Combined 5th Trans Tasman Survey Conference and 2nd Queensland Spatial Industry Conference 2006

1. !?! Combined 5th Trans Tasman Survey Conference and 2nd Queensland Spatial Industry Conference 2006 Session 1a - Sustainable Land Development and Property Rights - Thursday, 21 September 2006 11:00 Managing rights, restrictions and responsibilities affecting land Rohan Bennett Jude Wallace Ian Williamson Torrens Department of Geomatics Centre for Spatial Data Infrastructures and Land Administration

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

3. The good old days… • 1850s - the Torrens system • The Principles • Mirror • Curtain • Insurance • Implementing the System Parcel

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

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

6. Some poorly designed in legislation Some RRRs are poorly administered Some do not exist where they ought to Moreland Leader Jan 2nd 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 08.09.05 Spatially confused farmer fined over $7000 for illegal land clearing Stateline Victoria 29th 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, 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. Three main problems…

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

8. Materials and method A tale of three case studies

9. The case study jurisdictions Statute books, meetings, websites Federal State Body Corp Local Privately Listed e.g. Utility Database of all RRRs Implied/Unlisted e.g. Hazard Sites e.g. Land locked Parcels

10. Preliminary findings…

11. Results Introducing and explaining the property object

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

13. The “Objective” Attribute • Environmental Conservation • Example: Tree clearing restrictions • Social Conservation and Equity • Example: Native title rights • Economic growth and Savings • Example: Land tax responsibilities • Tenure organization and legal procedure • Example: Compulsory acquisition of land • Industry Management • Example: Gambling outlet and liquor retail restrictions • Public safety and order • Example: Tobacco consumption restrictions

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

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

16. TIME The “Duration” Attribute Once Repeat Ad hoc Indefinite

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

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

19. A 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? !?!

20. What is the registry’s core business?

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

22. Conclusion Where to from here ?

23. Conclusion • 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.

24. 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

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

26. Improving online searching…