1.2       Staff

The most appropriate contact is your teacher. If necessary they will contact the Course Coordinator at the University of Ballarat.

 

	Coordinator	Lecturer/Tutor
Name:	Philippa Wells	Luis Quintero
Phone:
Email:	[email protected]	[email protected]
Office:
Web:

 

1.3       Consultation Hours

 

You can contact the lecturer during class times for consultation times.

 

1.4       Prescribed Text

This subject will be conducted on the presumption that students have a copy of:

 

Vickery, R., Pendleton, W. and Flood, M. (2012).  Australian business law – compliance and practice.  (7^th ed.).  FrenchsForest, NSW:  Pearson Education Australia

(the immediately previous editions of each text are acceptable but no earlier)

 

1.5       Plagiarism

Plagiarism is presenting someone else work as your own and is a serious offence with serious consequences. As set out in the University Regulation 6.1.1, students who are caught plagiarising will, for a first offence, be given a zero mark for that task. A second offence will result in a failing grade for the course(s) involved and any subsequent offence will be referred to the Student Discipline Committee.Student must be aware of the University Regulation 6.1.1 Student Plagiarism, available at http://www.ballarat.edu.au/legislation/6.1.1-plagiarism. The link to the library website for more information is:http://www.ballarat.edu.au/library/assignment-and-research-help/referencing

 

Students must:

• fully reference the source(s) of all material, even if you have re-expressed the ideas,facts or descriptions;
• acknowledge all direct quotations; and
• not submit work that hasbeen researched and written by another person

 

Turnitin–Turnitinis a software application that allows students to check their assignments for referencing and citation omission or incorrect paraphrasing.

 

For this course you are to submit your Final Assignment through Turnitin and the Task Assessment Drop Box in UBOnline.

You are also required to submit all assignments in Hard Copy at the Assessment Centre on Level 7 at MIT Melbourne

 

1.6       UBOnline

UBOnlineis used to host course resources for all courses. Students can download lecture and tutorial notes to support class participation.Students login to the UBOnlineathttps://ubonline.ballarat.edu.au/login/index.php.

 

 

This course is designed to enable you to:

Knowledge

• Develop knowledge of the regulatory environment which organisations need to manage;
• Understand the policy reasons for regulation, what constitutes ‘good regulation’, the various forms of regulation and the issues surrounding its ‘successful’ implementation;
• Consider the motivators for compliance and good corporate/organisational citizenship;
• Develop knowledge of key legal: systems, institutions, participants and fundamental principles;
• Understand how core legal concepts, rights and obligations are created and developed;
• Consider what shapes the laws we have and the limits of law to change behaviour;
• Consider how legal issues can be managed by organisations.

Skills

• Further develop your independent research skills, including the ability to locate relevant laws and understand how to go about interpreting them;
• Recognise legal issues or risk situations and be able to determine what steps need to be taken to manage them
• Evaluate the role of law in organisations and their activities and responsibilities;
• Further develop your analytical and critical thinking skills so you can assess the effectiveness of laws/regulation and how they apply to organisations

 

Values/Attitudes

• Appreciate the complexity of the legal/regulatory environment within which organisations operate;
• Appreciate the interconnectedness of law and other factors in management;
• Appreciate that law is influenced by social, economic, political, ethical, environmental and international considerations;
• Accept responsibility for and value learning.

 

 

Topics and sub-topics may include:

Topic One –  Introduction to the Legal Environment of Organisations

q  Different ways of conceptualising the legal environment and regulation

q  Role and limits of law in influencing social and business behaviour

q  The complexity of law arising from the different layers of laws, and systems for classifying laws, including an understanding of the basic distinctions between:

• Federal and State law
• Public and Private law
• Criminal and Civil law
• Substantive and Procedural law
• Statute and case-based law or common law

q  Creation and development of legal rights and obligations in Australia (precedent and statutory interpretation)

q  How the law is administered in Australia, including the role of the courts, government/regulatory agencies, lawyers and other professionals concerned with the administration of justice (and where possible a comparison with other systems)

q  Finding the law, interpreting the law and legal reasoning

q  Compliance, risk management and corporate social responsibility issues

q  Skills building : researching and writing about managing law

Topic Two:  Governance and Ethics

q  Ethical and economic theories influencing law and community expectations of the legal system and conduct or organisations

q  Corporate governance

• Companies compared to other types of business structures
• Role of various participants and stakeholders
• Duties of decisionmakers

q  Relationship between law, ethics and corporate social responsibility

Topic Three:  Standards of Conduct and Promises the Law will Enforce

q  Crime vs tort vs contract vs business regulation

q  Standards set by law:  torts and crimes

• Torts
  • negligence: objectives, principles, legislative intervention
  • reason for reforms: balancing responsibilities
  • critical reflection on the impact of negligence law and risk management issues
  • Crimes
    • personal
    • regulatory
    • target organisation or individual?

q  Promises ‘negotiated’

• The law of contract
  • Underlying assumptions
  • Formation, rights and obligations, validity, enforcement
  • Managing contracts

q  Regulatory intervention of particular relevance

• Privacy
• Whistleblowing
• Ombudsman
• Other

q  Critical reflection on the complexity of law and how to manage it

 

Topic Four:   Reflection

q  Managing a complex legal environment in a global context

q  What are some of the strategies regulatory bodies use to ensure compliance and do they work?

q  Compliance or beyond compliance? – motivators for good corporate citizenship

q  Are there better ways than law to encourage responsible business behaviour?  –  limits of law

 

You should note that these topics are just one way of arranging the material. Many issues and questions could be raised under two or more topics.

 

Summary

It is emphasised that this course requires a significant commitment outside of formal class contact.  The learning tasks in this course may include classes, required reading, the preparation of answers to set questions, exercises and problems, and self-study. In addition, students are required to complete two assignments.

 

Summary of suggested time allocations for this course

 

Classes	7 hours per session for five sessions	35 hours
Reading	7 hours per week for 5 weeks	35 hours
Preparation of questions, exercises and problems	5 hours per week for 5 weeks	25 hours
Preparation of assignment 1		20 hours
Preparation of assignment 2		35 hours
TOTAL		150 hours

 

Attendance and Participation

It is in students’ interest to make every effort to attend all the classes for this course and to complete all preparatory and assessment tasks. It is our experience that those students who do not attend class or carry out the associated activities are more likely to do poorly or to fail the course completely.

 

Learning Task	Assessment	Weighting
Comprehending prescribed texts and other reading, critical thinking, analysis, consolidation of understanding of concepts, cases, legislation and application within a case-study context	Assignment 1 PART A-PART D Due: Week 6 (Friday 27th April 2012) PART E-PART F Due: Week 8 (Friday 11th May 2012) (Assignmentswill be worked on during tutorials)	15%     15%
Planning, research and writing of a piece of work involving discussion on how to manage legal risk within a business context or critical evaluation of law and compliance issues	Assignment 2 Draft Due: Week 10 (25th May 2012)   Final Submission Due Date: Week 12 (8th June 2012) (See notes on Final Submissions)	70%
Critical reading of prescribed and supplementary materials, preparing for and participating in class	Attendance of 80% or more is required

 

Note on Assessment

 

The University of Ballarat PASS grade is achieved at 50%. To pass thiscourse the student must accumulate a minimum of 50% of the total marks available.

 

Students are strongly advised to attempt ALL assessment tasks. Students who do not submit a task(s) or fail a task(s) in the semester will be identified as a ‘student at risk’ of unsatisfactory academic progress (outlined in the Business School Handbooks) and will be directed to the School’s Intervention Program.Students who encounter difficulties or who are otherwise concerned regarding their progress should consult their lecturer.

 

Assessment criteria set out the details by which your performance in each task will be judged. This information will give you a clear and explicit understanding of the standards you are expected to achieve relative to the marks awarded.

The purpose of the assessment is to enable you to:

• Undertake independent research of a topic of your choice within the framework given;
• Demonstrate understanding of the legal/regulatory environment and relevant laws as well as economic, ethical, social/cultural, international and political issues;
• Demonstrate the ability to investigate, synthesise and analyse;
• Communicate the findings in a formal price of work and meet a deadline;
• Enhance your analytical and written communication skills; and
• Enhance your professional development.

 

 

Imagine you are the CEO of an organisation:

 

(a)             Summarise in about 250-500 words the characteristics/features of the organisation (you can choose a statutory/government body or select a business or not-for-profit organisation if you prefer and describe what goods/services it provides).  (You will use this information again in the final essay)

(b)             Outline any legal governance, management and relationship issues that affect the organisation as a whole (this is to link you into the lecture material) (about 250-500 words – awareness not depth is required at this stage)

(c)             List any general and specific legislation that is of particular importance in regulating the organisation and any relevant industry or similar bodies

(d)             Outline areas of high legal risk for the organisation as a whole and SELECT ONE which will become the centre of your final essay discussion  (although adjustments may need to be made after receipt of feedback on your report)

 

Start researching the law and non-law issues surrounding this one risk area as required by (e) and (f)

(e)             Write up a brief annotated bibliography for the resources found up until now (see instructions below.  An example will be given in class.)

(f)               Write up a proposed plan for the final essay – dot points are acceptable – about two pages long – showing which part of which resources look relevant for each point.  That is, you must link the research you have done so far to the points in the plan and should include key words and questions you think you will need to follow up, further research avenues you think you need to follow. (An example will be given in class.)

 

Criteria:  you will be assessed on the extent to which you have

• Addressed points (a) to (f) above;
• Shown an understanding of and thoughtfulness about legal risk in business;
• Discovered a range of resources and assessed their usefulness;
• Shown an understanding of how those resources will be used to explore particular points in your plan and what further resources are needed.

 

Note that the due date has been set to ensure you receive feedback on the report allowing you to respond to this feedback in your final essay.

 

You are to submit your draft report in-class in Week 10 (25^th May 2012) so that you can receive feedback on your draft report and topic progress.  You will now need to respond to the feedback given on your report and explore in more depth the relevant principles of the law and whether the law is in need of reform prior to the final submission

During Week/s 3-4, students will be required to attend a Library Research Training Session and a Referencing Skills Workshop.  Attendance at and participation in these workshops will contribute up to (10%) of the final mark for this Assessment.

During the Semester you will be asked to provide a brief overview of your research to the class.  Your lecturer will allocate a time for you to do this.

You will work towards producing an essay which addresses:

(a)                   the challenges your chosen area of law presents for organisations and managers(some of this will have been addressed in the report but you will have become more sophisticated in your understanding through more research and reflection)

(b)                   objectives of the existing law (same comment as for above)

(c)                   factors influencing the content of that law (same comment)

(d)                   its content (or an aspect of it)  (this is where you need to expand your research and demonstrate greater depth in  understanding)

(e)                   the impact it has on the management of businesses  (needs to be much more developed than in the report)

(f)                     whether there is a need for reform (eg does it hinder or assist business activity?) and what factors (legal and non-legal) will influence that reform. (This is new and was not covered in the report, except perhaps in the dot point plan).

 

Note:  a normal List of References and/or Bibliography (depending on style) is required for the essay (ie do NOT annotate it)

 

YOU MUST ATTACH YOUR REPORT (STAGE ONE) TO YOUR FINAL ESSAY (STAGE TWO).

 

Final Essay Criteria:  you will be assessed on the extent to which you have:

• Addressed points (a) to (f) above;
• Demonstrated understanding and critical thought about the law, management and non-legal influences;
• Researched via a number of mediums (paper based, online) and sources (texts, articles, government/regulatory sites) and USED that research to inform your work
• Written in a clear and professional way, with good: English expression, spelling, sentence construction, grammar and proof reading;
• Used the APA style to reference in-text (direct quotes and paraphrasing) and the List of References.

 

The purpose of this part of the Report is to record and reflect on your search process so far, to allow you to evaluate what information you have found and need to find, and to allow your lecturer to give you feedback about whether you are on the right track!

Please prepare a structured annotated bibliography using the following headings:

 

(a)   Relevant textbooks

List at least three textbooks are useful.  Write down which chapters/pages appear relevant, where the text can be/was obtained, and BRIEFLY why the text will be useful.  You can also include texts that appeared to look useful (eg via their title) but which you have found are not – eg out of date?

(b)   Relevant academic journal articles

List at least two journal articles, with at least one being refereed (peer-reviewed).  These may include articles from journals found on electronic databases as well as paper journals.

In relation to each article, briefly comment on how it might be or is relevant to your selected issue and organisation.

If this is not explicit from the reference style, indicate where each journal article is available (ie. database name or library at which the journal is held).

(c)   Other materials

You may find useful discussion papers, submissions made by industry bodies, reports, notes by individuals etc. from the internet or elsewhere.  PLEASE use the correct style for these:  See the University’s General Guide for the Presentation of Academic Work for assistance.

For each reference, please comment briefly on where and how you found it, why it is relevant and how authoritative it is.

(d)   Cases and Legislation

List any cases that appear useful, where you found them and why they may be useful.  You are NOT expected to spend a large amount of time searching for case judgmentseg via the Austlii database or to read long cases, although the CCH online library cases do have a summary headnote at the beginning you could use.  As much as possible, though, you should find cases from secondary sources (eg texts, journals).

List legislation that you have found to be relevant.

 

(e)   Comment on whether you think you have sufficient resources, and/or what type of resources you think you will need to find to write your essay and where you will look to find them!

 

 

 

As semesters and contact hours vary between UB locations, delivery is usually scheduled across three hours a week for 12 weeks. If your location runs this course over less than 12 weeks, your lecturer will adjust the timing of the delivery of the materials.

 

Please note that the sequence and content of lectures and tutorials may need to be changed and the following information should be used as a guide only.

 

WEEK	TOPIC
1 & 2	Introduction to the Legal Environment of Organisations
3 & 4	Governance and Ethics   During weeks 3 and 4 students will be required to attend a Library Research Training Session and a Referencing Skills Workshop
5, 6, 7 & 8	Standards of Conduct and Promises the Law will Enforce
9, 10 11	Reflection
12	Course Review

 

 

Where to find legislation and cases?  There are many places – the following are a few of the main ones:

Each Parliament/Attorney General’s Department has a website where legislation can be accessed eg:

Victoria:  www.legislation.vic.gov.au (includes Bills, Explanatory

Memorandum, second reading speeches)

Federal:  www.comlaw.gov.au

General entry point:  www.law.gov.au for all States, Territories and Federal departments, legislation etc.

 

Legislation, cases and articles can be accessed via a free website:  www.austlii.edu.au (worth doing a second check to see if legislation has been updated)

 

Legislation, cases and commentary can also be accessed via databases the University pays for (some timesneed a password which can be accessed on the library website) –   eg

• Anstat (Victorian statutes – best for up-to-date information);
• CCH on-line law libraries

 

Other Useful references –not comprehensive – when researching it is best to start with texts first, then try government/regulator sites (see later) and the University’s online sources, THEN ‘google’!

 

Understanding the legal system – every business law or commercial law text has a section on this, including your prescribed text.

 

A very simple explanation is also given in:

Carvan, J. (2005). Understanding the Australian legal system. (5^th ed.). Sydney, NSW: Lawbook Co.

 

Other Topic Areas

There are numerous texts available in the library.  The following are just a selection.  To find out what else is available, do a ‘key word’ search.  All ‘business law’ and ‘commercial law’ texts have chapters on business structures, contract, negligence, trade practices and other relevant law areas.

 

Australian master trade practices guide. (2006).Sydney, NSW:  CCHAustralia.

Baron, D.P. (2000).  Business and its environment. (3^rded.). UpperSaddleRiver: Prentice Hall

Bottomley, S. &Bronnit, S. (2005)  Law in Context.  (3^rd ed.). Annandale, NSW: Federation Press

Clarke B., Sweeney, B. and Bender, M. (2010). Marketing and the law. (4th ed.). Sydney, NSW: Butterworths.

Ciro, T. and Symes, C. (2009) Corporations law in principle (8^thed.). Pyrmont, NSW: Lawbook Co.

Corones, S. & Clarke, P.H. (2008).  Consumer protection and product liability law: commentary and materials.  (3^rd ed.). Pyrmont, NSW:  Lawbook Co.

Davies, M. &Malkin, I.  (2008).  Torts.  (5^th ed.).  Chatswood, NSW:  LexisNexis Butterworths

Farrar, J.  (2008).  Corporate governance: theories, principles and practice. (3^rd ed.).  South Melbourne, Vic: OxfordUniversity Press

Harris, J., Hargovan, A. & Adams, M.  (2008).  Australian corporate law.  Chatswood, NSW:  LexisNexis Butterworths

Latimer, P. (2008). Australian business law. (27^th ed.). Sydney, NSW: CCH.

Miller, R.V.  (2008).  Miller’s annotated Trade Practices Act: Australian competition and consumer law.  (29^thed).  Pyrmont, NSW:  Thomson Lawbook Co.

Price, R.  (2009).  Employment law in principle. (3^rd ed.).  Rozelle, NSW:  Thomson Reuters

Reynolds, R. &Stoianoff, N.P. (2008).  Intellectual property: text and essential cases. Annandale, NSW: The Federation Press

Tooma, M. (2008).  Safety, security, health and environment law.  Sydney:  The Federation Press

 

You will also find useful material on the following websites

Law publishers also provide websites with a lot of short articles, access to cases etc (see www.findlaw.com.au and www.cch.com.au ) and most law firms have short articles available (you can locate them using the findlaw.com.au site)

Regulators, government departments and industry organisations also have a wealth of information – from guides to the legislation, policy documents, discussion papers etc.  The following are some examples of government or regulator websites:

 

Anti-Discrimination

Victorian Human Rights and Equal Opportunity Commission –

http://www.humanrightscommission.vic.gov.au/Home.asp –

Commonwealth Human Rights and Equal Opportunity Commission –

www.hreoc.gov.au

 

Australian Legal System

Department of Justice – http://www.justice.vic.gov.au/

Legal On Line – http://www.legalonline.vic.gov.au/

High Court of Australia – http://www.highcourt.gov.au/

 

Business and corporate affairs

Australian Securities and Investments Commission – http://www.asic.gov.au/asic/asic.nsf

Consumer Affairs Victoria – http://www.consumer.vic.gov.au

Business Victoria – http://www.business.vic.gov.au/BUSVIC/HOMEPAGE/

 

Consumer protection and competition laws

Australian Competition and Consumer Commission – http://www.accc.gov.au

Consumer Affairs Victoria – http://www.consumer.vic.gov.au

 

Occupational health and safety

SafeworkAustralia, replaced Australian Safety and Compensation Council which replaced National Occupational Health and Safety Commission!  – www.safeworkaustralia.gov.au

Victorian WorkSafe – occupational health and safety and workers’ compensation informationhttp://www.worksafe.vic.gov.au

 

Workplace Relations Act

Cth Department of Education, Employment and Workplace Relations – contains full text of the Workplace Relations Act and Regulations and amending legislation, press releases, text of speeches by the Minister and User Guides on various aspects of the Workplace Relations legislation – http://www.dewr.gov.au/

 

Cth Government site for the Workplace Authority  – http://www.workplaceauthority.gov.au/ –

 

Cth Government site for Workplace Australia – access to employment information, careers, training – www.workplace.gov.au

SOLUTION

Impact of Urbanization on Environment

 

The concept of organizational refers to the general increase in the population of an area and the level of industrialization. It includes the augmentation in number and extent of the cities. Urbanization also symbolizes the movement of the people of rural areas towards the urban areas. It takes place due to the increase of thing in the density and extent of the urban areas. The migration of people living in less industrialized areas to move industrialized regions increases the density of population in such areas. The beginning of urbanization goes back to their Renaissance period in the 16th century when the assaults by Turks resulted in the movement of Christians from East to the Western European countries (Searle, 2006). The result was that trade grew in these areas and the great development took place in European cities along the coast. Urbanization got a further boost with the advent of industrial revolution. The population of major cities in Europe and America started to increase considerably during the 18th and 19th centuries. Chicago in USA is often cited as an example of the dramatic increase in the extent and population of the cities. The city which had only 15 people increased to a population of 20 million in only a period of 78 years (Kelly , 2007).

There are several causes behind urbanization and it generally takes place when people start moving from the villages to the cities in search of a better standard of living (Williams, 2004). Such migration generally takes place in the developing countries. Unpredictable weather conditions like draughts and floods also adversely affect the likelihood of the people. As a result farmers start moving towards the cities in search for a better income. Urbanization has both adverse as well as beneficial consequences and it has a great impact on environmental and social areas. The environmental impact of urbanization includes a rise in temperature. It also increases air pollution through the trees and auto mobiles which are the symbols of urbanization. Air pollution occurs due to the harmful emissions from the factories and vehicles (Ryan, 2004). Research has shown the presence of high amount of suspended particulate matter in the air in cities which had become a significant health hazard and contribute to allergies and respiratory problems among the people. Water cycle also changes when urbanization takes place as the cities need much more rainfall as compared to the surrounding areas. Water pollution also takes place due to the dumping of sewage in water bodies by the factories. Water pollution can also lead to the outbreak of epidemics. Urbanization also results in the destruction of habitats as lots of forested areas have to be destroyed to make an area urbanized (Arnold, 1992).

Urbanization is a major change that is taking place throughout the world. The tipping point was achieved in 2007 when more than half of the population of the world was living in urban areas. It is estimated that by the year 2030 around 60 percent of the population of the world will be living in urban areas. This rush towards the cities was also caused by the attraction towards the opportunities for economic development and regeneration of wealth (Bindon, 1992). This attraction has resulted in the phenomenon of megacities which are the urban areas having a population of 10 million or more. The rapid growth of megacities has caused severe ecological, social and economical problems. It is becoming increasingly difficult to manage the growth of urbanization in the sustainable way. It has been recognized that more than 70 percent of the growth takes place beyond the formal process of planning. This informal or unplanned urbanization has become a major issue even in developed countries like Australia. Urbanization is a major contributor in climate change. The 20 largest cities of the world consume around 80 percent of the energy of the world. These urban areas also generate 80 percent of the greenhouse gas emissions throughout the world.

The land professionals are faced with the challenge to deal effectively and efficiently with the environmental as well as social and economic consequences of urbanization. They are required to resolve issues like climate change, energy scarcity, infrastructure chaos and environmental pollution. There are a number of major issues like high urban density, transport, energy inadequacy, traffic congestion and unplanned development (Wiggins, 1988). The inevitability of further growth in population is also a common issue. Some cities have reported that their administrations have very little control on the growth of population. Monitoring changes in population effectively and the ability to respond through infrastructure development and planning is a major challenge. Informal settlements are also a problem in a number of these cities. Rising number of residents in the cities do not have temporary or permanent access to adequate shelter. This is caused by a number of factors like the structural social inequalities and non-pro-poor or pro-gender land policies. Ineffective and inefficient land administration systems which are also expensive for the end-user are also one of the causes. Similarly emergency management and natural hazards remain the major issues in most of the cities. There could be a difference in the risk profile from fires, earthquakes, floods or other hazards but the common requirement is the ability to plan and recover from these disasters (Sester, 2009).

A large number of cities face the problem of overlapping or unclear responsibilities among the internal and external agencies which leads to an operational dysfunction. It is widely believed that the solutions to the problems faced by megacities need complete response from internal units and also the external agencies in areas like planning, development infrastructure, land use, controls, transportation environmental management and water management (Buxton and Scheurer 2007). Even when the city planning is coordinated centrally, the administration generally has very little control over the implementation of policies and plans like those related building controls and land use. The influence of a megacity reaches beyond its administrative boundaries and can be felt in its periphery and the regions beyond. This greater region needs to be managed holistically so that the economic benefits of the city can be maximized. The regional planning as to placing greater emphasis on the effective governance of these regions and the cooperation and development control, planning and sharing information becomes vital (Gunningham and Grabosky, 1998).

In a number of cases the infrastructure providers are not directly a part of the planning and development process of the city administration and while some are private enterprises, others could be located at a different level of the administration. This could cause a problem with the strengthening of services and proactive planning. Most of the cities support at least some level of participation by civil society in the planning and design of the services like the involvement of the citizens in the process of urban planning.

The rapid growth of urbanization has caused severe ecological as well as social and economical problems and experts are trying to find ways to nurture this growth in a sustainable manner. Land professionals are faced with the challenge of providing information to political and professional managers of the cities in a timely manner so that more proactive decision-making can be supported which encourages an effective sustainable development. In this regard spatial information has become indispensable in a large number of aspects related urban development, management and planning. The rising importance of this information can be attributed to the recent developments made in capturing spatial information. This includes satellite remote sensing, management using the geographical information systems and other database tools (Goodsir, 2005c).

Effects of Urbanization: it is commonly speculated that most of the main problems related with environment in the next century will be the result of the continuation and sharpening of present problems that are not receiving required attention at present. These problems are not noticed in many countries and even where the situation is detected, nothing is done to tackle the situation in time (PCA, 2004). The emerging issues are the scarcity of freshwater, climate changes, pollution, population growth and deforestation. These problems are very complex in nature and it is difficult to define their interactions. These problems need to be examined through the social economic and cultural systems. Even though we have much more knowledge regarding the interaction between the environmental problems, there is still a lack of information regarding the way these issues are interlinked and up to what degree the interact with each other or the most effective measures to deal with these issues. The main cause of a large number of environmental problems is the rapid growth in human population. This increase in population has resulted in a corresponding increase in the demand for food, water, housing, clothing, energy and consumer goods. The rapid growth in population not only decreases the available calories supply from food but it also poses a risk of pollution to the present food production (Williamson et al, 2009).  At present half of the population of the world is living in cities which means that the other half which lives in rural areas has to produce food for the population residing in urban areas. As most of the growth in population occurs in urban areas, the pressure on rural areas to produce food for all also increases correspondingly. Rising urbanization results in the need for different products and more consumption. For achieving the required level of production more water is needed and it also creates more pollutants Keneally (The Hon Kristina, 2009).

Problems in food production: plants require water, solar energy and other nutrients to grow and there are only a few things that can be changed by humans to help the plants grow more. It is the amount of water and the fertilizers. The availability of food and water are linked together closely due to the enormous need for green water. The quality of water is generally threatened by domestic and industrial wastes. Numerous side effects to water resources are also produced by agriculture which includes accumulation and wash off of pesticides, leaching of nutrients, increased salinity and erosion (Farrier And Stein,  2006).

Urbanization also results in causing pollution to air, water and soil. The industrialized countries which have a higher standard of living and high number of cars produce much more air pollution and greenhouse gases as compared to the developing countries. The developing countries also do not have access to the new technologies like emission systems, smokestack scrubbers or wastewater treatment plants but the developed nations can use these technologies to effectively reduce the environmental hazards. In a large number of cities air has already become so polluted that it is causing illness and premature deaths among the children and elderly. Previous studies show that the disease rate rises with the rise in the level of air pollution. Air pollution is also harmful for water and environment for example it causes acid precipitation and the acidity of water. Major cause of ambient air pollution in urban areas comes from motor vehicles, heating and electricity generation and the fossil fuels industry (Cuff et al. 2008).

The explosive growth in vehicles in the cities has also become a major cause of concern. Urbanization has caused the problem of chaotic auto mobile traffic which is becoming increasingly difficult to cope up with. Failed urban planning is the major cause behind these traffic problems in urban areas. The rapid growth of population has surprised the capabilities of a large number of cities. It has been seen that many urban plans have failed because they were overambitious as compared to their existing capabilities. The reason behind such failure includes the deficiency of proper administrative and legal framework as well as in adequate financial resources and technical skills (Holliday, 1998).

A major cause of water pollution in the urban areas is the lack of sanitation and sewage treatment. These cities use their local water bodies as a dumping ground for their untreated water generated by their urban areas or industries. Another widespread problem is the discharge of chemicals in water bodies. Several rivers are treated as open sewers and in many cities there is not even the service to collect garbage or the presence of an effective system (Wiebe and Meinzen-Dick, 1998).

The management of solid waste is also a major challenge in the cities. Such management means the proper collection, recycling and disposal of solid waste but in a large number of cities inefficient systems for solid waste disposal can be seen (DUAP, 2001). The waste generated by industries, institutions and hospitals is even more problematic than the household waste as it generally contains hazardous and toxic chemicals. Special care is required while changing, transporting, storing and disposing these chemicals but at many places these chemicals are allowed to go directly into the water bodies which can even contaminate the whole water cycle. Disposal of solid waste is generally similar with the disposal of liquid and both generally end up at illegal dump on the streets, wastelands, drains or rivers or at other open spaces. Serious environmental problems are found to follow if solid waste is around to be disposed off at open spaces or in the streets. In some cities solid waste is also used at the landfill but the decomposed can also pollute groundwater through seepage. This can lead to serious health impacts especially in places where the use of ground water for drinking is common. Yet another environmental problem in the cities is caused by the burning of garbage. In their bid to get rid of solid waste people sometimes burn garbage in their backyards and the gases which are produced by such burning have a detrimental effect on the environment and can even cause several respiratory diseases (DECC, 2007). The volume of per capita waste generated in the cities is also increasing as the level of income increases. This can be attributed to the high level of consumption when the income increases. In big cities this is a major problem and authorities are finding it difficult to keep up with the waste generated by people in the cities. It is well-known that in big cities the amount of waste generated is really huge and is very difficult to handle effectively. On the other hand in low income places the amount of waste generated is not so big but the collection system is unable to handle it. Managing the mountains of solid waste has become a major challenge for the city authorities (Williams, 2009).

Urbanization and water resources: Household and municipal water needs are a small part of the problem with water supply. Throughout the world, industrial water use is at least double than the domestic use. While the developing countries face water problems in their efforts related with industrialization and modernization, the increasing scarcity of water can actually lead to substantial deterioration in future (Daniels and Bowers, 1997). Rising urbanization has also given rise to several problems in the cities due to inadequate financial services and the increasing gap between rich and poor along with the unsustainable use of land, insecure land tenure and uncoordinated development. Rising urbanization has also given rise to problems like increasing homelessness, rising crime, lack of jobs and deteriorating services, infrastructure and buildings stock. The result is that urbanization creates more pollution and has an adverse impact on the environment (DoP, 2005b). The Australian states and territories have primarily relied on the regulatory based framework of statutory planning. The planning systems in Australia are statutory based and are prescribed by different State and territory legislations which include the Planning Act. These statutes impose a number of constraints and regulations using a system of land use zoning, building regulations, heritage provisions and development standards. The problems associated with the management of urban development in Australia especially those arising out of the protection of natural resources have been discussed in several studies conducted in the past (Clinton,  1994).

Although urban areas cover only a small part of the surface of the earth, the greenhouse gas emissions resulting from operations of the cities and the construction activity taking place in the cities is very large. (Daniels, 1999). These emissions are increasing constantly and the gases released by urban areas have become the dominant anthropogenic source. Moreover the rising temperatures in the cities result in greater demand for energy and resources and also make the residents of urban areas more will have to extreme conditions like heat waves (DEP, 1988). Therefore it is important that the drivers of urbanization become central to the global research on environment as the urban areas and their population will continue to expand in size and number. The present urban areas are going to experience the development and refurbishment and the decisions regarding the way how it will take place will influence the life of the people living within the buildings in the cities (Goodsir, 2005b). Urbanization impacts the climate and the effects can be felt at the global level as well as on regional and local scale. However the local effects of much greater in magnitude and increase the vulnerability of the residents of these areas to future changes in global environment. (Albrecht, 2008). The interventions made at regional and local level have the potential to mitigate the broader effects of environmental change both directly as well as indirectly. The links between urbanization and environmental changes are very complex and although predicting the impact of these changes on the global level is still uncertain, at the local effects of urbanization on the environment have been documented for long (Goodsir, 2005a). Profound surface and atmospheric changes have been associated with construction activities and the operations of the cities. New surface materials that are associated with new buildings, roads and other infrastructure alter the exchange of energy and water and airflow. Combined with the direct anthropogenic emission of carbon dioxide, heat and other pollutants, the result is the creation of distinct urban climate in these areas (Enemark , 2009).

 

 

It is very important that the construction activities should be carried out in accordance with the legislation aimed at protecting the environment. Each member of the construction company present at the site is responsible for complying with these legislations (Bindon, 1992). Furthermore the Environment Protection Act 1993 prescribes a general duty for everyone to not to harm the environment by creating pollution. Significant penalties have been prescribed by the environmental legislation for offenses against the environment. Some of the legislations which are relevant for environment protection during construction activities are the Agricultural Chemicals Act 1955, Aboriginal Heritage Act 1988, Animal and Plant Control Act 1986, Country Fires Act, 1989, Dangerous Substances Act 1979, Development Act 1993, Environment Protection And Biodiversity Conservation Act 1999 (Commonwealth), Pollution Of Waters By Oil And Noxious Substances Act 1987, Soil Conservation And Land Care 1989 and Water Resources Act 1987.

Environmental management in construction companies deals with the control of its activities which could have an adverse impact on the environment. For example the construction of infrastructure could have significant impact on the environment if it is not undertaken with diligence. The Transport SA as designed an environmental management systems which could minimize the impact of infrastructure development projects on the environment (Vipond, 2001). The Environment Protection Agency may also issue licenses for a construction site which may contain specific terms regarding these issues like soil erosion control and noise and dust monitoring. Similarly the Environmental Management Implementation Plan contains the most important elements of the system which are employment inspection and monitoring. The plan describes the way how the requirements of environment management are to be implemented and managed during construction activities. Details regarding the ways to mitigate the construction impacts are provided in the plan. The plan also mentions the documentation for the plans of the contractor regarding the inspection, monitoring and correcting the environmental performance at the construction site. However all projects do not need an Environmental Management Implementation Plan. A large number of recommendations aimed at reducing the hazard of any environmental accident as there always a risk of environmental accident during construction activities. Some examples of environmental excellence include significant chemical spill, significant spill of fuel or oil, severe erosion, damage to heritage sites, fire, destruction of their plants outside the construction zones or overflow into creeks or drainage lines from the on-site wash-down areas (Williams, 2004).

The Environmental Guidelines for major construction sites are a useful source for help in preparing and implementing an environmental management plan for construction sites. These guidelines aim to provide the developers and contractors with information regarding ways to avoid and minimize the environmental impact. It is preferable than the option of controlling or treating discharges are undertaking other remedial measures which are less cost effective. The guidelines also provide information regarding the likely impact of construction and urbanization on the environment and the ways to assess such impact (Ryan, 2004). The guidelines also provide a framework to be contractors and developers within which they meet their due diligence obligations and environmental damage. A number of measures proposed in the guidelines also apply to smaller construction sites and should be used whenever possible for avoiding or minimizing the impact on environment arising from urbanization and construction activities. These guidelines do not refer to legislation, regulations or environmental policies of the State and developers and contractors have to be aware of their legal obligations as a responsible for the compliance of these. However the requirements and standards prescribed by legislation are minimum standards and urbanization projects should try to improve on these standards continuously. Environment protection should the integrated at the stage of project planning as it ensures that the measures for avoiding and minimizing impact on environment can be integrated In the design of the project as well as the work schedule (Searle, 2006).

After a site has been selected for construction, it is necessary that an environmental assessment is carried out to identify the parts of environment which may be most vulnerable to damage from such activities. This risk assessment proves very useful while approaching this aspect of the site management. The environmental risks deal with the chances of an event which can cause an undesirable impact on the environment. While defining risk to the environment, there are three events which need to be considered. These are the timeframe during which the risk as to be considered, the chances of the offense of such events and measuring the consequences of such events. The risk assessment related with all aspects of the project can be executed through the construction work program and project design information which is based on site assessment. At the same time identifying the segments of environment which are more vulnerable to damage is also necessary for managing environmental risks. Such an assessment should consider the environmental impact of urbanization. An initial assessment should be carried out at the site to identify the environmental areas or users which are more sensitive and need protection. These may include endangered or sensitive flora and fauna, aquatic animals and plants in case of water way is affected and the groundwater recharge areas. In case where the construction activity is being carried out near schools, hospitals or houses the impact of noise, vibration and air discharge on the health and other amenities of residents living nearby should also be included in such assessment.

Risk assessment for environmental damage due to urbanization has been defined as the characterization and recognition of the nature of present and probable adverse effects of such activities on the environment which could be the result of exposure to environmental hazards during urbanization. Risk is a task of probability of an event taking place and the level of damage that would be caused in case such an event occurs. Environmental assessment provides the information which is required for carrying out such risk assessment. Details of the urbanization project design and also the work programs are required. This assessment allows the identification of significant risks so that remedial action can be taken against them. Such an initial assessment of risk has to be reviewed regularly and the ongoing risk assessment becomes an integral part of the system of environmental management. This process involves reviewing of the present risks and also the identification of new risks which can be identified through the monitoring program (Keneally, 2009).

Risk management is the process of developing an action plan which includes the measures and strategies to reduce significant risks and bring them down to acceptable levels. Risk management has to be applied at the stage of pre-construction planning so that most cost effective environmental outcomes can be achieved. The process of risk assessment and management needs to be updated continuously even during the phase of construction. Precautions which help in preventing environmental problems have to be preferred to structural controls that only reduce our control such risks. Avoiding risk by modifying the design of the project is the most effective approach during urbanization. The selection of a route which bypasses an environmentally sensitive area or avoiding areas which have high potential for erosion or retaining the present topography wherever possible are some of the examples of risk avoidance. Environmental risk can be reduced through the implementation of several strategies. For example during urbanization, work can be sequenced in such a way that only small sections are worked upon at a time. Increasing the frequency of surveillance, monitoring and inspection during urbanization can help in the identification and management of new or underestimated risks. Similarly failures or imminent failures can also be promptly identified and repaired. The implementation of a preventive maintenance program dealing with pollution control installations also helps in reducing the risk in case of equipment failure. Similarly implementation of contingency plans like ensuring prompt corrective action in case of control measure failures also helps in reducing the impact on environment caused by the hazards of urbanization. Risk can also be managed by installing effective control use measures (Gunningham and Grabosky, 1998).

 

Large structural controls are required to be planned and installed before the commencement of construction at any site. The objective of the implementation of risk management strategies is to reduce to acceptable levels the significant risks faced by the environment due to urbanization. An action plan should be developed to manage all the major risks faced by the environment due to urbanization. Risk management measures should be implemented, wherever possible, at the planning stage of a construction project (Goodsir, 2005). The risk management options should be based on avoiding risk, reducing risk and then controlling risk and these options should be selected in this order.

An effective environmental management plan should contain all the aspects of the environmental management of the project. It should be prepared before the commencement of the work at any urbanization project by the contractor. After the risk assessment has been conducted at the site and steps involving the process of risk management have also been completed, the risk management measures are implemented through the environmental management plan. The requirement for environmental management plan for any construction companies to have the presence of an environmental management system and the company. Quality systems are established by the environmental management system in the company which ensures that consistently high environment outcomes are achieved by the company. The environmental management plan is required to contain the best practice source document which I used by the company to address the major environmental risks. These documents are generic in nature and can be applied to the conditions at various sites by segmenting the environmental control plan of the company (Buxton and Scheurer, 2007).

On large urbanization projects it is normal for the construction companies to divide the area into different segments. Each segment requires an individual control plan for the environment. Usually the boundaries of different segments are based on the natural features of the land, the placement of sub catchments at the association between different contractors at the project. There are a large number of elements in these plans which are similar like the hours of operation and controls on emissions from vehicles and noise. However area specific controls may be required by the plan for each segment. The main elements of environmental control plan for each segment are: – work scheduling which involves the action taken for reducing or avoiding the impact on environment by rescheduling or prohibiting or limiting certain activities at the site during specific times of year. It also includes land disturbances which are recorded by mapping the existing topography at the site and also the changes in the landform as the construction progress at each site. This map should recognize the critical areas which need protection like areas with erodible soils, haul roads, bare areas or steep slopes. When the work is being done near and area which is especially environmentally sensitive, special precautions are required to be identified in the plan. Similarly site specific contingency plans are also required for significant risk which are not been controlled in the plan. For example the plan should contain procedures to manage the storm water in case of an intense storm or for repairing a control structure in case it fails. A rehabilitation plan is also required to be developed immediately after the design has been finalized. The construction site needs to be rehabilitated as soon as possible so that the impact on environment due to urbanization remains minimal (Creagh and Munro, 2007).

This plan should also contain a program for maintenance and inspection in case of all the control structures and the measures implemented at the site. Continuous surveillance is required at the site so that the new risks are identified as soon as they arise. The conditions at construction sites keep on changing continuously. Therefore it is required that the initial risk assessment is updated in case of each segment at the site. The up gradation of risk assessment should be integrated into the inspection program itself. The environment control plan should be updated regularly so that it can address effectively the deficiencies which are identified during the process of monitoring or auditing programs as well as the new risks which are identified during surveillance at the site (Daniels, 1999).

The objective of the environmental management plan is to decrease the adverse impact of activities related urbanization on the environment. It has recommended that they should be an environmental management system in place which is the prerequisite for preparing the environmental management plan. The environmental control plan should be prepared for different segments in case of very large sites and in case of smaller sites the whole of site plan could also be prepared. The plan should be able to implement the action plan for risk management at the site and it should include detailed specifications regarding the site but the control. The rehabilitation program for the site should also be included in this plan (Kelly , 2007).

Large projects for urbanization usually cause extensive land disturbance and include the removal of vegetation and the reshaping of topography at the site. These activities related urbanization make the soil vulnerable to erosion. The soil which is removed by such erosion can become airborne and create several dust problems. The soil can also be carried by the water into natural waterways thereby polluting them. The measures which are used to address the impact of land disturbance on the environment of the area should be considered during the planning and design phase of the project (Williams, 2004). There are a number of other environmental issues related with urbanization. The construction companies should have emergency procedures in place and they staff should also be trained to handle the emergency situations which have the potential to cause major environmental damage. The exhaust gases from vehicles, exhaust material from chippers and other machinery are the major potential sources of air pollution at construction projects. The companies should ensure that no risk to health is generated or any loss of amenities is produced because of the air pollution and no damage should be cause to the environment due to the emission of exhaust gases at the site. The construction companies should ensure that all their vehicles and machinery have appropriate emission control equipment. It should also be mentioned and service frequently according to the specifications provided by the manufacturer (Ryan, 2004). The litter generated at construction sites arises from two sources mainly. These are the building material wash-away during storms and the rubbish which is thrown away by the workers at the construction site. The quantity of chemicals and fuel should also be kept to the minimum practicable level. Steps should be taken to reduce the risk of fuel spill on the site and in case a spill occurs, you should be a contingency plan ready with the company to deal with the cleanup process.

 

References:

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