DSE, SII Research Seminar 2005 DSE, SII Research Seminar 2005
Designing and Building a Designing and Building a System for Managing Property System for Managing Property Interests in 21Interests in 21stst Century CenturyAustralia Australia
Rohan BennettRohan Bennett
2626thth October 2005 October 2005
DSE, SII Research Seminar 2005 DSE, SII Research Seminar 2005
Designing and Building a Designing and Building a System for Managing Property System for Managing Property Interests in 21Interests in 21stst Century CenturyAustralia Australia
Rohan BennettRohan Bennett
2626thth October 2005 October 2005
Supervisors:Prof. Ian Williamson Ms. Jude Wallace
• Traditional Approach to Property
• Legal Theory of Property
• Traditional Approach to Property
• Legal Theory of Property
The Research Problem (1)The Research Problem (1)The Research Problem (1)The Research Problem (1)
PropertyPropertyRightRight
RightRightHolderHolder
ResourceResourceoror
LandLand
ResourceResourceoror
LandLandGovernmentGovernment& Citizens& Citizens
PropertyPropertyRightRight
RightRightHolderHolder
The Research Problem (2)The Research Problem (2)The Research Problem (2)The Research Problem (2)
Owner Proprietor Tenant Authorized User
Authorized Manager
Authorized Entrant
Access
X X X X X X
Management
X X X X X
Withdrawal
X X X X
Exclusion
X X
Alienation
X
PropertyPropertyRightsRights
Government Created
Restrictions andResponsibilities
ThroughLegislation
Government Created
Restrictions andResponsibilities
ThroughLegislation
The Research Problem (3)The Research Problem (3)The Research Problem (3)The Research Problem (3)
• Incorporating Restrictions & Responsibilities into our theory of Property Rights
• Incorporating Restrictions & Responsibilities into our theory of Property Rights
ResourceResourceoror
LandLand
GovernmentGovernment& Citizens& Citizens
New Theory of PropertyNew Theory of Property
RightRightHolderHolder
1. What Owner can do1. What Owner can do
2. What Owner 2. What Owner can’t docan’t do
3. What 3. What Government Government
can/can’t can/can’t dodo
Above the Line =Above the Line =what we see on the what we see on the
Property Title. It Property Title. It represents unlimited represents unlimited
rightsrights and and opportunity (subject opportunity (subject to some overriding to some overriding
interests).interests).
Above the Line =Above the Line =what we see on the what we see on the
Property Title. It Property Title. It represents unlimited represents unlimited
rightsrights and and opportunity (subject opportunity (subject to some overriding to some overriding
interests).interests).
Below the Line =Below the Line =hundreds of statutes hundreds of statutes
which declarewhich declarerestrictions &restrictions &
/responsibilities/responsibilities on on land. These are mostly land. These are mostly managed in an ad hoc, managed in an ad hoc, independent fashion.independent fashion.
Below the Line =Below the Line =hundreds of statutes hundreds of statutes
which declarewhich declarerestrictions &restrictions &
/responsibilities/responsibilities on on land. These are mostly land. These are mostly managed in an ad hoc, managed in an ad hoc, independent fashion.independent fashion.
The Research Problem (4)The Research Problem (4)The Research Problem (4)The Research Problem (4)
• The Torrens System doesn’t manage the whole relationship..
• The new property interests are managed in an non-integrated, ad hoc fashion.
• Land related activities are not efficient and achieving sustainability objectives is next to impossible.
• The Torrens System doesn’t manage the whole relationship..
• The new property interests are managed in an non-integrated, ad hoc fashion.
• Land related activities are not efficient and achieving sustainability objectives is next to impossible.
ParcelParcelOwnershipOwnership
- State- State
ParcelParcelOwnershipOwnership
- State- State
Planning Zone – Local & State
Heritage Protection Area – Federal & State
ClearingRestriction- State
Mining Lease - State
Aesthetic Limitation - Body Corporate
Utility Line - Private
The Research Hypothesis (1)The Research Hypothesis (1)The Research Hypothesis (1)The Research Hypothesis (1)
• Proposed solutions are problematic:Proposed solutions are problematic:– Too large and costlyToo large and costly– Too focused on GovernmentToo focused on Government– Information Provision rather than Service ProvisionInformation Provision rather than Service Provision
• Analysis of Analysis of existing restriction systemsexisting restriction systems is needed: is needed:– What is their Impact on Tenure and Ownership?What is their Impact on Tenure and Ownership?– What is there Spatial Extent? How do we define them?What is there Spatial Extent? How do we define them?– Which ones matter? Which ones work? Which don’t?Which ones matter? Which ones work? Which don’t?– Who administers them? How – Spatially Enabled?Who administers them? How – Spatially Enabled?
• More consultation with More consultation with end usersend users is required: is required:– What information do they need?What information do they need?– Which land related activities are problematic to them?Which land related activities are problematic to them?
• The possibilities offered by new The possibilities offered by new spatial technologiesspatial technologies needs exploration:needs exploration:
– Next Generation GISNext Generation GIS– Web Mapping ServicesWeb Mapping Services– Location Enabled DB PlatformsLocation Enabled DB Platforms
• Proposed solutions are problematic:Proposed solutions are problematic:– Too large and costlyToo large and costly– Too focused on GovernmentToo focused on Government– Information Provision rather than Service ProvisionInformation Provision rather than Service Provision
• Analysis of Analysis of existing restriction systemsexisting restriction systems is needed: is needed:– What is their Impact on Tenure and Ownership?What is their Impact on Tenure and Ownership?– What is there Spatial Extent? How do we define them?What is there Spatial Extent? How do we define them?– Which ones matter? Which ones work? Which don’t?Which ones matter? Which ones work? Which don’t?– Who administers them? How – Spatially Enabled?Who administers them? How – Spatially Enabled?
• More consultation with More consultation with end usersend users is required: is required:– What information do they need?What information do they need?– Which land related activities are problematic to them?Which land related activities are problematic to them?
• The possibilities offered by new The possibilities offered by new spatial technologiesspatial technologies needs exploration:needs exploration:
– Next Generation GISNext Generation GIS– Web Mapping ServicesWeb Mapping Services– Location Enabled DB PlatformsLocation Enabled DB Platforms
= More Efficient Land Related
Activities +
Achievement ofSustainability
Goals
= More Efficient Land Related
Activities +
Achievement ofSustainability
Goals
Research Methodology (1)Research Methodology (1)Research Methodology (1)Research Methodology (1)
ConceptIdentify and define need for the new system.
ConceptIdentify and define need for the new system.
RequirementsAnalysis of existing systems and end users.
RequirementsAnalysis of existing systems and end users.
Design & DevelopmentCreate a blueprint for the design with necessary specifications for information and technology
Design & DevelopmentCreate a blueprint for the design with necessary specifications for information and technology
TestingEvaluates the system in relation to the expected or intended functionality
TestingEvaluates the system in relation to the expected or intended functionality
1. The Australian Situation
Case study: Explore the legislative and administrative
regimes of existing restrictions and responsibilities within Australian
jurisdictions.
1. The Australian Situation
Case study: Explore the legislative and administrative
regimes of existing restrictions and responsibilities within Australian
jurisdictions.
4. Emerging European Models
Case Study: Explore the legislative and administrative
regimes of existing restrictions and responsibilities within European
jurisdictions.
4. Emerging European Models
Case Study: Explore the legislative and administrative
regimes of existing restrictions and responsibilities within European
jurisdictions.
2. Emerging Users & Providers (AUS)Case Study: Explore the
information needs and capacities of core user sectors including Developers, Utilities, Finance,
Insurance.
2. Emerging Users & Providers (AUS)Case Study: Explore the
information needs and capacities of core user sectors including Developers, Utilities, Finance,
Insurance.
3. Emerging Geo-ICT
Analysis: Document and assess the opportunities offered by next generation GIS, location base DB
platforms, and web mapping services.
3. Emerging Geo-ICT
Analysis: Document and assess the opportunities offered by next generation GIS, location base DB
platforms, and web mapping services.
RequirementsRequirementsRequirementsRequirements
Requirements DocumentRequirements Document
Results 1Results 1Results 1Results 1
• Case Study: Existing Systems in AustraliaCase Study: Existing Systems in Australia• Case Study: Existing Systems in AustraliaCase Study: Existing Systems in Australia
Federal
State
Local
Databaseof all RRRs –WHY??
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
Body Corporate
Body Corporate
Results 2 – Assessing StatutesResults 2 – Assessing StatutesResults 2 – Assessing StatutesResults 2 – Assessing StatutesCategory Criteria Possible Values
Policy Level Legislative Origins National, State, Local
Type of Legislation Prescriptive, Descriptive
Period of Creation 1950 2000
Driver for Creation Government, Public Driven
Type of Land Affected Urban, Rural, Marine Environment
Type of Interest Created Right, Liberty, Power or Immunity (Cole and Grossman, 2002)
Management Level Type of Administration Body Minister, Government Department, Local Council, Statutory Authority
Private Sector Involvement Public Private Partnership, None
Operational Level Allocation Method Systematic, Sporadic
Registration Method Single Register, Multiple Registers, Negative Register, No Register, Torrens, Deeds
Update Method On request, None
Removal Method Time Based, Request Based, None
Level of ICT Automated Online, Automated Onsite, Paper Based
Public Access Method
Price to access Transaction Fee vs. Cost Recovery vs. Nothing
Access Point Automated Online, Automated Onsite, Onsite, Unavailable
Altering Information Online, Onsite, Unavailable
Impact on Rights System
Tenures Affected Private vs. Public vs. Communal vs. Open Access
Relationship to the Cadastral Map Parcel Based, Non-Parcel Based
Relationship to Land Registry Recorded in Registry, Link to Registry using ID, No Relationship
Spatial Elements Spatial Unit Parcel (Polygon), Network, Points, Lines, None
Identifier Parcel ID, Property ID, Council Number,
Mapping Status Complete Automated Online Map, Incomplete Automated Online Map, Automated offline Map, Paper Based Map, None
Results 3 – The Spatial ElementResults 3 – The Spatial ElementResults 3 – The Spatial ElementResults 3 – The Spatial Element
• Ownership• Blanket Restriction• Single Parcel Restriction• Patchwork Restriction• Non Parcel Restriction
Results (4) The Tenure ElementResults (4) The Tenure ElementResults (4) The Tenure ElementResults (4) The Tenure Element
Crown Private Communal Open
Blankete.g. Coastal Managemen
t Act
e.g. Land Acquisition
Act
e.g. No selling
Communal Lands
X
Patchworke.g. Alpine
Resort Mngmt Act
e.g. Ag and Chemical Use Act
e.g. Proposal to
Lease Communal
Lands
X
Specific e.g. MCG Land Act
e.g. CityLink Act
e.g. Mabo Case
X
Non-Parcele.g.
Electrical Safety Act
e.g. Non-Real
PropertyX X
Tenure(s) Impacted by Restriction
Sp
ati
al Exte
nt
of
Restr
icti
on
ImportantImportantImportantImportant
OpportunityOpportunityOpportunityOpportunityOpportunityOpportunityOpportunityOpportunity
Results (5)Results (5)Results (5)Results (5)
• Case Study: Victorian Statute BookCase Study: Victorian Statute Book– 1045 Acts1045 Acts– 523 Acts – Land/Spatially Related523 Acts – Land/Spatially Related– ~ 100 – Important~ 100 – Important– ~ 50 - Allocation is dynamic~ 50 - Allocation is dynamic
• Case Study: Victorian Statute BookCase Study: Victorian Statute Book– 1045 Acts1045 Acts– 523 Acts – Land/Spatially Related523 Acts – Land/Spatially Related– ~ 100 – Important~ 100 – Important– ~ 50 - Allocation is dynamic~ 50 - Allocation is dynamic
0
200
400
600
800
1000
1200Total Acts
Land RelatedActs
PatchworkActs
LargePatchworkActs
0
200
400
600
800
1000
1200Total Acts
Land RelatedActs
PatchworkActs
LargePatchworkActs
Manageable!
Looking Ahead…Looking Ahead…Looking Ahead…Looking Ahead…
• Continue analysis of Restriction Statutes:Continue analysis of Restriction Statutes:– Federal, Local, Body CorporateFederal, Local, Body Corporate
• Begin consultation with User GroupsBegin consultation with User Groups
• Continue analysis of Restriction Statutes:Continue analysis of Restriction Statutes:– Federal, Local, Body CorporateFederal, Local, Body Corporate
• Begin consultation with User GroupsBegin consultation with User GroupsAgriculture:
Which vegetation can I clear from my property?
Utility Company: Where are my
assets? What do I own? What
easements exist?
Developers: Where can we
build? What can we build? What can’t we build?
Insurance: What risks
surround this property? Should we provide cover?
Further QuestionsFurther QuestionsFurther QuestionsFurther Questions
• How much land regulation do we want? Do How much land regulation do we want? Do we need a cap?we need a cap?
• Not all restrictions work (e.g. Land Clearing Not all restrictions work (e.g. Land Clearing in QLD). Why don’t they work? Are their in QLD). Why don’t they work? Are their alternatives? alternatives?
• How do we address the problem of ‘implied’ How do we address the problem of ‘implied’ restrictions -those which are not listed but restrictions -those which are not listed but should be?should be?
• How much land regulation do we want? Do How much land regulation do we want? Do we need a cap?we need a cap?
• Not all restrictions work (e.g. Land Clearing Not all restrictions work (e.g. Land Clearing in QLD). Why don’t they work? Are their in QLD). Why don’t they work? Are their alternatives? alternatives?
• How do we address the problem of ‘implied’ How do we address the problem of ‘implied’ restrictions -those which are not listed but restrictions -those which are not listed but should be?should be?
LandfillAnyone?
Stateline VictoriaStateline Victoria 29 29thth July 2005 July 2005Multi-million dollar apartment Multi-million dollar apartment complex built on a toxic sitecomplex built on a toxic site
Stateline VictoriaStateline Victoria 29 29thth July 2005 July 2005Multi-million dollar apartment Multi-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,
Thanks for your time….Thanks for your time….Thanks for your time….Thanks for your time….
• AcknowledgementsAcknowledgements– Staff and Students @ Centre for SDI / LAStaff and Students @ Centre for SDI / LA– Spatial Information Infrastructure, Department of Spatial Information Infrastructure, Department of
Sustainability and EnvironmentSustainability and Environment
• Questions…Questions…
• AcknowledgementsAcknowledgements– Staff and Students @ Centre for SDI / LAStaff and Students @ Centre for SDI / LA– Spatial Information Infrastructure, Department of Spatial Information Infrastructure, Department of
Sustainability and EnvironmentSustainability and Environment
• Questions…Questions…