N

The National Australian Built Environment Rating System. NABERS is a performance-based rating system for existing buildings. NABERS rates a building on the basis of its measured operational impacts on the environment. Buildings can be rated anywhere between 1 and 6 stars, with 6 stars representing exceptional greenhouse performance. NABERS is a national initiative managed by the NSW Department of Planning Industry and Environment (DPIE).

The NABERS Energy rating for offices, previously known as the Australian Building Greenhouse Rating (ABGR), was launched as ABGR in 1998. NABERS Energy assists owners and tenants to reduce energy use, reduce energy costs and reduce greenhouse emissions. It benchmarks a building’s greenhouse impact on a scale of one to six, one star being the most polluting and six stars the least. Experience shows that by implementing energy efficiency practices many buildings can save 20 to 40% on their energy bills and reduce the emission of greenhouse gases. Currently, NABERS ratings for offices include NABERS Energy, NABERS Water, NABERS Waste and NABERS Indoor Environment.

In the context of an insurance policy, a party to the insurance contract (but not the person who arranged the insurance). Typically, named insureds have the broadest protection and indemnity under the policy. Contrast with Interested Party and Noted.

The Nationwide House Energy Rating Scheme. NatHERS provides a framework that allows various computer software tools to rate the potential energy efficiency of Australian homes. NatHERS defines the minimum set of information that must be used by the software tools. NatHERS is an initiative of Commonwealth, State and Territory Governments through the Ministerial Council on Energy.

A national not for profit association, formed in 1995, that promotes and supports the advancement of women in the construction industry.

See NABERS.

The National Capital Plan is the overarching strategic plan for the Australian Capital Territory - a land use policy plan that reflects the national significance of Canberra and the Territory. It is complimented by a Territory Plan that is prepared and administered by ACTPLA. The National Capital Plan defines areas that have the special characteristics of the National Capital to be 'Designated Areas'. In these areas, approval of works is the responsibility of the National Capital Authority, a statutory body established to oversee and regulate development in the ACT.

An initiative of the Council of Australian Governments (COAG) developed to incorporate all on-site construction requirements into a single code comprising the Building Code of Australia (BCA) and the Plumbing Code of Australia (PCA).

The rights and interests of Aboriginal or Torres Strait Islanders in relation to land or waters under acknowledged traditional laws and observed traditional customs, where there is a connection or interest in relation to the land or waters. The rights and interests are recognised by the common law of Australia and the Native Title Act 1993 (Cth).

A cause of action in Tort that consists of three elements: a Duty of Care; a breach or contravention of that duty; and a measurable loss or material damage flowing from or as a consequence of the breach of the duty.

Discussion and agreement of the terms of a transaction or Contract.

The sum of anticipated future costs and benefits of a project, discounted to present value, where the discount rate reflects the cost of capital.

An alternative dispute resolution process in which an evaluator assesses the strengths and weaknesses of each party's case and provides an opinion on the likely outcome should the dispute proceed to court.

The National Greenhouse and Energy Reporting system. The NGER system, introduced by the National Greenhouse and Energy Reporting Act 2007 (Cth), provides a single national framework for the reporting and dissemination of information about the greenhouse gas emissions, greenhouse gas projects, and energy use and production of corporations. Corporations that meet an NGER threshold must report their greenhouse gas emissions, energy production, energy consumption, and other information specified under NGER legislation.

A Subcontractor selected by a Principal which the Contractor is required to use. Also known as Selected Subcontractor.

See Agent: A representative of the Principal where it acts within the actual or apparent scope of their authority and will bind the Principal by its action. An agent/nominee does not act independently and must prefer the Principal's interests to its own. The authority may be limited (such as in the case of a real estate agent) to finding business but not creating legal relations.

Utility works or services which are required to be carried out by a particular utility provider.

In relation to the construction work carried out under an agreement for lease (AFL), a non-integrated fitout involves the Landlord carrying out the work to construct the base building only, while the fitout of the Tenant's premises is carried out separately by a contractor engaged by the Tenant.  (Contrast with Integrated Fitout).

In the context of insurance, a person whose interest is noted on an insurance policy but (unless the policy provides otherwise) is not entitled to claim under the policy. Contrast with Interested Party and Named Insured.

Notice under a Contract from one party to another of the other's Default. Under a construction contract, there may be specific requirements for such a notice, and specified consequences upon its issue.

Notice under a Contract from one party to another advising of a delay which has been caused to the obligations to be performed under the Contract. Under a construction Contract, there may be specific requirements for such a notice, and specified consequences upon its issue.

Notice under a Contract from one party to another advising of the matters in dispute between them. Under a construction contract, there may be specific requirements for such a notice, and specified consequences upon its issue.

See Notice of Default: Notice under a Contract from one party to another of the other's Default. Under a construction contract, there may be specific requirements for such a notice, and specified consequences upon its issue.

An incident that is required to be notified to safety regulators under OHS/WHS law (See Occupational Health and Safety).

An agreement by the incoming, outgoing and continuing parties to a Contract to discharge the Contract and enter a new one on the same terms. The new (incoming) party is substituted for another (outgoing) party to the Contract with the continuing parties.

Any unreasonable interference with another party’s use or enjoyment of a site or neighbouring land to that site and may include anything that:

• impacts on the welfare of the public;
• causes or is likely to case, a risk to public health;
• gives rise to unreasonable or excessive levels of noise or pollution;
• is, or is likely to be, a fire risk; or
• constitutes an unsightly article or rubbish