Study-Unit Description

Study-Unit Description


CODE ERL2004

 
TITLE Basic Notions of Environmental and Planning Law

 
UM LEVEL 02 - Years 2, 3 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 4

 
DEPARTMENT Environmental and Resources Law

 
DESCRIPTION This study-unit introduces the student to the basic principles of environmental law and planning law. In doing so, it adopts a compare and contrast approach by counter-posing environmental and planning law, on the one hand, with other major legal streams notably administrative law, civil law and criminal law. It also explains the planning process as well as how the law protects the environment through the various institutions it establishes. The pertinent procedures relating to development planning, participation in environmental decision making and consultation and right of review are also discussed. This study-unit also examines the latest 2016 laws establishing the Planning Authority and the Environment Resources Authority.

Study-Unit Aims:

The study-unit aims to acquaint students with environmental law a specialised branch of law within the context of major legal streams such as administrative law, civil law and criminal law. Focus will mainly be upon the procedures relating to development planning, participation in environmental decision making and consultation and right of review with respect to the above. Special emphasis will be given to the principles of environmental law and policy and how they relate to other legal streams.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
- write about the governmental duty to provide access to environment information, public participation in decision making and provision of independent review of decision making in environmental matters;
- discuss the Basic Ethical Rights and Duties of the individual re the protection of the environment;
- acquaint himself/herself with substantive and procedural law specific to development Planning, Nature Conservation and Biodiversity and Pollution Control.

2. Skills:

By the end of the study-unit the student will be able to identify the applicable laws including the legal procedures used for the regulation of:
- development planning permits;
- the use of natural resources as a common good;
- implementation of sustainable development;
- responsibility for environmental harm;
- environmental information, public access to decision making and access to justice in environmental matters.
- Apply obligations and principles pertaining to horizontal and sectoral environmental legislation and how these relate to other disciplines.

Main Text/s and any supplementary readings:

Main Texts:

- Kevin Aquilina “Development Planning Legislation: The Maltese Experience.” Msida, Mireva Publications, 1999.
- Simone Borg and Louise Spiteri, Environmental Law in Malta, Kluwer Publications, The Netherlands, 2010.

Supplementary Readings:

- Kevin Aquilina “Decizjonijiet Dwar L-Ippjanar”. Sliema, Legal (Publishing) Enterprises, Gudja, 1995. (Volumes I to VIII consisting in the decisions delivered by the Planning Appeals Board).

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Assignment Yes 100%

 
LECTURER/S Christopher Attard
Simone Borg
Kenneth Cauchi
Robert Musumeci (Co-ord.)

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit