DSE, SII Research Seminar 2005 Designing and Building a System for Managing Property Interests in 21 st Century Australia Rohan Bennett 26 th October 2005 Supervisors: Prof. Ian Williamson Ms. Jude Wallace

Traditional Approach to Property Legal Theory of Property Traditional Approach to Property Legal Theory of Property The Research Problem (1) PropertyRight RightHolder ResourceorLand ResourceorLand Government & Citizens PropertyRight RightHolder

The Research Problem (2) OwnerProprietorTenantAuthorized User Authorized Manager Authorized Entrant Access XXXXXX Management XXXXX Withdrawal XXXX Exclusion XX Alienation X PropertyRights Government Created Restrictions and Responsibilities Through Legislation Government Created Restrictions and Responsibilities Through Legislation

The Research Problem (3) Incorporating Restrictions & Responsibilities into our theory of Property Rights ResourceorLand Government & Citizens New Theory of Property RightHolder 1. What Owner can do 2. What Owner cant do 3. What Governmentcan/cantdo Above the Line = what we see on the Property Title. It represents unlimited rights and opportunity (subject to some overriding interests). Above the Line = what we see on the Property Title. It represents unlimited rights and opportunity (subject to some overriding interests). Below the Line = hundreds of statutes which declare restrictions & /responsibilities on land. These are mostly managed in an ad hoc, independent fashion. Below the Line = hundreds of statutes which declare restrictions & /responsibilities on land. These are mostly managed in an ad hoc, independent fashion.

The Research Problem (4) The Torrens System doesnt manage the whole relationship.. The new property interests are managed in an non-integrated, ad hoc fashion. Land related activities are not efficient and achieving sustainability objectives is next to impossible. The Torrens System doesnt manage the whole relationship.. The new property interests are managed in an non-integrated, ad hoc fashion. Land related activities are not efficient and achieving sustainability objectives is next to impossible. ParcelOwnership - State ParcelOwnership Planning Zone – Local & State Heritage Protection Area – Federal & State Clearing Restriction - State Mining Lease - State Aesthetic Limitation - Body Corporate Utility Line - Private

The Research Hypothesis (1) Proposed solutions are problematic:Proposed solutions are problematic: –Too large and costly –Too focused on Government –Information Provision rather than Service Provision Analysis of existing restriction systems is needed:Analysis of existing restriction systems is needed: –What is their Impact on Tenure and Ownership? –What is there Spatial Extent? How do we define them? –Which ones matter? Which ones work? Which dont? –Who administers them? How – Spatially Enabled? More consultation with end users is required:More consultation with end users is required: –What information do they need? –Which land related activities are problematic to them? The possibilities offered by new spatial technologies needs exploration:The possibilities offered by new spatial technologies needs exploration: –Next Generation GIS –Web Mapping Services –Location Enabled DB Platforms Proposed solutions are problematic:Proposed solutions are problematic: –Too large and costly –Too focused on Government –Information Provision rather than Service Provision Analysis of existing restriction systems is needed:Analysis of existing restriction systems is needed: –What is their Impact on Tenure and Ownership? –What is there Spatial Extent? How do we define them? –Which ones matter? Which ones work? Which dont? –Who administers them? How – Spatially Enabled? More consultation with end users is required:More consultation with end users is required: –What information do they need? –Which land related activities are problematic to them? The possibilities offered by new spatial technologies needs exploration:The possibilities offered by new spatial technologies needs exploration: –Next Generation GIS –Web Mapping Services –Location Enabled DB Platforms = More Efficient Land Related Activities + Achievement of Sustainability Goals = More Efficient Land Related Activities + Achievement of Sustainability Goals

Research Methodology (1) Concept Identify and define need for the new system. Concept Identify and define need for the new system. Requirements Analysis of existing systems and end users. Requirements Analysis of existing systems and end users. Design & Development Create a blueprint for the design with necessary specifications for information and technology Design & Development Create a blueprint for the design with necessary specifications for information and technology Testing Evaluates the system in relation to the expected or intended functionality Testing Evaluates the system in relation to the expected or intended functionality

1. The Australian Situation Case study: Explore the legislative and administrative regimes of existing restrictions and responsibilities within Australian jurisdictions. 1. The Australian Situation Case study: Explore the legislative and administrative regimes of existing restrictions and responsibilities within Australian jurisdictions. 4. Emerging European Models Case Study: Explore the legislative and administrative regimes of existing restrictions and responsibilities within European jurisdictions. 4. Emerging European Models Case Study: Explore the legislative and administrative regimes of existing restrictions and responsibilities within European jurisdictions. 2. Emerging Users & Providers (AUS) Case Study: Explore the information needs and capacities of core user sectors including Developers, Utilities, Finance, Insurance. 2. Emerging Users & Providers (AUS) Case Study: Explore the information needs and capacities of core user sectors including Developers, Utilities, Finance, Insurance. 3. Emerging Geo-ICT Analysis: Document and assess the opportunities offered by next generation GIS, location base DB platforms, and web mapping services. 3. Emerging Geo-ICT Analysis: Document and assess the opportunities offered by next generation GIS, location base DB platforms, and web mapping services. RequirementsRequirements Requirements Document

Results 1 Case Study: Existing Systems in AustraliaCase Study: Existing Systems in Australia Federal State Local Database of all RRRs – WHY?? Implied/Unlisted e.g. Hazard Sites e.g. Land locked Parcels Implied/Unlisted e.g. Hazard Sites e.g. Land locked Parcels Privately Listed e.g. Utility Privately Listed e.g. Utility Body Corporate Body Corporate

Results 2 – Assessing Statutes CategoryCriteriaPossible Values Policy LevelLegislative OriginsNational, State, Local Type of LegislationPrescriptive, Descriptive Period of Creation Driver for CreationGovernment, Public Driven Type of Land AffectedUrban, Rural, Marine Environment Type of Interest CreatedRight, Liberty, Power or Immunity (Cole and Grossman, 2002) Management LevelType of Administration BodyMinister, Government Department, Local Council, Statutory Authority Private Sector InvolvementPublic Private Partnership, None Operational LevelAllocation MethodSystematic, Sporadic Registration MethodSingle Register, Multiple Registers, Negative Register, No Register, Torrens, Deeds Update MethodOn request, None Removal MethodTime Based, Request Based, None Level of ICTAutomated Online, Automated Onsite, Paper Based Public Access Method Price to accessTransaction Fee vs. Cost Recovery vs. Nothing Access PointAutomated Online, Automated Onsite, Onsite, Unavailable Altering InformationOnline, Onsite, Unavailable Impact on Rights System Tenures AffectedPrivate vs. Public vs. Communal vs. Open Access Relationship to the Cadastral MapParcel Based, Non-Parcel Based Relationship to Land RegistryRecorded in Registry, Link to Registry using ID, No Relationship Spatial ElementsSpatial UnitParcel (Polygon), Network, Points, Lines, None IdentifierParcel ID, Property ID, Council Number, Mapping StatusComplete Automated Online Map, Incomplete Automated Online Map, Automated offline Map, Paper Based Map, None

Results 3 – The Spatial Element Ownership Blanket Restriction Single Parcel Restriction Patchwork Restriction Non Parcel Restriction

Results (4) The Tenure Element CrownPrivateCommunalOpen Blanket e.g. Coastal Management Act e.g. Land Acquisition Act e.g. No selling Communal Lands X Patchwork e.g. Alpine Resort Mngmt Act e.g. Ag and Chemical Use Act e.g. Proposal to Lease Communal Lands X Specific e.g. MCG Land Act e.g. CityLink Act e.g. Mabo Case X Non- Parcel e.g. Electrical Safety Act e.g. Non-Real Property XX Tenure(s) Impacted by Restriction Spatial Extent of Restriction ImportantImportant OpportunityOpportunityOpportunityOpportunity

Results (5) Case Study: Victorian Statute BookCase Study: Victorian Statute Book –1045 Acts –523 Acts – Land/Spatially Related –~ 100 – Important –~ 50 - Allocation is dynamic Case Study: Victorian Statute BookCase Study: Victorian Statute Book –1045 Acts –523 Acts – Land/Spatially Related –~ 100 – Important –~ 50 - Allocation is dynamic Manageable!

Looking Ahead… Continue analysis of Restriction Statutes:Continue analysis of Restriction Statutes: –Federal, Local, Body Corporate Begin consultation with User GroupsBegin consultation with User Groups Continue analysis of Restriction Statutes:Continue analysis of Restriction Statutes: –Federal, Local, Body Corporate Begin consultation with User GroupsBegin consultation with User Groups Agriculture: Which vegetation can I clear from my property? Utility Company: Where are my assets? What do I own? What easements exist? Developers: Where can we build? What can we build? What cant we build? Insurance: What risks surround this property? Should we provide cover?

Further Questions How much land regulation do we want? Do we need a cap?How much land regulation do we want? Do we need a cap? Not all restrictions work (e.g. Land Clearing in QLD). Why dont they work? Are their alternatives?Not all restrictions work (e.g. Land Clearing in QLD). Why dont they work? Are their alternatives? How do we address the problem of implied restrictions -those which are not listed but should be?How do we address the problem of implied restrictions -those which are not listed but should be? How much land regulation do we want? Do we need a cap?How much land regulation do we want? Do we need a cap? Not all restrictions work (e.g. Land Clearing in QLD). Why dont they work? Are their alternatives?Not all restrictions work (e.g. Land Clearing in QLD). Why dont they work? Are their alternatives? How do we address the problem of implied restrictions -those which are not listed but should be?How do we address the problem of implied restrictions -those which are not listed but should be? Landfill Anyone? Stateline Victoria 29 th July 2005 Multi-million dollar apartment complex built on a toxic site Stateline Victoria 29 th July 2005 Multi-million dollar apartment complex 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,

Thanks for your time…. AcknowledgementsAcknowledgements –Staff and Centre for SDI / LA –Spatial Information Infrastructure, Department of Sustainability and Environment Questions…Questions… AcknowledgementsAcknowledgements –Staff and Centre for SDI / LA –Spatial Information Infrastructure, Department of Sustainability and Environment Questions…Questions…