The federal 14-day quarantine policy will override the port’s powers under state law. utah state aggies football aggies all the way full printing ugly sweater Port authorities will therefore be bound by the 14-day isolation rule but can also implement stricter protocols if they wish to.
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being issued by regulators will be key to assessing compliance risks for your business during the COVID-19 outbreak. It is promising that some regulators are signalling plans to relax enforcement activity, utah state aggies football aggies all the way full printing ugly sweater in recognition of the significant difficulties businesses may have meeting their environmental obligations and approval requirements over the coming months. Planning and environmental laws and approval conditions are typically framed as absolute compliance requirements linked to quantitative limits, targets or timeframes. These may include deadlines for reporting requirements, maximum allowable emissions to air or water, or obligations to cease or modify operations where environmental outcomes are not met. Associated offence provisions in legislation for failing to comply
with these requirements tend to be strict liability offences, with a business exposed to enforcement action for non-compliance where a condition is breached, an unauthorised discharge occurs or environmental harm is caused. If the lease includes an obligation on the tenant to keep the premises open or to actively trade from the premises, a tenant’s decision to voluntarily close its premises due to the spread of COVID-19 may breach this obligation. However, Australian courts have stated that specific performance and injunctions compelling a lessee to trade will only be ordered in exceptional circumstances. This means the landlord would be unlikely to obtain a court order to force the tenant to re-open . In the event of a government-mandated closure, it is unlikely the landlord would be able to enforce an obligation on the tenant to keep the premises open or to actively trade from the premises. The tenant’s obligation to comply with all relevant laws would likely trump the keep-open obligation.
