PhD Confirmation Presentation Designing and Building a System for Managing Property Restrictions and

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PhD Confirmation PresentationDesigning and
Building a System for Managing Property
Restrictions and Responsibilities Rohan
Bennett15th June 2005
SupervisorsProf. Ian Williamson Ms. Jude
WallaceGuest Prof. Harlan Onsrud
Panel Prof. Ian Williamson Assoc. Prof. Gary
Hunter Dr. Abbas Rajabifard Ms. Jude Wallace
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Overview

• Introduction to the Research Problem
• Research Direction
• Hypothesis, Aims Objectives, Expected Outcomes
• Background and Foreground Literature
• Proposed Methodology
• Progress To Date
• Publications and Presentations

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Introduction to the Research Problem
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1. Introduction to the Research Problem

• Private ownership of property is basis of modern
  Western Economies
• What do we expect from ownership?
• How do we our secure ownership?

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1. Introduction to the Research Problem

• The Torrens System of Registration
• The Principles
• Mirror
• Curtain
• Insurance
• Implementing the System

Parcel
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1. Introduction to the Research Problem

• Post WWII
• Rise of the Regulatory and
• Sustainability Movements
• The Emergence of Restrictions and
  Responsibilities
• Torrens under threat.

Mining Lease
Noise Restriction
Planning Zone
Parcel
Heritage Protection Area
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1. Introduction to the Research Problem

• 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

Some of the 180 QLD ACTS including RRs over land
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1. Introduction to the Research Problem

• Still more.
• 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
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1. Introduction to the Research Problem

• Torrens principles are challenged and the Title
  is no longer a one-stop-shop for all interests
• Alternative management regimes have been built in
  a reactive, ad hoc and uncoordinated manner
• A serious omission in current land
  administrating systems is the absence of records
  of encumbrances and restrictions pursuant to
  public law.
• It is important that attention should be devoted
  to the retention of up-to-date records of this
  information.
• Van Der Molen (2004)

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1. Introduction to the Research Problem

• Problem Statement
• The current administration of property
  restrictions and responsibilities is reactive,
  ad-hoc and lacks coordination. This makes it
  difficult, if not impossible, to deliver
  sustainable development

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2. Research Direction
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2. Research Direction

• To date, no attempt has been made to develop an
  analytical framework or ontology for restrictions
  and responsibilities
• Therefore, discussions relating to the
  administration of restrictions are impeded and no
  best practice management models have prevailed.

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2. Research Direction

• Proposed solutions for the administration
  problems have been
• Complex
• Expensive
• Government focused
• And have not considered
• End-User requirements
• Private sector involvement and
• Emerging Geo-ICT and the Importance of the
  Spatial Dimension

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2. Research Direction

• A concise definition and classification model for
  restrictions and responsibilities needs to be
  established
• This will assist the development of appropriate
  management models
• Both the classification and management models
  must consider
• The end-user requirements
• The potential role of the private sector
• The importance of
• defining the spatial dimension
• The use of emerging Geo-ICTs

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2. Research Direction

Management Models For Restrictions and
Responsibilities
New Classification Model for Restrictions and
Responsibilities
Sustainable Development
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2. Research Direction

• Research Hypothesis
• The development of a classification model and
  accompanying best practice management models will
  assist land administration in the delivery of
  sustainable development

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2. Research Direction

• Aims Objectives (1)
• To document
• the nature of restrictions and responsibilities
  and why they are essential if we are to achieve
  sustainability
• current systems for managing restrictions and how
  they have evolved
• To identify
• the information needs of the core end user groups
  of restriction and responsibility information
• the role emerging Geo-ICT and the private sector
  might play in restrictions and responsibility
  management

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2. Research Direction

• Aims Objectives (2)
• 3. To design
• an ontology including a robust definition and
  classification model for the diverse range of
  restrictions and responsibilities
• a toolbox of management approaches and apply them
  to the different classifications of restrictions
  and responsibilities
• 4. To test and refine
• both the classification model and management
  toolbox by applying them to case study scenarios

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2. Research Direction

• Expected Research Outcomes
• Complete evaluation of restrictions and
  responsibilities within case study jurisdictions
• An ontological framework including a robust
  definition and classification model of
  restrictions and responsibilities
• A toolbox of management options relating to the
  restriction and responsibility classifications

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3. Background and Foreground Literature
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3. Literature Review

• Seven core areas of study to date
• Sustainability and the Role of Land Admin.
• Defining Restrictions and Responsibilities
• The Property Rights Debate
• Management of Restrictions and Responsibilities
  within Australian Jurisdictions
• The Role of Emerging Geo-ICT and the Importance
  of the Spatial Dimension
• Emerging Users and Providers of Restrictions and
  Responsibility Information
• The Value and Application of Ontology

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3. Literature Review

• 1. Sustainability and the Role of Land
  Administration (1 of 2)

Sustainable Development
e-Governance
e-Citizenship
Land Administration Functions Land Tenure, Land
Valuation, Land Use, Land Development
Land Information Infrastructures
Land Policy
Land Administration underpins Sustainable
Development
Country Context
(Enemark et al, 2004)
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3. Literature Review

• 1. Sustainability and the Role of Land
  Administration (2 of 2)

Sustainable Development can only be achieved with
good land information
Integrated Information
(FIG, 1999)
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3. Literature Review

• 2. Defining Restrictions and Responsibilities (1
  of 5)
• The Conferral of three powers
• Power of Exclusion or Management
• Power to Use and Profit from
• Power to Transfer
• Legal Statement involving three entities

Resource or Land
Property Right
Right Holder
a.
Property Right
Right Holder
b.
Government and Citizens
Resource or Land
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3. Literature Review

• 2. Defining Restrictions and Responsibilities (2
  of 5)

Bundles of rights associated with position
(Ostrom and Schlager, 1996)
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3. Literature Review

• 2. Defining Restrictions and Responsibilities (3
  of 5)

LAND TENURE THEORY
Organising Theory
PRIVATE
Own Lease Sharecrop Mortgage
PUBLIC
Classifications
COMMON
OPEN ACCESS
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3. Literature Review

• 2. Defining Restrictions and Responsibilities (4
  of 5)

CLASSIFICATION THEORY ??
Organising Theory
CLASS 1 ?
Sub Class 1.1 ? Sub Class 1.2 ? Sub Class 1.3
? Sub Class 1.4 ?
CLASS 2 ?
Classifications
CLASS 3 ?
CLASS 4 ?
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3. Literature Review

• 2. Defining Restrictions and Responsibilities (5
  of 5)
• Hohfelds System of Jural Relations
• The Evolution of Restrictions and
  Responsibilities

AD 0000s 1000s 1700s 1900s
1950s 2000s
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3. Literature Review

• 3. The Property Rights Debate (1 of 1)
• Two primary lines of argument.
• Free Market Economists
• VS
• Good Governance
• Compensation A Central Issue

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3. Literature Review

• 4. Management of Restrictions and
  Responsibilities within Australian Jurisdictions
  (1 of 1)
• Two approaches are evident
• The Revolutionary Approach
• Complete Overhaul and Integration of Systems
• Manage all RRR by six functions
• Single point of Ministerial Responsibility
• Unbundling of markets and creation of new rights
  markets
• Cadastral Layer a linking attribute
• The Evolutionary Approach
• Scale up the existing Torrens System
• Examples VIC, NSW, WA and its SLIP
• What about Title Insurance. ? ?

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3. Literature Review

• 5. The Application of Emerging Geo-ICT and the
  Importance of the Spatial Component (1 of 4)
• A number of technologies ready to be applied to
  the problem including..
• Web Services
• OGC Standards WMS, WFS, WCS, CWS
• Location Enabled Diagrams
• Next Generation GIS

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3. Literature Review
Oracle, Microsoft and IBM are enabling systems to
store and manage all types of spatial information
Location Enabled Platform
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3. Literature Review
The location-enabled platform integrates
enterprise GIS and core business applications
Data Warehousing
Business Intelligence
Utilities and Transport
Location Enabled Platform
Enterprise GIS
Land Management and Cadastre
Emergency Response
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3. Literature Review

• 5. The Application of Emerging Geo-ICT and the
  Importance of the Spatial Component (4 of 4)
• Next Generation GIS (Elfick, 2005)
• 64bit Technology
• Sub Millimetre Precision
• Coordinated Cadastre

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3. Literature Review

• 6. Emerging Information Users and Providers
  (1 of 1)
• Organisations undertaking
• Asset Management Utility Companies
• Risk Assessment Insurance Firms, Financial
  Institutions
• Land Prospecting Property Developers
• Emergency Response Government, Voluntary Orgs
• Agriculture Production Farmers, Graziers
• Netherlands Case Study
• - Electrical Cables now considered immovable
  property
• - Utilities to manage integrated datasets

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3. Literature Review

• 7. The Value of Ontology
• What is Ontology?
• 2 Components
• Why develop an Ontology?
• When to use Ontology
• Domain
• Small Corpus, Formal Categories, Stable Entities,
  Restricted Entities, Clear Edges
• Participants
• Expert Cataloguers, Authoritative judgement,
  Coordinated users, Expert Users
• How do we develop an Ontology?

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4. Proposed Research Procedure
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4. Proposed Methodology
Concept Identify and define need for the new
system.
The Systems Development Life Cycle
Requirements Analyze information needs of the
systems end users.
Design Development Create a blueprint for the
design with necessary specifications for
information and technology
Testing Evaluates the system in relation to the
expected or intended functionality
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Satisfy Objective 1
Concept

• Literature Review

Problem Definition
Sustainability and Land Administration
Hypothesis
The Property Rights Debate
Aim Objectives
Property Rights vs. Property Restrictions and
Responsibilities
Methodology
Emerging Geo-ICT
Alternative forms of RRR land management
Confirmation Report
Emerging Information User and Provider groups
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Satisfy Objective 1 and 2
Requirements
2. Emerging Users Providers (AUS) Case Study
Explore the information needs and capacities of
core user sectors including Developers,
Utilities, Finance, Insurance.
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.
3. Emerging Geo-ICT Analysis Document and
assess the opportunities offered by next
generation GIS, location base DB platforms, and
web mapping services.
Requirements Document
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Satisfy Objective 3
Design Development

• Classification Model
• Develop different categories of restrictions and
  responsibilities based on a set of criteria

Example Criteria Level of Government Administrat
ive Body Registration Method Private Sector
Involvement Spatial Identification Method Public
Access Method Tenures Affected Type of Interest
Created Allocation Method Area Affected Use of
ICT Access Method Removal Method Update Method
Classification 1
Classification 2..
..Classification N
Management Models For each category created use
available toolbox approach to build a best
practice management model which includes
Business and Management Principles
Operational and Technological Principles
Information Management Principles
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4. Methodology
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Classification 1

The RRR Toolbox
Option 2
Business Management Principles
Option 1
Option 1
Option 2
Option 1
Option N
Operations Management Principles
Management Model 1
Outputs from Requirements Phase
Option 1
Classification 2
Option 2
Option N
Option N
Information Management Principles
Option 2
Option 1
Option 1
Option 2
Option N
Management Model 2
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Satisfy Objective 4
Testing
1. Test in Australian Jurisdiction (VIC) Use
interviews and questionnaires with Australian
land administrators and user groups to assess the
validity and usefulness of classification and
management models.
2. Test in European Jurisdiction (NED) Use
interviews and questionnaires with European land
administrators and user groups to assess the
validity and usefulness of classification and
management models.
3. Refined Classification and Management
Models Based on feedback from both jurisdictions
refine both classification and management models
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4. Methodology
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5. Progress and Timetable
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5. Progress and Timetable

• Key Results
• Literature Review
• Project Development
• Commencement of Case Studies on 3 Australian
  States
• Complete Assessment of Victorian Statute Book RRs
• Initial Criteria Established
• Problems
• Selection of appropriate case studies
• Jurisdiction and number of RRs to focus on
• Focus of the Management Models
• Just spatial or more socio-technical approach?
• Designing an Appropriate Testing Methodology

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6. Publications and Presentations
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5. Publications and Presentations

• Presentations
• Publications

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5. Publications and Presentations

• Meetings Contacts
• Susan Brown, SII
• Peter Moseley, SII
• Cathy Chipchase, SII
• Bruce Thompson, CEO SI
• Lorna Marshall, Crown Lands
• Mining Council of Victoria
• Skill Sessions
• Qualitative Data Analysis 1
• Qualitative Data Analysis 2
• Shaking the Money Tree
• Preparing for Confirmation
• Academic Presentations
• Making use of End-Note
• Library Resources and Electronic Journals

• Conferences
• Seminars

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End of PresentationThanks for your
attendanceQuestions?Acknowledgement I wish
to acknowledge the support of the Department of
Sustainability and Environment (DSE) of Victoria,
Australia, and the members of the Centre for
Spatial Data Infrastructures and Land
Administration at the Department of Geomatics,
The University of Melbourne, in the preparation
of this presentation, report and the associated
research.Bibliography Available from the
presenter on request