612 resultados para Statutory Intrepretation
Resumo:
This thesis examines the spatial and temporal variation in nitrogen dioxide (NO2) levels in Guernsey and the impacts on pre-existing asthmatics. Whilst air quality in Guernsey is generally good, the levels of NO2 exceed UK standards in several locations. The evidence indicates that people suffering from asthma have exacerbation of their symptoms if exposed to elevated levels of air pollutants including NO2, although this research has never been carried out in Guernsey before. In addition, exposure assessment of individuals is rarely carried out and research in this area is limited due to the complexity of undertaking such a study, which will include a combination of exposures in the home, the workplace and ambient exposures, which vary depending on the individual daily experience. For the first time in Guernsey, this research has examined NO2 levels in correlation with asthma patient admissions to hospital, assessment of NO2 exposures in typical homes and typical workplaces in Guernsey. The data showed a temporal correlation between NO2 levels and the number of hospital admissions and the trend from 2008-2012 was upwards. Statistical analysis of the data did not show a significant linear correlation due to the small size of the data sets. Exposure assessment of individuals showed a spatial variation in exposures in Guernsey and assessment in indoor environments showed that real-time analysis of NO2 levels needs to be undertaken if indoor micro environments for NO2 are the be assessed adequately. There was temporal and spatial variation in NO2 concentrations measured using diffusion tubes, which provide a monthly mean value, and analysers measuring NO2 concentrations in real time. The research shows that building layout and design are important factors for good air flow and ventilation and the dispersion of NO2 indoors. Environmental Health Officers have statutory responsibilities for ambient air quality, hygiene of buildings and workplace environments and this role needs to be co-ordinated with healthcare professionals to improve health outcomes for asthmatics. The outcome of the thesis was the development of a risk management framework for pre-existing asthmatics at work for use by regulators of workplaces and an information leaflet to assist in improving health outcomes for asthmatics in Guernsey.
Resumo:
PigBal is a mass balance model that uses pig diet, digestibility and production data to predict the manure solids and nutrients produced by pig herds. It has been widely used for designing piggery effluent treatment systems and sustainable reuse areas at Australian piggeries. More recently, PigBal has also been used to estimate piggery volatile solids production for assessing greenhouse gas emissions for statutory reporting purposes by government, and for evaluating the energy potential from anaerobic digestion of pig effluent. This paper has compared PigBal predictions of manure total, volatile, and fixed solids, and nitrogen (N), phosphorus (P) and potassium (K), with manure production data generated in a replicated trial, which involved collecting manure from pigs housed in metabolic pens. Predictions of total, volatile, and fixed solids and K in the excreted manure were relatively good (combined diet R2 ≥ 0.79, modelling efficiency (EF) ≥ 0.70) whereas predictions of N and P, were generally less accurate (combined diet R2 0.56 and 0.66, EF 0.19 and –0.22, respectively). PigBal generally under-predicted lower N values while over-predicting higher values, and generally over-predicted manure P production for all diets. The most likely causes for this less accurate performance were ammonium-N volatilisation losses between manure excretion and sample analysis, and the inability of PigBal to account for higher rates of P uptake by pigs fed diets containing phytase. The outcomes of this research suggest that there is a need for further investigation and model development to enhance PigBal’s capabilities for more accurately assessing nutrient loads. However, PigBal’s satisfactory performance in predicting solids excretion demonstrates that it is suitable for assessing the methane component of greenhouse gas emission and the energy potential from anaerobic digestion of volatile solids in piggery effluent. The apparent overestimation of N and P excretion may result in conservative nutrient application rates to land and the over-prediction of the nitrous oxide component of greenhouse gas emissions.
Resumo:
This report summarizes the Commission's activities during the fiscal year which included accomplishments for FY 85-86, History and Organization of the Health and Human Services Finance Commission , Summary of Law/statutory authority, commission advisory committee, Medical Care Advisory Committee, Statewide Health Coordinating Council, management organization chart, and financial Statement for FY85-86.
Resumo:
This report summarizes the Commission's activities during the fiscal year which included accomplishments for FY 85-86, History and Organization of the Health and Human Services Finance Commission , Summary of Law/statutory authority, commission advisory committee, Medical Care Advisory Committee, Statewide Health Coordinating Council, organizational chart, and financial Statement for FY86-87.
Resumo:
This report summarizes the Commission's activities during the fiscal year which included accomplishments for FY 87-88, History and Organization of the Health and Human Services Finance Commission , Summary of Law/statutory authority, commission advisory committee, Medical Care Advisory Committee, Statewide Health Coordinating Council, management organization chart, and financial Statement for FY87-88.
Resumo:
This report summarizes the Commission's activities during the fiscal year which included accomplishments for FY 88-89, History and Organization of the Health and Human Services Finance Commission , Summary of Law/statutory authority, commission advisory committee, Medical Care Advisory Committee, Statewide Health Coordinating Council, management organization chart, and year-end expenditure report.
Resumo:
This report summarizes the Commission's activities during the fiscal year which included accomplishments for FY 89-90, History and Organization of the Health and Human Services Finance Commission , Summary of Law/statutory authority, commission advisory committee, Medical Care Advisory Committee, Statewide Health Coordinating Council, management organization chart, and financial Statement for FY 89-90.
Resumo:
This report summarizes the Commission's activities during the fiscal year which included accomplishments for FY 90-91, History and Organization of the Health and Human Services Finance Commission , Summary of Law/statutory authority, commission advisory committee, Medical Care Advisory Committee, Statewide Health Coordinating Council, management organization chart, and expenditure report.
Resumo:
Ten years ago, cohabitants in Scotland had no statutory rights in respect of their deceased partner’s estate. Section 29 of the Family Law (Scotland) Act 2006 gave cohabitants the right to apply to the court for discretionary provision from their deceased partner’s intestate estate. This thesis examines the process of making such an application and the way that the provisions have been applied in practice. The juxtaposition of the Family Law (Scotland) Act 2006 and the existing rules for intestate succession in the Succession (Scotland) Act 1964 is considered, with particular focus on the subordination of cohabitants’ rights to the succession rights of a surviving spouse, and the negative impact that this may have on children. It is concluded that the current succession framework is incapable of protecting cohabitants and children in reconstituted families. Potential measures are considered to displace the traditional primacy of marital succession rights, and provide a fair and flexible system of succession law that is capable of dealing with complex family structures.
Resumo:
This report summarizes the Commission's activities during the fiscal year which included accomplishments for FY 91-92, History and Organization of the Health and Human Services Finance Commission , Summary of Law/statutory authority, commission advisory committee, Medical Care Advisory Committee, Statewide Health Coordinating Council, management organization chart, and expenditure report.
Resumo:
This report summarizes the Commission's activities during the fiscal year which included accomplishments for FY 92-93, History and Organization of the Health and Human Services Finance Commission , Summary of Law/statutory authority, commission advisory committee, Medical Care Advisory Committee, Statewide Health Coordinating Council, management organization chart, and expenditure report.
Resumo:
This report summarizes the Commission's activities during the fiscal year which included accomplishments for FY 93-94, History and Organization of the Health and Human Services Finance Commission , Summary of Law/statutory authority, commission advisory committee, Medical Care Advisory Committee, Statewide Health Coordinating Council, management organization chart, and expenditure report.
Resumo:
PigBal is a mass balance model that uses pig diet, digestibility and production data to predict the manure solids and nutrients produced by pig herds. It has been widely used for designing piggery effluent treatment systems and sustainable reuse areas at Australian piggeries. More recently, PigBal has also been used to estimate piggery volatile solids production for assessing greenhouse gas emissions for statutory reporting purposes by government, and for evaluating the energy potential from anaerobic digestion of pig effluent. This paper has compared PigBal predictions of manure total, volatile, and fixed solids, and nitrogen (N), phosphorus (P) and potassium (K), with manure production data generated in a replicated trial, which involved collecting manure from pigs housed in metabolic pens. Predictions of total, volatile, and fixed solids and K in the excreted manure were relatively good (combined diet R2 ≥ 0.79, modelling efficiency (EF) ≥ 0.70) whereas predictions of N and P, were generally less accurate (combined diet R2 0.56 and 0.66, EF 0.19 and -0.22, respectively). PigBal generally under-predicted lower N values while over-predicting higher values, and generally over-predicted manure P production for all diets. The most likely causes for this less accurate performance were ammonium-N volatilisation losses between manure excretion and sample analysis, and the inability of PigBal to account for higher rates of P uptake by pigs fed diets containing phytase. The outcomes of this research suggest that there is a need for further investigation and model development to enhance PigBal's capabilities for more accurately assessing nutrient loads. However, PigBal's satisfactory performance in predicting solids excretion demonstrates that it is suitable for assessing the methane component of greenhouse gas emission and the energy potential from anaerobic digestion of volatile solids in piggery effluent. The apparent overestimation of N and P excretion may result in conservative nutrient application rates to land and the over-prediction of the nitrous oxide component of greenhouse gas emissions. © CSIRO 2016.
Resumo:
The object of analysis in the text are the issues concerned with the transmission easement and the adverse possession thereof on the grounds of the Polish law. The text features: (1) a historical outline of the solutions concerned with easements in the Polish law following 1945, (2) the institution of transmission easement introduced in 2008 and the solutions concerned with the claims for the establishment thereof at court, (3) the institution of adverse possession of transmission easement pursuant to civil law regulations, judicature and the legal doctrine. On account of the need to elaborate the wide-ranging legal issues concerned with the transmission easement in this text, the analysis embraces two research questions giving rise to the following conclusions: (1) What function is performed by the institution of transmission easement in the system of civil-law relations in the Polish law? The legislator in the articles introducing a transmission easement ossified the solutions functioning in the judicature of the Polish courts before 2008. The legal interpretation took a turn for clarification, that is for the establishment of a norm in the situation where its comprehension was dubious. It is noteworthy that in the period prior to 2008, the law provided for easement appurtenant, and on account of the usual course of judicial decisions also for easement appurtenant with the content corresponding to transmission easement. In 2008 these two “legal existences” were supplemented with a transmission easement, which nevertheless failed to resolve all the legal problems; nay, this gave rise to even more problems, e.g. the one of non-establishment of interpolar norms which would address the issues arising in connection with the use of various easement institutions in legal transactions. While amending the civil law, the legislator aimed to bring order to legal transactions by streamlining the unregulated actual state of easement in relation to transmission infrastructure, but also in relation to the situations where an easement was yet to be established and a facility yet to be constructed. Thus, such action is intended to regulate the disorderly legislation in force as well as to safeguard investment processes. This is of particular significance, for example, for energy companies which are burdened with statutory public-law obligations as regards securing energy supplies and providing for the development of energy infrastructure. Hence, the de facto introduced civil-law solutions indirectly served to realise the principles of the doctrine of easement in the public interest. (2) What legal problems in the civil-law relations does the application of the institution of transmission easement by adverse possession entail? On account of the functioning of various institutions of easement, that is (1) an easement appurtenant, (2) an easement appurtenant with the content corresponding to a transmission easement, and as of 2008 (3) a transmission easement, a problem arose as to which of the given easements companies exercised in particular periods, all the more so because before 1989 the State Treasury owned them and many of the transmission facilities were put in place by virtue of administrative decisions. The commonly held belief is that in the period of “society-oriented economy” as well as up to 2008 infrastructure companies could exercise an easement appurtenant which corresponded to the content of a transmission easement. Therefore, in such a case the running of the prescriptive period should allow for the general rules laid down for an easement appurtenant. Apart from the problem of the relation of a capacity to exercise a right to property and the free development of civil-law relations before 1989, the recognition of the running of prescriptive periods – given the functioning of the three various easements as legal institutions – became a significant legal problem. By way of illustration, the recognition – against the period of exercising transmission easement – of the period required for the acquisition thereof by adverse possession, whereby before 3 August 2008 the real estate featured the legal state corresponding to the content of this right, is debatable. One cannot recognise that within that period a transmission easement was exercised, because such a right was not in existence as yet. Therefore, the institution that might be employed is the running of the period as regards the adverse possession in relation to an easement appurtenant with the content of a transmission easement. Still, the problem remains as to whether the period of the exercise of the easement appurtenant with the content corresponding to a transmission easement can be recognised against the period of possession required for the adverse possession of a transmission easement pursuant to the regulations introduced in 2008. One might incline to the position whereby in such a case it would be right to fully recognise – against the period of exercising a transmission easement – the period of exercising an easement appurtenant corresponding thereto in respect of its content. That being so, the adverse possession of a transmission easement might ensue in such a situation on 3 August 2008 at the earliest, that is the moment the regulations governing this right come into effect. Conversely, if the prescriptive period expires before that date, the entrepreneur would acquire an easement appurtenant with the content corresponding to the transmission easement. Such an interpretation is aligned with the purpose intended by the legislator, which is to bring order to the actual state of the broadest scope with the aid of a new legal instrument. The text, while analysing the issue of a transmission easement and an adverse possession thereof as a institution of the civil law, presents only some selected problems. Hence, the analysis does not include, for example, the issues concerned with claims for remuneration (for usufruct without contractual basis or usufruct fees), or claims for compensation (redress or amends). Furthermore, the text does not conduct a more profound analysis of the relation between the provisions regulating public-law relations (e.g. acts of law introducing the institution of dispossession) and the provisions regulating civil-law relations (the easements in question).
Resumo:
Analysis of terms ‘social relationship’ and ‘legal relationship’ in the literature of legal theory and legal philosophy encounters many difficulties especially because of the ambiguity of such terms as ‘law’, ‘positive (statutory) law’, ‘rule’, ‘legal rule’, ‘norm’ and ‘legal norm’. Insight into the mentioned above literature points out that particularly the former pair of these notions have been so far wrongly considered as equivalent. It does not result a correct description of the relationship between different normative social systems such as statutory (positive) law, morality, religion and customs. Next it translates into a numbers of disputes about the content of positive law both in law-making’ and law-applying’s decisions.