Academic literature on the topic 'Land use – Law and legislation'
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Journal articles on the topic "Land use – Law and legislation"
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Jarmila, Lazikova, Rumanovska Lubica, Takac Ivan, and Lazikova Zuzana. "Land fragmentation and efforts to prevent it in Slovak legislation." Agricultural Economics (Zemědělská ekonomika) 63, No. 12 (November 30, 2017): 559–68. http://dx.doi.org/10.17221/180/2016-agricecon.
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Agricultural land represents a country’s natural heritage. Therefore, land protection is an issue that is the subject of various legislative measures, also including those that affect land fragmentation. Land fragmentation is a problem that hinders the effective use of land. In 1995, Slovak lawmakers adopted Law 180/1995 Coll., which prevents the fragmentation of land under a minimum size. The aim of this paper was to determine whether Slovak legislation concerning land fragmentation is effective and prevents this phenomenon. We compare the Slovak legislation with the legislations of other countries, and, further, we describe the existing situation with respect to land fragmentation in the individual regions of the country according to the requirements of Slovak legal regulations. The results include proposals for the potential amendment of the legal regulation to ensure the effective prevention of land fragmentation.
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Пышьева, Елена, and Elena Pysheva. "History of Development of Legislation on Reclamation of Lands in Russia." Journal of Russian Law 2, no. 5 (April 16, 2014): 126–34. http://dx.doi.org/10.12737/3469.
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The article highlights the milestones of formation of the Russian legislation in the field of land reclamation. It gives the author’s periodization of the development of reclamation legislation of postrevolutionary Russia, with allocation of her stages. Brief characteristics of each stage is illustrated with the most important legislative acts in the field of public relations. The author uses historical, abstract-logical, formal-legal and comparative-legal methods of scientific knowledge. The article notes that the main achievement of the post-revolutionary legislation is that land reclamation came to be seen not only in the regulation of land use (mainly agricultural land), but also within the legal institution of their protection. Special attention in the article is paid to the adoption of the Federal Law “On Land Reclamation” and its effect. This law laid the legal foundation for the development of the modern reclamation legislation. An analysis of legal acts and scientific literature was allowed to make a conclusion, that reclamation law in Russia for a long period of time was mostly fragmented. However, with the publication of a special Federal Law “On Land Reclamation” this fragmentation of the rules was overcome, but not completely. In addition, since 70s of XX century legal regulation of land reclamation was provided gradually by several branches of legislation (land and water).
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Katrуch, Anastasia. "RESPONSIBILITY FOR VIOLATION OF LAND LEGISLATION." Law Journal of Donbass 76, no. 3 (2021): 45–51. http://dx.doi.org/10.32366/2523-4269-2021-76-3-45-51.
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The article is devoted to the theoretical definition of the concepts of responsibility, legal responsibility, land offense «responsibility» and «legal responsibility for land offenses». It has been established that a land offense is a socially harmful criminal act or omission that contradicts the norms of land law. Land offenses are considered as negative social phenomena, as they encroach on the land system and law and order, aimed at ensuring the rational use and protection of land and protection of persons using land. It is concluded that legal liability is applied for the commission of the relevant offense: disciplinary or administrative misconduct, criminal offense, civil violation in the field of land relations. All the above indicates that a land offense is a guilty, illegal act or omission that contradicts the legal norms of rational use of land resources, impedes the rights and legitimate interests of landowners and land users, violates the state procedure for land management as the national wealth of our country. It is stated that depending on the specific type of objects, land offenses can be divided into two groups: the actual land offenses and land offenses of environmental orientation. It also identifies a number of important functions that are implemented during prosecution for violations of land legislation. These questions will be relevant for further research. A land offense is a socially harmful criminal act or omission that contradicts the norms of land law. Land offenses are considered as negative social phenomena, as they encroach on the land system and law and order, aimed at ensuring the rational use and protection of land and protection of persons who use land. Also, depending on the specific type of objects, land offenses can be divided into two groups: the actual land offenses and land offenses of environmental orientation. Offenses of the first group violate the requirements of rational use and protection of land, legal rights and interests of landowners and land users, including tenants. These include: noncompliance with the requirements for the use of land for its intended purpose; unauthorized occupation of land plots; destruction of boundary markers; evasion of state registration of land plots and submission of unreliable information about them and some others.
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Karapysh, B. V. "Property lease in the land legislation of Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 82 (May 23, 2024): 86–91. http://dx.doi.org/10.24144/2307-3322.2024.82.2.12.
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The article highlights the concept and legal nature of property lease as an independent legal construct and source determinant of legal relations in the field of land use. The conceptual aspects of property leasing are considered through the prism of the civil legislation of Ukraine (Civil Code of Ukraine, Chapter 58, § 1). An analysis of judicial practice was carried out regarding the specifics of the tenant’s use of the objects (subjects) of the lease agreement – the actual leased property (Decision of the State Administrative Court of Ukraine No. 46/389 dated February 8, 2010). The theoretical appropriation of the definition and doctrinal interpretation of the concept of “property lease” in land-law and civil-law scientific theories in Ukraine is analyzed. The grounds for changing, terminating the employment (lease) contract are specified, including – regarding the use of the land plot. An individual legal interpretation (characteristic) of the employment (lease) contract was carried out according to the general (civil law) and special (land law) legislative doctrine of Ukraine through the prism of the analysis of the provisions of the Civil Code of Ukraine, as well as – the Land Code of Ukraine, the Law of Ukraine “On Lease” land” No. 161-XIV and the “economic and property” Law of Ukraine “On Lease of State and Communal Property” No. 157-IX). The practical-applied problems of land lease (hire) relationships have been defined in proportion to the provisions of the legislation of Ukraine. Attention is focused on the conflictual features of the provisions of the land legislation of Ukraine and the civil legislation of Ukraine regarding the regulation of land use relations. Characteristic features of the contract for hiring (leasing) a land plot are defined, such as its bilateral, payment, mutually binding nature, etc. The set of rights and responsibilities of the lessee and the lessor, which are defined in the Law of Ukraine “On Land Lease” 2704-VIII and the Land Code of Ukraine, respectively, is defined. Standardization of the term of the lease agreement (lease) of land plots under the legislation of Ukraine in the process of land use has been carried out. The special features of the term of the contract of employment (lease) of the land plot as one of its essential conditions have been studied.
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Mykhalova, Mariia. "INNOVATIONS REGARDING STATE REGISTRATION OF LAND USE RESTRICTIONS IN THE STATE LAND CADASTRE." Urban development and spatial planning, no. 79 (April 11, 2022): 249–57. http://dx.doi.org/10.32347/2076-815x.2022.79.249-257.
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The article considers innovations in the state registration of land use restrictions in the state land cadastre. In order to establish the optimal regime of land use, the law defines land use restrictions, which are designed in a comprehensive plan of spatial development of the territorial community, master plan of the settlement, detailed plan of the territory and subject to state registration in the State Land Cadastre. The sequence of state registration of land use restrictions is considered. This article considers only the rules on state registration of restrictions on land use, which came into force in 2021. Particular emphasis is placed on changes in the legislation on registration of restrictions on land use, namely: types of land use restrictions subject to state registration and the grounds on which the State Land Cadastre enters information (changes to them) on restrictions. At the legislative level, both land and urban planning legislation defines all types of restrictions, including restrictions defined by sectoral norms on land management, land protection, etc.
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Lipski, S. A. "On the Consolidation in the Legislation of the Concept of Rational Use of Land." Russian Journal of Legal Studies 5, no. 3 (September 15, 2018): 151–55. http://dx.doi.org/10.17816/rjls18398.
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The article discusses how the definition of rational use of land is disclosed in the legislation, as well as how it corresponds to the more applicable at the moment the concept of improper use of land. This definition is important for land legislation and it was widely used in the Soviet period. But unambiguous def inition and at that time there was no.Conceptual-legally and comparative-legal methods are applied.Thus it is stated that as a result of changes of the land legislation of the last years the definitions in this area became worse that is fraught with negative consequences in law enforcement. In particular, gross violation of the rules of rational use of land plot entails a sanction in the form of the possibility of seizure of land plot from its owner. The author for the first time analyzes these issues in conditions of exclusion in 2016 from legislation the majority of the norms with mention of improper use of land. The author of article suggests either to return in the Land code the corresponding definition, or (which is better) to disclose the concept of rationality in the Federal Law «About Land Use Planning». According to this law, the maintenance of land use planning includes activities for the study of land, planning and organization of rational use of land and their protection. Therefore, the essence of rational and improper use of land must be defined in this Federal Law. Since its adoption in 2001, the Federal Law «About Land Use Planning» has acquired a reduced form. So geodetic and cartographic works, territorial land management is no longer in it. Land plots, zones with special conditions of use of territories and territorial zones already are no its objects. Therefore, a new version of this law is necessary.
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Katusiime, Juliet, and Brigitta Schütt. "Towards Legislation Responsive to Integrated Watershed Management Approaches and Land Tenure." Sustainability 15, no. 3 (January 25, 2023): 2221. http://dx.doi.org/10.3390/su15032221.
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Land tenure affects integrated watershed management approaches in various ways, such as influencing land use and investment in sustainability practices and decisions. However, some land tenure and integrated watershed management relations need more examination, including how the prevailing relevant legislation responds and the needed course of action. In this paper, we provide relevant evidence to support a shift to responsive actions and legislation through (a) examining land tenure scenarios affecting integrated watershed management, including the public–private land tenure co-existence from a watershed perspective; (b) the responsiveness of the prevailing relevant legislation to integrated watershed management and the land tenure scenarios and (c) identifying legislative remedies recommendable for responsiveness. We use qualitative methods to review secondary data sources, including four legislations, and complement them with field survey data. Field experiences are from three sub-catchments in the Lake Victoria basin, each representing a different land tenure system, as case studies. Land tenure links with integrated watershed management in various ways, such as influencing land use decisions. However, underscoring the relationship from the private and public land tenure perspective also indicates a complex and tense spatial relationship. As such, it likely limits adopting sustainable land use and management practices in watersheds as a case. Regardless, the perceptions from the study area indicate the land tenure systems and forms enabling sustainable choices and decisions, despite limitations such as tenure insecurity. The disconnect between integrated watershed management aspirations of ensuring sustainability, the land tenure abilities and the subsequent human practices is mainly institutional, with the relevant legislation indicating a low to moderate level of responsiveness to integrated watershed management approaches and land tenure, thus, abating effectiveness. Therefore, we suggest a shift towards responsive programming and legislation and the adoption of model legislation to support responsiveness replication. We also recommend further studies to assess the legal gaps and feasibility thereof.
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Hreshchuk, H. "Development of the regulatory framework for legal support of land organization." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 104–9. http://dx.doi.org/10.24144/2307-3322.2021.68.17.
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Nowadays, the legislative base of Ukraine is far from being perfect and needs improvement by introducing amendments to the current legislative acts and adoption of new ones. In the complicated social and political conditions, and considering a great variety of ideas concerning land relations reforming, such legislation cannot be created within a short time. Therefore, it is necessary to conduct a sufficient work on improvement of the current norms of land legislation and to adopt the corresponding bill drafts, hereafter described.
The main legislative acts of the legal regulation of land organization include the Constitution of Ukraine, the Land Code of Ukraine, the Code of Ukraine on Bowels, the Forest Code of Ukraine, the Water Code of Ukraine, the Laws of Ukraine «On Land Organization», «On Topographic-Geodesic, and Cartographic Activities», «On the Procedure of Allocation of Land Plots in kind (in Places) to the Owners of Land Plots (Shares) (Portions (Pay)), «On Land Protection», «On Environmental Protection», «On Delimitation of Lands of State and Communal Property»,
«On the State Land Cadaster», «On the State Control for Land Use and Protection», «On Pesticides and Agrochemicals», «On Standardization», etc.
To run the appropriate legal regulation of land organization, it is necessary to introduce some changes to such legislative acts as the Law of Ukraine «On Land Protection», the Law of Ukraine «On Land Lease», as well as to adopt such projects as the Law of Ukraine «On Land Zoning», the Law of Ukraine «On the State Inventory of Lands», the Law of Ukraine «On Land Monitoring», the Law of Ukraine «On the State Agrochemical Certification of Agricultural Lands’.
It is reasonable to establish a State Service of Soil Protection, i.e. a governmental body of state administration. To provide for the appropriate performance of the mentioned service, it is expedient to introduce changes to the Land Code of Ukraine, the Laws of Ukraine «On Land Protection», «On the State Control for Land Use and Protection», «On Land Valuation».
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Korsun-Tsurkan, Olesia. "Forestry lands as an object of law enforcement." Law and innovations 46, no. 2 (2024): 112–18. http://dx.doi.org/10.37772/2518-1718-2024-2(46)-17.
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Problem setting. The relevance of the topic is stipulated by the need to study the current issues of law enforcement practice which are being formed in connection with the novelisation of legislation regulating relations regarding the use, protection and restoration of forestry land. It is well known that decisions of higher courts play an important role in ensuring the unity of law enforcement practice and strengthening the rule of law in the field of land relations. They contain legal positions on the application of national land legislation and are in fact the sources of land law. Analysis of recent researches and publications. Legal regulation in the field of use, protection and restoration of forestry lands, as well as ensuring the protection of the rights of the State, territorial communities, individuals and legal entities, has been studied by representatives of the national land law science, including: P.F. Kulinich, A.M. Miroshnychenko, T.V. Lisova, V.I. Gordeev, S.V. Sharapova, M.V. Shulga, V.I. Fedorovych, etc. Purpose of the research is to provide a legal analysis of the Supreme Court’s decisions in terms of protection of land rights of the State, territorial communities, individuals and legal entities from the perspective of land law science, and also to provide practical suggestions for optimal, expedient and scientifically sound improvement of current land legislation. Article’s main body. The author focuses on the legislative aspects related to the procedure for changing the designated purpose of forestry land plots and other forested areas, which should ensure the preservation of not only land but also forests; simplification of the forestry procedure; prohibition of forestry in the steppe areas, introduction of mechanisms for preserving self-sown forests with further forestry in the respective territories, etc. Based on a systematic analysis of the legislative provisions defining the legal regime of forestry land, the author concludes that the territorial bodies of the StateGeoCadastre of Ukraine have the right to dispose of state-owned agricultural land only on behalf of the State; the withdrawal of state-owned forestry land for non-forestry purposes was within the exclusive powers of the Cabinet of Ministers of Ukraine (Article 149 of the Land Code of Ukraine in the version in force until 27 May 2021). In addition, such withdrawal required the consent of the relevant land users. The author emphasises that public interest is inherent in land legal relations related to the withdrawal of forestry land from state ownership by a court decision. At the same time, the unlawfulness of the decision of the authorised executive body on the basis of which the forestry land plot was withdrawn from state ownership did not meet this public interest. Therefore, the reclamation of the disputed forestry land plots by court decision was carried out on legal grounds, as it was carried out in accordance with legal principles in connection with the violation by the state authority of a number of requirements of the Land Code of Ukraine. It is emphasised that the return of forestry land plots to state ownership, if they were illegally alienated to individuals by an executive body, pursues the goal of controlling the use and protection of land plots in accordance with the public interest. From the perspective of proper application of land law, special attention is paid to the Supreme Court’s ruling on invalidation of orders of the authorised body and return of land plots. The ruling is motivated by the fact that in cancelling the decision of the court of first instance and dismissing the claim, the Court of Appeal reasonably concluded that the disputed land plot was located outside the forestry land. Taking into account the content of the ‘Final Provisions’ of the Forest Code of Ukraine, which stipulates that prior to state registration, but not later than 1 January 2027, state and municipal enterprises shall confirm their right to permanent use of land plots granted to them for permanent use before the entry into force of the Land Code of Ukraine, such right shall be confirmed by planning and cartographic materials, which, in particular, include a forest management plan. Conclusions and prospects for the development. The legal position of the Supreme Court suggests that the legal regime of forestry land plots is determined by the norms of land and forestry legislation in accordance with their designated purpose according to the State Land Cadastre. The right of forestry enterprises is confirmed by state acts for the right of permanent use of forest land or planning and cartographic materials of forest management. The study and analysis of court practice of application of land legislation by courts in the process of resolving land disputes arising from forestry land demonstrates the importance of correct interpretation of these norms by law enforcement agencies, including courts.
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Danilik, Daria. "Current issues of acquisition of land rights users of nadrs." Law and innovations 46, no. 2 (2024): 62–67. http://dx.doi.org/10.37772/2518-1718-2024-2(46)-9.
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Problem setting. Modern land reform in Ukraine is characterized by a number of positive changes in land legislation. With the entry into force of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Terms of Sale of Agricultural Lands” the market of agricultural lands, which until that moment was under a moratorium, was introduced. As of July 1, 2021, Art. 130-1 of the Land Code of Ukraine, which regulates the preferential right to purchase an agricultural plot of land. In this connection, legislative novelties, which concern the circle of subjects with the preferential right to purchase agricultural land, are of great importance. Analysis of recent researches and publications. The legal regulation of relations in the area of exercise of the pre-emptive right to purchase agricultural land by entities in the national land law literature has been studied by representatives of the land law doctrine, among whom we should mention P.F. Kulynich, T. O. Kovalenko, O, C. Baksheiev, S. L. Goshtinar, O.M. Batygina, M.V. Shulga, and others. However, the peculiarities of exercising the preemptive right to purchase an agricultural land plot by a first priority entity a person holding a special permit for the extraction of minerals of national importance have not been disclosed. Purpose of the research is to analyze the theoretical and practical issues related to the exercise of the first priority right to purchase agricultural land by the first movers and to highlight the specifics of such a right. Article’s main body. This article is devoted to highlighting the theoretical and practical problems associated with the subjects’ realization of the preemptive right to purchase a plot of agricultural land, and the search and justification of possible ways to solve them, based on the fundamental principles of land law. The peculiarities of the realization of the preferential right to purchase an agricultural plot of land by a subject of the first order a person who has a special permit for the extraction of minerals of national significance have been investigated and disclosed. After all, at the current stage of reforming land and subsoil relations, the relevant legislation is being improved with the aim of simplifying the mechanism of obtaining subsoil for use and the necessary lands for its implementation. The adopted Law of Ukraine dated December 1, 2022 No. 2805-IX “On Amendments to Certain Legislative Acts of Ukraine on Improving Legislation in the Field of Subsoil Use” is designed to provide Ukraine with a sufficient amount of raw materials. This Law introduces a simplified procedure for obtaining subsoil for use, which will allow the industry to work and provide the country’s needs with its own mineral extraction. However, according to the current land legislation and the legislation on subsoil, the acquisition of subsoil use rights is not accompanied by the emergence of the right to the necessary land plot, which further complicates the realization of the right to use subsoil. In the process of researching current issues related to the specified topic, the need to improve the relevant legal prescriptions is emphasized, which in today’s conditions should ensure the clarity and transparency of the conditions of access by interested subjects to the subsoil and the necessary land plots. Conclusions and prospects for the development. Thus, the realization of the preferential right to purchase an agricultural plot of land by subjects of the first tier and their further use of the specified lands deserves special attention. The outlined problems related to the subjects’ realization of the preemptive right to purchase an agricultural plot of land require a legislative solution. The question remains open regarding the fulfillment by subjects of the first tier of the preferential right to purchase a land plot for agricultural use of the obligation of the owners of land plots to ensure their use for their intended purpose (Article 91 of the Law of Ukraine). It is also desirable at the legislative level to establish a clear priority and sequence of subjects with a preferential right to purchase an agricultural plot of land.
Dissertations / Theses on the topic "Land use – Law and legislation"
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Miller, Thomas Wright. "Land use contracts revisited." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/30011.
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The changes to the British Columbia Municipal Act repealing land use contracts in 1978 by Bill 42, and the subsequent amendments leading up to Bill 62 in 1985 and Bill 30 in 1987 have been both dramatic and comprehensive in their effect on land development and the approval process. Since the repealing of land use contracts and in spite of the new amendments, B.C. planning legislation has been increasingly criticized among developers, planners, and local governments for the lack of development agreement provisions and adequate flexibility in the municipal approval process.
This thesis investigates the possibility of reintroducing land use contracts as a development agreement control in the context of current planning practices. A literature review of the evolution of municipal planning control in B.C. is conducted to provide background information for a theoretical and practical evaluation of the current system of controls in comparison to the former system of land use contracts. The theoretical evaluation is based on measuring both systems against normative criteria, whereas the practical evaluation is comprised of a local government/development industry survey and several case studies.
The following conclusions are made in this research:
- Land use contracts were introduced in response to a growing need among local governments for some legitimate legislative means of entering into development agreements with developers to require developers to assist in providing the municipal services associated with their development.
- Local government support for the land use contract was based on the ability to regulate design, ensure regulation performance, and to enter into off-site servicing and amenity agreements.
- The development industry was initially supportive of land use contracts because they offered unlimited flexibility during negotiations and the certainty of a legal contract immune to future zoning changes. Developers eventually withdrew their support for land use contracts complaining of large scale downzoning, lengthy approval delays and excessive impost fees. Many of these allegations are dispelled in this research, but the real weakness of the land use contract was that it was difficult to amend and could be used extensively to replace zoning, effectively "fettering" future council's planning powers.
- In the absence of the land use contract, many municipal governments are continuing with a land use contract practice, but without a legislative or in some instances legal basis.
- The theoretical analysis, survey and case studies determine that the current planning legislation is adequate for the most part. There is a need however, for a land use contract mechanism to accommodate mixed use, comprehensive or complicated developments. This type of control was determined to be superior in accommodating these types of projects to the current approach of using a variety of planning mechanisms. Generally there is support among local governments and the development industry in B.C. for new land use contract legislation as long as it is more clearly defined to avoid the mistakes of its use in the 1970's.
On the basis of this analysis, the study recommends that land use contract reintroduced but in a much more controlled and limited way.Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
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Abrahams, Farah. "A review of provincial land-use planning in the Western Cape." University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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Planning administration in the Western Cape is at a critical juncture. It is faced with having to address planning issues and housing needs whilst at the same time demonstrating through its practices the promotion of environmentally sustainable development. This paper will discuss planning and environmental legislation and the impact that the application of the legislation has on development proposals. Current legislation addresses issues of spacial development in developed areas and new development proposals but lacks the ability to address issues within informal settlements. Although socio-economic factors are not currently considered when assessing the viability of applications, the courts seem to consider these factors. Since new housing settlements are often developed for the poor and industrial developments in close proximity to these areas have direct impact on these individuals, planning could only gain if these factors are taken into consideration.If planning administration in the Western Cape is to continue successfully and without endless litigation against the Department of Environmental Affairs and Development Planning administrators will have to find a balance between promoting development and protecting the environment. To promote environmentally sustainable developments will require closer cooperation between the land use planning and environmental management components. The loopholes, which permit incremental development in the present legislation, have to be identified and addressed. Guidelines, which will standardize the conditions under which applications can be approved or refused, will have to be drafted to ensure decision-making that is consistent and defensible. If having a liquor store within an affluent environment is not considered desirable such applications should not be considered within lower income areas. The same should apply when dealing with applications to establish factories or industry which will have an impact on the living conditions of communities in close proximity. The MEC will have to ensure that all decision taken are within the legal framework and that such decisions benefit entire communities and protect the rights of the poorest communities as well as that of the wealthy and influential.
Environmental legislation and the growing importance of environmental protection is also having an impact on the way in which new settlements are planned and on the rights of property owners. Although, we are responsible for the preservation of the environment for the next generation, socio-economic conditions, HIV and a myriad of other considerations may have to take precedence over environmental concerns.
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Grattan, Donald Scott Law Faculty of Law UNSW. "The logos of land: economic and proprietarian conceptions of statutory access rights." Awarded by:University of New South Wales. Law, 2006. http://handle.unsw.edu.au/1959.4/24368.
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Legislation in various jurisdictions alters the common law right to control access to one???s land by allowing the imposition of rights of access in favour of one landowner over the land of another. The relevant legislation can be divided into two categories. The first-generation legislation (s 88K, Conveyancing Act 1919 (NSW) and s 180, Property Law Act 1974 (Qld)) permits the creation of easements over servient land to facilitate the development of dominant land. The second-generation legislation (the Access to Neighbouring Land Act of New South Wales, Tasmania and the United Kingdom) permits the creation of temporary rights of access over servient land to facilitate work on dominant land. This thesis examines the extent to which this change in the law can be justified by three modes of ethical discourse: right-based, duty-based, and goal-based reasoning. An examination of the first-generation legislation and the cases in which it has been applied suggests that a form of goal-based reasoning can be used to justify its enactment. The legislation is needed to facilitate the efficient use of land where the existence of a bilateral monopoly and the possibility of strategic bargaining puts at risk the conclusion of a mutually beneficial agreement regarding access. A review of the second-generation legislation and the law reform reports and parliamentary debate that preceded its enactment indicates that the legislation can be justified by a form of duty-based reasoning. The legislation is needed to bring about a proper social ordering by imposing access rights where this would be consistent with the ideal of good neighbourliness. The thesis concludes that although these goal-based and duty-based discourses make an arguable case for the enactment of both generations of the legislation, neither of them, in an unadulterated form, provides a conclusive justification. Rather, an eclectic approach that draws on both discourses is required. It proposes that the legislation???s compensation provisions be amended to reflect the commingling of the ideas of efficiency, a properly ordered society and intensive land use, and to allow the servient owner to share in the benefits generated by the imposition of access.
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Slade, Bradley Virgill. "The justification of expropriation for economic development." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71965.
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Thesis (LLD)--Stellenbosch University, 2012.ENGLISH ABSTRACT: Section 25(2) of the 1996 Constitution states that property may only be expropriated for a public purpose or in the public interest and compensation must be paid. This dissertation analyses the public purpose and public interest requirement in light of recent court decisions, especially with regard to third party transfer of expropriated property for economic development purposes. The public purpose requirement is explained in terms of pre-constitutional case law to create a context in which to understand the public purpose and public interest in terms of the 1996 Constitution. This leads to a discussion of whether third party transfers for economic development purposes are generally for a public purpose or in the public interest. The legitimacy of the purpose of both the expropriation and the transfer of property to third parties in order to realise the purpose is considered. Conclusions from a discussion of foreign case law dealing with the same question are used to analyse the South African cases where third party transfers for economic development have been addressed. Based on the overview of foreign case law and the critical analysis of South African cases, the dissertation sets out guidelines that should be taken into account when this question comes up again in future. The dissertation also considers whether an expropriation can be set aside if alternative means, other than expropriating the property, are available that would also promote the purpose for which the property was expropriated. Recent decisions suggest that alternative and less invasive measures are irrelevant when the expropriation is clearly for a public purpose. However, the dissertation argues that less invasive means should be considered in cases where it is not immediately clear that the expropriation is for a valid public purpose or in the public interest, such as in the case of a third party transfer for economic development. The role of the public purpose post-expropriation is considered with reference to purposes that are not realised or are abandoned and subsequently changed. In this regard the dissertation considers whether the state is allowed to change the purpose for which the property was expropriated, and also under which circumstances the previous owner would be entitled to reclaim the expropriated property when the public purpose that justifies the expropriation falls away. It is contended that the purpose can be changed, but that the new purpose must also comply with the constitutional requirements.
AFRIKAANSE OPSOMMING: Artikel 25(2) van die Grondwet van 1996 vereis dat `n onteining slegs vir `n openbare doel of in die openbare belang mag plaasvind, en dat vergoeding betaalbaar is. In die proefskrif word die openbare doel en openbare belang geanaliseer in die lig van onlangse regspraak wat veral verband hou met die onteining van grond wat oorgedra word aan derde partye vir doeleindes van ekonomiese ontwikkeling. Die openbare doel vereiste word geanaliseer in die lig van respraak voor die aanvang van die grondwetlike bedeling om beide die openbare doel en openbare belang in terme van die Grondwet van 1996 te verstaan. Op grond van hierdie bespreking word die vraag ondersoek of die onteiening van grond vir ekonomiese ontwikkeling en die oordrag daarvan aan derde partye vir `n openbare doel of in die openbare belang is. Gevolgtrekkings uit `n oorsig van buitelandse respraak waarin dieselfde vraag reeds behandel is dien as maatstaf vir die Suid-Afrikaanse regspraak oor die vraag te evalueer. Op grond van die kritiese analise van die buitelandse regspraak word sekere aanbevelings gemaak wat in ag geneem behoort te word indien so `n vraag weer na vore kom. Die vraag of `n onteiening ter syde gestel kan word omdat daar `n alternatiewe, minder ingrypende manier is om die openbare doel te bereik word ook in die proefskrif aangespreek. In onlangse regspraak word aangedui dat die beskikbaarheid van ander, minder ingrypende maniere irrelevant is as die onteiening vir `n openbare doel of in die openbare belang geskied. Daar word hier aangevoer dat die beskikbaarheid van alternatiewe metodes in ag geneem behoort te word in gevalle waar dit onduidelik is of die onteining vir `n openbare doel of in die openbare belang geskied, soos in die geval van oordrag van grond aan derde partye vir ekonomiese ontwikkelingsdoeleindes. Ter aansluiting by die vraag of die onteining van grond vir oordrag aan derdes vir ekonomiese ontwikkeling geldig is, word die funksie van die openbare doel na onteiening ook ondersoek. Die vraag is of die staat geregtig is om die doel waarvoor die eiendom onteien is na afloop van die onteiening te verander. Die vraag in watter gevalle die vorige eienaar van die grond teruggawe van die grond kan eis word ook aangespreek. Daar word aangevoer dat die staat die doel waarvoor die eiendom benut word kan verander, maar dat die nuwe doel ook moet voldoen aan die grondwetlike vereistes.
South African Research Chair in Property Law, sponsored by the Department of Science and Technology, administered by the National Research Foundation and hosted by Stellenbosch University
Cuicci bursary fund
Faculty of Law Stellenbosch University
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Chung, Wai-hong Laurence, and 鍾偉康. "Level of success of the statutory planning system in preserving & guiding development of our rural environment." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1994. http://hub.hku.hk/bib/B31258670.
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Osman, Elizabeth Helen. "Rural land sharing communities in South Australia : planning and legal constraints to their development." Title page, contents and abstract only, 1991. http://web4.library.adelaide.edu.au/theses/09ENV/09envo83.pdf.
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Bibliography: leaves 103-106. This research is concerned with rural land sharing communities in South Australia. The state's planning system is examined to see what mechanisms it possesses for dealing with communal or any other unconventional development, and what the main planning constraints are. A case study of an actual development application for a rural land sharing community is examined.
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Nqaphi, David Zibekile. "Government policies aimed at combating land degradation in Alfred Nzo District." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/12404.
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Land degradation is a serious problem in communal district of Alfred Nzo, Eastern Cape in South Africa. The root causes of land degradation and soil erosion differ. The causes of land degradation in Alfred Nzo district communal areas are due to soil erosion by wind, water and poor agricultural practices. Rainfall is one of the most important climatic factor that contributed a lot in land degradation in the Alfred Nzo District. Other main factors contributing to land degradation include: Socio-economic factors related to historical land policies and inappropriate land uses, Poor land use planning, Drought and rainfall variability .Land use and management and sand mining. This study tried to pay more focus on the assessment of government policies which aimed at combating land degradation in South Africa in their nature but the area of focus will be Ntabankulu Local Municipality area in the project called Ematolweni Agricultural Co-operative Project. The reason to focus in this project is because they are currently practising crop production under electrified irrigation system but the main obstacle in this project are the dongas which are seemed to be a serious threat to the project site. During rainy seasons the project site is not easily accessible, that hampers access to market. There is also direct and serious effect of land degradation which is food insecurity which is emanating from loss of biodiversity and ground cover, loss of soil productivity, loss of income, decreased yield, and decline in economic productivity and national development. Lastly it is wisely recommended that to reduce the effect of land degradation in Alfred Nzo enlarge, government should strengthen the intervention programmes and provide more support to the LandCare programme which was the concept introduced in Australian and adopted in South Africa in 2001. This programme is assisting at restoring sustainability and productivity to land and water management in both rural and urban areas. It is holistic in nature, encompassing integrated sustainable natural resource management.
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Ricci, Kimberley Ann. "The implications of planning techniques for protecting solar access : a survey of state and local legislation." Virtual Press, 1988. http://liblink.bsu.edu/uhtbin/catkey/546120.
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The purpose of this paper was to compile a nationwide survey by state, on legislation designed to protect access to solar energy. Brief summaries of the information received are included. Land use planning techniques and tools such as zoning and subdivision regulations, as well as special solar zones and planned unit developments have been discussed as they relate to protection of solar access and solar energy use. This paper has distinguished between two types of solar energy systems, active and passive, and associated problems with each.Primary concerns for the users of solar energy systems have been the availability of solar energy and its access to the collector's surface. Solar energy is environmentally safe, however, access to solar energy can be a limiting factor to its use. Solar access protection methods vary with location. The differences in needs between rural and urban areas have been discussed.Increasing solar technologies indicate the need for communities to regulate solar access through innovative legislation. This paper with brief introductions to solar energy access protection techniques, and the state-by-state survey was prepared so as to provide the reader with a basic understanding of solar access protection and act as a guide to access protection methods.Department of Urban Planning
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Bronkars, Caroline. "Kumulative Eigentumseingriffe." Hamburg Kovač, 2007. http://www.verlagdrkovac.de/978-3-8300-3164-2.htm.
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Thorne, Noel R. "Integrated Resort Development Act : a study of the impact of the Integrated Resort Development Act 1987 on Queensland's planning systems." Thesis, Queensland University of Technology, 1991. https://eprints.qut.edu.au/36256/1/36256_Thorne_1991.pdf.
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Differential operation of the Global Positioning System (GPS) has proved to offer superior positioning accuracy over unaided GPS. The nature of Differential GPS (DGPS) requires correction data to be sent from a reference station or a network of reference stations to the GPS
user in the field. Since it cannot be assumed that the GPS user is close to a telephone or data line, wireless communications technologies must be used to provide the GPS user with DGPS corrections. As very little crossover work has been done between the GPS experts
and the data communications experts, there is a real need for a single source of reference which brings together information on these fields and others which relate to DGPS service provision. The thesis reviews the communications options available for the broadcast of DGPS corrections, reviews the DGPS technologies available, and dimensions a DGPS system which would provide an easily-accessible and affordable DGPS service to GPS users anywhere in Australia. The dimensioned DGPS system is analysed in order to determine the positioning accuracies afforded by that system.
Books on the topic "Land use – Law and legislation"
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Mandelker, Daniel R. Land use law. 4th ed. Charlottesville, Va: LEXIS Law Pub., 1997.
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Mandelker, Daniel R. Land use law. 3rd ed. Charlottesville, Va: Michie Co., 1993.
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Land use law. 2nd ed. Charlottesville, Va: Michie, 1988.
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Frizell, David J. Land use law. St. Paul, Minn: West Pub. Co., 1989.
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Frizell, David J. Land use law. 2nd ed. St. Paul, MN: West Group, 1999.
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Frizell, David J. Land use law. 3rd ed. Eagan, MN: Tomson/West Group, 2005.
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Anderson, Arthur J. Texas land use law. [Eau Claire, WI]: PESI Legal Pub., 1989.
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Oregon State Bar. Continuing Legal Education., ed. Land use. Lake Oswego, Ore: Oregon State Bar, Continuing Legal Education, 1994.
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Jorden, Douglas A. Arizona land use law. 3rd ed. [Phoenix, Ariz.]: State Bar of Arizona, Continuing Legal Education, 1998.
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Jorden, Douglas A. Arizona land use law. [Phoenix, Ariz.]: Continuing Legal Education, State Bar of Arizona, 1988.
Find full textBook chapters on the topic "Land use – Law and legislation"
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Hannam, Ian. "Sustainable Soil Management and Soil Carbon Sequestration." In International Yearbook of Soil Law and Policy 2022, 3–33. Cham: Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-40609-6_1.
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AbstractGlobally, food systems are associated with many unsustainable land use practices that lead to environmental damage such as greenhouse gas emissions, land degradation and biodiversity loss. Social issues, such as poor labour conditions, receive ever greater attention as farming has often been associated with practices that harm humans and society. From an economic standpoint, food systems need to be viable and resilient in order to allow operators in the food chain to make a living from their work. The importance of a global shift towards sustainable land use and food production has been commonly accepted for some time and there is an increasing interest by enterprises in the food and agriculture sector in assessing their sustainability performance. As the world has become increasingly vulnerable to the impacts of changing climate so too has the urgency to establish national and international guidelines and rules to acknowledge carbon management in agricultural supply chains and to improve the policy, strategic and legislative systems to manage soil carbon sequestration. An essential aspect of improved carbon management is legislation which has the ability to enable the development and implementation of soil organic carbon land management practices as sustainable soil standards.
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Pansak, Wanwisa, Natta Takrattanasaran, Nuntapon Nongharnpitak, and Nuttapon Khongdee. "Soil-Related Laws in Thailand." In International Yearbook of Soil Law and Policy 2022, 243–62. Cham: Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-40609-6_10.
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AbstractRapid economic development and urbanization are changing land management systems in many countries, including Thailand, and climate change has emerged as a significant source of risks. These changes are having major impacts on the status of soil resources in Thailand. Therefore, the soils are under increasing pressure of intensification leading to soil degradation including erosion, contamination, the decline in nutrients, compaction, salinization, acidification, and biodiversity loss of soils. Therefore, sustainable soil management is important for maintaining the capacity of soil to function according to its potential and management strategies, which is essential for the maintenance of human well-being and the conservation of biodiversity. In addition, any assessment of soil threats, measures against soil threats, and their effects on soil functions and ecosystem services should consider local conditions, national and global strategies e.g. biophysical characteristics, economic society, policies, and laws. In Thailand, soil and land protection are regulated by legislation and land use planning document such as the Forest Act and the National Forest Act, the Law on Environmental Protection, the Law on Land Protection, and the Law on Agricultural Land. Land use planning regulations represent the basis for supervision of the land use of all types and purposes and the management of natural resources, implementing guidelines for space preservation and protection, and measures of sustainable use of land resources. Furthermore, there is a pressing need to determine the status of sustainable soil management efforts and raise awareness of soil in Thailand.
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Hannam, Ian. "Legislative Protection for the Soil Environment and Climate Change." In International Yearbook of Soil Law and Policy 2022, 51–82. Cham: Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-40609-6_3.
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AbstractRecent court decisions in Australia and in overseas jurisdictions have made important progress in society’s acceptance of the significance of climate change in the long-term protection of the environment. The term ‘climate litigation’ is now generally used to refer to legal proceedings initiated to establish responsibility for a failure to prevent or reduce the rate of climate change and/or mitigate its negative consequences. Such legal proceedings are being initiated in courts, tribunals and other rule compliance monitoring bodies, operating around the world, at the domestic, regional, or global level. One decision, in the New South Wales Land and Environment Court on 26 August 2021, orders the New South Wales Environment Protection Authority to develop environmental quality objectives, guidelines and policies to ensure protection of the environment from climate change with regard to its duties under the Protection of the Environment Administration Act 1991. This decision is regarded as a landmark decision in New South Wales in that it orders a statutory authority to exercise its duty and legal responsibilities under the Protection of the Environment Administration Act with regard to the level of seriousness that climate change impacts have reached for the New South Wales environment. The case is also significant because the definition of “environment” under the Protection of the Environment Administration Act encapsulates a broad range of ecological elements, including the “soil”. In this context, this chapter argues that the decision is important for a number of reasons including: by interpretation “soil” is a component of the “environment” and it should be protected from climate change under the Protection of the Environment Administration Act; the way the decision is made provides a guiding framework which can used to examine existing environmental laws for protection of the soil environment against climate change; and it provides a guiding framework to prepare new soil legislation with the requisite procedures to develop environmental quality objectives, guidelines and policies to protect the soil environment from climate change. Having regard to these various aspects of the decision, they provide a guiding structure in which to assess the protection of the soil environment in New South Wales, but also a procedure which might be beneficial to other countries to assess the legal protection of the soil environment. The way soil is being used in Australia and around the world is directly contributing to global warming by releasing carbon dioxide and other greenhouse gases to the atmosphere. Soil degradation from agricultural land use, vegetation clearing and urban and infrastructure projects and pollution of soil from industrial works require closer attention from legislative and policy structures. Therefore, it is appropriate that increasing attention must be placed on the protection of the soil environment through the adoption of legislative, policy and mitigation responses which prevent the use of soil in a manner that makes it a significant contributor to climate change.
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Salomão Filho, Calixto, and Rachel Avellar Sotomaior Karam. "Social Enterprises and Benefit Corporations in Brazil: Projects for Corporate Qualification and Capital Market Regulation." In The International Handbook of Social Enterprise Law, 425–40. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_20.
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AbstractThe new economy challenges companies to identify ways to generate positive social and environmental impact through their activities so that a corporation’s purpose lies in not only making a profit for the shareholders but also adding value to its stakeholders. The article addresses the economic legal concepts by looking at the impact of economic activity on the collective and sets out the legal principles, grounds, and limits of application to concrete cases. An overview of social enterprises in Brazil is presented, considering the particularities of the national context and the absence of a specific legal format. Through legislation, the proposal to create the qualification of benefit corporations is laid out as a useful and ready-to-use tool to foster entrepreneurial initiatives. Additionally, capital market self-regulation is explored, as a measure aligned with sustainable development.
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Cowan, David, Lorna Fox O’Mahony, and Neil Cobb. "The 1925 Legislation." In Great Debates in Land Law, 43–63. London: Macmillan Education UK, 2016. http://dx.doi.org/10.1007/978-1-137-48166-5_3.
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Denman, D. R., and S. Prodano. "The Law of Proprietary Magnitudes and Universal Provisions." In Land Use, 124–44. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003386667-8.
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Dixon, Martin. "Licences to Use Land." In Modern Land Law, 365–81. Eleventh edition. | Abingdon, Oxon : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781351237345-9.
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Dixon, Martin. "Licences to Use Land." In Modern Land Law, 371–87. 12th edition. | Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9781003039808-9.
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Dixon, Martin. "Licences to Use Land." In Modern Land Law, 372–89. 13th ed. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003350361-9.
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"Federal Law On The Turnover Of Lands Of Agricultural Designation (24July2002)." In Russian Company And Commercial Legislation, edited by W. E. Butler, 151–64. Oxford University PressOxford, 2003. http://dx.doi.org/10.1093/oso/9780199261529.003.0007.
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Abstract The present Federal Law shall regulate relations connected with the possession, use, and disposition of land plots from lands of agricultural designation, establish the rules and limitations applicable to the turnover of land plots and participatory shares in the right of common ownership to land plots from lands of agricultural designation-to transactions, the result of the conclusion of which is the arising or termination of rights to land plots from lands of agricultural designation and participatory shares in the right of common ownership to land plots from lands of agricultural designation, determines the conditions for granting land plots from lands of agricultural designation in State or municipal ownership, and also the seizure thereof to State or municipal ownership.
Conference papers on the topic "Land use – Law and legislation"
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Velkovski, Valery. "CONCEPTUAL ASPECTS OF AGRICULTURA PROPER MANAGEMENT BY FAT AUTHORITIES." In AGRIBUSINESS AND RURAL AREAS - ECONOMY, INNOVATION AND GROWTH 2021. University publishing house "Science and Economics", University of Economics - Varna, 2021. http://dx.doi.org/10.36997/ara2021.84.
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In the management of agricultural lands in the Republic of Bulgaria, according to the current legislation, natural persons - owners and users of agricultural lands, legal entities, state bodies and local authorities take part. The Law on the Ownership and Use of Agricultural Land, the Law on the Protection of Agricultural Land, the Regulations on their Implementation and other legal acts regulate the active role of local authorities in the management of agricultural land. This management covers a serious range of tasks and activities, such as: management of lands from the municipal land fund; - consolidation of massifs of agricultural land; reclamation of agricultural lands; exchange of agricultural land; - renting and / or leasing and similar. In addition, local authorities participate in the management of agricultural land, cooperating with the territorial structures of the Ministry of Agriculture and Food and other state bodies. The subject of consideration and analysis in the report are some conceptual aspects of the management of agricultural land by local authorities, and the subject of examination are primarily the legislation in this area and the resulting positive and negative effects of their implementation.
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JAFAR, MOHAMMED. "Floor and Apartment Ownership System A vision for a New Legislative Organization in Iraqi Law." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp65-84.
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The system of ownership of floors and apartments represents a developed form of the forms of class ownership. In addition to the old image that prevailed in the old laws of the ownership of classes, represented by the system of ownership of the top and bottom, it appeared in Europe as a result of the acute housing crisis in which the system of ownership of floors and apartments occurred. The law was adopted The Egyptian civil system adopted this system, and from it the majority of laws in Arab countries were taken. This advanced system of tiered ownership is based on dividing the vertical building into tiers or apartments owned by multiple persons, separate ownership and common ownership in the building structure, its land and all the common parts intended for the common use of the owners. Although the Iraqi civil law did not adopt the system of ownership of floors and apartments in its texts, the Iraqi legislator tried to fill this legislative deficiency in the Real Estate Registration Law No. (43) of 1971, and despite that, the system of ownership of floors and apartments remained unorganized and constituted completely in Iraqi legislation, The Iraqi legislator has made many attempts to fill this shortcoming, the most recent of which was his issuance of the Law Regulating Ownership of Floors and Apartments in Buildings No. (61) of 2000. However, the change that Iraq witnessed after 2003 made it necessary to reconsider the legislative regulation of the system of ownership of floors and apartments, from During the development of a new regulation in line with the investment laws and instructions in Iraq and in the Kurdistan Region of Iraq. We have divided our research into three demands. In the first requirement, we discussed the legislative history of the ownership system of floors and apartments in Iraqi law. In the second requirement, we discussed the legal systems applied in the ownership of classes. As for the third requirement, we devoted it to discussing ways to manage the common parts in the system of ownership of floors and apartments. . We concluded our research, with a conclusion in which we mentioned the most important conclusions, the most important of which is the distinction of the system of ownership of floors and apartments from the system of ownership of the top and bottom, and the multiplicity of Iraqi laws that dealt with this system by organizing without the existence of a comprehensive law for all its provisions applicable to all parts of Iraq, and we suggested finding a new legal organization in the Iraqi legislation , by regulating the substantive provisions of the system of ownership of floors and apartments in the Iraqi civil law, and the necessity of developing a special law dealing with the detailed provisions of this system.
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Marinova, Bisserka. "LEGAL MODELS AND PROBLEMS IN PRIVATE AGRICULTURAL LAND USE IN BULGARIA." In 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/5.1/s23.097.
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This paper provides a detailed picture of the existing legislation of agricultural land use by entities who do not own it in Bulgaria and makes specific suggestions to improve it, aiming at creating a legislative framework enhancing productivity and sustainability. The study is briefly considering the historical and economic factors for the development of the case law in line with the legal framework in thiscontext. Attention is also paid to the goals of the European Union (EU) to provide properconditions for technologicalization of agricultural production, investment in irrigation and other equipment, obtaining external financing, alongside with ensuring profitable sale of production. Undisputedly there is a need to strike a balance between the interests of private land owners and the broader public, by creating a legal basis (through legal and administrative measures) governing the actual use and cultivation of agricultural land.The paper further examines and discusses a number of on-going issues, i.e. the legal status of existing agricultural cooperatives; the consolidation of agricultural land by creating land use plots;the so called �white spots� of undeclared land; the options of leasehold versus renting of agricultural landand its legal framework. The conclusion contains a general analysis of the proposals for changes in the regulatory environmentin the observed area to achieve more efficient and sustainable use of agricultural land. The contribution of the report is to show the variety of models of land use in agriculture and their differences, analyzing the actual legal framework and giving concrete proposals for improving it. Comparative method, synthesis and analysis are used while inspecting the area of research.
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Ling, John C. P. W., Peter T. Ireland, and Lynne Tumer. "Full Coverage Film Cooling for Combustor Transition Sections." In ASME Turbo Expo 2002: Power for Land, Sea, and Air. ASMEDC, 2002. http://dx.doi.org/10.1115/gt2002-30528.
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Concern for the environment has led to world-wide emissions legislation. Under such legislation, land based gas turbines in particular are required to meet stringent emissions levels of NOx and CO. In response, Rolls-Royce has designed and developed a retro fit dry low emission (DLE) module for the industrial RB211 aero-derivative engine. The DLE combustion system achieves low emissions through the use of staged premixed lean burn combustion. The paper reports detailed measurements of heat transfer coefficient and film cooling effectiveness for full coverage film cooling systems suitable for cooling the transition section between the combustor and the nozzle guide vanes. The experiments were performed at large scale using the transient liquid crystal method of measuring heat transfer. The film cooling data are unusual since the film injection angle is 20°. Extensive arrays with hole spacings of 16d and 10d have been investigated with air and with CO2 as the coolant. The latter tests achieved engine representative film to free-stream density ratios. The paper discusses in detail the experimental strategy and compares the data to results from the literature.
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Stepina, Mairita. "ANALYSIS OF THE REGULATORY FRAMEWORK IN THE MANAGEMENT OF DEGRADED AREAS IN LATVIA MUNICIPALITIES." In 9th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2022. SGEM WORLD SCIENCE, 2022. http://dx.doi.org/10.35603/sws.iscss.2022/s14.119.
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To ensure economic growth, more and more attention is being paid to promoting entrepreneurship in Latvia's cities, which addresses not only unemployment problems but also the sustainable use of resources, including land. Land is a non-renewable resource whose availability is limited, and it is therefore the task of the municipality to promote the management of unused land in its territory. The legislation of the Republic of Latvia provides that the functions of municipalities include not only the improvement of their administrative territory, but also the promotion of economic activity. The existence of degraded areas in Latvia is a relatively recent land use problem, which began in the 20th century and continues to the present day. The existence of degraded areas not only hinders the sustainable development of territories, but also discourages business development. There is no uniform policy on degraded area management in Latvia, so each municipality deals with the revitalization of degraded areas differently. There are laws and Cabinet of Ministers' regulations that lay down general requirements, but there is no uniform regulation obliging municipalities to deal with degraded areas in a uniform manner. Therefore, it is necessary to study the regulatory framework in the field of degraded areas management to create a unified regulatory model for Latvian municipalities. In addition, there is no uniform legislation in the European Union (EU) on sustainable land use and a structured approach to revitalizing degraded areas at national, regional, and local level, which creates disincentives for urban development. In this study, the author uses contingency analysis to analyze the regulatory framework and theoretical literature to analyze the theoretical aspects of the role of the regulatory framework in the management of degraded areas.
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Hutsalenko, Liubov, Tetiana Mulyk, Nataliia Tsaruk, and Alona Yurlova. "Conceptual principles of accounting for the right to lease a land plot as a type of intangible asset." In 24th International Scientific Conference. “Economic Science for Rural Development 2023”. Latvia University of Life Sciences and Technologies. Faculty of Economics and Social Development, 2023. http://dx.doi.org/10.22616/esrd.2023.57.041.
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In Ukraine, land is an important resource for agricultural enterprises. Such enterprises cannot function without land, which is the main means of production. The long history of land reform has led to significant violations in the course of legal relations established since the initial acquisition of ownership of the land plot, the land share (share) so far, including violation of the terms of the moratorium, conclusion of agreements, restricting the right of use of the land plot, non-conformity of the actual boundaries of the land plot with the borders fixed in the documentation on land management etc. The process of adapting existing national accounting standards to the requirements of international accounting standards and international financial reporting standards on the formation of an intangible asset as a land lease right is supported by a number of regulatory legal acts approved by the Government of Ukraine in the recent period. Their effectiveness in extremely difficult conditions (under martial law) is particularly relevant because the use of agricultural land for its intended purposes ensures agricultural production and contributes to the country’s economic and food security. The purpose of the study is to substantiate the conceptual basis of accounting for the right to lease a land plot by allocating it as part of intangible assets. The solution of the tasks is achieved by applying general scientific methods (system analysis, generalization) and specific methods of scientific research (economic and statistical, observation, comparison etc.). The subject of the study is the allocation of the object of accounting - the right to lease land as an intangible asset. The article reveals the basic principles of international and national accounting standards of rights to lease land in the intangible assets of business entities. It was noted that Ukrainian legislation (especially those under martial law) has been amended to ensure the targeted use of agricultural land and to avoid food security risks. The process of formation of the object of accounting, in particular the right to lease agricultural land as a type of intangible asset, the criteria for the right to use land parcels, ensuring their inclusion in the composition of intangible assets, have been identified. Emphasis is placed on the need to conduct an audit (legal and technical component) before obtaining rights to land. Thus, the role and functional features of audit in the reliability of providing the legal component of the reflection of intangible assets, in particular the right to lease agricultural land, have been identified.
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Gomes, Ramon Fortunato. "The transformations of the peripheral urban form in Brazilian listed heritage coastal cities and their morphological typologies: classification and concepts." In 24th ISUF 2017 - City and Territory in the Globalization Age. Valencia: Universitat Politècnica València, 2017. http://dx.doi.org/10.4995/isuf2017.2017.5136.
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This paper presents the results of my PhD research in architecture and urbanism, which analyzes an urban form and its use as a territorial planning tool. The object of study was the protected historic cities listed on the Brazilian coast, which have restrictions on building construction. These cities are influenced by urban flows, the impact of the metropolitan dynamics, and contemporary transformations. The research discusses the rigidity of the building legislation in the urban perimeter of these cities, while urban transformations and informal growth take place in peripheral areas in varied forms, types and arrangements. It aims to identify, classify and conceptualize the morphological types that appear as urban occurrences and consolidate as dispersed informal nuclei. Such urban occurrences are due to the building restrictions, the lack of territorial planning, and the contemporary globalized model of life, which shapes social inequality in urban expansion. The research methodology consisted of a perimeter survey of the 27 heritage listed cities on the Brazilian coast, according to the parameters obtained by Brazilian Forest Law (12.651/2012) and Brazilian Urban Land Parceling Law (Law 6.766/1979). Also, imagery collected by Google Earth was used to identify urban formations that deviate from legislation, similarly to the object of study. As a result, 16 types of urban forms were classified, which consolidated as nuclei of dispersed formations and were linked to an informal urban structural network. Also, territorial planning guidelines were designed, using the analysis of urban forms as a tool for urban transformation.
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Fatai Ogunbayo, Babatunde, Clinton Aigbavboa, Didi Thwala, Opeoluwa Akinradewo, and Olusegun Oguntona. "Institutional Evaluation of Public and Private Partnerships Relevant Contributions to Housing Delivery System." In 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002374.
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Housing provision through institutional contributions has helped Public-Private Partnerships (PPPs) provide a sustainable strategy for promoting and accelerating housing development for national development and growth. This study aimed to evaluate the relevant contribution of institutions involved in the PPPs housing delivery system using Lagos State, Nigeria as a case study. A systematic random sampling method was used, and questionnaires were distributed to 124 professionals in government and private institutions that participate in the PPPs housing delivery system. The result indicated that the relevant contribution of the public institution is majorly land and site and services, while its fragility includes bad administration, lacking a good financial base, and capacity to absorb risk factors. On the other hand, a private institution provides a good financial base, equipment, labour, and plant with good management responsibility and ready to absorb risk. While factors such as unstable government policy and economic conditions affect private institutions in the PPPs housing delivery system. The study recommended that for public and private institutions to annex the benefit of contributing to the PPPs housing delivery system, the government needs to repeal the present act of law such as the 1978 land use act through an act of legislation, in order to provide easy access to land for investors and to improve on its site and services by making necessary provision like access road, electricity, drainage, good layout drawing early before the commencement of future PPPs housing project.
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Morina, Gazmend, and Gani Kastrati. "ENVIRONMENTAL EXPENDITURE OF ENTERPRISES, IN MINING SECTOR IN KOSOVO." In 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/5.1/s21.072.
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Environmental expenditures include all environmental protection expenditures to prevent, reduce and control environmental aspects, impacts and hazards, in addition to the costs of disposal, treatment, hygiene and cleaning. Environmental protection expenditures are defined as investments of enterprises allocated to reduce direct environmental pollution. In this scientific paper we will address the topic of environmental costs of enterprises in the mining sector in Kosovo. All enterprises of the mining industry in Kosovo are obliged by legislation to allocate or plan a budget for environmental expenditures. The Independent Commission for Mines and Minerals is an independent agency defined by the Constitution of the Republic of Kosovo, which regulates mining activities in Kosovo in accordance with the Law on Mines and Minerals, bylaws issued in accordance with the Law on Mines and Minerals and Kosovo Mining Strategy. This institution has determined by administrative instruction the expenses which the enterprises of the mining sector are obliged to deposit in the form of bank guarantees, for the closure of the mine, after the expiration of the license or permit. This type of expense for the company is otherwise called insurance "for all risks to third parties". Collecting high quality and reliable environmental expenditure data is essential for policymakers to develop effective environmental policies and for donors and financial institutions. Environmental criteria consider how a company performs as a nature manager. Mining areas often experience a theme of social tension due to the potential compromise between the expected impact of employment and concerns about environmental damage. Pollution control is a necessary condition for welfare benefits despite new job opportunities in the mining sector. Mining operations often require intensive use of water resources, require land and can create severe environmental externalities, including soil erosion and pollution, air and water, pollution from acid mine drainage, to chemical leakage and sedimentation. During this paper we will be based on some methods of scientific research such as: analysis, synthesis, generalization, specification, etc. We will be based on publications or official reports of relevant institutions, Kosovo and international legislation related to the topics addressed as well as field visits to the mining sector enterprises in Kosovo, which allocate more budget for environmental expenditures, for due to the activity they exercise. Finally, we will give our conclusions regarding the adequacy of environmental expenditures made by mining sector companies in Kosovo, the legislation in force and the need to amend or supplement this legislation, etc.
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Câmara, Andrea do Nascimento Dornelas, Isabella Trindade, Clarissa Duarte, Maria de Lourdes Nobrega, Byanca Oliveira, and Luama Silva. "Cuando el edificio encuentra la calle: las relaciones entre la normativa y la construcción del espacio urbano." In Seminario Internacional de Investigación en Urbanismo. Barcelona: Facultad de Arquitectura. Universidad de la República, 2015. http://dx.doi.org/10.5821/siiu.6105.
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La presente investigación parte de la premisa de que el vínculo del edificio con la calle en su límite entre lo público y lo privado es uno de los puntos más importantes para un reglamento específico. La interface arquitectónica del edificio es justamente el lugar de encuentro y objeto de estudio de la investigación. Para lograr sus objetivos, la investigación busca aclarar las propiedades morfo tipológicas, tanto de las interfaces de los edificios, como también, dentro de los escritos reglamentarios dispuestos en las normativas. Y busca confrontarlos para establecer criterios que promuevan una buena articulación entre los espacios públicos y privados, entre los edificios y la calle. El territorio de estudio es la zona central de la ciudad por su diversidad de tipologías y por presentarse como un territorio para la renovación urbana de la ciudad y que requiere construcción a través de nuevas pautas urbanas donde la normativa aún es un marco principal. This research starts from the premise that the building on its street level, in the boundary between public and private, is one of the most important point for a specific build bulk regulation. The architecture interface of the building is precisely this meeting point and subject matter of this research. To achieve its objectives, the research seeks to clarify the morpho-typological properties of both the buildings interface, as well as, the written rules in the land and use law legislations. It seeks to establish the criteria that will promote good connection between public and private spaces, between buildings and streets. The area of study is the central area of the city for its diversity of types as well as it presents as a territory for urban renewal of the city and will need to be built under new urban patterns, where the legislation is still a main frame.
Reports on the topic "Land use – Law and legislation"
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Almeida, Fernanda. Legislative Pathways for Securing Community-based Property Rights. Rights and Resources Initiative, May 2017. http://dx.doi.org/10.53892/xmhg7144.
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Governments are increasingly recognizing Indigenous Peoples’ and local communities’ rights to land and resources. Despite increased recognition, there are several shortcomings in the legal frameworks through which governments formally recognize community-based property rights. Building on consultations with legal experts on community rights, recent literature, and a review of over 200 national legal instruments, this paper proposes a framework of analysis to systematically classify and evaluate legal pathways to secure recognition of community-based property rights. The framework considers five key elements common to laws recognizing community-based rights, and helps determine how these rights can be exercised and implemented in practice as well as three common legislative entry points through which legal recognition can take place. Furthermore, to illustrate the variety of legal pathways (and potential advantages and limitations of each) that have been used by national legislators to recognize community tenure rights, the paper also applies this framework to the legal frameworks (or tenure “regimes”) included in the Rights and Resources Initiative’s legal tenure rights database. It concludes that although legal recognition in national systems has advanced in the past decades, it is far from ideal, even in the best cases.
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Ashley, Caitlyn, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius, et al. Law and Policy Resource Guide: A Survey of Eminent Domain Law in Texas and the Nation. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2017. http://dx.doi.org/10.37419/eenrs.eminentdomainguide.
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Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began. Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, “nor shall private property be taken for public use, without just compensation.” Thus, in the wake of the now infamous decision in Kelo v. City of New London, where the Court upheld the taking of private property for purely economic benefit as a “public use,” the requirement of “just compensation” stands as the primary defender of constitutionally protected liberty under the federal constitution. In response to Kelo, many state legislatures passed a variety of eminent domain reforms specifically tailoring what qualifies as a public use and how just compensation should be calculated. Texas landowners recognize that the state’s population is growing at a rapid pace. There is an increasing need for more land and resources such as energy and transportation. But, private property rights are equally important, especially in Texas, and must be protected as well. Eminent domain and the condemnation process is not a willing buyer and willing seller transition; it is a legally forced sale. Therefore, it is necessary to consider further improvements to the laws that govern the use of eminent domain so Texas landowners can have more assurance that this process is fair and respectful of their private property rights when they are forced to relinquish their land. This report compiles statutes and information from the other forty-nine states to illustrate how they address key eminent domain issues. Further, this report endeavors to provide a neutral third voice in Texas to strike a more appropriate balance between individual’s property rights and the need for increased economic development. This report breaks down eminent domain into seven major topics that, in addition to Texas, seemed to be similar in many of the other states. These categories are: (1) Awarding of Attorneys’ Fee; (2) Compensation and Valuation; (3) Procedure Prior to Suit; (4) Condemnation Procedure; (5) What Cannot be Condemned; (6) Public Use & Authority to Condemn; and (7) Abandonment. In analyzing these seven categories, this report does not seek to advance a particular interest but only to provide information on how Texas law differs from other states. This report lays out trends seen across other states that are either similar or dissimilar to Texas, and additionally, discusses interesting and unique laws employed by other states that may be of interest to Texas policy makers. Our research found three dominant categories which tend to be major issues across the country: (1) the awarding of attorneys’ fees; (2) the valuation and measurement of just compensation; and (3) procedure prior to suit.
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Eastman, Brittany. Legal Issues Facing Automated Vehicles, Facial Recognition, and Privacy Rights. SAE International, July 2022. http://dx.doi.org/10.4271/epr2022016.
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Facial recognition software (FRS) is a form of biometric security that detects a face, analyzes it, converts it to data, and then matches it with images in a database. This technology is currently being used in vehicles for safety and convenience features, such as detecting driver fatigue, ensuring ride share drivers are wearing a face covering, or unlocking the vehicle. Public transportation hubs can also use FRS to identify missing persons, intercept domestic terrorism, deter theft, and achieve other security initiatives. However, biometric data is sensitive and there are numerous remaining questions about how to implement and regulate FRS in a way that maximizes its safety and security potential while simultaneously ensuring individual’s right to privacy, data security, and technology-based equality. Legal Issues Facing Automated Vehicles, Facial Recognition, and Individual Rights seeks to highlight the benefits of using FRS in public and private transportation technology and addresses some of the legitimate concerns regarding its use by private corporations and government entities, including law enforcement, in public transportation hubs and traffic stops. Constitutional questions, including First, Forth, and Ninth Amendment issues, also remain unanswered. FRS is now a permanent part of transportation technology and society; with meaningful legislation and conscious engineering, it can make future transportation safer and more convenient.
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Nascimento, José Rente. Forest Vocation Lands and Forest Policy: When Simpler is Better. Inter-American Development Bank, December 2005. http://dx.doi.org/10.18235/0008948.
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This paper addresses forest policies concerned with the adequate provision of forest related externalities. Despite the use of the forest vocation land (FVL) in the legislation of many Latin American countries, the discussion in the scientific literature about forest policies based on it is modest. This paper seeks to contribute to this debate. The paper presents facts, defines concepts, examines analytical frameworks, and investigates policy alternatives related to these externalities in private lands. The paper concludes that FVL is a useful model for the design of forest policies that seek to assure the provision of forest related externalities. Such policies are: especially adequate for developing countries because they are relatively easy to understand; are less intrusive in the forest business decision making processes and, thereby, allow for greater freedom of action; are less costly to monitor, enforce, and comply with; reduce corruptive activities and illegality associated with forests; and do not require adjustments as technologies and market conditions change.
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Jones, David, Roy Cook, John Sovell, Matt Ley, Hannah Shepler, David Weinzimmer, and Carlos Linares. Natural resource condition assessment: Lincoln Boyhood National Memorial. National Park Service, 2024. http://dx.doi.org/10.36967/2301822.
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The National Park Service (NPS) Natural Resource Condition Assessment (NRCA) Program administered by the NPS Water Resources Division evaluates current conditions for important natural resources and resource indicators using primarily existing information and data. NRCAs also report on trends in resource condition, when possible, identify critical data gaps, and characterize a general level of confidence for study findings. This NRCA complements previous scientific endeavors, is multi-disciplinary in scope, employs a hierarchical indicator framework, identifies and develops reference conditions/values for comparison against current conditions, and emphasizes spatial evaluation of conditions where possible. Lincoln Boyhood National Memorial (LIBO) was authorized by an act of Congress on February 19, 1962, (Public Law 87-407) to preserve the site associated with the boyhood and family of President Abraham Lincoln, including a portion of the original Tom Lincoln farm and the nearby gravesite of Nancy Hanks Lincoln. The 200-acre memorial commemorates the pioneer farm where Abraham Lincoln lived from the age of 7 to 21. The NRCA for LIBO employed a scoping process involving Colorado State University, LIBO and other NPS staffs to establish the NRCA framework, identify important park resources, and gather existing information and data. Indicators and measures for each resource were then identified and evaluated. Data and information were analyzed and synthesized to provide summaries and address condition, trend and confidence using a standardized but flexible framework. A total of nine focal resources were examined: four addressing system and human dimensions, one addressing chemical and physical attributes, and four addressing biological attributes. The quality and currentness of data used for the evaluation varied by resource. Landscape context ? system and human dimensions included land cover and land use, natural night skies, soundscape, and climate change. Climate change and land cover/land use were not assigned a condition or trend?they provide important context to the memorial and many natural resources and can be stressors. Some of the land cover and land use-related stressors at LIBO and in the larger region are related to the development of rural land and increases in population/housing over time. The trend in land development, coupled with the lack of significantly sized and linked protected areas, presents significant challenges to the conservation of natural resources of LIBO to also include natural night skies, natural sounds and scenery. Climate change is happening and is affecting resources, but is not considered good or bad per se. The information synthesized in that section is useful in examining potential trends in the vulnerability of sensitive resources and broad habitat types such as forests. Night skies and soundscapes, significantly altered by disturbance due to traffic, development and urbanization, warrant significant and moderate concern, respectively, and appear to be in decline. Air quality was the sole resource supporting chemical and physical environment at the memorial. The condition of air quality can affect human dimensions of the park such as visibility and scenery as well as biological components such as the effect of ozone levels on vegetation health. Air quality warrants significant concern and is largely impacted by historical and current land uses outside the memorial boundary. The floral biological component was examined by assessing native species composition, Mean Coefficient of Conservation, Floristic Quality Assessment Index, invasive exotic plants, forest pests and disease, and forest vulnerability to climate change. Vegetation resources at LIBO have been influenced by historical land uses that have changed the species composition and age structure of these communities. Although large tracts of forests can be found surrounding the park, the majority of forested areas are fragmented, and few areas within and around LIBO exhibit late-successional or old-growth characteristics. Vegetation communities at LIBO have a long history of being impacted by a variety of stressors and threats including noxious and invasive weeds, diseases and insect pests; compounding effects of climate change, air pollution, acid rain/atmospheric chemistry, and past land uses; and impacts associated with overabundant white-tail deer populations. These stressors and threats have collectively shaped and continue to impact plant community condition and ecological succession. The sole metric in good condition was native species composition, while all other indicators and metrics warranted either moderate or significant concern. The faunal biological components examined included birds, herptiles, and mammals. Birds (unchanging trend) and herptiles (no trend determined) warrant moderate concern, while mammal populations warrant significant concern (no trend determined). The confidence of both herptiles and mammals was low due to length of time since data were last collected. Current forest structure within and surrounding LIBO generally reflects the historical overstory composition but changes in the hardwood forest at LIBO and the surrounding area have resulted in declines in the avian fauna of the region since the 1970s. The decline in woodland bird populations has been caused by multiple factors including the conversion of hardwood forest to other land cover types, habitat fragmentation, and increasing human population growth. The identification of data gaps during the course of the assessment is an important NRCA outcome. Resource-specific details are presented in each resource section. In some cases, significant data gaps contributed to the resource not being evaluated or low confidence in the condition or trend being assigned to a resource. Primary data gaps and uncertainties encountered were lack of recent survey data, uncertainties regarding reference conditions, availability of consistent long-term data, and the need for more robust or sensitive sampling designs. Impacts associated with development outside the park will continue to stress some resources. Regionally, the direct and indirect effects of climate change are likely but specific outcomes are uncertain. Nonetheless, within the past several decades, some progress has been made toward restoring the quality of natural resources within the park, most notably the forested environments. Regional and park-specific mitigation and adaptation strategies are needed to maintain or improve the condition of some resources over time. Success will require acknowledging a ?dynamic change context? that manages widespread and volatile problems while confronting uncertainties, managing natural and cultural resources simultaneously and interdependently, developing disciplinary and interdisciplinary knowledge, and establishing connectivity across broad landscapes beyond park borders.
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Jalkanen, Jukka-Pekka, Erik Fridell, Jaakko Kukkonen, Jana Moldanova, Leonidas Ntziachristos, Achilleas Grigoriadis, Maria Moustaka, et al. Environmental impacts of exhaust gas cleaning systems in the Baltic Sea, North Sea, and the Mediterranean Sea area. Finnish Meteorological Institute, 2024. http://dx.doi.org/10.35614/isbn.9789523361898.
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Description: Shipping is responsible for a range of different pressures affecting air quality, climate, and the marine environment. Most social and economic analyses of shipping have focused on air pollution assessment and how shipping may impact climate change and human health. This risks that policies may be biased towards air pollution and climate change, whilst impacts on the marine environment are not as well known. One example is the sulfur regulation introduced in January 2020, which requires shipowners to use a compliant fuel with a sulfur content of 0.5% (0.1% in SECA regions) or use alternative compliance options (Exhaust Gas Cleaning Systems, EGCS) that are effective in reducing sulfur oxide (SOx) emissions to the atmosphere. The EGCS cleaning process results in large volumes of discharged water that includes a wide range of contaminants. Although regulations target SOx removal, other pollutants such as polycyclic aromatic hydrocarbons (PAHs), metals and combustion particles are removed from the exhaust to the wash water and subsequently discharged to the marine environment. Based on dilution series of the Whole Effluent Testing (WET), the impact of the EGCS effluent on marine invertebrate species and on phytoplankton was found to vary between taxonomic groups, and between different stages of the invertebrate life cycle. Invertebrates were more affected than phytoplankton, and the most sensitive endpoint detected in the present project was the fertilisation of sea urchin eggs, which were negatively affected at a sample dilution of 1 : 1,000,000. Dilutions of 1: 100,000 were harmful to early development of several of the tested species, including mussels, polychaetes, and crustaceans. The observed effects at these low concentrations of EGCS effluent were reduced egg production, and deformations and abnormal development of the larvae of the species. The ecotoxicological data produced in the EMERGE project were used to derive Predicted No Effect Concentration values. Corresponding modelling studies revealed that the EGCS effluent can be considered as a single entity for 2-10 days from the time of discharge, depending on the environmental conditions like sea currents, winds, and temperature. Area 10-30 km outside the shipping lanes will be prone to contaminant concentrations corresponding to 1 : 1,000,000 dilution which was deemed harmful for most sensitive endpoints of WET experiments. Studies for the Saronikos Gulf (Aegean Sea) revealed that the EGCS effluent dilution rate exceeded the 1 : 1,000,000 ratio 70% of the time at a distance of about 10 km from the port. This was also observed for 15% of the time within a band of 10 km wide along the shipping lane extending 500 km away from the port of Piraeus. When mortality of adult specimens of one of the species (copepod Acartia tonsa) was used as an endpoint it was found to be 3-4 orders of magnitude less sensitive to EGCS effluent than early life stage endpoints like fertilisation of eggs and larval development. Mortality of Acartia tonsa is commonly used in standard protocols for ecotoxicological studies, but our data hence shows that it seriously underestimates the ecologically relevant toxicity of the effluent. The same is true for two other commonly used and recommended endpoints, phytoplankton growth and inhibition of bioluminescence in marine bacteria. Significant toxic effects were reached only after addition of 20-40% effluent. A marine environmental risk assessment was performed for the Öresund region for baseline year 2018, where Predicted Environmental Concentrations (PECs) of open loop effluent discharge water were compared to the PNEC value. The results showed modelled concentrations of open loop effluent in large areas to be two to three orders of magnitude higher than the derived PNEC value, yielding a Risk Characterisation Ratio of 500-5000, which indicates significant environmental risk. Further, it should be noted that between 2018-2022 the number of EGCS vessels more than quadrupled in the area from 178 to 781. In this work, the EGCS discharges of the fleet in the Baltic Sea, North Sea, the English Channel, and the Mediterranean Sea area were studied in detail. The assessments of impacts described in this document were performed using a baseline year 2018 and future scenarios. These were made for the year 2050, based on different projections of transport volumes, also considering the fuel efficiency requirements and ship size developments. From the eight scenarios developed, two extremes were chosen for impact studies which illustrate the differences between a very high EGCS usage and a future without the need for EGCS while still compliant to IMO initial GHG strategy. The scenario without EGCS leads to 50% reduction of GHG emissions using low sulfur fuels, LNG, and methanol. For the high EGCS adoption scenario in 2050, about a third of the fleet sailing the studied sea areas would use EGCS and effluent discharge volumes would be increased tenfold for the Baltic Sea and hundredfold for the Mediterranean Sea when compared to 2018 baseline discharges. Some of the tested species, mainly the copepods, have a central position in pelagic food webs as they feed on phytoplankton and are themselves the main staple food for most fish larvae and for some species of adult fish, e.g., herring. The direct effect of the EGSE on invertebrates will therefore have an important indirect effect on the fish feeding on them. Effects are greatest in and near shipping lanes. Many important shipping lanes run close to shore and archipelago areas, and this also puts the sensitive shallow water coastal ecosystems at risk. It should be noted that no studies on sub-lethal effects of early 19 life stages in fish were included in the EMERGE project, nor are there any available data on this in the scientific literature. The direct toxic effects on fish at the expected concentrations of EGCS effluent are therefore largely unknown. According to the regional modelling studies, some of the contaminants will end up in sediments along the coastlines and archipelagos. The documentation of the complex chemical composition of EGCS effluent is in sharp contrast to the present legislation on threshold levels for content in EGCS effluent discharged from ships, which includes but a few PAHs, pH, and turbidity. Traditional assessments of PAHs in environmental and marine samples focus only on the U.S. Environmental Protection Agency (EPA) list of 16 priority PAHs, which includes only parent PAHs. Considering the complex PAHs assemblages and the importance of other related compounds, it is important to extend the EPA list to include alkyl-PAHs to obtain a representative monitoring of EGCS effluent and to assess the impact of its discharges into the marine environment. An economic evaluation of the installation and operational costs of EGCS was conducted noting the historical fuel price differences of high and low sulfur fuels. Equipment types, installation dates and annual fuel consumption from global simulations indicated that 51% of the global EGCS fleet had already reached break-even by the end of 2022, resulting in a summarised profit of 4.7 billion €2019. Within five years after the initial installation, more than 95% of the ships with open loop EGCS reach break-even. The pollutant loads from shipping come both through atmospheric deposition and direct discharges. This underlines the need of minimising the release of contaminants by using fuels which reduce the air emissions of harmful components without creating new pollution loads through discharges. Continued use of EGCS and high sulfur fossil fuels will delay the transition to more sustainable options. The investments made on EGCS enable ships to continue using fossil fuels instead of transitioning away from them as soon as possible as agreed in the 2023 Dubai Climate Change conference. Continued carriage of residual fuels also increases the risk of dire environmental consequences whenever accidental releases of oil to the sea occur.
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Williams, Janine, Maria Hameed Khan, Robyn Mayes, Trish Obst, and Benjamin Lowe. Getting on at Work: Progression and Promotion of Women with Disability in the Victorian Public Service. Queensland University of Technology, 2023. http://dx.doi.org/10.5204/rep.eprints.241144.
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Overview of the Project Gender inclusivity and equal employment opportunities are key priorities for the Victorian Government. The Gender Equality Act 2020 (the Act) commenced in March 2021 and laid the foundation to improve workplace gender equality in the Victorian public sector. The legislation requires Victorian public sector entities to explicitly address intersecting forms of inequality and disadvantage. The research project aimed to centre the voices of women with disability to provide evidence-based insights into the enablers, barriers and inclusive practices shaping their career progression and promotion in the Victorian Public Service. The research team reviewed scholarly literature, analysed data extracts from the People Matter Survey (2021) and interviewed 49 women with disability from across the Victorian Public Service. Summary of Key Findings People Matter Survey Data 2021 Analysis of the People Matter Survey 2021 data extracts identified statistically significant insights. People who identified as having a disability analysed by gender identity indicated that: ● women and people who identified as non-binary and ‘other’ reported having a disability more often than men. ● women were more likely to use one or more flexible work arrangements. ● more requests for workplace adjustments were made by women, non-binary or ‘other’ gender identities and disability was often identified as a reason for requesting workplace adjustments. ● women and men reported low perceptions of workplace culture related to disability. This was significantly lower for respondents who identified as non-binary, ‘other’ or who preferred not to state their gender. Research Interviews with Women with Disability Interviews with women with disability identified three career patterns. Firstly, broadly inclusive, and positive career experiences. Secondly, broadly non-inclusive career experiences which led participants to feel unsure they had a future career in the VPS. Thirdly, most participants experienced a range of inclusive and non-inclusive career experiences which varied depending on the VPS employer or team in which they were employed. Overall, participants highlighted a desire for: ● the VPS to move forward with more consistency in how it enables the careers of women with disability across all roles and levels of seniority. ● the VPS to move away from putting women with disability in the ‘too hard basket’ towards developing a culture where disability inclusion is characterised by relationships and interactions that reflect ‘respect’ and ‘trust’. Eight themes draw together insights from the interviews with women with disability and identify experiences of the VPS workplace that can enable or create barriers to career progression: ● Sharing Disability Information ● Requesting Workplace Adjustments ● Disability Advocacy ● Team Relations ● Impact of Managers and Supervisors ● Mentorship ● Disability Leadership ● Policy Context and Application To build on the enabling aspects of women with disabilities experiences and remove barriers, the VPS should focus on fostering VPS workplaces where respect and trust are embedded throughout the broader culture. There may be value in identifying one or a small group of VPS employers to lead on developing the inclusive practices identified by participants. The inclusive practices identified by participants were drawn together into three key areas: VPS Managers and Supervisors; Psychological Safety; and VPS Policies and Practices. Respecting the agency of women with disability, their capability and capacity to navigate their career contexts, the report suggests three key areas women with disability may want to focus their energy and sources of support: seeking out mentoring opportunities, considering how they can advocate for their inclusion requirements, and exploring opportunities to share their career experiences with other women with disability.
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Joly, Kyle, and Matthew Cameron. Caribou vital sign annual report for the Arctic Network Inventory and Monitoring Program: September 2022?August 2023. National Park Service, 2023. http://dx.doi.org/10.36967/2301773.
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Caribou (Rangifer tarandus) are an integral part of the ecological and cultural fabric of northwest Alaska. Western Arctic Herd (WAH) caribou roam over this entire region, including all 5 Arctic Network (ARCN) Inventory and Monitoring Program?s National Park units. Conservation of healthy caribou populations is specifically mentioned within the enabling legislation (Alaska National Interested Lands Conservation Act or ANILCA) for 3 of these park units and is of importance to subsistence hunters. Caribou are, by far, the most abundant large mammal in northwest Alaska and are famous for their long-distance migrations and large population oscillations. For these reasons, the ARCN parks chose WAH caribou as a Vital Sign for long-term monitoring. This report documents the monitoring results of this Vital Sign during its 14th year (September 2022?August 2023) of implementation. Results from the previous years of monitoring are also included for ease of comparison. Periodic syntheses of these data will be performed and reported on as appropriate. National Park Service (NPS) monitoring of the WAH is done in conjunction and cooperation with the Alaska Department of Fish and Game (ADFG). Thanks to a 2015 data sharing agreement, the report includes data funded by the ADFG dating back to September 2013. That particular year was chosen as it represents when the ADFG started deploying a substantial number of GPS collars on an 8-hour relocation schedule. Monitoring of the herd relies heavily on the use of Global Positioning System (GPS) radio telemetry collars that are capable of transmitting location data to a satellite. Given the extremely remote area that the WAH inhabits, this system provides the most efficient and accurate means to track individual caribou. These data are utilized to monitor the timing and location of migrations, as well as seasonal distributions of WAH caribou. Monitoring movement and the phenology of movement is perhaps the simplest means to track the influences of climate change, natural perturbations, development, and other potential impacts on a species?an analysis of which is outside the scope of this current report. This report also documents the NPS commitment and involvement with the WAH Working Group. The group is composed of important stakeholders including representatives for rural villages, sport hunters, conservationists, hunting guides, hunting transporters, and reindeer herders. In addition, all the agencies charged with managing the WAH, including the ADFG, NPS, US Fish and Wildlife Service (FWS) and Bureau of Land Management (BLM), serve as advisors to the group. Information gathered by the Caribou Vital Sign monitoring program are intended to supplement and complement existing data streams gathered by the other cooperating agencies and will be important in future management decisions.
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Lidmo, Johannes, Maja Brynteson, and Ágúst Bogason. National Support Initiatives in Nordic Spatial Planning. Nordregio, March 2024. http://dx.doi.org/10.6027/r2024:61403-2503.
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The Nordic countries share many cross-sectoral targets at the national level to meet ambitious environmental, social, sustainable and innovative development goals and standards. When it comes to spatial planning, central governments in the Nordic countries often have limited power to influence local-level priorities, particularly with respect to regulating land use and adopting a range of policies that impact sustainable urban development. In parallel, various new planning approaches, as well as a range of nationwide support mechanisms have emerged in the Nordic countries, often with the aim of supporting and steering municipalities’ efforts to achieve sustainable urban development. Our report aims to better understand such initiatives and how they are connected to spatial planning efforts in Nordic municipalities by examining one national support initiative in each Nordic country, illustrated with learnings from municipal case studies. We examined FutureBuilt in Norway, the Partnership for Vibrant City Centres in Denmark, the Borgarlína project in Iceland, the Sustainable City programme in Finland and Visions: in the North in Sweden. As shown by the findings from our case studies, different perspectives on external governance – such as state intervention versus municipal self-governance in Nordic countries – highlight challenges in influencing local urban development due to limited state mandates. National support initiatives emerge as an alternative means to guide local development. They may serve to foster collaboration and inclusivity, particularly when inspiring local, strategic spatial planning, as seen in the Swedish case study. National support initiatives are viewed as complementary tools to spatial planning that support sustainable urban development processes and projects. Though they take various forms, their purpose and impact should be understood within the overall context. Collaboration and lessons learned from national support initiatives have the potential to enhance legislation or state intervention. However, an imbalance in municipalities’ access to support poses a challenge in each Nordic country. It is therefore crucial to assess the appropriateness and purpose of support, recognising that municipal pathways are influenced by the way in which support is designed. Striking a balance with respect to state-municipal governance is essential. In short, we can draw the following recommendations: A partnership-based approach with collaboration between various stakeholders enhances inclusivity. New ways of working that are agile and flexible and focus on the local context should be emphasised for effective outcomes. The importance of long-term commitments and policy coherence in the field of sustainable urban development should be emphasised at both national and municipal levels. Efforts should be made to ensure continuity in sustainable urban development initiatives beyond the duration of the given programme. A more formal and institutionalised way of obtaining government funding for sustainable urban development projects at the local level should be developed in some countries. That could level the playing field for municipalities with varying resources, knowledge and lobbying capabilities. In other countries, capacity building – including training and resources – can be provided to help municipalities navigate support options and apply for them. It is beneficial to create platforms providing information about support for sustainable urban development and to make municipalities aware of upcoming calls well in advance.
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The Opportunity Framework 2020: Identifying Opportunities to Invest in Securing Collective Tenure Rights in the Forest Areas of Low- and Middle-Income Countries. Rights and Resources Initiative, September 2020. http://dx.doi.org/10.53892/rhaa9312.
Full textAbstract:
Indigenous Peoples, local communities, and Afro-Descendant Peoples (IP, LC & ADP) — roughly 2.5 billion people — customarily manage over 50% of the global land mass, but governments currently recognize their legal ownership to just 10% (RRI, 2015). Fortunately, there has been progress in addressing this historic injustice in recent years as governments have begun to pass legislation and achieve court decisions to recognize the historic and customary use and ownership of these lands. A recent stock-taking finds that since 2002, at least 14 additional countries have passed legislation that require governments to recognize these rights. Similarly, there have been positive national and regional level court decisions in numerous countries supporting the formal recognition of the collective land and forest rights of Indigenous Peoples, local communities, and Afro-descendant Peoples. RRI research demonstrates that if only 7 countries implemented these new laws, policies, and court decisions, over 176 million hectares would be transferred from government to Indigenous, local community, and Afro-descendant ownership, benefitting over 200 million people (RRI, 2018). The focus of this report, and the Framework itself, is limited to formal recognition of land and forest rights (i.e. delimitation, mapping, registry, etc.). It does not assess the important and subsequent steps of strengthening community or territorial governance, the enforcement of these rights by governments, or the capacities necessary to enable Indigenous, local community, and Afro-descendant organizations to manage or exploit their resources or engage in enterprises or economic development activities – all of which are essential for sustained and self-determined conservation and development. This Framework focuses on the first step in this longer process.