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!?!. Combined 5th Trans Tasman Survey Conference and 2nd Queensland Spatial Industry Conference 2006 Session 1a - Sustainable Land Development and Property Rights - Thursday, 21 September 2006 11:00 Managing rights, restrictions and responsibilities affecting land Rohan Bennett - PowerPoint PPT Presentation
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Combined 5th Trans Tasman Survey Conference and 2nd Queensland Spatial Industry Conference 2006 Session 1a - Sustainable Land Development and Property Rights - Thursday, 21 September 2006 11:00
Managing rights, restrictions Managing rights, restrictions
and responsibilities and responsibilities
affecting landaffecting land
Rohan Bennett Jude WallaceIan Williamson
Combined 5th Trans Tasman Survey Conference and 2nd Queensland Spatial Industry Conference 2006 Session 1a - Sustainable Land Development and Property Rights - Thursday, 21 September 2006 11:00
Managing rights, restrictions Managing rights, restrictions
and responsibilities and responsibilities
affecting landaffecting land
Rohan Bennett Jude WallaceIan Williamson
Department of GeomaticsCentre for Spatial Data Infrastructures and Land Administration
Torrens
!?!!?!
IntroductionIntroduction
The rise and fall The rise and fall
of property rights, restrictions of property rights, restrictions
and responsibilities and responsibilities
(RRRs)(RRRs)
IntroductionIntroduction
The rise and fall The rise and fall
of property rights, restrictions of property rights, restrictions
and responsibilities and responsibilities
(RRRs)(RRRs)
The good old days…The good old days…The good old days…The good old days…
• 1850s - the Torrens system1850s - the Torrens system
– The PrinciplesThe Principles• MirrorMirror• CurtainCurtain• InsuranceInsurance
– Implementing the SystemImplementing the System
• 1850s - the Torrens system1850s - the Torrens system
– The PrinciplesThe Principles• MirrorMirror• CurtainCurtain• InsuranceInsurance
– Implementing the SystemImplementing the System
ParcelParcelParcelParcel
What has happened since then?What has happened since then?What has happened since then?What has happened since then?
• 1950s – Post WWII sees rise of 1950s – Post WWII sees rise of environmental sustainability, social equity environmental sustainability, social equity movements. movements.
• Leads to creation of RRRs, outside Leads to creation of RRRs, outside traditional cadastral/registration systems…traditional cadastral/registration systems…
• 1950s – Post WWII sees rise of 1950s – Post WWII sees rise of environmental sustainability, social equity environmental sustainability, social equity movements. movements.
• Leads to creation of RRRs, outside Leads to creation of RRRs, outside traditional cadastral/registration systems…traditional cadastral/registration systems…
ParcelParcelParcelParcel
Planning Zone
Heritage Protection Area
NoiseRestriction
Mining Lease
Ting et al, 2001
… but wait there’s more!
The situation now…The situation now…The situation now…The situation now…
• Aboriginal Land Act 1991• Aboriginal & Torres Strait Islanders (Land Holding) Act 1985• Acquisition of Land Act 1991• Acquisition Of Land Amendment Act 1999• Administrative Boundaries Terminology Act 1985• Allan And Stark Burnett Lane Subway Authorisation Act 1926• Ambulance Service Act 1991 • Ambulance Service Amendment Act 1997 • Anzac Square Development Project Act 1982• Associations Incorporation Act 1981• Associations Incorporation Amendment Act 1995 • Auctioneers And Agents Act 1971• Australia And New Zealand Banking Group Limited (Nmrb) Act 1991 • Bank Of New Zealand (Transfer Of Undertaking) Act 1997 • Beach Protection Act 1968• Body Corporate And Community Management Act 1997• Brisbane City Council Business And Procedure Act 1939• Brisbane Forest Park Act 1977• Building Legislation Amendment Regulation (No. 1) 1998 • Building Units And Group Titles Act 1994 • Building Units And Group Titles Regulation 1998 • Canals Act 1958• Central Queensland Coal Associates Agreement Amendment Act 1997 • Central Queensland Coal Associates Agreement Variation Act 1996• D• E• ………………• ZZ
• Aboriginal Land Act 1991• Aboriginal & Torres Strait Islanders (Land Holding) Act 1985• Acquisition of Land Act 1991• Acquisition Of Land Amendment Act 1999• Administrative Boundaries Terminology Act 1985• Allan And Stark Burnett Lane Subway Authorisation Act 1926• Ambulance Service Act 1991 • Ambulance Service Amendment Act 1997 • Anzac Square Development Project Act 1982• Associations Incorporation Act 1981• Associations Incorporation Amendment Act 1995 • Auctioneers And Agents Act 1971• Australia And New Zealand Banking Group Limited (Nmrb) Act 1991 • Bank Of New Zealand (Transfer Of Undertaking) Act 1997 • Beach Protection Act 1968• Body Corporate And Community Management Act 1997• Brisbane City Council Business And Procedure Act 1939• Brisbane Forest Park Act 1977• Building Legislation Amendment Regulation (No. 1) 1998 • Building Units And Group Titles Act 1994 • Building Units And Group Titles Regulation 1998 • Canals Act 1958• Central Queensland Coal Associates Agreement Amendment Act 1997 • Central Queensland Coal Associates Agreement Variation Act 1996• D• E• ………………• ZZ
Some of the 180 QLD ACTS
including RRs over land
Some of the 180 QLD ACTS
including RRs over land
(Lyons et al, 02 and 04)
Three main problems…Three main problems…Three main problems…Three main problems…
1.1. Some poorly designed Some poorly designed in legislationin legislation
2.2. Some RRRs are poorly Some RRRs are poorly administeredadministered
3.3. Some do not exist Some do not exist where they ought towhere they ought to
1.1. Some poorly designed Some poorly designed in legislationin legislation
2.2. Some RRRs are poorly Some RRRs are poorly administeredadministered
3.3. Some do not exist Some do not exist where they ought towhere they ought to
Moreland Leader
Moreland Leader
Jan 2Jan 2ndnd 2006 2006
Owners ignore hazard
reduction enforcement
notices
Moreland Leader
Moreland Leader
Jan 2Jan 2ndnd 2006 2006
Owners ignore hazard
reduction enforcement
noticesOwners of derelict factories
may be forced to pay up or
sell up if Moreland Councils
wins a campaign for greater
powers in securing
abandoned buildings.
The council will push the
State…
South East Queensland Times
South East Queensland Times 08.09.05
08.09.05
Spatially confused farmer
fined over $7000 for
illegal land clearing
Queensland accounted for 75% of
land clearing in Australia in 2000,
followed by NSW with 18%. Victoria
accounted for just 0.4% of the
national total — but it is already the
most cleared state, with 70% of its
native vegetation cover lost.
Stateline VictoriaStateline Victoria 29 29thth July 2005 July 2005
Multi-million dollar apartment Multi-million dollar apartment complex built on a toxic sitecomplex built on a toxic site
The owner and developer of 49 new apartments in Brunswick has begun legal proceedings against the Spotless Group after an EPA audit found soil and groundwater at the site had been contaminated.
Until 1992, Spotless operated a dry-cleaning and laundry business at 225 Barkly Street,
The one root cause…The one root cause…The one root cause…The one root cause…
• We suggest all three problems arose from We suggest all three problems arose from the one root cause:the one root cause:
“…“…the lack of a holistic and coherent land the lack of a holistic and coherent land policy and administrative framework…”policy and administrative framework…”
• In order to solve all three problems and In order to solve all three problems and achieve the initial objective of achieve the initial objective of sustainability, we must:sustainability, we must:
“…“…create a theoretical framework for create a theoretical framework for understanding, discussing and comparing understanding, discussing and comparing RRRs…”RRRs…”
• We suggest all three problems arose from We suggest all three problems arose from the one root cause:the one root cause:
“…“…the lack of a holistic and coherent land the lack of a holistic and coherent land policy and administrative framework…”policy and administrative framework…”
• In order to solve all three problems and In order to solve all three problems and achieve the initial objective of achieve the initial objective of sustainability, we must:sustainability, we must:
“…“…create a theoretical framework for create a theoretical framework for understanding, discussing and comparing understanding, discussing and comparing RRRs…”RRRs…”
Materials and methodMaterials and method
A tale of three case studiesA tale of three case studies
Materials and methodMaterials and method
A tale of three case studiesA tale of three case studies
The case study jurisdictionsThe case study jurisdictionsThe case study jurisdictionsThe case study jurisdictions
Federal State
Databaseof all RRRs
Implied/Unlistede.g. Hazard Sitese.g. Land locked Parcels
Implied/Unlistede.g. Hazard Sitese.g. Land locked Parcels
Privately Listede.g. Utility
Privately Listede.g. Utility
BodyCorp
BodyCorpLocal
Statute books, meetings, websites
Preliminary findings…Preliminary findings…Preliminary findings…Preliminary findings…
0
200
400
600
800
1000
1200
1400
1600
Federal State Local
ActsRRRs
0
200
400
600
800
1000
1200
1400
1600
Federal State Local
ActsRRRs
ResultsResults
Introducing and explaining Introducing and explaining
the property objectthe property object
ResultsResults
Introducing and explaining Introducing and explaining
the property objectthe property object
Property Object 1
Property Object ‘n’
ObjectiveWhy has the RRR been created?
ObjectiveWhy has the RRR been created?
Spatial ExtentWhere does the RRR apply?
Spatial ExtentWhere does the RRR apply?
Duration When does the RRR apply?
Duration When does the RRR apply?
ActionWhat limitation or opportunity does the RRR create?
ActionWhat limitation or opportunity does the RRR create?
People ImpactedWho does the RRR apply to?
People ImpactedWho does the RRR apply to?
Property Object 2
The “The “Objective”Objective” Attribute AttributeThe “The “Objective”Objective” Attribute Attribute
1.1. Environmental ConservationEnvironmental Conservation• Example: Tree clearing restrictionsExample: Tree clearing restrictions
2.2. Social Conservation and EquitySocial Conservation and Equity• Example: Native title rightsExample: Native title rights
3.3. Economic growth and SavingsEconomic growth and Savings• Example: Land tax responsibilitiesExample: Land tax responsibilities
4.4. Tenure organization and legal procedureTenure organization and legal procedure• Example: Compulsory acquisition of landExample: Compulsory acquisition of land
5.5. Industry ManagementIndustry Management• Example: Gambling outlet and liquor retail Example: Gambling outlet and liquor retail
restrictionsrestrictions
6.6. Public safety and orderPublic safety and order• Example: Tobacco consumption restrictionsExample: Tobacco consumption restrictions
1.1. Environmental ConservationEnvironmental Conservation• Example: Tree clearing restrictionsExample: Tree clearing restrictions
2.2. Social Conservation and EquitySocial Conservation and Equity• Example: Native title rightsExample: Native title rights
3.3. Economic growth and SavingsEconomic growth and Savings• Example: Land tax responsibilitiesExample: Land tax responsibilities
4.4. Tenure organization and legal procedureTenure organization and legal procedure• Example: Compulsory acquisition of landExample: Compulsory acquisition of land
5.5. Industry ManagementIndustry Management• Example: Gambling outlet and liquor retail Example: Gambling outlet and liquor retail
restrictionsrestrictions
6.6. Public safety and orderPublic safety and order• Example: Tobacco consumption restrictionsExample: Tobacco consumption restrictions
The “The “Action”Action” Attribute AttributeThe “The “Action”Action” Attribute Attribute
1.1. AccessAccess– Example: Surveyors/ police officesExample: Surveyors/ police offices
2.2. Management Management – Example: Building regulations that dictate
standards for the construction of dwellings
3.3. WithdrawalWithdrawal– Example: Fishing licenceExample: Fishing licence
4.4. ExclusionExclusion– Example: A five year site for a retailerExample: A five year site for a retailer
5.5. AlienationAlienation– Example: Private ownership rightsExample: Private ownership rights
1.1. AccessAccess– Example: Surveyors/ police officesExample: Surveyors/ police offices
2.2. Management Management – Example: Building regulations that dictate
standards for the construction of dwellings
3.3. WithdrawalWithdrawal– Example: Fishing licenceExample: Fishing licence
4.4. ExclusionExclusion– Example: A five year site for a retailerExample: A five year site for a retailer
5.5. AlienationAlienation– Example: Private ownership rightsExample: Private ownership rights
The “The “Spatial”Spatial” Attribute AttributeThe “The “Spatial”Spatial” Attribute AttributeParcelbased
Non-
parcelbased
Specific
Patchwork
Blanket
Point /Object
Network
Polygon
t=1 t=2
Dynamic
The The “Duration”“Duration” Attribute AttributeThe The “Duration”“Duration” Attribute Attribute
TIME
Once
Repeat
Ad hoc
Indefinite
The The “People impacted”“People impacted” Attribute AttributeThe The “People impacted”“People impacted” Attribute Attribute
1.1. PrivatePrivate– Example: Taxation of private land by governmentExample: Taxation of private land by government
2.2. Public/GovernmentPublic/Government– Example: Creation of national parks for the Example: Creation of national parks for the
benefit of the communitybenefit of the community
3.3. CommunalCommunal– Example: Native title restrictions on use and Example: Native title restrictions on use and
managementmanagement
4.4. AllAll– Example: Acquisition over any parcel of land by Example: Acquisition over any parcel of land by
governmentgovernment
5.5. Open Space / Other jurisdictionOpen Space / Other jurisdiction– Example: By definition no RRR can be readily in Example: By definition no RRR can be readily in
these areasthese areas
1.1. PrivatePrivate– Example: Taxation of private land by governmentExample: Taxation of private land by government
2.2. Public/GovernmentPublic/Government– Example: Creation of national parks for the Example: Creation of national parks for the
benefit of the communitybenefit of the community
3.3. CommunalCommunal– Example: Native title restrictions on use and Example: Native title restrictions on use and
managementmanagement
4.4. AllAll– Example: Acquisition over any parcel of land by Example: Acquisition over any parcel of land by
governmentgovernment
5.5. Open Space / Other jurisdictionOpen Space / Other jurisdiction– Example: By definition no RRR can be readily in Example: By definition no RRR can be readily in
these areasthese areas
DiscussionDiscussion
Why is the ‘property object’ Why is the ‘property object’
a useful concept ?a useful concept ?
DiscussionDiscussion
Why is the ‘property object’ Why is the ‘property object’
a useful concept ?a useful concept ?
A current issue…A current issue…A current issue…A current issue…
• The literature demands we reform our RRR The literature demands we reform our RRR administrative systems…administrative systems…
• What role for the traditional land registry?What role for the traditional land registry?
• One line of argument….One line of argument….– ““Place all RRRs under the control of the land registry”Place all RRRs under the control of the land registry”
• In Victoria that would mean placing 620 Acts in In Victoria that would mean placing 620 Acts in control of the registry…control of the registry…
• But! The registry is a very good tool for some RRRsBut! The registry is a very good tool for some RRRs– Which RRRs should be managed within the registry?Which RRRs should be managed within the registry?
• The literature demands we reform our RRR The literature demands we reform our RRR administrative systems…administrative systems…
• What role for the traditional land registry?What role for the traditional land registry?
• One line of argument….One line of argument….– ““Place all RRRs under the control of the land registry”Place all RRRs under the control of the land registry”
• In Victoria that would mean placing 620 Acts in In Victoria that would mean placing 620 Acts in control of the registry…control of the registry…
• But! The registry is a very good tool for some RRRsBut! The registry is a very good tool for some RRRs– Which RRRs should be managed within the registry?Which RRRs should be managed within the registry?
!?!!?!
What is the registry’s core What is the registry’s core business?business?
What is the registry’s core What is the registry’s core business?business?
Attribute Characteristics ofregistry RRRs
Characteristics of“lesser” RRRs
Objective Economic Varied objectives
ActionRegulated
Alienation Access
SpatialExtent
Parcel - Patchwork Blanket/ Specific
Duration Ad hoc Once/ Short term
People Private (Public) All
A more reasonable proposal…?A more reasonable proposal…?A more reasonable proposal…?A more reasonable proposal…?
• Example: Victoria’s legislative frameworkExample: Victoria’s legislative framework• Example: Victoria’s legislative frameworkExample: Victoria’s legislative framework
0
200
400
600
800
1000
1200Total Acts
Acts with landinterests
Acts withimportantinterests
Acts that shouldbe managedwithin registry
0
200
400
600
800
1000
1200Total Acts
Acts with landinterests
Acts withimportantinterests
Acts that shouldbe managedwithin registry
The registry should only administer ‘tradable’ RRRs
ConclusionConclusion
Where to from here ?Where to from here ?
ConclusionConclusion
Where to from here ?Where to from here ?
ConclusionConclusionConclusionConclusion
• The ‘The ‘property objectproperty object‘ is just a ‘ is just a starting pointstarting point for for redesigning our land administration systems. It is redesigning our land administration systems. It is not a panacea in itself.not a panacea in itself.
• Further work should focus on developing different Further work should focus on developing different classifications of RRRs using the framework. These classifications of RRRs using the framework. These could be based around user needs. Different could be based around user needs. Different management models should be developed for management models should be developed for different classifications of RRRs.different classifications of RRRs.
• The spatial and surveying profession will play a large The spatial and surveying profession will play a large and important role in and important role in spatially identifyingspatially identifying RRRs. RRRs.
• SustainabilitySustainability will continue to be the key driver for will continue to be the key driver for redesigning our legislative and land administrative redesigning our legislative and land administrative frameworks. frameworks.
• The ‘The ‘property objectproperty object‘ is just a ‘ is just a starting pointstarting point for for redesigning our land administration systems. It is redesigning our land administration systems. It is not a panacea in itself.not a panacea in itself.
• Further work should focus on developing different Further work should focus on developing different classifications of RRRs using the framework. These classifications of RRRs using the framework. These could be based around user needs. Different could be based around user needs. Different management models should be developed for management models should be developed for different classifications of RRRs.different classifications of RRRs.
• The spatial and surveying profession will play a large The spatial and surveying profession will play a large and important role in and important role in spatially identifyingspatially identifying RRRs. RRRs.
• SustainabilitySustainability will continue to be the key driver for will continue to be the key driver for redesigning our legislative and land administrative redesigning our legislative and land administrative frameworks. frameworks.
Thanks for your timeThanks for your time
Any questions?Any questions?
Acknowledgements:Acknowledgements: Centre for SDI and LA, Department of Geomatics, Melbourne Centre for SDI and LA, Department of Geomatics, Melbourne
UniversityUniversity
DSE, Victorian State GovernmentDSE, Victorian State Government
DoL, NSW State GovernmentDoL, NSW State Government
DLI, Western Australian GovernmentDLI, Western Australian Government
Moreland City CouncilMoreland City Council
DEST, Australian Federal GovernmentDEST, Australian Federal Government
Thanks for your timeThanks for your time
Any questions?Any questions?
Acknowledgements:Acknowledgements: Centre for SDI and LA, Department of Geomatics, Melbourne Centre for SDI and LA, Department of Geomatics, Melbourne
UniversityUniversity
DSE, Victorian State GovernmentDSE, Victorian State Government
DoL, NSW State GovernmentDoL, NSW State Government
DLI, Western Australian GovernmentDLI, Western Australian Government
Moreland City CouncilMoreland City Council
DEST, Australian Federal GovernmentDEST, Australian Federal Government
The literature…The literature…The literature…The literature…
• Ting and Williamson, Ting and Williamson, 1998 and 1999; 1998 and 1999;
• Ting 2002; Ting 2002;
• Kaufman and Steudler, Kaufman and Steudler, 1998;1998;
• Enemark, 2005Enemark, 2005
• Lyons et al, 2002 and Lyons et al, 2002 and 2004;2004;
• Ting and Williamson, Ting and Williamson, 1998 and 1999; 1998 and 1999;
• Ting 2002; Ting 2002;
• Kaufman and Steudler, Kaufman and Steudler, 1998;1998;
• Enemark, 2005Enemark, 2005
• Lyons et al, 2002 and Lyons et al, 2002 and 2004;2004;
Improving online searching…Improving online searching…Improving online searching…Improving online searching…
