This is a simplified guide to the process of buying a property in the Turks and Caicos Islands. While all reasonable endeavours are taken to ensure that it is correct at the time of print it does not purport to be an exhaustive analysis of the relevant laws as may be applicable to you ...
A recent decision of the Ontario Court of Appeal clearly illustrates the kinds of problems caused by site contamination at a shopping centre. The case should be of interest to anyone who works on commercial transactions. If there is something to be learned from this story, it is that you need to understand risk before accepting it. THE FACTSBelow I relate the facts of the case in detail because they are key to understanding the conclusions to be drawn from what happened ...
Section 3(e)(i) of the Subdivision of Agricultural Land Act (the Act) provides that agricultural land shall not be sold or advertised unless the Minister has consented to it in writing. There are currently conflicting judgements as to whether this provision applies to an option to purchase agricultural land ...
COOLING TOWERS AND ASBESTOS : NEW OBLIGATIONS FOR OWNERS, TENANTS, MANAGERS AND EMPLOYERS Over the last year and half, the legislator has addressed the building safety issues in order to ensure the safety of the occupants and visitors of these buildings, as well as the persons who may be exposed to hazards because of equipment attached to such buildings ...
A divided Supreme Court held that the Environmental Protection Agency (EPA) exceeded its authority under the Clean Air Act (CAA) when it required certain sources emitting greenhouse gases (GHG) to obtain permits under the Prevention of Significant Deterioration (PSD) and Title V Operating Permits (Title V) programs. The decision in Utility Air Regulatory Group v. EPA (No. 12-1146) on Monday, June 23, reversed the decision of the D.C. Circuit Court of Appeal that upheld EPA’s rules ...
Consistent with President Obama’s Climate Action Plan, EPA today published two sets of proposed rules, which it refers to as “carbon pollution standards,” relating to greenhouse gas emissions from fossil fuel-fired electric generating units - for existing stationary sources (79 Fed. Reg. 3480) and for modified and reconstructed sources (79 Fed. Reg. 34980). The publication of these proposals starts the clock running on comments, which are due on or before October 16, 2014 ...
The high cost threshold system or public procurement: The Swedish pharmaceutical subsidy system is based on a high cost threshold system for consumer products such as prescription medicines sold to end consumers via pharmacies. The relatively generous system also includes some medical devices; certain consumption articles prescribed for self-care use are included, as these in practice for the patient are considered to fulfill a similar function to prescription medicines ...
On 2 July 2014, the new regulations regarding further building permit exemption measures will come into effect. Among the news is the opportunity to construct 25 m2 ancillary residential dwelling without requiring a building permit. However, the amendments are not entirely without controversy and have been met by strong criticism from several respondents ...
For the purpose of reducing the time of creation of new companies and helping medium-sized and small companies in their organization, the Ministry of Economy (Mineco) submitted a proposal to make modifications to the Mercantile Register. Such modifications include changes in tariffs, online inquiries concerning the names of companies, reduction of terms and improvements in procedures ...
After 115 years under the old regime, the new Water Sustainability Act received Royal Assent on Friday May 20, 2014: an historic occasion to celebrate? Not quite yet, perhaps. The fact is the vast majority of the new statute will not have the force of law until authorized by the Lieutenant Governor in Council at an unspecified future date (section 219). With new water regulations not expected until the spring of 2015, it seems that the new Act will not be binding until that time ...
The Comprehensive Environmental Response, Compensation and Liability Act, commonly referred to as CERCLA or Superfund, does not contain any provision for a private cause of action for personal injury or property damage relating to the release of hazardous substances ...
For the second time this year, the Constitutional Tribunal has considered a challenge to the court fees for appeals against rulings by the National Appeals Chamber in public procurement cases. The maximum fee of PLN 5 million was held to be disproportionately high. Earlier this year, in Case No. SK 25/11 (14 January 2014), Poland’s Constitutional Tribunal upheld the constitutionality of one aspect of Art ...
Quebec regulations create numerous obligations in connection with equipment that poses a risk to the environment. Replacing PCB-containing transformers, for example, or having high-risk oil and gas equipment inspected. Regulatees may be required to file reports, maintain registers or hold permits. From a regulatory perspective, the management of ozone depleting substances is a big file ...
On March 28, 2014, the White House released its Climate Action Plan Strategy to Reduce Methane Emissions. The oil and natural gas sectors are clearly in the cross-hairs for reductions. The report indicates the oil and natural gas sector was responsible for 28 percent of man-made methane emissions in 2012—second only to the agricultural sector, which accounts for 36 percent of emissions ...
The Constitutional Court has confirmed a decision of the Western Cape High Court that section 44 of the Land Use Planning Ordinance is unconstitutional and invalid, thereby closing off the ability of developers and objectors to appeal to province to overturn and replace unfavourable rezoning, subdivision and departure decisions made by local authorities ...
When the National Environmental Management: Waste Act, 59 of 2008 (“NEMWA”) came into operation, in July 2009, the operation Part 8 of Chapter 4 (the “Contaminated Land Provisions”) was deferred to a later date. In terms of a recent government gazette, [1] the Contaminated Land Provisions will now come into operation on 2 May 2014 ...
This paper is a virtual, international roundtable discussion of recent developments in environmental law, including developments pertaining to sustainability and energy development. The questions and answers include a discussion of recent greenhouse gas permitting developments in Texas, the role of sustainability in project development, measures for a corporation to take to become sustainable, hot issues in the environmental area, and the environmental impact of fracking. 4 ...
The release of the second installment of the Intergovernmental Panel on Climate Change’s Fifth Assessment Report on March 31, 2014, provoked the usual calls for urgent and immediate action in response to climate change, including in particular at the international level in the form of a new climate treaty built upon domestic regulatory regimes.1 Irrespective of whether these calls for action are overly strident or carefully measured, the law plays a central role ...
In terms of section 29 of the National Environmental Management: Air Quality Act 39 of 2004 (“NEMAQA”), which provides for pollution prevention plans: “(1) the Minister of Environmental Affairs (the “Minister”) may: (a) declare any substance contributing to air pollution as a priority air pollutant; and (b) require persons falling within a category specified in the notice to prepare, submit to the Minister or MEC1 for approval, and implement pollut
The English case of Malcolm Newbury v Sun Microsystems Ltd, [2013] EWHC 2180 (Q8) illustrates the importance of carefully wording settlement offers. Although not a construction case, this of course applies equally to construction cases. Malcolm Newbury ("Mr Newbury") commenced legal proceedings against Sun Microsystems Ltd ("Sun") for just over US$2 million, being commission payable under a contract, and Sun counterclaimed for an alleged overpayment ...
BackgroundThe case relates to the insolvency of a women’s fashion retailer and their shops in Bristol and Leicester.In 2010 the landlords entered into agreements to surrender and deeds of variation with the company in relation to the two shops. The agreements granted rent concessions and in return the company agreed to surrender the leases for a premium, payable by the company ...
The news last week that the development of the Haymarket site in Edinburgh is to receive £9 ...
The Court of Appeal has overturned existing rules in England and Wales about administrators’ liability to pay rents falling due before their appointment. The Court ruled that rent payable in advance will now be treated as an administration expense for the whole period of occupation of premises by administrators for the benefit of the administration. Game's administrators sold the assets of the group, including a number of the stores, which continued to trade ...
