A law of general application is alaw that applies so long as another law does not expressly exclude its operation. Many federal,provincial and municipal land laws fit within this description and they apply to most real estate developments located on non-First Nation lands.File Size:274KBPage Count:25
Is the Expropriation Act a law of general application?
The current Expropriation Act is regarded as law of general application.21 Therefore, any expropriation effected in terms of this Act would satisfy the law of general application requirement in section 25 (2) of the Constitution.
What are rules of general application?
Rules of General Application means those rules promulgated by the Administrator, in its sole discretion, from time to time with respect to the matter of reference, but which will be applied in a similar manner to Participants similarly situated.
What is an LNG law of general application?
Law of General Application means any Law other than a Provincial Law that applies exclusively to the Proponent, the Project or to the processing in British Columbia of Natural Gas by liquefaction into LNG.
What is presumption of general application?
Presumption of general application means a presumption that applies to all legislation across the board. As a result law makers need not list each such proceeding in all bills.
What happens if there is a conflict between a Bylaw and a Law of General Application?
If there is a Conflict between a Bylaw under section 17.41.3 and a Law of General Application, the Law of General Application prevails to the extent of the Conflict.
What is flea and tick insecticide?
Flea and tick insecticide means any insecticide product that is designed for use against fleas, ticks, their larvae, or their eggs. “Flea and Tick Insecticide” does not include products that are designed to be used exclusively on humans or animals and their bedding.
What is a law of general application?
Law of General Application means any Law other than a Provincial Law that applies exclusively to the Proponent, the Project or to the processing in British Columbia of Natural Gas by liquefaction into LNG. For certainty, a Law of General Application, includes any Law relating to health, safety or environmental protection (including in relation to greenhouse gas or carbon emissions) that does not apply exclusively to the Proponent, the Project or to the processing British Columbia of Natural Gas by liquefaction into LNG, even where such Law: (a) wil~ or could reasonably be expected to
What is anti-corruption law?
Anti-Corruption Laws means all laws, rules, and regulations of any jurisdiction applicable to the Borrower or its Subsidiaries from time to time concerning or relating to bribery or corruption.
What does "law" mean in a project?
Law" or "Laws means any federal, state or local government law, rules or regulations applicable to the Project.
What is a general affirmation?
General Affirmations means the statements in Attachment C, attached hereto and incorporated herein for all purposes, that Developer agrees to and affirms by executing this Contract.
What is self administration of medication?
Self-Administration of Medication means the individual manages and takes his or her own medication, identifies his or her medication and the times and methods of administration, places the medication internally in or externally on his or her own body without staff assistance upon written order of a physician, and safely maintains the medication without supervision.
What is a commercial applicator?
Commercial applicator means a person, corporation, or employee of a person or corporation who enters into a contract or an agreement for the sake of monetary payment and agrees to perform a service by applying a pesticide but does not include a farmer trading work with another, a person employed by a farmer not solely as a pesticide applicator who applies pesticide as an incidental part of the person’s general duties, or a person who applies pesticide as an incidental part of a custom farming operation.
What are the environmental health and safety requirements?
Environmental, Health or Safety Requirements of Law means all Requirements of Law derived from or relating to foreign, federal, state and local laws or regulations relating to or addressing pollution or protection of the environment, or protection of worker health or safety, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq., and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., in each case including any amendments thereto, any successor statutes, and any regulations or guidance promulgated thereunder, and any state or local equivalent thereof.
What is the definition of safety laws?
Safety Laws means the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq., as amended, and any regulations promulgated thereunder or any equivalent foreign, territorial, provincial state or local Law, each as amended, and any regulations promulgated thereunder or any other foreign, territorial, provincial, federal, state or local Law, each as amended, and any regulations promulgated thereunder, pertaining or relating to the protection of employees from exposure to Regulated Substances in the workplace (but excluding workers compensation and wage and hour laws).
What are anti-bribery laws?
Anticorruption Laws means laws, regulations or orders relating to anti-bribery or anticorruption (governmental or commercial), which apply to the business and dealings of the Company, each Subsidiary of the Company, and the shareholders of the Company; including, without limitation, laws that prohibit the corrupt payment, offer, promise, or authorization of the payment or transfer of anything of value (including gifts or entertainment), directly or indirectly, to any Government Official, commercial entity, or other any other Person to obtain a business advantage; such as, without limitation, the PRC anticorruption laws, the U.S. Foreign Corrupt Practices Act of 1977, as amended from time to time, the UK Bribery of 2010 and all national and international laws enacted to implement the OECD Convention on Combating Bribery of Foreign Officials in International Business Transactions.
What is a general radiation standard?
Environmental Protection Agency (EPA) under the authority of the Atomic Energy Act of 1954, as amended, that impose limits on radiation exposures or levels, or concentrations or quantities of radioactive material, in the general environment outside the boundaries of locations under the control of persons possessing or using radioactive material.
What is foreign construction material?
Foreign construction material means a construction material other than a domestic construction material.
What is practical application?
Practical application means to manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of a machine or system; and in each case, under these conditions as to establish that the invention is being utilized and that its benefits are to the extent permitted by law or Government regulations available to the public on reasonable terms.
What is the purpose of S 2 of the Expropriation Act?
S 2 (1) of the Expropriation Act authorises the minister of public works to expropriate property in terms of the Act, but s 2 (2) of the Act makes it clear that the minister may expropriate property in terms of s (1) or ‘any other law’ . The Act does not further indicate what is meant by the term ‘law’. 16.
What is the meaning of section 22(2)?
Section 22 (2) requires that regard must be had to ‘applicable law’ when any action is taken in terms of section 22 (1). At issue was whether a licence holder has to obtain consent from the relevant landowner before such licence holder performs any of the actions in section 22 (1) of the Act.
What is the constitutional validity of section 22 of the Electronic Communications Act?
In Link Africa, the Court considered the constitutional validity of section 22 of the Electronic Communications Act.58Section 22 (1) of the Act permits a licence holder to ‘enter upon any land’ for the purposes of constructing, maintaining, altering or removing an electronic communications network.
What is the expropriation bill?
The Expropriation Bill of 2015, which is set to replace the current Expropriation Act of 1975, will be the primary and overarching piece of legislation that will govern expropriation in South Africa. Similar to the Expropriation Act, the Expropriation Bill empowers the minister of public works to expropriate property. The Bill also recognises that expropriating authorities other than the minister of public works may expropriate property if those authorities are specifically empowered by other legislation to expropriate property.37 Irrespective of whether property is expropriated in terms of the Bill or other empowering legislation, the procedure set out in the Bill must be applied. In this regard, the Bill provides detailed guidelines as to how the expropriation process is to be implemented by the relevant authority. The Bill also sets out how compensation is to be calculated if property has been expropriated in line with the requirements as set out in the Bill.
What is an expropriating authority?
In clause 1 of the Bill, an ‘expropriating authority’ is defined as ‘an organ of state or a person empowered by this Act or any other legislation to acquire property through expropriation’. 29 ‘Expropriation’, in turn, is defined as the ‘compulsory acquisition of property’.30.
What is section 36?
Section 36 (1) states that ‘ [t]he rights in the Bill of Rights may be limited only in terms of law of general application …’ . In theory, section 36 (1) would be applied if there were a limitation of a right in the Bill of Rights.
What is the law of general application?
The ‘law of general application’ requirement has been considered, to some extent, in the context of the limitation of rights in terms of section 36 (1) (the limitation clause) of the Constitution. Section 36 (1) states that ‘ [t]he rights in the Bill of Rights may be limited only in terms of law of general application …’.