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

Similar documents
MANAGING RIGHTS, RESTRICTIONS AND RESPONSIBILITIES AFFECTING LAND

Rights Responsibilities Restrictions (RRRs)

A TOOLBOX FOR MAPPING AND MANAGING NEW INTERESTS OVER LAND

Centre for SDIs and Land Administration Department of Geomatics Spatial systems to support sustainable development

Lessons for federated countries that have state land registries the Australian experience

THINKING OUTSIDE THE TRIANGLE TAKING ADVANTAGE OF MODERN LAND MARKETS. Ian Williamson

A New Vision on Cadastral Data Model

Opportunities for Surveyors in Modern Land Markets

Chapter 9: 3D Visualisation as a Tool to Facilitate Managing Land and Properties

INTEGRATED LAND ADMINISTRATION IN AUSTRALIA- THE NEED TO ALIGN ICT STRATEGIES AND OPERATIONS

Land and Property Information in 3D

FACT SHEET: Tenure requirements for Major Customer Connections

Cadastre or Land Administration: A Case Study of Turkey

CADASTRE 2014: New Challenges and Direction

The Cadastral Template 2.0, From Design to Implementation

COORDINATED CADASTRES - A KEY TO BUILDING FUTURE GIS

Click to edit Master title style

Cadastral Futures building a new vision for the nature and role of cadastres. XXIV FIG International Congress Sydney, April 11-15

Cadastral Workshops for NSW BoSSI Candidates

The RRR Toolbox: a Conceptual Model for Improving Spatial Data Management in SDIs

Smart Infrastructure Benefits and Key Players from a Global Perspective

Land Administration Infrastructure: The Other Side of the Coin 1

15 July Ms E Young Team Leader Protected Area Establishment Department of Environment and Natural Resources Adelaide

Expert Group Meeting 9-11 November 2005 Geomatics The University of Melbourne Centre for Spatial Data Infrastructures and Land Administration

Planning for Licensed Premises

The Cadastral Tool Box a Framework for Reform

Developing a Prototype Marine Cadastre for Chedabucto Bay, Nova Scotia

Sharon Harwood. Statutory Land Use Plans and Economic Development Cape York Indigenous Communities

Presented at the FIG Congress 2018, May 6-11, 2018 in Istanbul, Turkey

Cadastre and Other Public Registers: Multipurpose Cadastre or Distributed Land Information System?

Information contained

Land Consolidation Thesaurus finding common ground. 9 th International LANDNET workshop 3-5 October 2017 Budapest, Hungary

Native Title Explained

(a) who the persons, or each group of persons, holding the common or group rights comprising the native title are; and

From Parcel to Global Cadastre: Challenges and Issues of the Post-Reform Quebec Cadastre. Elisabetta Genovese, Francis Roy

LESSONS FOR FEDERAL COUNTRIES THAT HAVE STATE LAND REGISTRIES - THE AUSTRALIAN EXPERIENCE

Cadastral Template Project

Greetings from Denmark. Property Rights, Restrictions and Responsibilities - A Global Land Management Perspective. Wonderful Copenhagen

A National Vision for Australian Land Registries

Complexities in land acquisition

Spatially Enabled Society Role of the Cadastre

Land Administration and Spatial Data Infrastructures Trends and Developments

Land Titles, Sales & Property Based Services for QLD

Secure Tenure for Home Ownership on Native Title Lands

Global Challenges for Land Administration and Sustainable Development

Land Registration in a Digital Environment.

Geoinformation Technologies in Land Management and Beyond: Case of Georgia

Large Scale Stock Transfer and Relationships with the Community

CASE STUDY: INCENTIVE MEASURES PROTECTION OF NATURAL HERITAGE ON PRIVATE LAND. Submitted by the Government of New Zealand

THE FUTURE ROLE OF THE CADASTRE

This fact sheet covers:

Chapter 3: A Framework for a National Land Information Infrastructure

CoreLogic RP Data Property Market Indicator Summary All data to week ending 30 August 2015

NEW ROLES OF LAND ADMINISTRATION SYSTEMS

Re-engineering engineering the cadastre to support e-governmente

Vote Lands. APPROPRIATION ADMINISTRATOR: Land Information New Zealand

Secure Tenure for Home Ownership on Native Title Lands

The Register of the Domain of the State, Cadastre 2014 and LADM

NSW Travelling Stock Reserves Review Public consultation paper

The Challenge to Implement International Cadastral Models Case Finland 1

Advanced Principles of 3D Cadastral Data Modelling. 2 nd International Workshop on 3D Cadastres 16 th 18 th November 2011

LAUNCH OF CADASTRAL TEMPLATE 2.0

Mandatory use of notaries becoming unnecessary?

The Digital Cadastral Database and the Role of the Private Licensed Surveyors in Denmark

DEFINING A MARINE CADASTRE FOR AUSTRALIA

The National Rental Affordability Scheme Tenant Consent Form

LAND ADMINISTRATION FOR FOOD SECURITY A RESEARCH SYNTHESIS

The Importance of RRR in Cadastral System

A beautiful setting. The Evolving Role of Cadastral Systems in Support of Good Land Governance. Setting the scene

Cadastral Template 2003

Electronic Conveyancing Update

DOWNLOAD PDF PRACTICAL FORMS FOR THE GUIDANCE OF CONVEYANCERS

THE 2030 AGENDA, CITIES AND URBAN GOVERNANCE A CENTRAL ROLE FOR LAND AND GEOSPATIAL INFORMATION

Building Modern Land Administration Systems in Developed Economies

TOWARDS E-LAND ADMINISTRATION - ELECTRONIC PLANS OF SUBDIVISIONS IN VICTORIA

Land surveying is probably the (second) oldest profession in the world

Land Management and Development

LAND ADMINISTRATION SYSTEM IN BRUNEI DARUSSALAM

Vary/Transfer of a Private Works Licence

Land Administration and Economic Development: Evidence from Eastern Nepal

Quarterly Review The Australian Residential Property Market and Economy

The Boundary Concept Land Management Opportunities for Sustainable Development Provided by the Cadastre 2014 Approach. Jürg KAUFMANN, Switzerland

Applying a Land Management Profile in Surveying Education

Land Management Procedures and Informal Constructions in Cyprus. Marilena Theodorou, Land Surveyor, Cyprus, Dr Chryssy Potsiou, Lecturer NTUA, Greece

BEST PRACTICE REGULATORY REGIME FOR SHORT-TERM RENTAL ACCOMMODATION FEB 2018 COMMERCIAL-IN-CONFIDENCE

PREPARING SURVEY TENDER GIS DATABASE OUTCOMES

The Bathurst Declaration on Land Administration for Sustainable Development

Building Integrated Land Information Systems and Development of NSDI

Land Administration And Spatial Data Infrastructures

Overview of Legal Matters to be Considered in the Development of Reserve Lands

The Cadastral Modelling Future and The Land Surveyors Role

Investigating the Benefits of Land Administration Information to Natural Resource Management

AAA Land Information: Accurate, Assured and Authoritative

Assessing the worldwide comparison of cadastral systems

Implementation Tools for Local Government

Understanding the Land Management Paradigm

REGULATION OF THE ARCHITECTURAL PROFESSION

HIA Industry Recommendation - Private Certification

Galicia 2009 Regional Workshop on Land Tenure and Land Consolidation. FAO s Experience with Land Development Instruments in Europe

The Danish Digital Cadastral Map A Tool for Land Management

Transcription:

Shaping the the Change, XXIII XXIII FIG FIG Congress, Munich, Germany, October 8-13, 8-13, 2006 2006 TS TS 49 49 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 1991 1991 Aboriginal Aboriginal & Torres Torres Strait Strait Islanders Islanders (Land (Land Holding) Holding) Act Act 1985 1985 Acquisition Acquisition of of Land Land Act Act 1991 1991 Acquisition Acquisition Of Of Land Land Amendment Amendment Act Act 1999 1999 Administrative Administrative Boundaries Boundaries Terminology Terminology Act Act 1985 1985 Some of of the 180 Allan Allan And And Stark Stark Burnett Burnett Lane Lane Subway Subway Authorisation Authorisation Act Act 1926 1926 Ambulance Ambulance Service Service Act Act 1991 1991 QLD ACTS Ambulance Ambulance Service Service Amendment Amendment Act Act 1997 1997 including RRs Anzac Anzac Square Square Development Development Project Project Act Act 1982 1982 Associations Associations Incorporation Incorporation Act Act 1981 1981 over land Associations Associations Incorporation Incorporation Amendment Amendment Act Act 1995 1995 Auctioneers Auctioneers And And Agents Agents Act Act 1971 1971 Australia Australia And And New New Zealand Zealand Banking Banking Group Group Limited Limited (Nmrb) (Nmrb) Act Act 1991 1991 Bank Bank Of Of New New Zealand Zealand (Transfer (Transfer Of Of Undertaking) Undertaking) Act Act 1997 1997 Beach Beach Protection Protection Act Act 1968 1968 Body Body Corporate Corporate And And Community Community Management Management Act Act 1997 1997 Brisbane Brisbane City City Council Council Business Business And And Procedure Procedure Act Act 1939 1939 Brisbane Brisbane Forest Forest Park Park Act Act 1977 1977 Building Building Legislation Legislation Amendment Amendment Regulation Regulation (No. (No. 1) 1) 1998 1998 Building Building Units Units And And Group Group Titles Titles Act Act 1994 1994 Building Building Units Units And And Group Group Titles Titles Regulation Regulation 1998 1998 Canals Canals Act Act 1958 1958 Central Central Queensland Queensland Coal Coal Associates Associates Agreement Agreement Amendment Amendment Act Act 1997 1997 Central Central Queensland Queensland Coal Coal Associates Associates Agreement Agreement Variation Variation Act Act 1996 1996 D E Z (Lyons et al, 02 and 04) 1. 1. Some poorly designed in in legislation Enforceable? Incentives? 2. 2. Some RRRs are poorly administered Processing times? Information Access? 3. 3. Some do not exist where they ought to to No No legislation No No controls South East Queensland Times 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 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 2006 2006 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,

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 1600 1400 1200 1000 800 600 400 200 0 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?

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?

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 1200 1000 800 600 400 200 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

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;