixed (Face-to-Face) |
| Workload items: |
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| Attendance and learning activities: |
| Prescribed resources: | Books
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|---|---|
| iLearn@Bond & Email: | iLearn@Bond 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 |
| Class recordings: | The primary workload items for this subject will be recorded for the purpose of revision. These recordings are not a substitute for attending classes. Students are encouraged to attend all sessions as there may be instances where a session is not recorded due to the presence of a guest speaker, the inclusion of sensitive or protected content, or technical issues. Students are advised not to rely solely on these recordings for revision. See the Recording policy for further details. |
Enrolment requirements
| Requisites: |
Nil |
|---|---|
| Assumed knowledge: |
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):
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| Restrictions: |
Nil |
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, icluding law and policy; and i) legal principles and method.
- Demonstrate the reasoning, research and communication skills to: a) engage critically with historical and current debates in philosophy of law; b) understand, analyse and critique philosophical arguments relevant to law; and c) understand, analyse and critique appeals to legal and ethical theories in legal advocacy and 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) with an awareness of ethical responsibilities and context.
- Demonstrate: a) knowledge of principles and methods of legal research and critical reasoning; b) the reasoning and communication skills to engage in effective legal research and writing on theoretical topics; and c) the ability to plan and execute a substantial research based project.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
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Assessment details
Type Task % Timing* Outcomes assessed Written Report 7000 words research report 70% Week 12 1,2,3,4 Student Engagement Attendance and engagement at all sessions 10% Ongoing 3 Computer-aided Test (Open) 2 online quizzes (10% each) 20% Ongoing 1,2,3 - * 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.
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Assessment criteria
Assessment criteria
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. Quality assurance
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.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| Written Report | 7000 words research report | 70% | Week 12 | 1,2,3,4 |
| Student Engagement | Attendance and engagement at all sessions | 10% | Ongoing | 3 |
| Computer-aided Test (Open) | 2 online quizzes (10% each) | 20% | Ongoing | 1,2,3 |
- * 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.
Assessment criteria
| 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. |
Quality assurance
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.
Study Information
Submission procedures
Students must check the iLearn@Bond 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.
Academic Integrity
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.
Bond University utilises Originality Reporting software to inform academic integrity.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.
Additional subject information
IMPORTANT: Successful completion of this law elective cannot be credited towards future postgraduate studies.| Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research. | This subject may contain content that some students may find distressing, disturbing or culturally challenging. Students with concerns about the content of any subject are encouraged to discuss this with their teacher and consider how best to prepare themselves to study challenging material in a way that is appropriate for them.
Subject curriculum
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Introduction to Energy Law
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. Includes introduction to petroleum as a source of energy.
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Principles of Regulation and their application
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. This module also examines the statist vs market approaches to regulation of energy and petroleum.
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International Instruments in Petroleum and Energy Law
Provides and introduction and overview to the international legal regime related to energy law and petroleum law, including in the Arctic. It considers the concept of Lex Petrolea.
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Licensing and Concession Systems
A consideration of the licensing and concession system, which is utilised in Australia, and joint venture agreements. Also considers legal nature of a licence, and the legal culture reasoning for such characteristics. In examines whether a licence is a property right, a mere administrative right or a combination of both.
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Legal framework for offshore energy activities
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, UNCLOS, and the current framework. It also considers Australia’s oil spill response planning under the international legal framework READING: WHITE.
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Unconventional petroleum resources
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.
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Regulation of offshore energy activities: safety environment
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.
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Decommissioning of Energy Assets
Identifies and discusses the main concepts in the decommissioning of energy assets. Will undertake a comparison of the North Sea and Australia, and also examine how some companies are attempting to use old oil and gas assets for new forms of energy.
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Energy security: Australia and its place in the world
Despite Australia’s abundant energy resources, particularly gas, some parts of Australia are experiences challenges in relation to energy security. This module examines 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.
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Australian Gas Markets
This module focuses on gas exploitation, export, and markets, including the east coast gas crisis, The Australian Domestic Gas Security Mechanism, and gas reservation policies. It will also include a consideration of the new gas-led Australian manufacturing recovery.
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The Energy Transition
This module focuses on the causes and consequences of climate change, focusing on Greenhouse gasses and global warming. In particular it examines fossil fuels and GHG emissions from both an Australian and global perspectives (IEA and ARENA).
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Variable Renewable Energy in the Energy Transition
This module focuses on the challenges and opportunities as we embrace the shift to Low Carbon Energy (LCE), and particularly the role and impact of renewable energy in the National Energy Market.