Click to edit Master title style

Transcription

1 Click to edit Master title style Modern Cadastre and Land Administration Session 5a. The toolbox approach Jude Wallace 2007

2 Click to edit Overview Master title style Objectives To understand the circumstances affecting the design of LAS and the components of the land administration toolbox. Topics The Land Administration Toolbox Reference Williamson, I.P Land Administration Best Practice providing the infrastructure for land policy implementation. Land Use Policy, 18:

3 Click Some to edit general Master rules title style Without a holistic and national land administration strategy, reform will be piecemeal, inconsistent and probably ineffective. LAS should cover an entire jurisdiction. They are not just urban and they are not just rural. LAS should support all private, public, state and corporate Rights, Restrictions and Responsibilities relating to land

4 Land management vision Click to edit Master title style

5 Each nation will achieve the vision Click to edit Master title style in its own way To allow this flexibility we designed the toolbox

6 Click to The edit LA Master tool box title style General tools Specialist LA tools Related tools Emerging tools

7 General tools These must be built by any nation to service broad government needs, including land Click to edit Master title style 5 Business models, risk management and funding principles (Chapter 11) 6 Capacity building principles (Chapter 10) management Specialist LA tools These must be built for effective land administration 1 Land policy principles (Chapters 2,3,5) 2 Governance and legal framework principles (Chapter 11) 3 Land market principles (Chapter 6) 4 Spatial data infrastructure and land information principles (Chapter 9) 7 Monitoring and evaluation principles (Chapter 11) 1 Institutional principles 2 Tenure principles 3 Management of restrictions and responsibilities principles 4 Registration system principles 5 Titling and adjudication principles 6 Cadastral surveying and mapping principles 7 Identification of real estate unit principles 8 Boundaries principles 9 Three dimensional, strata and condominium title principles 10 ICT principles The land administration tool box Related tools (explained in expert, dedicated texts) 1. Land valuation tools 2. Land use tools 3. Land development tools Emerging tools Pro-poor land management tools New African land management tools Social tenure tools Non-cadastral approaches and tools Gender equity tools Centre for Large SDIs scale and mapping Land Administration tools eg Bangkok Human rights principles delivery of land through provision of water and sanitation systems. These stabilise land for the poor.

8 Click Reasons to edit Master for the title land style administration toolbox So far we ve discovered.. A) a wide range of people to land relationships B) the dynamic nature of people to land relationships C) that different pressures and priorities exist on land Therefore: Countries at different stages of development will use different tools and strategies from the land administration tool box Tools are developing and mutating as new situations and technologies arise

9 The tools can fit all people to land Click to edit Master title style relationships Formal and informal Land tenures: Private, Leasehold, Common, Customary, Traditional, or open space Corporations Public and state assets Resource and marine interests

10 Click For to example: edit Master tenure title tools style Look at the developed World - All these rights exist in developed world Formal and informal (homeless) Private ownership and rental (Germany 62%, EU 44%, USA 33%, Japan 39%) Strata, cluster and condominium titles Trailer parks (slums?) Resource tenures

11 No single solution works everywhere Click to edit Master title style Governments and land administration projects tend to aim at delivery of private rights in developing countries; that is, individual ownership verified by formal titles. Constant debate about this strategy. Now we know that land administration projects must build systems using all kinds of tools.

12 Countries at different stages of development Click to edit in Asia Master and Pacific title style Region (APR) Developed Newly industrialised Early stage of development Pacific island states Each of these groups of countries has different priorities and capacities to undertake reform

13 Click Selected to edit specialist Master title tools style 1. Land policy principles 2. Legal principles 3. Land tenure principles 4. Land administration and cadastral principles 5. Institutional principles 6. Spatial data infrastructure principles and technical principles 7. HRD or capacity building principles

14 Click 1. Land to edit policy Master principles title style Defining, announcing, implementing policies Land administration vision or road map e.g. Land management paradigm Roles and responsibilities of land agencies, especially at central and local government levels Clarification of the role of a LAS Decentralisation egovernment For Australia, policies are - SUSTAINABILITY Management of the institution of property in land and resources

15 Click to 2. edit Legal Master principles title style Land policy must drive legislative reform Integrated land administration legislation ie National Land Code Less regulation rather than more Regulations should be generic and broad Regulations should have sunset clauses Regulations should facilitate land administration processes Overall, law should deliver security of tenure and minimise disputes.

16 Click 3. Land to edit tenure Master principles title style Support the range of tenures reflecting different people to land relationships Allow transition for informal tenures into the formal system growth paths Provide flexibility for the unusual - indigenous issues, negotiated clan ownership and fuzzy boundaries Encourage provision of infrastructure of roads, drains, sewers, utilities Build credit and lending opportunities

17 4. Land administration and Click to edit Master title style cadastral principles Cadastral concept LAS reform is long term LA is not land reform or land redistribution Need for performance indicators Reflect role of LAS Focus on LA processes not institutions Permit a wide range of options Define standards of success of a LAS Focus on property objects, not land parcels

18 4. Land administration and Click to edit Master title style cadastral principles (cont.)

19 Click 4. Land to edit administration Master title and style cadastral principles (cont.) Changing role of the cadastre

20 Click 5. Institutional to edit Master principles title style Institutional issues are core problem in LA reform (usually technology is not) Ministerial responsibilities, departmental structures, government-private partnerships Roles of professional bodies Establishment of one LA agency egovernment Problems of federated states

21 Click 6. to SDI edit principles Master title and style technology principles Role of infrastructures as distinct from business systems Role of SDI in LAS Cadastral component - fundamental role in an SDI SDI principles ie hierarchy and partnerships

22 Click 6. to Role edit of Master SDI in title land style administration infrastructure Less detailed data Global Planning Regional Planning National Planning State Planning Local Planning More detailed Data Global SDI Regional SDI National SDI State SDI Local SDI Corporate SDI

23 Click 6. More to edit technical Master principles title style Sometimes dominate, but they are just one component Cadastral surveying and mapping options Boundary definition options Computerisation and data recording options Access options egovernment Technology is not an end in itself it must serve the objective of LAS

24 7. Human resource development (HRD) Click to edit Master title style and capacity building principles Capacity is the power of something the power of societies, institutions and individuals Two key aspects of HRD Building the LA system Ensuring sustainable long term capacity HRD is core - not an add-on Focus on private sector and professional organisations plus public sector

25 Click to edit Master title style YOUR COMMENTS YOUR QUESTIONS