1. 18 March 2009 Christopher Tung
Global Credit and Climate Crisis – New Green Building Opportunities? International Perspective
18 March 2009
Christopher Tung

2. Outline Global green new deal
The goal is sustainability, a balance between economic, social and environmental considerations, NOT environmental priorities alone
Sustainable building life cycle NOT just a part of that cycle
Interrelationships
Sensitivity of policy and law to sustainable development (SD) considerations
The range of legal responses
Trends and future developments

3. Global Green New Deal
Global Green New Deal:
Launched 22 October 2008 by UNEP
Priority areas:
clean energy + clean tech
renewable energy
sustainable agriculture
reduced emissions from deforestation and forest degradation (REDD)
sustainable cities, transportation and buildings
Reinforce action under international climate and environmental treaties

4. The goal is sustainability
Higher building costs
Cost savings: more economic, quicker construction
Renewable energy (wind, solar)
Incentives (no stamp duty)
Attraction of certifications (green schemes)
Productivity gains (people)
Increasingly unsustainable
Economic
Air (Quality)
Noise
Waste/waste water Management
Recycling
Energy efficiency
Cooling/heating
Better design & construction techniques
Better, less frequent maintenance
Green, low energy intensity materials
Reusable materials
Choice of site
Environmental
Social
Well-being
Quality of life
Good working environment
Health and safety
Space usage/flexibility
Sustainable buildings
Sustainable business parks
Sustainable cities

5. Sustainable building life cycle
Conceptual design & planning
Tendering & contracting
Construction: start to completion
Handover, defects liability operations & maintenance
End of life, conversion, demolition
Feasibility issues and studies
Sustainable design
Environmental impact assessment laws
Building and planning laws
Project procurement and delivery method
Preparation of tender and contract documents
Specifications and standards with sustainability requirements
Contract law and procurement law (WTO GPA)
Contract administration and management
Sustainable construction: energy intensity of construction process and materials used
Contract law
Building regulations
Safety & environmental regulations
Operational compliance with building energy efficiency codes
Focus of building energy codes
Mandatory or voluntary building energy codes
Implementation of end of life options
Sustainable life cycle
Environmental impact assessment laws

6. Strategies (including Existing Green Building Rating Schemes
Interrelationships between sustainable development, climate change, pollution control and energy efficiency action
Sustainable Building
Strategies/Policies
Sustainable Development
Carbon Management
Strategies (including
low carbon emissions)
Carbon
Neutrality
Climate Change Action
Pollution Control
Existing Green Building Rating Schemes
Building Energy Efficiency Action

7. Sensitivity of policy and law to SD considerations
Asian countries have a mixed record on national SD strategies or policies
SD strategy or policies in place: China (Agenda 21)(overarching): Hong Kong (First Sustainable Development Strategy (partial)):
No overarching SD strategy or policies: Singapore (but note Green Plan 2016 and National Climate Change Strategy):
Also note the different national approaches to SD:

8. The range of legal responses
Legal systems of countries are different: civil law (China, Thailand, Japan) vs. common law (Australia, Hong Kong, India, Singapore) as well as effectiveness of enforcement
Mandatory vs. voluntary standards – poor uptake forces governments to legislate (HKEERSB, Hong Kong)
Mandatory minimum energy efficiency standards (Australia, China, Singapore, UK)
Dynamic performance based standards (total building energy performance) vs. prescriptive and static standards vs. benchmarking/auditing (all 3 approaches are used in Hong Kong)
Emphasis on penalties (fines often not sufficient deterrent but note withholding of occupation permits) or incentives (subsidies, tax rebates, loans, energy performance contracts and guarantees)
Voluntary green building performance schemes address building life cycle issues: HK-BEAM and CEPAS
Weak response to building energy efficiency greenhouse gas (GHG) emissions reduction projects in compliance (Kyoto Protocol) and voluntary (Gold Standard) carbon markets

9. Trends and future developments
Greater emphasis on and integration of sustainable development principles
Move towards incentives away from fines
Flexibility in the approach to building energy codes: prescriptive to benchmarking and dynamic performance based standards
Move towards mandatory minimum standards, with review mechanisms to tighten standards towards best international practice
Regulator recognition of higher sustainability (over green) performance
Convergence and standardisation of international rating schemes (generic vs. country specific) + introduction of GHG emissions assessment and ratings (Australian Building Greenhouse Rating (ABGR) Scheme)
International and national law directed at building GHG emissions
Low carbon development zones

10. Our contacts Christopher Tung Mallesons Stephen Jaques
37/F, Two International Finance Centre
8 Finance Street
Central
Hong Kong   