Green building incentives: A review

Green building incentives are important to promoting green building. However, it lacks a systematic review of existing knowledge. This paper aims to elicit the common themes in studies of green building incentives through a systematic review. It is found that the common research areas into green building incentives are incentive categorisation, its effectiveness on promoting green building development, criticism of current green incentive implementation and strategies for improving green building incentives. Green building incentives are categorised into external and internal incentives. The external incentive is a forced choice whereby beneficiaries are required to fulfil specified conditions or requirements before benefitting, while the internal incentive allows beneficiaries to be incentivised out of volition because of the appeal of the benefits of green buildings. The external incentives, which are largely provided by the government, are divided into financial and non-financial incentives. It is found that owners are more incentivised by non-financial incentives. In terms of effectiveness, both external and internal incentives are important instruments for promoting green building, although it is not clear which are the more effective. Furthermore, the review uncovered criticisms of external green building incentives, which mainly focus on shortcomings in administering the incentives by the government. The strategies for improving green building incentives were also found, the most important of these being the need for the government to redirect its approach of providing incentives so that owners can be encouraged to pursue green building. The review findings signify the importance of the government in relation to green building incentives. Further research areas that could expand the knowledge of green building incentives are also recommended.

Build-up of toxic metals on the impervious surfaces of a commercial seaport

In the context of increasing threats to the sensitive marine ecosystem by toxic metals, this study investigated the metal build-up on impervious surfaces specific to commercial seaports. The knowledge generated in this study will contribute to managing toxic metal pollution of the marine ecosystem. The study found that inter-modal operations and main access roadway had the highest loads followed by container storage and vehicle marshalling sites, while the quay line and short term storage areas had the lowest. Additionally, it was found that Cr, Al, Pb, Cu and Zn were predominantly attached to solids, while significant amount of Cu, Pb and Zn were found as nutrient complexes. As such, treatment options based on solids retention can be effective for some metal species, while ineffective for other species. Furthermore, Cu and Zn are more likely to become bioavailable in seawater due to their strong association with nutrients. Mathematical models to replicate the metal build-up process were also developed using experimental design approach and partial least square regression. The models for Cr and Pb were found to be reliable, while those for Al, Zn and Cu were relatively less reliable, but could be employed for preliminary investigations.

Assignments of non-retail commercial leases: Some contentious issues

Assignment clauses in non-retail commercial leases are as infinitely varied as the circumstances in which disputes arise. Each clause must be individually interpreted as part of the lease in which it is embedded. Whilst the assignment of a lease is one of the most commonplace transactions between lessor and lessee, the case law reveals few unifying principles. This article seeks to cautiously identify a set of principles which should be in the mind of any lawyer when a dispute relating to an assignment arises. It concludes with a short checklist of matters which must be considered by such a person to encourage the application of principles in the first instance towards a resolution of the dispute.

Accountability for good faith in commercial dealing: The Carter v Boehm legacy 250 years on

In common law jurisdictions such as England, Australia, Canada and New Zealand good faith in contracting has long been recognised in specific areas of the law such as insurance law and franchising, and more recently the implied duties of good faith and mutual trust and convenience in employment contracts have generated a considerable volume of case law. Outside of these areas of law that may be characterised as being strongly‘relational’ in character,the courts in common law jurisdictions have been reluctant to embrace a more universal application of good faith in contracting and performance. However increasingly there are cases which support the proposition that there is a common law duty of good faith of general application to all commercial contracts. Most important in this context is the recent decision of the Supreme Court of Canada in Bhasin v Hrynew.1 However, this matter is by no means resolved in all common law jurisdictions. This article looks at the recent case law and literature and at various legislative incursions including statutes, codes of conduct and regulations impacting good faith in commercial dealings.