Graduate Diploma in Energy and Resources Law

Australia is one part of a global movement toward clean energy, including energy generation, supply chains and transportation.

The kinds of projects being delivered are diverse, including those required to produce clean energy, and all ‘supporting’ projects crucial to the energy transition such as storage and mining. A few examples include:

• ‘big batteries’, both artificial (such as lithium-ion battery terminal stations), natural (such as pumped hydro) and hybrid (such as compressed air energy storage) storage solutions
• hydrogen generation and supply chains
• ancillary industries including electrolyser manufacturing and ammonia production facilities
• wind farms, both onshore and offshore
• industrial scale solar arrays
• carbon capture and storage technologies
• increased transmission interconnectivity, including overland transmission lines and subsea transmission cables
• projects which combine these elements (eg solar or wind farms in a remote location, linked to the place of supply by subsea cables).

The law (private and public) and practice relating to the successful planning, procurement, risk allocation and delivery of these projects is equally diverse and evolving. Certain aspects of that law and practice is unique to Australia, however Australia's clean energy future is part of global technological ecosystems and supply chains, and global trends continue to influence the legal and practical issues arising from these kinds of projects.

This subject seeks to provide students with an understanding of the private and public law affecting these projects individually, and the overarching themes that connect these projects as part of a global trend.

This subject seeks to equip lawyers and industry professionals with the expertise required to provide appropriate advice, or suggest regulatory reforms, in relation to projects in the clean energy transition. In particular, it will explore the issues which arise due to the untested technologies implemented in this transition, a new and evolving landscape of regulatory frameworks, and ancillary issues such as supply chain security, local community engagement and the rise of governments mandating ‘friend-shoring’.

The subject will take students through a life cycle of a clean energy project from initiation through to resolving disputes and decommissioning.

Indicative list of principal topics:

• Introduction to the clean energy transition and overview of the kinds of projects that are involved.
• Project funding, equity and ownership structures, insurance issues on projects involving nascent international supply chains and cross-border joint ventures.
• Planning, approvals and environmental regulation, and project envelope, including various Australian state/territory and Commonwealth environmental and planning regulatory regimes, land rights and water access issues, and potential application of royalty regimes.
• Procurement and contracting models, risk allocation issues and delivery risks on a project type-by-type basis, including hypothetical risk scenarios and lessons learned from Australian and international jurisprudence.
• Transmission and connectivity issues, such as high-voltage above ground transmission, subsea cables, trucking and pipeline reform, such as State-based pipeline legislation and Commonwealth Heavy Vehicle National Law and Regulations.
• OH&S framework, including Safety on-site: construction sites, sites involving handling of dangerous substances, and Australian state/territory-based dangerous goods legislation.
• International investment and trade, including Investor-state dispute settlement and international shipping standards for nascent assets (eg, liquified hydrogen) and the UN Convention on the Carriage of Goods by Sea.

Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide.

View detailed information in the Handbook

Climate change is a pressing environmental, economic and social problem. Global warming is predicted to have wide-ranging impacts, and it presents enormous challenges for conventional models of law and socio-economic governance due to its pervasive character, long-term effects and the need for dynamic change in many of the fundamental areas of life. This subject examines the challenges for law in driving that change, from the United Nations Framework Convention on Climate Change (UNFCCC) and its associated Paris Agreement, to international trade, climate finance and litigation, to federal and state legislative responses, through to local effects including relating to Indigenous peoples. The lecturer is active in research and advice in climate change law and governance in the international and domestic law spheres.

Indicative list of principal topics:

• The scientific basis for global warming and physical impacts of climate change
• The international legal framework, including the UNFCCC, Kyoto Protocol, Paris Agreement and associated international instruments
• Social and cultural impacts and legal responses, such as human rights protection
• Climate finance and schemes for reducing emissions from deforestation and forest degradation (REDD).
• The role of the World Trade Organization (WTO) in climate change governance, particularly with respect to renewable energy technologies and the disciplining of fossil fuel subsidies
• The interaction of climate change regimes with other international law frameworks; eg World Heritage, refugee law, human rights and security
• The federal legislative framework for climate change mitigation and adaptation, including direct action plans, market mechanisms and carbon trading
• State-based legislative and regulatory responses to climate change
• Bio-sequestration and carbon capture and storage
• The nature of climate change litigation

View detailed information in the Handbook

Climate change is increasingly necessitating systemic change to the structure of the global economy and financial system. This subject will examine the interaction between climate change law and policy and these systemic changes. It considers a range of legal, policy and financial tools that governments around the world have used to try and manage responses to climate change, such as carbon pricing, green fiscal spending, climate risk disclosure and emissions regulations. It critically evaluates these legal, financial and policy approaches, and the economic theory underpinning them.

Our subject introduces students to these climate change legal and policy approaches through case studies across different themes (carbon markets, sustainable finance, energy, transportation) and geographies. Guest speakers with legal, sustainable investment and public policy backgrounds will join the course to speak to some of these case studies. By drawing together economic theory and practitioner-informed case studies, we will provide students with the knowledge, tools, and networks to critically assess and participate in the future development of regulatory regimes, policies and financial mechanisms which might help arrest global warming.

Indicative list of principal topics:

• An introduction to climate science,
• Key debates in climate change economics
• International and domestic law frameworks
• Market-based legal mechanisms: pricing carbon externalities
• Information based regulatory approaches to carbon emissions
• Emerging legal risks – greenwashing, climate litigation and investor actions
• Green industrial policy, state-owned enterprises and innovation ecosystems
• Emissions caps, performance standards and other forms of regulation

View detailed information in the Handbook

The energy transition – a key plank in achieving Australia's net zero targets – represents a generational challenge for energy markets.

Transitioning Australia's energy system to renewable energy and storage involves a complex group of stakeholders, with policy makers, regulators, investors, energy providers and consumers grappling with multiple – often conflicting – objectives.

This subject aims to give students a clear understanding of the structure and principles of Australia's energy markets in the context of achieving the energy transition. Focusing on the Australian electricity sector, it will examine the foundations of our energy markets and the pathway for renewable energy, together with the nature and scale of the energy transition and current policy debates.

Key legal elements of the subject include the structure and legal framework for the electricity supply industry and markets, the legal framework supporting investment in renewable energy, principles and policy frameworks underpinning the energy transition, the role of government and electricity market reform initiatives.

This subject has an Australian-focus and is aimed at students with an interest in energy law and legal practice, energy markets, energy regulators and energy policy and reform.

Indicative list of principal topics:

• The structure of, and key participants in, the electricity supply industry across generation, transmission and retailing

• Legislative and regulatory framework for the National Electricity Market, including market bodies and rulemaking

• Key principles of the wholesale and retail electricity market, including typical wholesale market contracting and trading

• The legal framework for investment in renewable energy and storage

• The nature, scale and objectives of the energy transition

• Key principles underpinning the development of renewable energy and storage, including government support contracts

• Key principles in the regulation of electricity transmission systems, including regulated pricing, open access principles and renewable energy zones

• Legal principles and policy frameworks underpinning energy transition steps, including the role of government

• Legal issues in implementing a just transition

• Current electricity market policy debates and reform initiatives

View detailed information in the Handbook

This subject examines legal aspects of entertainment, an industry that has become largely internationalised. Technology now allows even local performers and distributors to reach audiences around the world, raising important issues and questions about which law applies in which jurisdictions. While some of these legal issues can be addressed in advance through agreements, doing so requires lawyers to have a firm grasp of the legal options available across multiple legal systems.

Consider the performer Rosé, born in New Zealand and raised in Australia. She is a member of the globally active K-Pop group Blackpink based in South Korea. As a group member and a solo artist, she operates across a range of legal environments and activities. Her legal team, and the lawyers for those with whom she works, must navigate complex international choice-of-law questions.

This subject pays particular attention to the United States, given its significant influence on global entertainment practices, while also examining questions of law in Australia and other jurisdictions. Case studies and examples are drawn from the fields of music, book publishing, visual and performing arts, and the various digital and physical media through which artistic content is distributed.

A central theme will be the relationship between artistry and industry – how creative expression is supported, shaped, and constrained by commercial imperatives. Entertainment lawyers typically represent either the artists or the business interests behind their work. The two sides’ short-term goals may differ, but they share the ultimate goal of bringing creative works to audiences while generating enough revenue to sustain the process.

Indicative list of principal topics:

• Distinction between the artistic entity (example: a band) and the legal entity (example: a partnership)
• Stakeholders inside and outside the industry, including fans
• Intellectual property and misappropriations: copyright and neighboring rights, moral rights, trademark rights, publicity rights, passing off, trade secret protection, and unfair competition
• Contracting in the entertainment industry such as licensing, joint ventures, publishing, concert touring, and character merchandising
• Technological developments, especially those involving digitalization and online platforms
• Jurisdictional questions and choice-of-law issues
• Privacy and publicity: what’s the difference? Do all countries treat them the same?

View detailed information in the Handbook

Environmental law deals with pressing legal and social issues within Australia and internationally that range from biodiversity protection to waste reduction. This subject provides an overview of fundamental environmental law concepts and principles, such as the precautionary principle. It charts the evolution of Australian environmental law in response to global environmental challenges, such as climate change, as well as national regulatory reforms. The subject equips students with a thorough grounding in environmental impact assessment law by reference to the Environment Protection and Biodiversity Conservation Act 1999 (Cth). It examines the regulatory tools and approaches relevant to pollution control and ecological protection– including market mechanisms and offset models. This subject introduces international environmental law; dealing with issues such as trans-boundary harm and World Heritage protection, that have shaped Australian environmental law.

Indicative list of principal topics:

• The scope of environmental law – nationally and internationally – including transboundary regulation.
• The multidisciplinary character of environmental law and regulation that needs to respond to complex, multilevel environmental problems.
• The diversity of environmental law approaches from the common law through direct regulation to market measures and community engagement.

These themes are illustrated by case studies in the following areas:

• Environmental law: Principles and concepts
• Environmental actors, including public interest litigation with a focus on biodiversity protection
• The procedures and substantive law governing impact assessment and development approvals.
• Legal and regulatory tools used in environmental law, including duty of care concepts in pollution laws.
• The interaction of law and science, with a focus on the precautionary principle
• Implementation, compliance and enforcement in Environmental Law
• International environmental law, including biodiversity protection, world heritage cases and climate change governance.

View detailed information in the Handbook

In national legal systems, much of environmental law consists of legislative schemes. To practice environmental law requires a mastery of public law. This subject introduces students to the public law skills needed to work in the specialised field of environmental law. The subject focuses on environmental laws in a range of common law jurisdictions and the skills that the course fosters can be deployed in any legal system. Each topic is taught through in-depth focus on legal materials, particularly case law.

Indicative list of principal topics:

• A basic framework of environmental law
• The distinctive nature of different types of environmental problems and how those features require the development of a particular type of legal expertise.
• The role that law (legislation and common law) plays in framing and defining environmental problems and the legal significance of this.
• The classic types of legal obligations and duties in environmental law and how they are enforced.
• The ways in which environmental law gives rise to a range of public law questions concerned with constitutional and administrative governance.
• The types of legal and other disputes that environmental law gives rise to and the implications for courts and tribunals
• How accountability in environmental law operates.
• Each topic is taught through a focus on a particular topic in environmental law including climate change, water quality, waste, environmental assessment, natural resource management, air quality, and nature conservation.

View detailed information in the Handbook

Impact investing is a hot topic, championed as well as vilified globally. From charities to large fund managers, investors are looking beyond purely financial returns to tangible and sustainable impact. What does it take to be a responsible investor? What is the role of a lawyer with an impact fund, and what are the responsibilities of investors and managers? This subject explores both responsible and impact investing, highly dynamic and urgent topics in the transition to net zero and the challenge of the sustainable development goals.

The subject has a distinctly practical approach and is designed to assist students in developing the skills to assess, prioritise and negotiate impact transactions. We dig into the structuring, negotiation and documentation of impact investing across a broad spectrum, ranging from venture capital, direct and co-investments to managed equity funds. We also explore challenging and live legal topics such as corporate responsibility, fiduciary duty, disclosure obligations and impact washing.

Special attention is dedicated to how investors can generate meaningful and sustainable change in their engagement with investee companies and impact funds. Seasoned practitioners from across the market provide their insights as part of a valuable diversity in perspectives.

Indicative list of principal topics:

• Exploring impact and sustainability across private equity in the broadest sense, from venture capital and direct investments to managed funds.
• The wave of (hard and soft) relevant regulation, taking our cue for instance from EU sustainable finance directives on corporate responsibility and disclosure, to public policy and increasingly principles and best practices driven by market participants.
• Engagement of responsible (as well as activist) investors with investee companies and impact funds.
• Investor stewardship to help and drive change.
• The role of major institutional investors and sovereign wealth funds alongside NGOs.
• Reviewing and critiquing impact funds in practical case studies, lessons learnt from recent failures, and the toolbox of the responsible investor.
• Challenges to the credibility and growth of the impact investment market, and the role of market supervisors.
• The risk of ‘impact’ washing litigation for both investors and managers and how to mitigate or exploit it.

View detailed information in the Handbook

This highly topical subject analyses the rights of Indigenous peoples in Australia, Canada, the United States and New Zealand. Topics are discussed within a framework of encounter and include land and resource rights; doctrine of discovery; Aboriginal title; human rights; treaties; role of cultural institutions in state narratives; and constitutional freedoms. The subject is taught from a critical perspective, comparing and assessing law’s responses to and attempted control of Indigenous peoples in a global context.

Indicative list of principal topics:

• History of the concept of Aboriginal title and the doctrine of discovery
• Concepts of sui generis agreement-making between Indigenous peoples and governments
• Encounters between governments, public cultural institutions, and Indigenous peoples
• Implications of government constitutional obligations and Indigenous rights
• Overview of current practices
• Human rights and their influence on Indigenous rights

View detailed information in the Handbook

International commercial arbitration is the most important method globally for resolving cross-border commercial disputes. The focus of this subject is on the basic principles of international commercial arbitration law and is taught from the perspective of both the practitioner advising clients and the scholar interested in advanced research. There will be a particular focus on the desirability of arbitration compared with other dispute resolution methods, the relationships between the courts and arbitrators, drafting techniques and developments in Australia and other countries.

Indicative list of principal topics:

• The nature of international arbitration
• Applicable law in international arbitration
• The Australian procedural regime and an introduction to the UNCITRAL Model Law
• Enforcing international arbitration agreements
• Appointment and qualifications of arbitrators
• Misconduct of arbitrators
• Privacy and confidentiality
• Enforcement and challenge of awards.

View detailed information in the Handbook

Newspaper headlines frequently concern global economic issues, from trade disputes between countries and investment claims by foreign investors against sovereign states, to countries facing balance-of-payments crises and seeking assistance from the International Monetary Fund (IMF).

This subject examines the law governing global economic issues. It is designed both as a comprehensive introduction in its own right to this important field, as well as a foundation for further exploration through specialist subjects in the curriculum.

We begin with a focus on international trade law, particularly the rules and dispute settlement procedures of the World Trade Organization (WTO). It then discusses contemporary developments in international trade law and policy, including the negotiations for regional or bilateral preferential trade agreements. We then consider international investment law, examining key substantive obligations relating to investor protection and investor-state dispute settlement mechanisms (particularly through the International Centre for Settlement of Investment Disputes (ICSID)). Finally, the subject provides an introduction to the lending policies and practices of international financial institutions, particularly the IMF and the World Bank.

View detailed information in the Handbook

International environmental law is the field of public international law concerned principally with the protection of the natural environment. It is a vitally important branch of international law, seeking as it does to safeguard the environment on which humanity depends for its very existence. International environmental law seeks to integrate the activities of diverse actors — states, international organisations, businesses, communities and non-government organisations (NGOs) — and uses a wide range of legal tools (including economic instruments and participatory mechanisms) to address pressing environmental concerns. This subject explores the critical governance and regulatory dimensions of international environmental law, as well as introducing you to cases and treaties that have been pivotal to the development of this area of international law. The lecturers in the subject are international environmental law experts, with both academic and practical experience in the field, which will be drawn into the delivery of a stimulating and relevant subject.

Indicative list of principal topics:

• The need for international environmental law and its historical development
• Fundamental principles and concepts necessary for an understanding of international environmental law, eg sustainable development, precautionary principle and 'polluter pays' principle
• The principal institutions and actors involved in the creation, implementation and enforcement of international environmental law
• The principal cases and treaties that have been influential in the development of international environmental law
• Current issues of concern in international environmental law, including atmospheric pollution and climate change, the protection of the oceans, species protection and biodiversity as well as environmental issues relevant to finance, human rights and international trade.

View detailed information in the Handbook

The law of the sea relates to the allocation of jurisdiction and peaceful uses of the seas and oceans, the equitable and efficient utilisation of marine resources, and the study, protection and preservation of the marine environment. Historically concerned with the ‘freedom of the seas’ for sovereign states, the law of the sea must also address contemporary and emerging challenges such as climate change, marine species preservation, pollution, overlapping territorial claims and national security. The overarching legal regime of the United Nations Convention on the Law of the Sea (UNCLOS) is supplemented by specific agreements as well as market techniques and supply chain oversight. This subject provides an overview and critique of the established and newly forming international regimes – and their interaction – and is informed by an institutional approach that acknowledges the influence of dispute settlement systems, non-state participation and transnational and administrative practices. The lecturers have published widely on fisheries law, trade law, the law of the sea and on the interaction between international legal regimes.

Indicative list of principal topics:

• The Law of the Sea Convention and associated instruments, including the Fish Stocks Agreement
• Divisions of jurisdiction within the Law of the Sea, including key notions of the territorial sea, exclusive economic zones (EEZ), areas beyond national jurisdiction (high seas) and the sea-bed area
• Regime of straits
• The International Maritime Organization and regulation of global shipping.
• Critical marine infrastructure (cables and pipelines).
• The Agreement on the Conservation and Sustainable Use of Biodiversity in Areas Beyond National Jurisdiction (BBNJ Agreement).
• Seabed mining in the AREA and related issues.
• Climate Change and the Ocean.
• The Convention on the International Trade in Endangered Species (CITES) and other multilateral environmental agreements (MEAs).
• Marine pollution, including microplastics.
• Relevant dispute settlement bodies, including the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), arbitral bodies and the WTO.
• Advisory Opinions addressing law of the sea, including whaling.

Other topics may include:

• Marine protected areas, including efforts to create a new legally binding international agreement on Biodiversity Beyond National Jurisdiction (BBNJ)
• Freedoms of the seas in contested areas of jurisdiction (such as Sea Shepherd and Greenpeace’s Arctic Sunrise)
• Overlapping maritime claims such as the ruling on the South China Seas issued by an arbitral tribunal based at the Permanent Court of Arbitration
• The role of indigenous rights, subsistence and artisanal practices
• Selected regional approaches to fisheries management
• The influence of legal approaches to climate change, especially with respect to low-lying island coastal states.

View detailed information in the Handbook

The delivery of major infrastructure, energy and resources projects is an organic process which involves multifaceted interactions with the law. In this subject, students will gain insights into the way that advising on such projects involves navigating an often-challenging intersection of construction and regulatory systems, drawing on aspects of property law, environmental law, native title, finance, banking and commercial law.

Students will also engage with the need for reform in major project delivery, with the cost of project delivery in Australia already prohibitive and globally uncompetitive.

The subject will examine how major energy and resources projects are defined, designed, structured and developed, the pressure points for successful and cost-efficient project delivery in Australia, and the areas where conflicts and disputes emerge and how they are managed.

Indicative list of principal topics include:

• Project scoping from feasibility to design, including examination of recent studies on procurement practices and a simulated workshop on procurement models and how they respond to risks and opportunities
• Overview of regulatory approval frameworks and the social license for major project delivery, including a case study-based discussion of the interaction of such frameworks with construction document development and management
• Project delivery models and frameworks in the energy and resources sector
• Examination of leading causes of project stress and failure, including the need for proactive planning and strategies
• Interactive case study where students collaboratively examine particular aspects of project design and execution
• Current approaches to dispute management in major project delivery, including exercises examining common problems encountered in drafting dispute resolution clauses in project documentation, as well as a discussion of contemporary and innovative approaches to dispute management and avoidance in major projects.

Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide.

View detailed information in the Handbook

This subject examines the law applicable to planning and development projects within Victoria. A detailed analysis of the Planning and Environment Act 1987 (Vic) and its application will be supplemented by an examination of the various political, environmental, social and economic aspects that bear upon decision-making under the Victorian planning system. The subject will also address the interaction of the Victorian planning system with a number of other statutory processes relevant to the development of land within Victoria, including those contained within the Environment Protection Act 1970 (Vic) and the Subdivision Act 1988 (Vic).

Indicative list of principal topics:

• The conceptual framework for planning law in Victoria
• Evaluation of the various components of the Victorian planning regime, focusing on the operation of the Planning and Environment Act 1987 (Vic) and the Victoria Planning Provisions
• The role of key actors under the Victorian planning regime (such as the Victorian Minister for Planning and municipal councils) and the key processes established under the regime
• The review of decisions made under the regime (both in the Victorian Civil and Administrative Tribunal and the Supreme Court of Victoria) and the powers available to relevant planning authorities under the Planning and Environment Act 1987 (Vic)
• Particular problems that arise in the Victorian planning system such as the fair and equitable distribution of undesirable land uses, the limitation of urban sprawl within metropolitan Melbourne, the appropriate level of public participation in decision-making processes, and the need to deliver sound planning outcomes in a timely and efficient manner
• The key processes under the Planning and Environmental Act 1987 (Vic).

View detailed information in the Handbook

This subject is an introduction to the foundational principles and rules of the public international legal order. It is designed to provide students with an understanding of the key concepts of international law, its history and contemporary relevance, sources of international law and the role of some key international institutions, such as the United Nations (UN). The subject is grounded in both theory and practice in order to consider how international law works in shaping and dealing with a range of global issues, including the creation, recognition and sovereignty of states, self-determination of peoples and the use of force in international relations.

Using contemporary examples and case studies which address recent and current developments, students will critically evaluate the position and relevance of international law in international politics and society.

The teaching integrates both content and skills in advanced legal research and writing. We will purposefully introduce students to the practices and protocols of advanced study in international law, as well as to the specialised knowledge and skills required of studying at postgraduate level in the Melbourne Law Masters.

Indicative list of principal topics:

• The nature, purpose and language of international law;
• Sources of international law;
• International legal personality, statehood and sovereignty;
• Jurisdiction of states and jurisdictional immunities;
• The responsibility of states for violations of international law;
• Peaceful settlement of disputes and the functions of the International Court of Justice; and
• Regulation of the use of force in international relations (jus ad bellum).

Important information about this Subject

This subject is a pre-requisite for many other international law subjects in the Melbourne Law Masters. We recommend full-time students enrol in this subject when they first start their program of study. For part-time students, International Law (LAWS70173) is the alternative five-day intensive offering.

All students enrolled in the following internationally focussed courses are strongly recommended to take either LAWS90295 Principles of International Law or LAWS70173 International Law (if you don't already have prior professional or educational background in public international law):

• Master of Environmental Law
• Master of Human Rights Law;
• Master of Law and Development;
• Master of Public and International Law;
• Graduate Diploma in Environmental Law
• Graduate Diploma in Human Rights Law
• Graduate Diploma in Environmental Law
• Graduate Diploma in International Law.

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook

Project finance is the financing of major projects. It often takes the form of a financing arrangement under which the monies raised for a project are repaid primarily from the project’s cash flow, with the project’s assets held as collateral. It enables the sponsor of a project to arrange financing with no recourse, or limited recourse, to the sponsor’s balance sheet. Project finance is complex in view of the number of parties involved, the security that is taken over the project’s cash flow and assets, the nature of the rights that are exercised by the lenders in respect of the project generally and the cross-border character of stakeholders. Project finance lawyers need to have an in-depth understanding of both the legal issues that arise as well as the commercial and operational aspects of the project.

The lecturer is a leading practitioner in this area and will introduce students to the key legal, contractual and structural issues concerning major projects and project finance, and analyse these issues in the context of a number of case studies in the mineral, energy and infrastructure sectors.

Indicative list of principal topics:

• Characteristics of suitable projects
• Characteristics of project financing in Australia
• Project financing techniques
• Identification of risk and techniques for allocation of risk
• Structuring financing requirements for a project
• Contractual arrangements
• Project financing default and remedies
• Case studies of project financing in mineral, energy and infrastructure sectors.

View detailed information in the Handbook

Private sector involvement in the financing, delivery and operation of public infrastructure is nothing new; it is, however, constantly evolving. The public appetite for social and economic infrastructure is insatiable, yet must constantly be tempered by economic constraints. Alongside the increasingly sophisticated and internationalised market for funding and technical capacity, there has been in recent years a renewed focus upon the policy bases for public private partnerships (PPPs) by governments and the broader community. Navigating all this in its legal context is one of the great ongoing challenges faced by the infrastructure industry and its legal advisers. This subject is designed to equip students to respond to this challenge.

Indicative list of principal topics:

• Historical perspectives on private involvement in the delivery of public infrastructure, how it has changed over time and lessons learnt.
• The PPP family, and the different categories of PPPs within the family.
• The differing objectives of the various participants in a PPP.
• The benefits and challenges associated with privately financed PPPs, and how PPPs can be improved.
• The role of Australian governments (Federal, State and Territory) in PPPs. How PPP policies fit within the broader government policy framework for investing in and managing infrastructure assets.
• The role of government in developing nations in creating a PPP enabling environment.
• Funding and financing mechanisms, including government funding, private finance and value capture.
• PPP risk allocation, including how it is evolving in response to current trends and pressures in the Australian market.
• The matrix of contractual documents required for a privately financed PPP, including Government Project Agreements, Debt Financing Document, Equity Documents, Sub-Contracts, Tripartite Deeds, Interface Agreements and the like.
• The procurement process for PPPs, including how to manage a PPP bid.
• Dispute resolution on PPP projects, including linked claim provisions and equivalent project relief provisions.
• Other legal issues unique to PPPs including the legal enforceability of abatement regimes, the application of security of payment legislation, ipso facto provisions, transparency and disclosure obligations.
• Managing PPP contracts through the delivery, operation and handback phases.

Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide.

View detailed information in the Handbook

The exploitation of mineral and petroleum resources involves substantial risk. The resources joint venture provides a commercial opportunity to manage this risk. It is a particular legal relationship: an association of persons (natural or corporate) to engage in a common undertaking to generate a product to be shared among the participants. Management of the undertaking is divided: the participants determine some matters by agreement at the outset of the relationship; the power to determine other matters is vested in a committee on which the participants are represented and entitled to vote; a manager (or operator) is appointed by the participants to conduct agreed activities, on their behalf, within the scope of the common undertaking (exploration, development production).

This subject examines the legal issues involved in this complex relationship, together with ancillary transactions (such as farmouts). In doing so, it considers the capacity of the common law to respond to commercial imperatives. It also evaluates the effectiveness of legal documentation employed in establishing the joint venture relationship.

The lecturer, a former Dean of Melbourne Law School, has published extensively in the fields of energy and resources law and served as President of the Australian Mineral and Petroleum Law Association.

Indicative list of principal topics:

• Statutory titles, government agreements and production-sharing agreements
• Farmouts
• Joint ventures and operations
• Unit development
• The operator/manager
• Fundamentals of contract law and property law
• Assignment
• Liability
• Default
• Disclosure and confidentiality
• Sole risk
• Termination
• Codification.

View detailed information in the Handbook

Chemicals have reconfigured the material foundations of our economies. Yet an unintended consequence has been the widespread toxification of the planet and the growing chemical burden on our bodies. Exposure to hazardous substances presents serious risks to both human and environmental health. In response, the international community has developed a range of legal instruments targeting specific threats, and most countries have enacted laws and regulations to control pollution and to manage chemicals and waste.

In this subject, we explore the evolving international and comparative legal landscape of this ‘chemicals and waste’ cluster. We will provide insights into global governance processes, accountability mechanisms as well as opportunities for legal reform - including the main international treaties, non-binding instruments, ongoing international negotiations, and national level laws and regulations.

Drawing on the teacher’s experience as the UN Special Rapporteur on toxics and human rights, the subject also examines environmental harm and the human rights dimension, including access to information, participation in decision-making, and justice in cases of toxic exposure. Students will engage with real-world case studies—such as litigation over PFAS, shipbreaking, and gold mining—and develop practical skills to advise stakeholders across public, private, and civil society sectors.

Indicative list of principal topics:

• Transboundary movement of hazardous waste and the Basel Convention
• Persistent organic pollutants and the Stockholm Convention
• International trade in chemicals: Rotterdam Convention and current reform proposals
• Mercury governance under the Minamata Convention
• The human rights dimensions of toxics, including jurisprudence and the right to a healthy environment
• Litigation and accountability: a ‘toxic tort’, human health and environmental justice
• Emerging developments: Adoption of the Global Framework on Chemicals and plastics treaty negotiations

View detailed information in the Handbook

Water law and natural resources management are fundamental to human society, environmental protection and economic productivity. Legal rules around water are found in all societies. Water is both a human right but also a source of conflict – that law seeks to regulate. There is increasing pressure on water globally, and extreme events such as drought, heighten tensions around water allocation in Australia and many other countries.

The subject considers the international laws governing freshwater, including trans-jurisdictional water governance for major shared river systems. It examines contemporary trends in water law and governance such climate change impacts on water availability. It provides an overview of common law rules around water allocation and water quality. There is a major focus on indigenous water rights and rights for rivers.

The subject provides an in-depth understanding of the federal water legislation governing the Murray-Darling Basin and the Victorian water legislation- including water trading. It introduces urban water laws, with a focus on water pollution controls. It examines the innovative reforms around environmental water and the ecological protection of rivers and groundwater. It provides a case study of the impacts on groundwater due to mining and fracking.

Indicative list of principal topics:

• International and comparative law and policy governing water, including relevant treaties and conventions, and case law
• Water rights: including human rights and Indigenous peoples’ rights
• Common law rules for surface and groundwater
• The Australian national water law reform model
• The Water Act 2007 (Cth), including water trading and water planning
• Environmental water law and regulation – including the Environmental Water Holders
• Victorian water laws, including water authorities and governance models
• Water quality: addressing point source and diffuse water pollution
• Integrated catchment legislation
• Urban water laws, including water-sensitive urban design.

View detailed information in the Handbook