Journal articles on the topic 'Construction industry – law and legislation – australia'
To see the other types of publications on this topic, follow the link: Construction industry – law and legislation – australia.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Construction industry – law and legislation – australia.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
McCrystal, Shae, and Belinda Smith. "Industrial Legislation in 2010." Journal of Industrial Relations 53, no. 3 (June 2011): 288–302. http://dx.doi.org/10.1177/0022185611402004.
Full textAbstract:
Two themes in legislative activity in 2010 were national uniformity and some movement in using law to promote equality, especially gender equality. The Fair Work Act 2009 (Cth) came into full effect with the commencement of the new safety net provisions and the referral to the Commonwealth of industrial relations powers over private-sector workforces in all states except Western Australia. Progress continued on the promised harmonization of Australian occupational health and safety laws with the release of a model Work Health and Safety Bill by Safe Work Australia, although developments in some states threaten to derail the process. An attempt to repeal most of the industry-specific regulation of the building and construction industry failed. The Federal Parliament passed legislation establishing a national paid parental leave scheme, and a number of changes to federal discrimination laws came into effect or were proposed, including the potential consolidation of federal discrimination legislation. This article provides an overview of these developments at federal level and concludes with a discussion of developments in the states including a brief overview of Victoria’s new equal opportunity legislation.
2
Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (May 22, 2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.
Full textAbstract:
After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and setting up a new agency to enforce enhanced governance and accountability standards for registered unions and employer organisations. Legislative amendments aimed at resolving the long-running bargaining dispute in Victoria’s Country Fire Authority are also considered, along with the Government’s muted response to the 2015 Productivity Commission review of the workplace relations framework. The article then examines developments at state level, including a major rewrite of Queensland’s industrial legislation, structural changes in New South Wales, and proposed changes to long service leave and the labour hire sector in Victoria. It concludes by noting the irony that just as the federal Government has tasted some success after a long legislative ‘dry spell’, its labour law reform agenda appears limited and piecemeal.
3
Skaik, Samer. "Operational problems and solutions of statutory complex adjudication: stakeholders’ perspectives." International Journal of Law in the Built Environment 9, no. 2 (July 10, 2017): 162–75. http://dx.doi.org/10.1108/ijlbe-03-2017-0009.
Full textAbstract:
Purpose Statutory adjudication was introduced into the security of payment (SOP) legislation as a fast-track payment dispute resolution process with an express object to facilitate cash flow within the construction contractual chain. After more than a decade of the operation of the regime in Australia and Singapore, it becomes apparent that there are many operational problems that jeopardise the intended object of the legislation, particularly in adjudicating complex payment disputes. The aim of this paper is to explore views of the industry stakeholders regarding some operational problems of statutory adjudication of as well as possible solutions. Design/methodology/approach “Expert interviews” method is adopted to collect the empirical data, involving interviews with 23 practitioners from Australia and Singapore. Findings The study identified many operational problems jeopardising the attainment of the object of the SOP legislation such as bias of authorised nominating authorities, short adjudication timeframes, inadequate regulations of adjudicators, jurisdictional challenges, involvement of courts and lawyers and complex drafting of the legislation. The study also analysed the views of industry experts with regard to the opportunities for improvement in the operation of the SOP legislation such as following the Queensland model as amended, and introducing a legislative review mechanism and establishing a peer review process. It also suggested specific amendments to make the legislation a more user-friendly. Practical implications The implication of this study is a better understanding of the most critical problems inherent in statutory adjudication that need serious consideration by the legislatures and policymakers. In addition, the study also provides some practical measures as suggested by the industry practitioners for each identified problem which may stand as a reliable reference for potential reform in the SOP laws. Originality/value There is inadequate empirical research conducted to investigate problems in the operation of statutory adjudication. The study provides original empirical findings which become much necessary nowadays in light of the dynamic moves towards law reform in SOP laws, particularly in Australia. The study provides some practical measures as suggested by the industry practitioners for each identified problem which may stand as a reliable reference for potential reform in the SOP laws.
4
Windapo, Abimbola Olukemi, and Jack Steven Goulding. "Understanding the gap between green building practice and legislation requirements in South Africa." Smart and Sustainable Built Environment 4, no. 1 (May 18, 2015): 67–96. http://dx.doi.org/10.1108/sasbe-01-2014-0002.
Full textAbstract:
Purpose – The purpose of this paper is to examine green building legislation requirements and practices in the construction project execution stage within the context of the South African construction industry. The rationale for this examination rests with the perception that the implementation of green practices (per se) has been recognised as being “behind” the legislation enacted to control the design and construction of green buildings. Design/methodology/approach – The research process consisted of a literature review to identify existing green building legislation and practices applicable to the project execution phase. This was supported by a sequential mixed-method research approach, which involved a survey of contracting companies based in the Western Cape Province of South Africa. Purposive sampling was used to undertake focused interviews with management staff and site operatives. Findings – Research findings established a number of issues, not least: a gap between green building practices and legislation requirements; a high degree of unawareness of green building legislation/practices by construction company stakeholders; selective implementation of health and safety legislative requirements; that management staff had a more “positive” attitude to green building practices than site-based staff who tended to be less motivated and open to such practices. Research limitations/implications – Results from this study are considered generalisable with the sample frame only. Research inference and projections should therefore only be made within this set, and not to the wider population of South African contractors (as this study was limited to the Western Cape Province). Practical implications – Implications from this research are applicable to construction company stakeholders within the population set. Practical considerations include the need to acknowledge a formal commitment to developing a sustainable built environment – especially cognisant of the gap between practices on site and green building legislation requirements. Moreover, this lack of awareness in respect of green building practices and legislation requirements impinges upon several wider areas, not least: construction company stakeholders’ positioning, health and safety practices; managerial and operational staff perceptions, and stakeholders’ willingness and motivation to proactively address these gaps. Social implications – Government bodies and allied professionals in charge of construction industry development are encouraged to consider the implementation of green building legislation requirements on construction sites. This reflection should encourage engagement through formative legislative provision and transparent awareness campaigns. Originality/value – This work is original insofar as it directly addresses the alignment of legislation to current practices within the context of the South African construction industry. However, similar exercises have been undertaken on green building legislation in other countries such as USA, UK and Australia.
5
Curmi, Lachlan, Kumudu Kaushalya Weththasinghe, and Muhammad Atiq Ur Rehman Tariq. "Global Policy Review on Embodied Flows: Recommendations for Australian Construction Sector." Sustainability 14, no. 21 (November 7, 2022): 14628. http://dx.doi.org/10.3390/su142114628.
Full textAbstract:
There has been a call for the construction industry to become more energy efficient in its planning and activities, to reduce greenhouse gas emissions to help combat climate change. The Australian Building Codes Board has implemented ‘Energy Efficiency’ standards through the National Construction Codes to direct the industry towards net zero emissions goals. However, the Board has maintained a focus on operational flows considerations despite this only being a part of the total expenditure in a building lifecycle. Embodied flows, the energy output, and emissions from harvesting, manufacturing, transporting, and manufacturing materials for a building have not been included as a part of the current standards despite their growing share in the outputs of construction. A qualitative document analysis using data from academic articles and industry publications was performed to identify the context in embodied policy development. Findings reveal an abundance of different legislations and initiatives globally, recommending techniques that may effectively achieve embodied flow reductions. The results highlighted that Australia needs to capitalize on the potential reductions in overall energy and emissions from construction. Other regions have provided a strategic and legislative basis for the industry to emulate.
6
Coggins, Jeremy, Robert Fenwick Elliott, and Matthew Bell. "Towards Harmonisation of Construction Industry Payment Legislation: A Consideration of the Success Afforded by the East and West Coast Models in Australia." Construction Economics and Building 10, no. 3 (October 28, 2010): 14–35. http://dx.doi.org/10.5130/ajceb.v10i3.1804.
Full textAbstract:
This article considers the success of the two distinct construction industry payment legislative models operating in Australia – “East Coast” and “West Coast” – in achieving their objective of improving cash flow throughout the construction industry. Success parameters are identified by the authors – namely: the levels of justice afforded by the legislation, the administrative and legal burden generated by the legislation, and the impact of the legislation on the relationships between the contracting parties – which are used as a basis to discuss and compare the performances of the East and West Coast models. It is concluded that the West Coast model provides a more just dispute resolution process, generates less administrative and legal burden, and is more conducive towards establishing positive relationships between contracting parties. However, it is recognised that there is a need for more data to be gathered from construction industry stakeholders before any firm recommendations can start to be made as to the most appropriate conceptual framework and detail for a harmonised approach.
7
Bevzenko, Volodymyr, and Yurii Tsvirkun. "THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION: EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE." Baltic Journal of Economic Studies 8, no. 5 (December 30, 2022): 70–76. http://dx.doi.org/10.30525/2256-0742/2022-8-5-70-76.
Full textAbstract:
The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.
8
Hayward, Peter, and Rick Robinson. "Applying offshore safety case principles to onshore construction." APPEA Journal 54, no. 2 (2014): 552. http://dx.doi.org/10.1071/aj13125.
Full textAbstract:
The Australian resources industry’s safety statistics lag behind other parts of the world, although a step change is underway as contractors look to deliver the outstanding performance clients and the broader public expect. Clough is embedding a TQM, or top-to-bottom risk management strategy, through all levels of the organisation. This starts with identifying the legislative requirements, assessing the inherent hazards of specific scopes of work, and establishing the minimum controls to support safe and reliable behaviour in the field. These hazard assessments are then cascaded down through each project team, which applies them to the various stages of the project lifecycle. This results in a holistic approach to safety and ultimately ensures the critical risks and controls are understood and followed at the worksite. This extended abstract shares Clough’s experience in developing its TQM system and it looks at how the Australian resources industry can adopt a common approach to safety risk management so it becomes a tangible part of daily business. Successful implementation requires strong cultural discipline, clear values, and alignment between clients and contractors. In Clough’s experience, success relies on training and development coupled with accountability and empowerment of staff and contractors. This promotes ongoing engagement in the process and a commitment to safety learning in everything they do.
9
BAILEY, MATTHEW. "Shopping for entertainment: malls and multiplexes in Sydney, Australia." Urban History 42, no. 2 (November 11, 2014): 309–29. http://dx.doi.org/10.1017/s0963926814000583.
Full textAbstract:
ABSTRACTThis article examines multiplex cinema development and its close association with shopping centre expansion programmes in Australia. The article argues that while multiplex cinema construction in Australia echoed international developments, it also resulted from coalescing interests between local retail developers and film exhibitors, was guided by planning legislation and shaped by escalating institutional investment in the retail industry. Data mapping the emergence, growth and consolidation of multiplexes in Sydney, Australia's largest city, is used to illustrate this development, contributing to urban histories of the city and understandings of the ways in which its contours have been reshaped by consumer capitalism.
10
Murodjonova, Mokhirakhon, and Dilfuza Imamova. "THE CONCEPT OF AN INTERNATIONAL CONSTRUCTION CONTRACT." Review of Law Sciences 7, no. 2 (June 26, 2023): 61–69. http://dx.doi.org/10.51788/tsul.rols.2023.7.2./vjgm1988.
Full textAbstract:
The article explores the concept of an international construction contract. The relevance of this topic is due to the increase in the number of international construction contracts concluded and the growth of disputes in courts, which creates the need to qualify contracts with a foreign element. Despite the rapid pace of urbanization and the development of construction, in particular international construction, the concept of an international construction contract has not yet been formulated either in the convention order or in the legislation of countries. In the doctrine of private international law, the opinions of scientists differ in the formation of this concept. However, against the backdrop of the development of international construction, it is worth formulating the concept of an international construction contract, both in the doctrine and in the legislation of the country, for the further development of this industry. The information in the article is based on the opinions of domestic and foreign scientists, as well as the legislation of various countries. The formation of the concept of an international construction contract opens the way not only for the development of the scientific component of construction law but also creates fertile ground for the proper resolution of disputes arising from international construction contracts and the improvement of construction law.
11
Cole, D. A. "ENVIRONMENTAL LAW REGIMES—PETROLEUM OPERATIONS IN AUSTRALIA'S OFFSHORE AREAS." APPEA Journal 35, no. 1 (1995): 813. http://dx.doi.org/10.1071/aj94058.
Full textAbstract:
Increasing petroleum activity in Australia's offshore areas is heightening industry, government and community awareness of the potential impact of these operations on marine ecosystems and coastal environments.The Offshore Constitutional Settlement of the late 1970s has resolved the issue of allocation of governmental rights and powers over the resources of the sea and the seabed. However, the application of environmental laws to those areas remains largely untested. A complex web of legislation—State, Territory and Commonwealth—may apply to proposed and on-going petroleum activities.The Commonwealth Government has substantial power to intervene to protect environmentally sensitive areas whether they are within areas of the sea over which that government or the states or the Northern Territory have primary jurisdiction. Despite the recent Intergovernmental Agreement on the Environment, substantial ultimate power resides with the Commonwealth to protect the environment, particularly through the use of the external affairs power. The politically fluid nature of environmental management in offshore areas adds an important dimension to the commercial risk assessment process for the petroleum industry.
12
Allison Anthony. "Regulating Construction Procurement Law in South Africa – Does the New Framework for Infrastructure Delivery and Procurement Management Undermine the Rule of Law?" Obiter 42, no. 1 (May 2, 2021): 136–47. http://dx.doi.org/10.17159/obiter.v42i1.11061.
Full textAbstract:
Recently, there have been numerous challenges in the legal regulation of construction procurement in South Africa. The Construction Industry Development Board and the National Treasury have brought about a number of new rules in the form of standards and frameworks in order to remove any contradictions and misalignment with applicable legislation. This article looks at the changes that have taken place in the regulation of construction procurement law and whether the new rules indeed assist in removing the challenges posed by previous rules. The research question to be answered is whether the new rules are in fact lawful.
13
Lisk, Joel, and Melissa de Zwart. "Watch This Space: The Development of Commercial Space Law in Australia and New Zealand." Federal Law Review 47, no. 3 (June 17, 2019): 444–68. http://dx.doi.org/10.1177/0067205x19856498.
Full textAbstract:
Space law is regulated largely by international treaties which have little to say regarding the use and regulation of commercial space. As the costs of access to outer space decrease and the benefits exponentially increase, more countries are seeking to support and encourage ‘NewSpace’ entrepreneurs in order to establish commercial space industries. Australia has been a minor player in the space domain, primarily through involvement with Europe and the US since the late 1960s, but its domestic legislation bears little relevance to the shape of space industry today. Australia’s neighbour, New Zealand, now wants to become a NewSpace incubator and has recently enacted legislation designed to make it a competitive host nation for launch providers. This article will compare the regulatory space regimes of these two countries to provide an assessment of the importance of domestic regulation in fostering competitive commercial space services, for countries seeking to become competitive in the commercial space race.
14
Kravchenko, Ya A. "Violations of Building Laws: Problems of Prosecution." Sociology and Law, no. 1 (April 2, 2021): 112–18. http://dx.doi.org/10.35854/2219-6242-2021-1-112-118.
Full textAbstract:
The article explores the problems associated with holding accountable in cases of violation of legislation in the field of construction. The author claims that the bulk of the violations that are identified in the construction industry are accounted for by the facts of the construction without the necessary legal documents for land and permits for the construction. It is noted that the main reason entailing violation of construction legislation is the presence of gaps in the law. In conclusion, the author suggests fixing the obligation of the authorized body on the personal official website to display a register of multiapartment buildings that are being built on its territory. In such a register you must specify certain information.
15
ZHU, TAN, JING WU, and I.-SHIN CHANG. "REQUIREMENTS FOR STRATEGIC ENVIRONMENTAL ASSESSMENT IN CHINA." Journal of Environmental Assessment Policy and Management 07, no. 01 (March 2005): 81–97. http://dx.doi.org/10.1142/s1464333205001906.
Full textAbstract:
The Environmental Impact Assessment Law (EIA Law) of the People's Republic of China was adopted on 28 October 2002. It is the most progressive legislation addressing environmental issues in China to be developed over the past decade. The new EIA Law explicitly states that environmental impact assessment (EIA) is required for both new construction projects and plans. The types of plans covered by the new EIA Law include: (1) integrated plans for land use and regional development, development of drainage areas and marine areas; (2) specific plans for industry, agriculture, animal husbandry, forestry, energy, water management, transportation, urban construction, tourism and the development of natural resources. EIA for construction projects has been implemented in China for more than 20 years. Through this new EIA Law, the legal status of EIA for construction projects has been elevated from administrative legislation to State Law. EIA for plans is a type of strategic environmental assessment (SEA) where the concept of SEA is for the first time being advocated by the State at this level. This paper emphasises the legal requirements of SEA set forth by this new EIA Law, such as major purposes, key elements and procedures of EIA for plans.
16
Turnbull, C., W. Sher, and L. Tang. "How Can Blockchain Benefit Payment Systems in Smart Construction Contracts: A Brief Review." IOP Conference Series: Earth and Environmental Science 1101, no. 9 (November 1, 2022): 092037. http://dx.doi.org/10.1088/1755-1315/1101/9/092037.
Full textAbstract:
Abstract Construction industry professionals suffer regularly from poor cash-flow which reflects non-payment or payment delays down the hierarchical chain. This issue is important as the construction industry has the highest rates of insolvency in Australia, the UK and many other countries. Payment conditions under current construction contracts have proven to be inefficient in delivering timely payments as human interference has control over processing claims. This paper investigated the status of contracts and contract law in Australia and the potential of smart contract technology in improving payment issues in the industry. Qualitative data was collected from secondary literature sources which included observations from industry professionals, real case studies, secondary research and government surveys. It was found that smart contracts feature self-executing digital contracts, immutable data, require no intermediaries and provide transparency on all levels. Although these features are fit for purpose in resolving current contractual issues, smart contracts are not yet available in the construction industry. It was also found that smart contracts do have the potential to provide a trusted and reliable payment system in the construction industry, although there are some aspects it is unlikely to replace such as human performance. Research limitations and future research directions are also provided.
17
Coggins, Jeremy. "From Disparity to Harmonisation of Construction Industry Payment Legislation in Australia: A Proposal for a Dual Process of Adjudication based upon Size of Progress Payment Claim." Construction Economics and Building 11, no. 2 (June 20, 2011): 34–59. http://dx.doi.org/10.5130/ajceb.v11i2.1939.
Full textAbstract:
Since the introduction of the Building and Construction Industry Security of Payment Act into New South Wales in 1999, construction industry payment legislation has progressively been enacted on a jurisdiction-by-jurisdiction basis throughout Australia. Of the eight Australian Acts, two distinct legislative models can be discerned – what have been termed the ‘East Coast’ and ‘West Coast’ models. This article compares the two models with respect to their payment systems and adjudication schemes, procedural justice afforded, incursion upon freedom of contract, uptake rates and efficiency. From this comparison, the strengths and weaknesses of the two models are identified. Finally, a dual process of adjudication based on progress payment claim size is proposed for a harmonised model, developed from previous proposals put forward by other authors, which aims to combine the strengths of the two existing models.
18
Weller, Penny. "Human Rights and Social Justice: the Convention on the Rights of Persons with Disabilities and the quiet revolution in international law." Public Space: The Journal of Law and Social Justice 4 (November 28, 2009): 17. http://dx.doi.org/10.5130/psjlsj.v4i0.1167.
Full textAbstract:
On the 60th anniversary of the Universal Declaration of the Human Rights (UDHR) the Commonwealth Attorney General announced a national public consultation concerning the need for better human rights protection in Australia and the viability of a federal human rights charter. Whether or not the anticipated Charter includes social, economic and cultural rights is directly relevant to questions of social justice in Australia. This paper argues that the legislative acknowledgment of civil and political rights alone will not adequately address the human rights problems that are experienced in Australia. The reluctance to include economic, social and cultural rights in human rights legislation stems from the historical construction of an artificial distinction between civil and political rights, and economic social and cultural rights. This distinction was articulated and embedded in law with the translation of the UDHR into binding international law. It has been accepted and replicated in judicial consideration of the application on human rights legislation at the domestic level. The distinction between the two forms of rights underpins a general ambivalence about the capacity of human rights legislation to deliver social justice and echoes a critical tradition in legal philosophy that cautions against the reification of law. Coming into force early in the 21st century, the Convention of the Rights of Persons with Disabilities illustrates the effort of the international community to recognize and eschew the burden of the false dichotomy between civil and political and economic, social and cultural rights. Acknowledging the indivisible, interdependent and indissociable nature of human rights in Australia is a crucial step toward achieving human rights based social justice.
19
Richards, Harriette. "Risk, Reporting and Responsibility: Modern Slavery, Colonial Power and Fashion’s Transparency Industry." International Journal for Crime, Justice and Social Democracy 11, no. 2 (June 3, 2022): 47–60. http://dx.doi.org/10.5204/ijcjsd.2378.
Full textAbstract:
This article investigates the role of the Australian Modern Slavery Act 2018 as a reporting mechanism aimed at preventing the use of forced labour in global supply chains. In the fashion industry, modern slavery legislation pursues the ambitions of activist movements that have long campaigned for increased knowledge about supply chain practices to improve the labour conditions of garment workers, especially for those in the Global South. In recent years, such campaigns against the entrenched opacity of the global fashion system have given rise to a transparency industry built on practices of auditing and supply chain management, including in relation to modern slavery legislation. This article analyses 10 modern slavery statements submitted to the online Modern Slavery Register by fashion brands operating in Australia in the 2019–2020 reporting period to explore how the Modern Slavery Act 2018 participates in colonial relations of power. It focuses on three aspects of the statements: factory reporting and third-party auditing, corporate grievance mechanisms, and risks associated with COVID-19. Finally, the article argues that while improved transparency can generate positive outcomes for workers, the reporting required by modern slavery legislation is often more concerned with providing assurances about labour standards to consumers and stakeholders in the Global North than with the needs or experiences of workers in the Global South.
20
Oliver, Bobbie. "“No Place for Tourists”: Deaths on Western Australian Construction Sites." Labour History: Volume 119, Issue 1 119, no. 1 (November 1, 2020): 115–42. http://dx.doi.org/10.3828/jlh.2020.21.
Full textAbstract:
The deaths of three young “backpackers” on Perth building sites is the starting point for this investigation of an industry that is ranked the third most dangerous in Western Australia. All were on a working holiday. They were unskilled, untrained and underpaid, revealing aspects of the construction industry since the beginning of the twenty-first century. The article suggests these fatalities are occurring, despite OHS reforms and mandatory training, because the decline of trade union rights and presence on work sites has led to inadequate policing and enforcement of safety measures. Deregulation and employers’ over-emphasis on productivity have resulted in an unskilled, casual workforce and a culture of blaming individual employees rather than management, which has created a climate of fear where those who draw attention to safety breaches risk losing their jobs. The article considers arguments for introducing industrial manslaughter legislation, but the evidence suggests that the most effective solutions are to restore union rights. This would encourage a culture in which workers have a voice, and pointing out safety breaches on sites could be rewarded, rather than penalised.
21
Kelsey, Jane. "Regulatory Chill: Learnings From New Zealand’s Plain Packaging Tobacco Law." QUT Law Review 17, no. 2 (September 15, 2017): 1. http://dx.doi.org/10.5204/qutlr.v17i2.701.
Full textAbstract:
Australia’s precedent-setting Tobacco Plain Packaging Act 2011 (Cth) took two and a half years from its public announcement to come into force. The fact that New Zealand’s almost identical legislation was still not in force six years after it was first mooted suggests it was subject to regulatory chill through both specific threats and systemic influences within the policy making process. This article examines the hypothesis that three elements associated with New Zealand’s free trade and investment treaties combined to chill a National government that was already luke-warm on a plain packaging law: perceived risks from litigation; associated arguments pressed by politically influential industry lobbyists; and the bias in the regulatory management regime that favours minimal intervention and empowers the tobacco industry, consistent with contemporary trade agreements. It concludes that these mutually reinforcing factors delayed the passage of New Zealand’s legislation, but did not see it abandoned. This suggests that health policies supported by public opinion, international health obligations, and precedents from other countries can withstand regulatory chill. But the difference from Australia also highlights the need to pay more attention to ways of neutralising those factors if a Smokefree Aotearoa New Zealand, and similarly ground-breaking public health policies, are to be achieved.
22
Scott, G. "CULTURAL HERITAGE AND THE PETROLEUM INDUSTRY." APPEA Journal 46, no. 1 (2006): 611. http://dx.doi.org/10.1071/aj05042.
Full textAbstract:
Since the introduction of the Native Title Act 1993 (Cth) and its subsequent amendment in 1998, the main focus for developing pipeline projects was on native title issues. Cultural heritage was seen as a more operational matter and not one that would affect the ability to operate or construct pipelines. With higher standards being set by the High Court for native title claimants to maintain a claim, the management of cultural heritage issues (as opposed to the protection of native title rights) are now forming a significant part of negotiations between project proponents and indigenous groups for the development of petroleum projects.State, Territory and Commonwealth legislation dealing with Aboriginal cultural heritage also provides a more immediate source of obligations on project proponents. Even when all regulatory authorities and approvals are held, this legislation can provide affected parties the ability to stop projects if proponents ignore the requirements to protect and manage Aboriginal cultural heritage.This paper briefly examines how cultural heritage issues and native title issues interact from a practical viewpoint and then goes on to provide an overview of cultural heritage legislation throughout Australia including a focus on the unique model adopted in Queensland through the introduction of the ‘cultural heritage duty of care’.This paper then provides examples of what companies will need to do to comply with statutory obligations in minimising harm to cultural heritage through examples of common inclusions in cultural heritage management plans, together with identifying issues that are often forgotten to the detriment of a project in such plans. It also points out why cultural heritage issues may need more immediate actions in comparison with native title issues for the development and construction of new petroleum projects.
23
Mednikova, Ekaterina, Valery Stennikov, Ivan Postnikov, and Andrey Penkovskii. "Development Features of Heat Power Industry Legislation in Russia." Environmental and Climate Technologies 23, no. 2 (November 1, 2019): 22–35. http://dx.doi.org/10.2478/rtuect-2019-0052.
Full textAbstract:
Abstract In Russia, the legislative support for the construction and operation of heating systems is permanently developing and improving. The Federal law “On heat supply” adopted in 2010 is the basic and most important document that regulates the work of heating systems. Moreover, the country has more than 10 additional documents that regulate this industry, and a great number of documents that establish rules for building and operating energy systems. The paper presents the main documents that regulate the heat supply industry in the Russian Federation, and a brief description of the main stages of heating system life cycle and problems solved in each of them. Despite the national policy of energy conservation and energy efficiency enhancement, there are still problems related to heat supply management due to large extension, complexity and a variety of types and structures of the systems. The main cause of the poor heat supply efficiency in Russia is explained by a considerable change in the structure of heat loads that has occurred of late years, a decrease in the loading of the main generating equipment and heat networks, which amid other things is fostered by an increasing wear of the systems. Upgrading of generating capacities and heat networks is considered in the framework of long-term investment projects for their modernization and expansion. The obtained solutions are reflected in the Schemes of urban heat supply. This paper proposes solutions aimed at enhancing the effectiveness of decisions made in the field of heat supply. It formulates the proposals on organization and regulation of the activities of all the participants in heat supply in the stage of long-term planning of heating system expansion, because well-founded and rational planning of construction and expansion of the systems is a basis for their efficient operation.
24
Shooshtarian, Salman, Tayyab Maqsood, Peter SP Wong, Malik Khalfan, and Rebecca J. Yang. "Extended Producer Responsibility in the Australian Construction Industry." Sustainability 13, no. 2 (January 11, 2021): 620. http://dx.doi.org/10.3390/su13020620.
Full textAbstract:
With the COVID-19 outbreak across the world, policymakers and authorities have realised that they cannot solve the emerging issues using conventional policies and practices. COVID-19 has severely affected many industries, including construction and demolition (C&D) waste management and C&D waste resource recovery sector. Extended Producer Responsibility (EPR) and schemes alike are policy instruments that prevent waste generation and promote a circular economy in the construction industry. These schemes are long adopted in various countries for different waste streams. EPR policy development and implementation, particularly for C&D waste, is still at an early stage in Australia. This study aims to review the Australian regulatory environment and practice to identify barriers and enablers towards successful policy development and implementation of C&D waste-related EPR. This study is based on secondary data that are publicly available. The document analysis was conducted to identify the level of regulatory and other stakeholders support in Australia. Following three rounds of examination of sources and applying multiple selection criteria, 59 different sources were reviewed in total. The results showed that there is widespread support among different stakeholders to develop EPR and expand the existing regulation to other materials. The barriers were cost and time implications for EPR policy establishment and enforcement, diversity of stakeholders involved, construction product lifecycle, responsibility of manufacturers, complexity in implantation of EPR regulations, modification inbuilt facilities and health and safety issues. Recommendations are made to alleviate these challenges. The outcome of this study could serve as a guideline for designing effective EPR policies.
25
Shooshtarian, Salman, Tayyab Maqsood, Peter SP Wong, Malik Khalfan, and Rebecca J. Yang. "Extended Producer Responsibility in the Australian Construction Industry." Sustainability 13, no. 2 (January 11, 2021): 620. http://dx.doi.org/10.3390/su13020620.
Full textAbstract:
With the COVID-19 outbreak across the world, policymakers and authorities have realised that they cannot solve the emerging issues using conventional policies and practices. COVID-19 has severely affected many industries, including construction and demolition (C&D) waste management and C&D waste resource recovery sector. Extended Producer Responsibility (EPR) and schemes alike are policy instruments that prevent waste generation and promote a circular economy in the construction industry. These schemes are long adopted in various countries for different waste streams. EPR policy development and implementation, particularly for C&D waste, is still at an early stage in Australia. This study aims to review the Australian regulatory environment and practice to identify barriers and enablers towards successful policy development and implementation of C&D waste-related EPR. This study is based on secondary data that are publicly available. The document analysis was conducted to identify the level of regulatory and other stakeholders support in Australia. Following three rounds of examination of sources and applying multiple selection criteria, 59 different sources were reviewed in total. The results showed that there is widespread support among different stakeholders to develop EPR and expand the existing regulation to other materials. The barriers were cost and time implications for EPR policy establishment and enforcement, diversity of stakeholders involved, construction product lifecycle, responsibility of manufacturers, complexity in implantation of EPR regulations, modification inbuilt facilities and health and safety issues. Recommendations are made to alleviate these challenges. The outcome of this study could serve as a guideline for designing effective EPR policies.
26
Davenport, Philip. "Harmonisation of Chalk and Cheese." Construction Economics and Building 10, no. 3 (October 28, 2010): 36–50. http://dx.doi.org/10.5130/ajceb.v10i3.1805.
Full textAbstract:
This is a response to Towards Harmonisation of the Construction Industry Security of Payment Legislation: A consideration of the success afforded by the East and West Coast Models in Australia by Jeremy Coggins, Robert Fenwick Elliott and Matthew Bell. Towards Harmonisation is based upon the false premise that the objectives of the East Coast and West Coast models are the same. They are chalk and cheese. Each serves a valuable purpose. Each jurisdiction needs both models. A model for a dual process incorporating both the East Coast and the West Coast models will be found in Davenport (2007).
27
Hooke, Frank M. "THE NATIVE TITLES ACT 1993—THE PETROLEUM INDUSTRY AND THE FUTURE." APPEA Journal 34, no. 2 (1994): 174. http://dx.doi.org/10.1071/aj93099.
Full textAbstract:
The judgement of the High Court of Australia in 1992 in Mabo v. Queensland has had a major impact on land law in Australia.The Native Titles Act, 1993, is the first of what will be many steps in a long, complex legislative program to integrate 'native title', into Australia's land law.Those drafting the Native Title Act seemed to have concentrated on dealing with 'native title' issues in isolation and to have ignored or put to one side the need for it to mesh with other aspects of land law. This has created uncertainty for many users of land and will require review.Although the contrary was intended, the Act creates, in practical terms, significant uncertainty for renewal of existing oil and gas exploration and production titles. It also has implications for applicants for new titles and in due course for farmouts and assignments.Eventually additional legislation will be required to clarify the relationship of native title with the other areas of land law.
28
Zaman, Atiq, Ana Maria Caceres Ruiz, Salman Shooshtarian, Tim Ryley, Savindi Caldera, and Tayyab Maqsood. "Development of the Circular Economy Design Guidelines for the Australian Built Environment Sector." Sustainability 15, no. 3 (January 30, 2023): 2500. http://dx.doi.org/10.3390/su15032500.
Full textAbstract:
The construction and demolition (C&D) waste stream is the main source of solid waste in Australia. While there is a strong circularity drive in Australia’s and state/territory governments’ waste regulatory framework, clear guidelines for C&D waste management are yet to be developed for the built environment sector in Australia. This study proposes a suite of construction industry-specific guidelines for achieving circular economy (CE) goals by reviewing issues related to “Design for Zero Waste” (DfZW) and “Design for Recycling” (DfR). To do so, this study explores the current CE practices in construction and infrastructure projects in both global and Australian contexts through a systematic literature review. In addition, barriers and enablers of CE in the built environment were identified. This study provides a list of guidelines that can help industry practitioners achieve CE in the construction sector in Australia. These guidelines draw on the main themes identified through the literature review: circularity practices, resource management, innovation, and optimisation. Thus, this study bridges the gap between theory and practice by offering clear, circular guidelines for designing out C&D waste in Australia. The proposed guidelines enable industry practitioners to keep products and materials in use for a longer period and develop strategies to regenerate natural systems. Future research should focus on several aspects, including measuring emissions reductions linked to the strategies shown in the proposed guidelines.
29
Shooshtarian, Salman, Helen Lingard, and Peter S. P. Wong. "Using the cost of construction work to trigger legislative duties for WHS: the Australian experience." Built Environment Project and Asset Management 10, no. 3 (March 30, 2020): 369–87. http://dx.doi.org/10.1108/bepam-02-2019-0015.
Full textAbstract:
PurposeIn an attempt to create national harmonisation of legislation, a set of model Work Health and Safety (WHS) Regulations were developed in Australia. These regulations require principal contractors to undertake specific WHS planning and coordination activities if the construction works to be completed cost AU $250,000 or more. However, there are some doubts about the usefulness of this monetary threshold. This study aimed to investigate how effective this threshold can be in Australia.Design/methodology/approachTo evaluate the performance and operation of this threshold in the Australian construction industry, this study modelled the costs of construction for four construction project scenarios – small classroom, two-storey home renovation with adjacent pool, small commercial warehouse and single-storey house (volume home builder) – under various conditions based on historical data (2011–2017) and in eight Australian jurisdictions.FindingsAmong the six study factors (i.e. the types for construction, geographical location, design specification, delivery method, contracting approach and inflation), the research found considerable variation in the operation and performance of the monetary threshold.Originality/valueThe research highlights some potential challenges associated with the use of a monetary threshold in the regulation of WHS planning in construction projects. Thus, the results are expected to contribute to addressing these challenges, leading to the development of an appropriate balance to achieve efficient and effective WHS regulation in Australia.
30
Leskova, Yuliya, and Iurii Povarov. "Registries Supporting Self-Regulation in the Construction Industry as an Object of Crime." Russian Journal of Criminology 13, no. 5 (October 31, 2019): 846–55. http://dx.doi.org/10.17150/2500-4255.2019.13(5).846-855.
Full textAbstract:
The authors follow the traditional «general-particular» structure and present a systemic study of the problem of considering registers that support self-regulation in construction to be objects of crime (primarily, from the viewpoint of subjective and functional factors). They analyze the concept of a «unified state register» used in criminal legislation, single out and critically assess the «literal» and the «meaning-based» interpretative approaches. Besides, they prove the necessity of the immediate inclusion of a specific register as an object of crime in the Criminal Code of the Russian Federation and (or) in a special law; they also claim that the legal value of this register should be viewed as the most important criterion during such regulation. The object of a detailed study (its subject and maintenance procedure, contents and legal role, transparency and public authenticity, and others) is every register that supports self-regulation in construction. The authors also draw attention to the fact that only the state register of self-regulatory organizations is subject to the rules of Art. 285.3 of the Criminal Code of the Russian Federation. As for other — «conditionally public» — registers (register of self-regulatory organization’s members and national registers of specialists), the authors present arguments in favor of criminalizing most dangerous actions connected with the distortion of their data. They conclude that it is necessary to eliminate the ambiguity of interpreting the concept of a register as an object of crime. It is proven that the development of legislation in this area should be connected with the unification of terminology (and its agreement with the cate-gories of the Criminal Code of the Russian Federation) and the inclusion of a specific register in the Criminal Code of the Russian Federation and (or) a special law as an object of crime.
31
Shannon, Victoria. "Recent Developments in Third-Party Funding." Journal of International Arbitration 30, Issue 4 (August 1, 2013): 443–52. http://dx.doi.org/10.54648/joia2013028.
Full textAbstract:
This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC's regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules and cost allocations in that jurisdiction. In the United States, at least twenty pieces of legislation have been filed in various state legislatures since the beginning of 2013 aimed at regulating the third-party funding industry in a variety of different ways. Thus, in these three leading third-party funding jurisdictions, it appears that the legislatures - rather than the courts - are seeking to lead the way in shaping the future of the third-party funding industry.
32
Lim, Benson Teck Heng, Bee Lan Oo, Charlie McLeod, and Pengqi Yang. "Institutional and Actor Network Perspectives of Waste Management in Australia: Is the Construction Industry Prepared for a Circular Economy?" Sustainability 16, no. 2 (January 10, 2024): 617. http://dx.doi.org/10.3390/su16020617.
Full textAbstract:
Waste management and minimization are touted to be two of the key drivers for greening the construction industry and a pathway to a circular economy. This research aims to revisit the attitudes and perceptions of project stakeholders towards construction and demolition (C&D) waste in the Australian construction industry and ascertain if the current state of play in construction would facilitate the transition to a circular economy. Statistical analysis was performed on an online survey dataset collected from 104 professionals within the Australian construction supply chain. The results reveal that construction professionals’ attitudes and perceptions to C&D waste could be classified into normative, regulatory and cultural cognitive drivers. Also, the perceived barriers and strategies of C&D waste management vary across design consultants and principal and sub-contractors. Overall, the evidence is suggestive that the Australian construction industry seems not fully ready for a circular economy. In terms of research implications, clearer guidelines and mandatory approaches to C&D waste management, involving a balance of incentivization and dis-incentivization actions, and close and stronger collaborations between the industry and government, are deemed necessary for better C&D waste management performance and the realization of a greener industry.
33
Pugacheva, Anna, Marseille Hakimullin, Marat Badrutdinov, Svetlana Kashina, and Aleksandr Lunev. "Civil law regulation of investments in the digital infrastructure of the construction industry." E3S Web of Conferences 274 (2021): 06004. http://dx.doi.org/10.1051/e3sconf/202127406004.
Full textAbstract:
Civil law regulation of investments combines regulations from different industry sectors and is characterized by its complexity. An efficient type of investment in the digital infrastructure of the construction industry is a financial lease. The purpose of the study is to characterize the civil law regulation of a financial lease. The methodological basis was the technical and legal method that ensures the effectiveness of the analysis of civil law regulation of a financial lease, the adequacy of the assessment of concepts and legal structures. The following results of the study have been obtained: the content of the international financial leasing transaction and the essence of a financial lease in Russia have been determined; particular aspects of the implementation of the UNIDROIT Convention in Russia have been identified. The content of the international financial leasing transaction reflects a threeway process with the participation of the equipment seller, lessor and lessee, who are linked by a supply contract and a lease contract. In Russian legislation, the term «financial lease» is used. The essence of a financial lease reflects both a lease contract with elements of sale in conjunction with the purchase option and the type of secured financing. Particular aspects of the implementation of the UNIDROIT Convention in Russia are due to different terminology and are associated with cross-border leasing. A draft federal law is undergoing a regulatory impact assessment, which provides for the introduction of a financial lease concept. Civil law regulation of leasing relations will ensure the effectiveness of attracting investments in order to improve the digital infrastructure of the construction industry.
34
Paschoalin Filho, João Alexandre, Claudia Maria da Silva Bezerra, and Antonio José Guerner Dias. "Environmental indicators proposal for construction solid waste management plans assessment." Management of Environmental Quality: An International Journal 31, no. 6 (May 27, 2020): 1623–45. http://dx.doi.org/10.1108/meq-07-2019-0153.
Full textAbstract:
PurposeThe civil construction industry has vital importance to Brazil's economy. However, this sector is also responsible for the environmental impacts. Governments have been taking measures aiming to mitigate these impacts. Among these, the elaboration and implementation of civil construction solid waste management plans can be highlighted. However, these plans still lack standardizations and tools for their evaluation. Environmental indicators proposal for construction solid waste management plans assessment is presented to verify the adhesion of these to environmental laws, technical standards and green building certification systems recommendations.Design/methodology/approachThe construction solid waste management plans of three construction works were evaluated by the proposed indicators to verify the procedures related, generating, in the end, a scale between 0 and 5. After that, plans were compared with each other.FindingsThe proposed indicators have made possible the evaluation of the environmental practices performed for three different construction works. By the proposed indicators, the environmental practices were compared to technical standards and legislation suggested procedures.Practical implicationsAs a contribution, the evaluation proposal presented may help the construction industry as well as the public authority to evaluate the construction solid waste management plans currently elaborated, so that these can offer a quality improvement and more effective environmental measures.Originality/valueMethodologies that guide the evaluation of construction solid waste management plans can be beneficial for the construction companies, which can improve the quality of the plans elaborated internally and verify the effectiveness of the plans elaborated by specialized consultancies. In general, most of the construction solid waste management plans are prepared with the purpose of only complying with the legislation, more specifically of the National Council for the Environment, Resolution 307/2002.
35
Chamberlain, Kurt, Bethanie Storey, Jayden Brown, Scott Rayburg, John Rodwell, and Melissa Neave. "Cleaning up Forever Chemicals in Construction: Informing Industry Change." Sustainability 14, no. 5 (March 1, 2022): 2854. http://dx.doi.org/10.3390/su14052854.
Full textAbstract:
Per- and polyfluorinated alkyl substance (PFAS) contamination has been found in the construction spoil of many major projects, and there is growing concern about the health and environmental implications of these “forever” chemicals. In a context where construction and tunneling have experienced substantial growth, Australia and other countries are still developing their PFAS management. This study used convergent interviews to surface the key common issues that are associated with the management of PFAS contamination in the construction industry. The construction industry appears stuck in their ways and extremely financially driven. Regulation is not working because of poor enforcement and policing from the Environmental Protection Agency (EPA). The EPA could look to employ individuals with more construction industry experience in order to become a strong regulator in the industry, as well as to streamlining decision-making processes, while maintaining quality. To speed up changes in the management of PFASs within the construction industry, large organizations could be targeted by the relevant sustainability rating scheme, and there could be further use of the alliance models to research, develop, and implement PFAS treatment methods.
36
Brand, Michael Charles, and Thomas Uher. "Follow‐up empirical study of the performance of the New South Wales construction industry security of payment legislation." International Journal of Law in the Built Environment 2, no. 1 (April 20, 2010): 7–25. http://dx.doi.org/10.1108/17561451011036496.
Full text
37
Sultanov, Takhir, Ravshan Nurimbetov, and Azizbek Zikriyoev. "Innovative health and safety standards is a sustainable development performance for the construction sector of Uzbekistan." E3S Web of Conferences 97 (2019): 03023. http://dx.doi.org/10.1051/e3sconf/20199703023.
Full textAbstract:
Due to high level of agglomeration many innovative standards are being implemented in industry sectors of the world countries. Ensuring the safety of the environment and the human production is an urgent task of modern civilized societies. Especially, it plays a great role in construction industry since many building processes become based on hi-technologies and extreme engineering atmosphere. Naturally, high probability of risks and hazard might cause in and out of the construction site during the working hours occur major accidents. Only way is reaming optimize and implement of international standards on Health and Safety Law at work affects human, financial and environmental factors of the country. The main objective purpose of the paper is reducing injures and accidents at construction industry and implement recent modern legislation system in Uzbekistan. It helps for contribute finishing construction projects on time, on budget and on high quality standards with zero rate accident regulation. Although, health and safety theories are important for the prevention of accidents scientifically with a little in-depth knowledge on their outcomes and processes. This research deals with this gap by using methodology on occupational safety standards in construction sites.
38
Liu, Jiu, and Le Shen. "On the Legal Mechanism of Nuclear Safety in China under the Background of Environmental Protection." IOP Conference Series: Earth and Environmental Science 1087, no. 1 (October 1, 2022): 012023. http://dx.doi.org/10.1088/1755-1315/1087/1/012023.
Full textAbstract:
Abstract Background: Peaceful use of nuclear energy is of great significance for ensuring energy security, reducing greenhouse gas emissions, and achieving sustainable development environmental-friendly. Nuclear safety is the premise and foundation for the development of civil nuclear power industry. As a country with the largest scale of nuclear power plants under construction, preventing accidents properly is the best way to ensure nuclear safety. However, under the background of environmental protection nowadays, China has only officially implemented two laws related to nuclear safety - the Law on Prevention and Control of Radioactive Pollution and Nuclear Safety Law. It cannot fully meet the needs of nuclear safety supervision in China. Methods: To highlight the problems in the current legal system pertaining to nuclear safety, a legislation study is used to analyze the current content of related legislation and regulations. Comparative methodology is also adopted in this paper to analyze the legislative and administrative experience of other countries with or without nuclear power industry and summarize the problems in the current legal system in China. Result: Currently, the development of nuclear safety law system reflects the historical process of the development and application of nuclear technology in China. China’s nuclear safety-related legislation closely fits the strategy of China’s nuclear technology development and application under the background of environmental protection. Even though, there are still deficiencies about China’s nuclear safety legal system now, for example: the atomic energy law is still absent in China, so pertaining measures must be taken to develop and improve the nuclear safety legal system in China as for not only promoting the development of nuclear industry but also avoiding radioactive pollution incidents and protecting environment. Moreover, there is a conflict between the concept of “nuclear safety” in the Nuclear Safety Law and its content.
39
Coppo, Gabriele. "The CAP Under Attack? Last Developments In Trade Defence Cases Targeting European Food Products." Global Trade and Customs Journal 13, Issue 11/12 (December 1, 2018): 519–31. http://dx.doi.org/10.54648/gtcj2018060.
Full textAbstract:
The recent (2003-2013) reforms of the CAP – while bringing it more in line with the applicable WTO legislation – have proved to be insufficient to shield the EU food industry from third countries’ trade defence actions. In particular, two recent investigations carried out by Australia and the United States represent dangerous precedents in the European perspective, since they have targeted for the first time domestic support programs that the European Commission considers to be fully WTO compatible, and that are widely used throughout the Union. The article analyses some of the key features of these investigations and takes note of the elements which are likely to play an important role in future possible actions targeting EU food products.
40
Vasko, P. F., and M. R. Ibragimova. "SMALL HYDROPOWER PLANTS AS A PART OF ELECTRIC POWER INDUSTRY AND ENERGY MARKET OF UKRAINE." Alternative Energy and Ecology (ISJAEE), no. 25-30 (December 7, 2018): 73–85. http://dx.doi.org/10.15518/isjaee.2018.25-30.073-085.
Full textAbstract:
Globalization and sustainable development necessitate joint analysis of technological and environmental trends in energy development taking into account current economic and legal provisions. Based on synthesis of the current state of Ukrainian electric power system in general and hydropower in particular, there have been underscored the importance of comprehensive approach in identifying the key tasks of building the pathway of further electric power industry development. The authors provide the characteristics of today’s organizational and technological structure of the electric power system, including the legal provisions regulating its activity. As currently there are significant legislative changes, particular attention was paid to the review of electricity market. Features of the new liberalized electricity market have been determined in comparison with the current market, and also in connection with renewable energy characteristics. Thus, amendments introduced by the new Law “On electricity market” to the green tariff policy have been detailed with the regard to incentive mechanism for development of renewable energy and liability of electricity producers operating under Green Tariff for imbalances. The article focuses on the analysis of the state and growth potential of small hydropower. Еconomic incentives are systematized according to the current legislation. Also, here is presented the potential for possible growth of small hydropower, namely, quantitative result of the exploration of the technical potential of hydropower resources of small rivers. There have been identified a number of barriers and impediments to the construction of small HPPs. Environmental restrictions to the construction of small hydropower stations have been formulated according to the accurate analysis of various branches of national legislation such as the Land Code, the Water Code, the Law “On the Nature Reserve Fund of Ukraine”, etc., as well as valid ratified documents and other key soft-low instruments at the international level. Additionally, provisions of Сustoms and Tax legislation on small hydropower regarding to incentives for technology development have been defined. Consideration of small hydropower projects successfully implemented on the territory of the country confirms the possibility of the future development of small hydropower.
41
Surya Putra, Anak Agung Bagus Ngurah Agung, Renee Sarah White, and Kadek Sarna. "Corporate Social Responsibility and Its Implementation in Tourism Industry: A Comparative Study between Indonesia and Australia." Udayana Journal of Law and Culture 2, no. 2 (July 31, 2018): 165. http://dx.doi.org/10.24843/ujlc.2018.v02.i02.p03.
Full textAbstract:
The concept of Corporate Social Responsibility (CSR) has been widely spread to developing countries. Most scholars argue that the CSR will give economic benefit to the local communities surrounding the company. Indonesia and Australia have adopted the concept of CSR into some legislation and regulations. When the laws of CSR were implemented in the field of tourism, some companies thought that they do not have any legal obligation to implement it. In practice, local communities have used CSR to demand the tourism industries to provide any social, cultural and economic facilities. This article is aimed at providing an analysis regarding the legal framework of Indonesian and Australian laws and regulations concerning CSR, particularly in Tourism Sector. In addition, it is intended to analyze how the implementation of CSR in tourism may strengthen the local communities. It is a normative legal research that primarily scrutinizes written official law and regulations as well as relevant court decisions regarding the issue of CSR, company, and tourism. It can be concluded that both Indonesia and Australia have regulated the concept of CSR very well as stipulated in official law and regulations. Regarding the implementation, by revolving within the scope of sustainable development concept as well as a gradual increase of tourism industries participation in CSR, the well-being of the local community will surely be improved.
42
Balasingham, Baskaran, and Tai Neilson. "Digital Platforms and Journalism in Australia: Analysing the Role of Competition Law." World Competition 45, Issue 2 (June 1, 2022): 295–318. http://dx.doi.org/10.54648/woco2022011.
Full textAbstract:
News media businesses compete with search engines and social media networks for advertising revenue but at the same time depend on the latter to reach and interact with audiences. The Digital Platforms Inquiry (DPI) completed by the Australian Competition and Consumer Commission (ACCC) found that media businesses’ dependency on digital platforms gives companies like Google and Facebook substantial bargaining power over Australian news media businesses. This development over the past decade has caused negative repercussions for the choice and quality of news available to Australians. In response to thegse findings, Australia’s News Media and Digital Platforms Mandatory Bargaining Code 2021 extends the application of competition law into digital news and advertising markets. The reform is intended to address the impact of digital platforms on the commercial viability of Australian news companies. In this article, we assess the application of competition law to the relationship between news media and digital platforms, including the strength of the DPI findings and the appropriateness of the resulting reforms. We argue that after decades of deregulation of the media sector in Australia the News Media Bargaining Code is a hybrid legislation, which introduces news media industry regulations under the guise of competition law. While we see a continued role for competition law in digital platform markets, this article indicates the challenges posed by digital platforms on media pluralism and the limitations of a market-driven approach to news media policy. news media businesses, digital platforms, advertising, regulation, media policy, Australian competition law, market power, media pluralism, Digital Platforms Inquiry, News Media Bargaining Code
43
Langston, Craig, and Weiwei Zhang. "DfMA: Towards an Integrated Strategy for a More Productive and Sustainable Construction Industry in Australia." Sustainability 13, no. 16 (August 17, 2021): 9219. http://dx.doi.org/10.3390/su13169219.
Full textAbstract:
Design for manufacture and assembly (DfMA) is an important part of the future of the construction industry due to the promise of speed of project delivery, quality control, worker safety, and waste minimization onsite via the purposeful design for manufacture and assembly offsite. However, the adoption of DfMA in Australia has been slow. This paper investigates the barriers prohibiting widespread uptake and how digital construction will be a catalyst for improving use on commercial-scale projects. A total of six leading experts were interviewed to elicit their opinions, and seven recent case studies of high-rise modular apartment and hotel buildings constructed by Hickory were cross-referenced as evidence of DfMA capability. The experts suggested that the reasons for slow adoption in Australia were community mindset, government regulations and incentives, planning and building codes, unionization and business politics, finance, and supply chain management. The case studies suggest that compatible building type and transportation distance are also factors. These barriers can be addressed by the clever integration of building information modelling tools with lean construction processes as part of a proposed strategy leading to smarter (more productive) and better (more sustainable) outcomes predicated on growth in digital construction practices. The paper concludes with a proposed framework for change that conceptualizes the ‘ecosystem’ needed to support widespread DfMA in the Australian context, including the paradigm shift from building to manufacturing/assembly, the displacement of workers from onsite to offsite activity, and the expansion of interdisciplinary design and construct collaboration.
44
Mrad, Cyrine, and Luís Frölén Ribeiro. "A Review of Europe’s Circular Economy in the Building Sector." Sustainability 14, no. 21 (October 31, 2022): 14211. http://dx.doi.org/10.3390/su142114211.
Full textAbstract:
This article evaluates Europe’s building sector’s circular economy (CE). This industry is responsible for 42% of energy consumption, more than 50% of extracted materials, 30% of Europe’s water and waste generation, and 35% of greenhouse gas (GHG) emissions. This study focuses on peer-reviewed articles from Scopus and Web of Science databases. Of the first 1750 publications, 2.9% were eligible for a full-text reading and analysis. Most of the trending studies, 92%, promote the circular economy concept through construction materials rather than analyzing the impact of the construction sector on the environment and finding solutions for better implementation, and 41% promote recycling and reuse as the only options. New Design solutions are in 12% of the studies, six-fold more than Law and Legislation, which is only 2%. Finding an optimal combination of assessing the life cycle of buildings and components and searching for different ways of managing the Construction and Demolition Waste at end-of-life is between 33% and 39%. Ultimately, CE proposed frameworks for the building industry based on 10R principles variations were evaluated. An alternative framework for a circular strategy for the building industry that focuses on Upcycling, replacing the Recover principle is presented.
45
Jahan, Israt, Guomin Zhang, Muhammed Bhuiyan, Satheeskumar Navaratnam, and Long Shi. "Experts’ Perceptions of the Management and Minimisation of Waste in the Australian Construction Industry." Sustainability 14, no. 18 (September 9, 2022): 11319. http://dx.doi.org/10.3390/su141811319.
Full textAbstract:
Effective waste management has become a crucial factor in Australia because, from 1996 to 2015, the population increased by 28%, while Australia’s annual waste increased by 170%. In the period 2018–2019, Australia generated 27 Mt of construction demolition waste (44% of all waste). Although 76% of this waste is recycled, there has been a 61% increase in the rate of waste since 2006–2007. Therefore, minimising waste and prioritising waste management are necessary to build a circular economy. This study aims to identify the current waste minimisation perceptions in the Australian construction industry. A semi-structured interview was conducted with 50 industry experts focusing on four sectors (design/planning, building information modelling (BIM), material logistics, and prefabrication). The data were analysed qualitatively and quantitatively (Severity index). The result disclosed that the designers are the first contributor to waste minimisation, followed by the material suppliers/manufacturers. It is revealed that subjective attitude and the personal reluctance to exercise waste mitigation strategies are crucial. The outcome also indicated that BIM has the potential to minimise waste significantly. Overall, 15 key points were highlighted to consider for waste minimisation, and a conceptual framework was proposed. Therefore, identifying waste management’s current practices and the responsibility of industry personnel will help minimise waste and bring sustainable development.
46
Martina, S., C. Denti, and L. Garattini. "Farmaci orfani e malattie rare: un confronto internazionale delle normative di riferimento." Farmeconomia. Health economics and therapeutic pathways 2, no. 3 (September 15, 2001): 185–93. http://dx.doi.org/10.7175/fe.v2i3.732.
Full textAbstract:
Orphan drugs are defined as medicines with low economic returns, so that their production is not a profitable business far pharmaceutical companies. The present study analyses the main characteristics and the role of orphan drugs in four countries (United States of America, .Japan, Australia and European Union), by considering the regulation and the market situation of each State. All countries have introduced a specific legislation on orphan drugs to stimulate the research activity of pharmaceutical industry. The first law was the Orphan Drug Act of the United States of America in 1982. A common limit of all regulations is the strict correlation between “orphan drugs” and “rare diseases”. In fact, the term “orphan” does not refer only to rare disease, but also to other elements that can determine low economic returns for the industry (e.g. drugs with high cost of research and development, drugs that cannot be patented).
47
Burgess, John, and Lars Mitlacher. "Temporary Agency Work in Germany and Australia: Contrasting Regulatory Regimes and Policy Challenges." International Journal of Comparative Labour Law and Industrial Relations 23, Issue 3 (September 1, 2007): 401–31. http://dx.doi.org/10.54648/ijcl2007019.
Full textAbstract:
A common development among OECD and EU countries is the increase of temporary agency work in the last decade despite different regulatory regimes. For the researcher, agency work is an interesting topic as it is part of the romance of flexible working patterns, the new economy and a new type of employment arrangements; but is also part of a process that undermines employment conditions, collectivism and workers’ rights. Using Germany as an example of a country with a highly regulated temp industry and Australia as a country with very little regulation in this area, the paper outlines the growth and extent of agency employment in each country and examines the regulatory regime that applies in each country. The regulation of temporary agency work in Germany and Australia will be contrasted with the proposed legislation by the European Directive on temporary agency work in order to develop new proposals for an advanced supra-national regulatory approach on temporary agency work.
48
Jin, Ruiyang. "Comparative Study on Legal Regulations of Cross-border Transfers of Personal Information." BCP Social Sciences & Humanities 17 (May 5, 2022): 40–45. http://dx.doi.org/10.54691/bcpssh.v17i.617.
Full textAbstract:
The free and rapid cross-border transfer of personal information is one of the main contributors to the prosperity of digital economy. However, China has relatively strict restrictions on the cross-border transfers of personal information. Although such provisions are conducive to safeguarding the interest of the individuals and the nation, they have adverse impact on giving full play to the commercial value of personal information in the era of digital economy. Additionally, China's insufficient participation in the formulation of international rules counts against to the construction of China's data discourse power. Therefore, the Chinese legislation is immature and needs to be perfected. This article analyzes the advanced legislative experience abroad, including the GDPR rules, the CBPR rules, and the Personal Information Protection Law of Japan. Taking actual situations of China into consideration, this article then puts forward four suggestions, including issuing practical standard contracts as soon as possible, promoting the construction of industry self-discipline mechanism, carrying out supplementary legislation in key areas, and participating on our own initiative in mapping out international rules.These suggestions are expected to benefit the perfection of China's legislation on the cross-border transfers of personal information as well as the enhancement of China's international data discourse power.
49
Margaret, Thornton. "Deconstructing Affirmative Action." International Journal of Discrimination and the Law 2, no. 4 (September 1997): 299–315. http://dx.doi.org/10.1177/135822919700200404.
Full textAbstract:
The phrase affirmative action (AA) has been in use in Australia for two decades, mainly in the context of improving the profile of women in the workplace. Federal legislation was enacted in 1986 but the formalistic focus on the preparation of plans, numerosity and the lodgment of reports has deflected attention away from the elusive substance of AA. The procedural veil will be lifted to focus more closely on the nature of the substance, with particular regard to managerial positions. It will be argued that the construction of femininity and masculinity, through what are termed ‘the fictive feminine’ and ‘the imagined masculine’, is resistant to structural change. However, the adoption of co-operative workplace practices, as advocated by a recent influential Australian Government report, does have the potential to challenge the gender polarity.
50
Lee, Alvin, and Claire Lambert. "Corporate Social Responsibility in McDonald’s Australia." Asian Case Research Journal 21, no. 02 (December 2017): 393–430. http://dx.doi.org/10.1142/s0218927517500146.
Full textAbstract:
This case focuses on marketing public policy and legislation issues in the business environment. The Commonwealth Government of Australia wants to impose mandatory warning labels for fast-food served by quick-service chainrestaurants like McDonald’s. These warnings are to appear on fast-food packaging to warn diners of the possible harms arising from consuming fast-food. This is similar to the warnings that are used in Australia on tobacco product packages. This highlights a turning point where legislators appear to be heeding calls of vocal pressure groups to curb and legislate the industry’s activities. The loudest calls have appeared in well-publicized legal cases and film documentaries like Super-Size Me. McDonald’s has been well-aware of these challenges. The company continues to respond and fight legal challenges on these points. As a result, the company has improved its supply chain, employees’ work-conditions, their treatment of animals, their stores, food and customer service to offer leaner, healthier and more upmarket products. The few vocal critics who have secured media coverage seem to rely on sensationalizing the issue — e.g., eating McDonald’s for 30 days makes you fat. They seem to ignore the results from other experiments where people who ate suitable portions of McDonald’s food for the same 30 day period actually lost weight. Other challenges that have been found to be lies in courts of law include allegations of animal cruelty, unsafe food and food that makes people obese. Yet the public continue to believe these allegations. Can the industry do more, or do something different, to change people’s minds?