Survey and Engineering Law
University of Newcastle
Area of Study
Engineering Science, Legal Studies, Pre-Law
Taught In English
Course Level Recommendations
ISA offers course level recommendations in an effort to facilitate the determination of course levels by credential evaluators.We advice each institution to have their own credentials evaluator make the final decision regrading course levels.
Host University Units10
Recommended U.S. Semester Credits3 - 4
Recommended U.S. Quarter Units4 - 6
Hours & Credits
OverviewThe course introduces students to the Australian legal system, including aspects of the Constitution and basic legal research. It has a focus on legal issues arising in the profession and practice of engineering, with special emphasis on surveying. In particular it has a strong emphasis on the concepts and classification of real property as they relate to boundary surveyors. It also deals with statutory control of land use, with reference to the Environmental Planning and Assessment Act 1979, and the regulation and legal liability of engineers and surveyors.LEARNING OUTCOMES1. Understand: a. the constitutional framework of Australia as a federation; b. the sources of Australian law in statute and case law, and techniques for finding and interpreting the law; c. basic principles underlying the key areas of contract and tort; d. the land title and planning system in NSW, and in particular the law as it affects boundary determination;2. State the legal issues that arise in the practice of engineering and surveying, and to apply the law to solve problems in specific fact situations involving professional liability and real property;3. in relation to those issues, gain access to relevant and up-to-date information about the law, at an appropriate level, and to communicate the results of their knowledge clearly;4. Identify and avoid areas of potential legal liability or difficulty in practice5. Know when to seek specialist legal advice about a particular area.CONTENTTHE AUSTRALIAN LEGAL SYSTEMThe nature of law, and of Australia as a federationThe sources of Australian lawcase lawthe Australian court systemthe doctrine of precedentstatute lawParliamentary process and the enactment of legislationsubordinate legislationstatutory interpretationLIABILITYContractTorts (including Negligence, Nuisance and Trespass)PROPERTY LAWIntroduction to Property LawGeneral Principles of PropertyInterests in Real Property: what is "land"?; the doctrines of estates & tenure, native title, fixtures, equitable vs legal rightsDealings with LandAcquisition, DisposalTitle: General Law (Old System); Torrens System; Strata & Community TitlesBoundariesLegal Principles of Boundary DeterminationEncroachmentFencesPrivate Regulation of Land UseEasementsRestrictive CovenantsPublic Regulation of Land UseSubdivision of LandBuilding ApprovalsPlanning & Environment LegislationDevelopment ApprovalsASSESSMENT ITEMSIn Term Test: Class Test 1Written Assignment: Tort and Contract Problem Question 1In Term Test: Class Test 2In Term Test: Class Test 3Written Assignment: Take Home Exam 3 Problem Questions
Courses and course hours of instruction are subject to change.
Credits earned vary according to the policies of the students' home institutions. According to ISA policy and possible visa requirements, students must maintain full-time enrollment status, as determined by their home institutions, for the duration of the program.