Combined 5th Trans Tasman Survey Conference and 2nd Queensland Spatial Industry Conference 2006 Session 1a - Sustainable Land Development and Property Rights - Thursday, 21 September :00 Managing rights, restrictions and responsibilities affecting land Rohan Bennett Jude Wallace Ian 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 :00 Managing rights, restrictions and responsibilities affecting land Rohan Bennett Jude Wallace Ian Williamson Department of Geomatics Centre for Spatial Data Infrastructures and Land Administration Torrens ! ? !

Introduction The rise and fall of property rights, restrictions and responsibilities (RRRs)Introduction The rise and fall of property rights, restrictions and responsibilities (RRRs)

The good old days… 1850s - the Torrens system1850s - the Torrens system –The Principles MirrorMirror CurtainCurtain InsuranceInsurance –Implementing the System 1850s - the Torrens system1850s - the Torrens system –The Principles MirrorMirror CurtainCurtain InsuranceInsurance –Implementing the System ParcelParcel

What has happened since then? 1950s – Post WWII sees rise of environmental sustainability, social equity movements.1950s – Post WWII sees rise of environmental sustainability, social equity movements. Leads to creation of RRRs, outside traditional cadastral/registration systems…Leads to creation of RRRs, outside traditional cadastral/registration systems… 1950s – Post WWII sees rise of environmental sustainability, social equity movements.1950s – Post WWII sees rise of environmental sustainability, social equity movements. Leads to creation of RRRs, outside traditional cadastral/registration systems…Leads to creation of RRRs, outside traditional cadastral/registration systems… ParcelParcel Planning Zone Heritage Protection Area Noise Restriction Mining Lease Ting et al, 2001 … but wait there’s more!

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 ……………… Z 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 ……………… Z Some of the 180 QLD ACTS including RRs over land (Lyons et al, 02 and 04)

Three main problems… 1.Some poorly designed in legislation 2.Some RRRs are poorly administered 3.Some do not exist where they ought to 1.Some poorly designed in legislation 2.Some RRRs are poorly administered 3.Some do not exist where they ought to Moreland LeaderJan 2 nd 2006 Owners ignore hazard reduction enforcement notices Moreland LeaderJan 2 nd 2006 Owners ignore hazard reduction enforcement notices Owners 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 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 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,

The one root cause… We suggest all three problems arose from the one root cause:We suggest all three problems arose from the one root cause: “…the lack of a holistic and coherent land policy and administrative framework…” In order to solve all three problems and achieve the initial objective of sustainability, we must:In order to solve all three problems and achieve the initial objective of sustainability, we must: “…create a theoretical framework for understanding, discussing and comparing RRRs…” We suggest all three problems arose from the one root cause:We suggest all three problems arose from the one root cause: “…the lack of a holistic and coherent land policy and administrative framework…” In order to solve all three problems and achieve the initial objective of sustainability, we must:In order to solve all three problems and achieve the initial objective of sustainability, we must: “…create a theoretical framework for understanding, discussing and comparing RRRs…”

Materials and method A tale of three case studies Materials and method A tale of three case studies

The case study jurisdictions Federal State Database of all RRRs 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 Corp Body Corp Local Statute books, meetings, websites

Preliminary findings…

Results Introducing and explaining the property object Results Introducing and explaining the property object

Property Object 1 Property Object ‘n’ Objective Why has the RRR been created? Objective Why has the RRR been created? Spatial Extent Where does the RRR apply? Spatial Extent Where does the RRR apply? Duration When does the RRR apply? Duration When does the RRR apply? Action What limitation or opportunity does the RRR create? Action What limitation or opportunity does the RRR create? People Impacted Who does the RRR apply to? People Impacted Who does the RRR apply to? Property Object 2

The “Objective” Attribute 1.Environmental Conservation Example: Tree clearing restrictionsExample: Tree clearing restrictions 2.Social Conservation and Equity Example: Native title rightsExample: Native title rights 3.Economic growth and Savings Example: Land tax responsibilitiesExample: Land tax responsibilities 4.Tenure organization and legal procedure Example: Compulsory acquisition of landExample: Compulsory acquisition of land 5.Industry Management Example: Gambling outlet and liquor retail restrictionsExample: Gambling outlet and liquor retail restrictions 6.Public safety and order Example: Tobacco consumption restrictionsExample: Tobacco consumption restrictions 1.Environmental Conservation Example: Tree clearing restrictionsExample: Tree clearing restrictions 2.Social Conservation and Equity Example: Native title rightsExample: Native title rights 3.Economic growth and Savings Example: Land tax responsibilitiesExample: Land tax responsibilities 4.Tenure organization and legal procedure Example: Compulsory acquisition of landExample: Compulsory acquisition of land 5.Industry Management Example: Gambling outlet and liquor retail restrictionsExample: Gambling outlet and liquor retail restrictions 6.Public safety and order Example: Tobacco consumption restrictionsExample: Tobacco consumption restrictions

The “Action” Attribute 1.Access –Example: Surveyors/ police offices 2.Management – –Example: Building regulations that dictate standards for the construction of dwellings 3.Withdrawal –Example: Fishing licence 4.Exclusion –Example: A five year site for a retailer 5.Alienation –Example: Private ownership rights 1.Access –Example: Surveyors/ police offices 2.Management – –Example: Building regulations that dictate standards for the construction of dwellings 3.Withdrawal –Example: Fishing licence 4.Exclusion –Example: A five year site for a retailer 5.Alienation –Example: Private ownership rights

The “Spatial” Attribute Parcel based Non - parcel based Specific Patchwork Blanket Point /Object Network Polygon t=1t=2 Dynamic

The “Duration” Attribute TIME Once Repeat Ad hoc Indefinite

The “People impacted” Attribute 1.Private –Example: Taxation of private land by government 2.Public/Government –Example: Creation of national parks for the benefit of the community 3.Communal –Example: Native title restrictions on use and management 4.All –Example: Acquisition over any parcel of land by government 5.Open Space / Other jurisdiction –Example: By definition no RRR can be readily in these areas 1.Private –Example: Taxation of private land by government 2.Public/Government –Example: Creation of national parks for the benefit of the community 3.Communal –Example: Native title restrictions on use and management 4.All –Example: Acquisition over any parcel of land by government 5.Open Space / Other jurisdiction –Example: By definition no RRR can be readily in these areas

Discussion Why is the ‘property object’ a useful concept ? Discussion Why is the ‘property object’ a useful concept ?

A current issue… The literature demands we reform our RRR administrative systems…The literature demands we reform our RRR 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” In Victoria that would mean placing 620 Acts in control of the registry…In Victoria that would mean placing 620 Acts in 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? The literature demands we reform our RRR administrative systems…The literature demands we reform our RRR 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” In Victoria that would mean placing 620 Acts in control of the registry…In Victoria that would mean placing 620 Acts in 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? ! ? !

What is the registry’s core business? AttributeCharacteristics of registry RRRs Characteristics of “lesser” RRRs ObjectiveEconomicVaried objectives Action Regulated AlienationAccess Spatial Extent Parcel - PatchworkBlanket/ Specific DurationAd hocOnce/ Short term PeoplePrivate (Public)All

A more reasonable proposal…? Example: Victoria’s legislative frameworkExample: Victoria’s legislative framework The registry should only administer ‘tradable’ RRRs

Conclusion Where to from here ? Conclusion

ConclusionConclusion The ‘property object‘ is just a starting point for redesigning our land administration systems. It is not a panacea in itself.The ‘property object‘ is just a starting point for redesigning our land administration systems. It is not a panacea in itself. Further work should focus on developing different classifications of RRRs using the framework. These could be based around user needs. Different management models should be developed for different classifications of RRRs.Further work should focus on developing different classifications of RRRs using the framework. These could be based around user needs. Different management models should be developed for different classifications of RRRs. The spatial and surveying profession will play a large and important role in spatially identifying RRRs.The spatial and surveying profession will play a large and important role in spatially identifying RRRs. Sustainability will continue to be the key driver for redesigning our legislative and land administrative frameworks.Sustainability will continue to be the key driver for redesigning our legislative and land administrative frameworks. The ‘property object‘ is just a starting point for redesigning our land administration systems. It is not a panacea in itself.The ‘property object‘ is just a starting point for redesigning our land administration systems. It is not a panacea in itself. Further work should focus on developing different classifications of RRRs using the framework. These could be based around user needs. Different management models should be developed for different classifications of RRRs.Further work should focus on developing different classifications of RRRs using the framework. These could be based around user needs. Different management models should be developed for different classifications of RRRs. The spatial and surveying profession will play a large and important role in spatially identifying RRRs.The spatial and surveying profession will play a large and important role in spatially identifying RRRs. Sustainability will continue to be the key driver for redesigning our legislative and land administrative frameworks.Sustainability will continue to be the key driver for redesigning our legislative and land administrative frameworks.

Thanks for your time Any questions? Acknowledgements: Centre for SDI and LA, Department of Geomatics, Melbourne University DSE, Victorian State Government DoL, NSW State Government DLI, Western Australian Government Moreland City Council DEST, Australian Federal Government Thanks for your time Any questions? Acknowledgements: Centre for SDI and LA, Department of Geomatics, Melbourne University DSE, Victorian State Government DoL, NSW State Government DLI, Western Australian Government Moreland City Council DEST, Australian Federal Government

The literature… Ting and Williamson, 1998 and 1999;Ting and Williamson, 1998 and 1999; Ting 2002;Ting 2002; Kaufman and Steudler, 1998;Kaufman and Steudler, 1998; Enemark, 2005Enemark, 2005 Lyons et al, 2002 and 2004;Lyons et al, 2002 and 2004; Ting and Williamson, 1998 and 1999;Ting and Williamson, 1998 and 1999; Ting 2002;Ting 2002; Kaufman and Steudler, 1998;Kaufman and Steudler, 1998; Enemark, 2005Enemark, 2005 Lyons et al, 2002 and 2004;Lyons et al, 2002 and 2004;

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