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Shaping the Change, XXIII FIG Congress, Munich, Germany, October 8-13, 2006 TS 49 – Social Land Tenure and Land Administration Reshaping the management of property rights, restrictions and responsibilities Mr. Rohan Bennett Shaping the Change, XXIII FIG Congress, Munich, Germany, October 8-13, 2006 TS 49 – Social Land Tenure and Land Administration Reshaping the management Reshaping the management of property rights, of property rights, restrictions and restrictions and responsibilities responsibilities Mr. Rohan Bennett 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 Introduction The rise and fall The rise and fall of property rights, restrictions of property rights, restrictions and responsibilities and responsibilities (RRRs) (RRRs) Property ownership is well managed Property ownership is well managed Example: The Torrens System (~1850s) The Principles Mirror Curtain Insurance Implementing the System Example: The Torrens System (~1850s) Example: The Torrens System (~1850s) The Principles The Principles Mirror Mirror Curtain Curtain Insurance Insurance Implementing the System Implementing the System Parcel Parcel But, there are other interests 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… The post WWII era sees the rise of The post WWII era sees the rise of environmental sustainability, social equity environmental sustainability, social equity movements. movements. This leads to creation of RRRs, outside This leads to creation of RRRs, outside traditional cadastral/registration systems traditional cadastral/registration systems… Parcel Parcel Planning Zone Heritage Protection Area Noise Restriction Mining Lease Ting et al, 2001 … but wait there’s more! Lots more Lots more… 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 Some of the 180 QLD ACTS including RRs over land (Lyons et al, 02 and 04) Three main problems Three main problems… 1. Some poorly designed in legislation Enforceable? Incentives? 2. Some RRRs are poorly administered Processing times? Information Access? 3. Some do not exist where they ought to No legislation No controls 1. 1. Some poorly designed Some poorly designed in legislation in legislation Enforceable? Enforceable? Incentives? Incentives? 2. 2. Some RRRs are poorly Some RRRs are poorly administered administered Processing times? Processing times? Information Access? Information Access? 3. 3. Some do not exist Some do not exist where they ought to where they ought to No legislation No legislation No controls No controls Moreland Leader Jan 2 nd 2006 Owners ignore hazard reduction enforcement notices Moreland Leader Moreland Leader Jan 2 Jan 2 nd nd 2006 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 South East Queensland Times 08.09.05 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 Stateline Victoria 29 29 th th July 2005 July 2005 Multi Multi -million dollar apartment million dollar apartment complex built on a toxic site 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,

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Shaping the Change, XXIII FIG Congress, Munich, Germany, October 8-13, 2006TS 49 – Social Land Tenure and Land Administration

Reshaping the managementof property rights,restrictions andresponsibilities

Mr. Rohan Bennett

Shaping the Change, XXIII FIG Congress, Munich, Germany, October 8-13, 2006TS 49 – Social Land Tenure and Land Administration

Reshaping the managementReshaping the managementof property rights,of property rights,restrictions andrestrictions andresponsibilitiesresponsibilities

Mr. Rohan Bennett

Department of GeomaticsCentre for Spatial Data Infrastructures andLand Administration

Torrens

!?!!?!Introduction

The rise and fall of property rights, restrictions

and responsibilities (RRRs)

IntroductionIntroduction

The rise and fall The rise and fall of property rights, restrictions of property rights, restrictions

and responsibilities and responsibilities (RRRs)(RRRs)

Property ownership is well managed Property ownership is well managed Property ownership is well managed

• Example: The Torrens System (~1850s)

– The Principles• Mirror• Curtain

• Insurance

– Implementing the System

•• Example: The Torrens System (~1850s)Example: The Torrens System (~1850s)

–– The PrinciplesThe Principles•• MirrorMirror•• CurtainCurtain

•• InsuranceInsurance

–– Implementing the SystemImplementing the System

ParcelParcelParcel

But, there are other interests…But, there are other interestsBut, 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…

•• The post WWII era sees the rise of The post WWII era sees the rise of environmental sustainability, social equity environmental sustainability, social equity movements. movements.

•• This leads to creation of RRRs, outside This leads to creation of RRRs, outside traditional cadastral/registration systemstraditional cadastral/registration systems……

ParcelParcelParcel

Planning Zone

Heritage Protection Area

NoiseRestriction

Mining Lease

Ting et al, 2001… but wait there’s more!

Lots more…Lots moreLots more……

• 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•• ………………•• ZZ

Some of the 180 QLD ACTS

including RRsover land

Some of the 180 QLD ACTS

including RRsover land

(Lyons et al, 02 and 04)

Three main problems…Three main problemsThree main problems……

1. Some poorly designed in legislation• Enforceable?• Incentives?

2. Some RRRs are poorly administered• Processing times?• Information Access?

3. Some do not exist where they ought to• No legislation• No controls

1.1. Some poorly designed Some poorly designed in legislationin legislation•• Enforceable?Enforceable?•• Incentives?Incentives?

2.2. Some RRRs are poorly Some RRRs are poorly administeredadministered•• Processing times?Processing times?•• Information Access?Information Access?

3.3. Some do not exist Some do not exist where they ought towhere they ought to•• No legislationNo legislation•• No controlsNo controls

Moreland Leader

Jan 2nd 2006

Owners ignore hazard

reduction enforcement

notices

Moreland Leader

Moreland Leader

Jan 2Jan 2ndnd 20062006

Owners ignore hazard

reduction enforcement

noticesOwners of derelict f

actories

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

South East Queensland Times

08.09.0508.09.05

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 VictoriaStateline Victoria 2929 thth July 2005July 2005

MultiMulti--million dollar apartment million dollar apartment complex built on a toxic sitecomplex 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,

2

One root cause…One root causeOne 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:

“…create a theoretical framework for understanding, discussing and comparing RRRs…”

•• We propose all three problems arose from We propose all three problems arose from the one root cause:the one root cause:

“…“…the lack of a shared, holistic and coherent the lack of a shared, holistic and coherent land policy and administrative frameworkland policy and administrative framework…”…”

•• In order to solve all three problems and In order to solve all three problems and achieve the initial objective of achieve the initial objective of sustainability, we must:sustainability, we must:

“…“…create a theoretical framework for create a theoretical framework for understanding, discussing and comparing understanding, discussing and comparing RRRsRRRs…”…”

Materials and method

A tale of three case studies

Materials and methodMaterials and method

A tale of three case studiesA tale of three case studies

The case study jurisdictionsThe case study jurisdictionsThe case study jurisdictions

Federal State

Databaseof all RRRs

Implied/Unlistede.g. Hazard Sitese.g. Land locked Parcels

Implied/Unlistede.g. Hazard Sitese.g. Land locked Parcels

Privately Listede.g. Utility

Privately Listede.g. Utility

BodyCorpBodyCorpLocal

Statute books, meetings, websites

Preliminary findings…Preliminary findingsPreliminary findings……

0

200

400

600

800

1000

1200

1400

1600

Federal State Local

ActsRRRs

0

200

400

600

800

1000

1200

1400

1600

Federal State Local

ActsRRRs

Results

Introducing and explaining the property object

ResultsResults

Introducing and explaining Introducing and explaining the property objectthe property object

Property Object 1

Property Object ‘n’

ObjectiveWhy has the RRR been created? ObjectiveWhy has the RRR been created?

Spatial ExtentWhere does the RRR apply?Spatial ExtentWhere does the RRR apply?

Duration When does the RRR apply?Duration When does the RRR apply?

ActionWhatlimitation or opportunity does the RRR create?ActionWhatlimitation or opportunity does the RRR create?

People ImpactedWho does the RRR apply to?People ImpactedWho does the RRR apply to?

Property Object 2

3

The “Objective” AttributeThe The ““ObjectiveObjective”” AttributeAttribute

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 land

5. Industry Management• Example: Gambling outlet and liquor retail

restrictions

6. Public safety and order• Example: Tobacco consumption restrictions

1.1. Environmental ConservationEnvironmental Conservation•• Example: Tree clearing restrictionsExample: Tree clearing restrictions

2.2. Social Conservation and EquitySocial Conservation and Equity•• Example: Native title rightsExample: Native title rights

3.3. Economic growth and SavingsEconomic growth and Savings•• Example: Land tax responsibilitiesExample: Land tax responsibilities

4.4. Tenure organization and legal procedureTenure organization and legal procedure•• Example: Compulsory acquisition of landExample: Compulsory acquisition of land

5.5. Industry ManagementIndustry Management•• Example: Gambling outlet and liquor retail Example: Gambling outlet and liquor retail

restrictionsrestrictions

6.6. Public safety and orderPublic safety and order•• Example: Tobacco consumption restrictionsExample: Tobacco consumption restrictions

The “Action” AttributeThe The ““ActionAction”” AttributeAttribute

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

1.1. AccessAccess–– Example: Surveyors/ police officesExample: Surveyors/ police offices

2.2. Management Management – Example: Building regulations that dictate

standards for the construction of dwellings

3.3. WithdrawalWithdrawal–– Example: Fishing Example: Fishing licencelicence

4.4. ExclusionExclusion–– Example: A five year site for a retailerExample: A five year site for a retailer

5.5. AlienationAlienation–– Example: Private ownership rightsExample: Private ownership rights

The “Spatial” AttributeThe The ““SpatialSpatial”” AttributeAttributeParcelbased

Non-

parcelbased

Specific

Patchwork

Blanket

Point/Object

Network

Polygon

t=1 t=2

Dynamic

The “Duration” AttributeThe The ““DurationDuration”” AttributeAttribute

TIME

Once

Repeat

Ad hoc

Indefinite

The “People impacted” AttributeThe The ““People impactedPeople impacted”” AttributeAttribute

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

1.1. PrivatePrivate–– Example: Taxation of private land by governmentExample: Taxation of private land by government

2.2. Public/GovernmentPublic/Government–– Example: Creation of national parks for the Example: Creation of national parks for the

benefit of the communitybenefit of the community

3.3. CommunalCommunal–– Example: Native title restrictions on use and Example: Native title restrictions on use and

managementmanagement

4.4. AllAll–– Example: Acquisition over any parcel of land by Example: Acquisition over any parcel of land by

governmentgovernment

5.5. Open Space / Other jurisdictionOpen Space / Other jurisdiction–– Example: By definition no RRR can be readily in Example: By definition no RRR can be readily in

these areasthese areas

Discussion

Why is the ‘property object’a useful concept ?

DiscussionDiscussion

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

4

A current issue…A current issueA current issue……

• The literature demands we reform our RRR administrative systems…

• What role for the traditional land registry?

• 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…

• But! 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 The literature demands we reform our RRR administrative systemsadministrative systems……

•• What role for the traditional land registry?What role for the traditional land registry?

•• One line of argumentOne line of argument……..–– ““Place all RRRs under the control of the land registryPlace all RRRs under the control of the land registry””

•• In Victoria that would mean placing 620 Acts in In Victoria that would mean placing 620 Acts in control of the registrycontrol 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?Which RRRs should be managed within the registry?

!?!!?!

What is the registry’s core business?What is the registryWhat is the registry’’s core business?s core business?

AllPrivate (Public)People

Once/ Short termAd hocDuration

Blanket/ SpecificParcel - PatchworkSpatialExtent

AccessAlienationActionRegulated

Varied objectivesEconomicObjective

Characteristics of“lesser” RRRs

Characteristics ofregistry RRRs

Attribute

A more reasonable proposal…?A more reasonable proposalA more reasonable proposal……??

• Example: Victoria ’s legislative framework•• Example: VictoriaExample: Victoria ’’s legislative frameworks legislative framework

0

200

400

600

800

1000

1200Total Acts

Acts with landinterests

Acts withimportantinterests

Acts that shouldbe managedwithin registry

The registry should only administer ‘tradable’ RRRs

Conclusion

Where to from here ?

ConclusionConclusion

Where to from here ?Where to from here ?

ConclusionConclusionConclusion

• 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.

• 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.

•• The The ‘‘property objectproperty object‘‘ is just a is just a starting pointstarting point for for redesigning our land administration systems. It is redesigning our land administration systems. It is not a panacea in itself.not a panacea in itself.

•• Further work should focus on developing different Further work should focus on developing different classifications of RRRs using the framework. These classifications of RRRs using the framework. These could be based around user needs. Different could be based around user needs. Different management models should be developed for management models should be developed for different classifications of RRRs.different classifications of RRRs.

•• The spatial and surveying profession will play a large The spatial and surveying profession will play a large and important role in and important role in spatially identifyingspatially identifying RRRs.RRRs.

•• SustainabilitySustainability will continue to be the key driver for will continue to be the key driver for redesigning our legislative and land administrative redesigning our legislative and land administrative frameworks. frameworks.

Thanks for your time

Any questions?

Acknowledgements:Centre for SDI and LA, Department of Geomatics, Melbourne University

DSE, Victorian State GovernmentDoL, NSW State Government

DLI, Western Australian Government

Moreland City CouncilDEST, Australian Federal Government

Thanks for your timeThanks for your time

Any questions?Any questions?

Acknowledgements:Acknowledgements:Centre for SDI and LA, Department of Geomatics, Melbourne UniverCentre for SDI and LA, Department of Geomatics, Melbourne Universitysity

DSE, Victorian State GovernmentDSE, Victorian State GovernmentDoLDoL, NSW State Government, NSW State Government

DLI, Western Australian GovernmentDLI, Western Australian Government

Moreland City CouncilMoreland City CouncilDEST, Australian Federal GovernmentDEST, Australian Federal Government

5

The literature…The literatureThe literature……

• Ting and Williamson, 1998 and 1999;

• Ting 2002;

• Kaufman and Steudler, 1998;

• Enemark, 2005

• Lyons et al, 2002 and 2004;

•• Ting and Williamson, Ting and Williamson, 1998 and 1999; 1998 and 1999;

•• Ting 2002; Ting 2002;

•• Kaufman and Kaufman and SteudlerSteudler, , 1998;1998;

•• EnemarkEnemark, 2005, 2005

•• Lyons et al, 2002 and Lyons et al, 2002 and 2004;2004;

Improving online searching…Improving online searchingImproving online searching……