Introduction. Reshaping the management of property rights, restrictions and responsibilities. Property ownership is well managed

Transcription

1 Shaping the the Change, XXIII XXIII FIG FIG Congress, Munich, Germany, October 8-13, 8-13, TS TS Social Social Land Land Tenure and and Land Land Administration Reshaping the management of property rights, restrictions and responsibilities Mr. Rohan Bennett!?! Introduction The rise and fall of property rights, restrictions and responsibilities (RRRs) Department of Geomatics Centre for Spatial Data Infrastructures and Land Administration Torrens Property ownership is well managed Example: The Torrens System (~1850s) The Principles Mirror Curtain Insurance Implementing the System But, there are other interests The post WWII era sees the rise of environmental sustainability, social equity movements. This leads to creation of RRRs, outside traditional cadastral/registration systems Noise Restriction Mining Lease Planning Zone Ting et al, 2001 Heritage Protection Area but wait there s more! Lots more Three main problems Aboriginal Aboriginal Land Land Act Act Aboriginal Aboriginal & Torres Torres Strait Strait Islanders Islanders (Land (Land Holding) Holding) Act Act Acquisition Acquisition of of Land Land Act Act Acquisition Acquisition Of Of Land Land Amendment Amendment Act Act Administrative Administrative Boundaries Boundaries Terminology Terminology Act Act Some of of the 180 Allan Allan And And Stark Stark Burnett Burnett Lane Lane Subway Subway Authorisation Authorisation Act Act Ambulance Ambulance Service Service Act Act QLD ACTS Ambulance Ambulance Service Service Amendment Amendment Act Act including RRs Anzac Anzac Square Square Development Development Project Project Act Act Associations Associations Incorporation Incorporation Act Act over land Associations Associations Incorporation Incorporation Amendment Amendment Act Act Auctioneers Auctioneers And And Agents Agents Act Act Australia Australia And And New New Zealand Zealand Banking Banking Group Group Limited Limited (Nmrb) (Nmrb) Act Act Bank Bank Of Of New New Zealand Zealand (Transfer (Transfer Of Of Undertaking) Undertaking) Act Act Beach Beach Protection Protection Act Act Body Body Corporate Corporate And And Community Community Management Management Act Act Brisbane Brisbane City City Council Council Business Business And And Procedure Procedure Act Act Brisbane Brisbane Forest Forest Park Park Act Act Building Building Legislation Legislation Amendment Amendment Regulation Regulation (No. (No. 1) 1) Building Building Units Units And And Group Group Titles Titles Act Act Building Building Units Units And And Group Group Titles Titles Regulation Regulation Canals Canals Act Act Central Central Queensland Queensland Coal Coal Associates Associates Agreement Agreement Amendment Amendment Act Act Central Central Queensland Queensland Coal Coal Associates Associates Agreement Agreement Variation Variation Act Act D E Z (Lyons et al, 02 and 04) Some poorly designed in in legislation Enforceable? Incentives? Some RRRs are poorly administered Processing times? Information Access? Some do not exist where they ought to to No No legislation No No controls 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 Moreland Moreland Leader Leader Jan Jan 2 2 nd nd Owners ignore hazard reduction enforcement Owners of derelict factories notices 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. 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 Until 1992, Spotless operated a drycleaning and laundry business at 225 Barkly Street,

2 One root cause We propose all three problems arose from the one root cause: the lack of a shared, holistic and coherent land policy and administrative framework In order to solve all three problems and achieve the initial objective of sustainability, we must: Materials and method A tale of three case studies create a theoretical framework for understanding, discussing and comparing RRRs The case study jurisdictions Preliminary findings Federal State Body Body Local Corp Corp Privately Listed Listed Utility Utility Implied/Unlisted Hazard Hazard Sites Sites Land Land locked locked s s Statute books, meetings, websites Database of all RRRs Federal State Local Acts RRRs Property Object 1 Property Object 2 Property Object n Results Introducing and explaining the property object Objective Why Whyhas has the the RRR RRR been been created? Action Whatlimitation or or opportunity does does the the RRR RRR create? Spatial Extent Where Wheredoes the the RRR RRR apply? apply? Duration When When does does the the RRR RRR apply? apply? People Impacted Whodoes the the RRR RRR apply apply to? to?

3 The Objective Attribute 1. Environmental Conservation Example: Tree clearing restrictions 2. Social Conservation and Equity Example: Native title rights 3. Economic growth and Savings Example: Land tax responsibilities 4. Tenure organization and legal procedure Example: Compulsory acquisition of of land 5. Industry Management Example: Gambling outlet and liquor retail restrictions 6. Public safety and order Example: Tobacco consumption restrictions The Action Attribute 1. Access Example: Surveyors/ police offices 2. Management Example: Building regulations that dictate standards for the construction of of dwellings 3. Withdrawal Example: Fishing licence 4. Exclusion Example: A five year site for a retailer 5. Alienation Example: Private ownership rights based The Spatial Attribute Specific Patchwork Point /Object Network Non - parcel based TIME Once Repeat The Duration Attribute Polygon Blanket Ad hoc t=1 t=2 Dynamic Indefinite The People impacted Attribute 1. Private Example: Taxation of of private land by government 2. Public/Government Example: Creation of of national parks for the benefit of of the community 3. Communal Example: Native title restrictions on use and management 4. All Example: Acquisition over any parcel of of land by government 5. Open Space / Other jurisdiction Example: By definition no RRR can be readily in in these areas Discussion Why is the property object a useful concept?

4 A current issue What is the registry s s core business? The literature demands we reform our RRR administrative systems What role for the traditional land registry? One line of of argument. Place all all RRRs under the control of of the land registry In Victoria that would mean placing 620 Acts in in control of of the registry But! The registry is is a very good tool for some RRRs Which RRRs should be be managed within the registry?!?! Attribute Objective Action Regulated Spatial Extent Duration People Characteristics of registry RRRs Economic Alienation - Patchwork Ad hoc Private (Public) Characteristics of lesser RRRs Varied objectives Access Blanket/ Specific Once/ Short term All A more reasonable proposal? Example: Victoria s legislative framework Total Acts Acts with land interests Acts with important interests Acts that should 0 be managed within registry The registry should only administer tradable RRRs Conclusion Where to from here? Conclusion The property object is is just a starting point for redesigning our land administration systems. It It is is not a panacea in in itself. Further work should focus on developing different classifications of of RRRs using the framework. These could be based around user needs. Different management models should be developed for different classifications of of RRRs. The spatial and surveying profession will play a large and important role in in spatially identifying RRRs. Sustainability will continue to to be the key driver for redesigning our legislative and land administrative frameworks. Thanks for your time Any questions? Acknowledgements: Centre for for SDI SDI and and LA, LA, Department of of Geomatics, Melbourne University DSE, DSE, Victorian State State Government DoL, DoL, NSW NSW State State Government DLI, DLI, Western Australian Government Moreland City City Council DEST, Australian Federal Government

5 The literature Improving online searching Ting and Williamson, 1998 and 1999; Ting 2002; Kaufman and Steudler, 1998; Enemark, 2005 Lyons et et al, 2002 and 2004;