Towards Sustainable Development: Incorporating Restrictions and Responsibilities into Land Administr

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Towards Sustainable Development Incorporating
Restrictions and Responsibilities into Land
Administration Systems 
Rohan BennettPhD Candidate Centre for Spatial
Data Infrastructures and Land Administration Depa
rtment of Geomatics
Research Progress SeminarDepartment of
Sustainability and Environment Wednesday, October
27 2004Marland House - Archer Room16th Floor,
570 Bourke Street, Melbourne
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Outline

• Part 1 Background and Problem Definition
• Sustainability, LAS and the 3 Rs explained
• Part 2 Current Ideas and Proposals
• From Government and LAS literature
• Part 3 Future Work
• Land Rights Summit, Research Methodology

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• Part 1
• Background
• and
• Problem Definition

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Our Starting Point - Sustainability
Part 1 Background and Problem Definition

• All human activity potentially falls into the
  range of regulated behavior.
• According to Sustainable Development Theory, land
  related activities have special claims to attract
  regulation.

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Land Administration, Rights, Restrictions and
Responsibilities
Part 1 Background and Problem Definition

• Theory suggests LAS should manage all RRRs
  relating to a parcel.
• However, current systems focus only on organising
  Rights (using TENURE theory systems)

Mining Lease
Planning Zone
Land
A Land Parcel
The Cadastre
What about Restrictions and Responsibilities?
How do we administer them?
Heritage Protection Area
Noise Restriction
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Part 1 Background and Problem Definition

• But wait theres 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

Some of the 180 QLD ACTS including RRs over land
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• So our LAS are lacking!
• Is there a quick fix??
• Rights are well organised and managed
• Why dont we borrow the model and related theory
  for Restrictions and Responsibilities??

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Land Rights Organisation
Part 1 Background and Problem Definition
LAND TENURE THEORY
Organising Theory
PRIVATE
Own Lease Sharecrop Mortgage
PUBLIC
Classifications
COMMON
OPEN ACCESS
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Land Restrictions Responsibilities Organisation
Part 1 Background and Problem Definition
??
Organising Theory
Public ??
??
Private??
Classifications
Global/ International
??
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What does having no model result in?
Part 1 Background and Problem Definition

• Conversations about how to approach restrictions
  and responsibilities are impeded
• No standard model for organization of
  Restrictions and Responsibilities exists.
• Ad hoc responses and solutions are evident.
• Confusion between policy clashes and
  administrative failures.

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• Part 2
• Current Ideas
• Proposals

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The Expanded Register Approach
Part 2 Current Ideas and Proposals

• Victoria has 2 strategies -
• Use Title Certificate
• Planning agreements (s173 planning legislation)
  are ON TITLE.
• Transaction driven access through VSCO
• Vendors Statement Certificate On-Line electronic
  certificate system for zoning, land tax, road
  access, rates, heritage controls, pollution???

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The All In Approach
Part 2 Current Ideas and Proposals

• Example
• Western Australia Legislative Council Report
  2001
• Recommendations 35 and 36
• In the short term the DoLI continue to implement
  its aim of establishing itself as a one stop
  shop database of all interests affecting land as
  an urgent priority.
• For the long term the DoLI introduce as soon as
  practical an electronic 3d CT which records all
  interests affecting the land on the CT.

.
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Part 2 Current Ideas and Proposals

• Example (continued)
• Western Australia Legislative Council Report
  2001
• Recommendation 37
• Government pass legislation with 2 year phase in-
• Any policy, strategy, plan or other document
  impacting on administrative decision-making with
  respect to land use that affects one or more
  specific certificates of title, is to be of no
  effect unless registered with DoLI
• And
• Cross-referenced with the relevant CT.See also
  federal report Public Good Conservation 2004

.
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The Themed Functions Approach
Part 2 Current Ideas and Proposals

• Organise RRs on 6 thematic functions (LDC)
• Policy, Determinations, Transactions handling,
  Information, Compliance and Appeals
• This helps. It focuses attention on the
  management of activities related to land, not on
  mere provision of information.
• But it is still very big. And its scope is much
  broader than necessary.

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• Part 3
• Proposed Research
• Future Work

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Proposed Research Methodology
Part 3 Proposed Research Future Work

• Analyse all Restrictions and Responsibilities and
  determine which ones are important
• Analyse and classify the existing administration
  and access arrangements of important Restrictions
  and Responsibilities.
• Assess the role ICT might play in automating
  administration, integration and access of
  Restrictions and Responsibilities.
• Develop best practice model(s) for dealing with
  Restrictions and Responsibilities creation,
  maintenance, removal

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Current Status and Future Activities
Part 3 Proposed Research Future Work

• Analysing Victorian Statute Book
• Internship _at_ SII
• Attending Land Rights summit on LDC

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• The End
• Thanks for your time
• Any Questions??
• Queries and critiques to rbennett_at_sunrise.sli.unim
  elb.edu.au