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Title: PhD Confirmation Presentation Designing and Building a System for Managing Property Restrictions and Responsibilities Rohan Bennett 15th June 2005


1
PhD Confirmation Presentation Designing and
Building a System for Managing Property
Restrictions and Responsibilities Rohan
Bennett 15th June 2005
Supervisors Prof. Ian Williamson Ms. Jude
Wallace Guest Prof. Harlan Onsrud
Panel Prof. Ian Williamson Assoc. Prof. Gary
Hunter Dr. Abbas Rajabifard Ms. Jude Wallace
2
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

3
Introduction to the Research Problem
4
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?

5
1. Introduction to the Research Problem
  • The Torrens System of Registration
  • The Principles
  • Mirror
  • Curtain
  • Insurance
  • Implementing the System

Parcel
6
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
7
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
8
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
9
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)

10
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

11
2. Research Direction
12
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.

13
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

14
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

15
2. Research Direction

Management Models For Restrictions and
Responsibilities
New Classification Model for Restrictions and
Responsibilities
Sustainable Development
16
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

17
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

18
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

19
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

20
3. Background and Foreground Literature
21
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

22
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)
23
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)
24
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
25
3. Literature Review
  • 2. Defining Restrictions and Responsibilities (2
    of 5)

Bundles of rights associated with position
Owner Proprietor Claimant Authorised User Authorised Entrant
Access X X X X X
Withdrawal X X X X
Management X X X X
Exclusion X X
Alienation X
(Ostrom and Schlager, 1996)
26
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
27
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 ?
28
3. Literature Review
  • 2. Defining Restrictions and Responsibilities (5
    of 5)
  • Hohfelds System of Jural Relations
  • The Evolution of Restrictions and
    Responsibilities

Elements Correlatives Opposites
Right Duty No Right
Privilege No Right Duty
Power Immunity Disability
Immunity Disability Liability
AD 0000s 1000s 1700s 1900s
1950s 2000s
29
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

30
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. ? ?

31
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

32
3. Literature Review
Oracle, Microsoft and IBM are enabling systems to
store and manage all types of spatial information
Location Enabled Platform
33
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
34
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

35
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

36
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?

37
4. Proposed Research Procedure
38
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
39
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
40
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
41
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
42
4. Methodology
Category Criteria Possible Values
Policy Level Legislative Origins National, State, Local
Policy Level Type of Legislation Prescriptive, Descriptive
Policy Level Period of Creation 1950 ? 2000
Policy Level Driver for Creation Government, Public Driven
Policy Level Type of Land Affected Urban, Rural, Marine Environment
Policy Level 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
Management Level Private Sector Involvement Public Private Partnership, None
Operational Level Allocation Method Systematic, Sporadic
Operational Level Registration Method Single Register, Multiple Registers, Negative Register, No Register, Torrens, Deeds
Operational Level Update Method On request, None
Operational Level Removal Method Time Based, Request Based, None
Operational Level Level of ICT Automated Online, Automated Onsite, Paper Based
Public Access Method Price to access Transaction Fee vs. Cost Recovery vs. Nothing
Public Access Method Access Point Automated Online, Automated Onsite, Onsite, Unavailable
Public Access Method Altering Information Online, Onsite, Unavailable
Impact on Rights System Tenures Affected Private vs. Public vs. Communal vs. Open Access
Impact on Rights System Relationship to the Cadastral Map Parcel Based, Non-Parcel Based
Impact on Rights System Relationship to Land Registry Recorded in Registry, Link to Registry using ID, No Relationship
Spatial Elements Spatial Unit Parcel (Polygon), Network, Points, Lines, None
Spatial Elements Identifier Parcel ID, Property ID, Council Number,
Spatial Elements Mapping Status Complete Automated Online Map, Incomplete Automated Online Map, Automated offline Map, Paper Based Map, None
43
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
44
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
45
4. Methodology
Section Chapter
1. Introduction Chapter 1 Introduction
2. Background Information Chapter 2 The Challenge for Land Administration in the 21st Century Restrictions Responsibility Management
2. Background Information Chapter 3 Looking Outside the Land Administration Box Emerging Technologies, Users and Alternative Forms of Management
3. Own Research Chapter 4 The Research Method
3. Own Research Chapter 5 Case Studies of Australian and European Systems
3. Own Research Chapter 6 Case Studies of Emerging Information Users and Emerging Technologies
3. Own Research Chapter 7 Designing the Classification Model and Management Models
3. Own Research Chapter 8 Testing the Models Results and Discussion
4. Conclusion Chapter 9 Conclusion and Future Direction
4. Conclusion References
4. Conclusion Appendix
46
5. Progress and Timetable
47
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

48
Phase Tasks 2004 2004 2005 2005 2005 2005 2006 2006 2006 2006 2007 2007
Concept Literature Review v v v v
Concept Research Design v v
Concept Confirmation v
Requirements Australian Case Studies v v v
Requirements End-User Case Studies
Requirements European Case Studies
Requirements Emerging Geo ICT Analysis v v v
Design Development Design RRR Evaluation Criteria v
Design Development Develop RRR Classification Model
Design Development Build RRR Management Models
Testing Test Models on Australian Jurisdictions
Testing Test Models on End Users
Testing Test Models on European Jurisdiction
Testing Refine Models
Outcomes and Deliverables Outcomes and Deliverables CP CR J1 J2 J3
Thesis Chapters Thesis Chapters 1-4 5-6 8 7,9 10 11
49
6. Publications and Presentations
50
5. Publications and Presentations
  • Presentations
  • Publications

Location Date Presentation Details
Department of Geomatics August 2004 Australian Management Solutions for Restrictions and Responsibilities
Department of Sustainability and Environment November 2004 Progress on Research Restrictions and Responsibilities Management
Department of Geomatics April 2005 Information Access Technologies in Land Administration
Author Year Title Details
Bennett, R., Wallace, J., Williamson, I.P. 2005 (Sep) The Impact of ICT on Australian Land Administration Systems Conference Spatial Sciences Institute Conference 2005
51
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

Location Date Conference Details
Brisbane, Queensland November 2004 ANZLIC National Summit on the Administration of Rights, Restriction and Responsibilities
Brisbane, Queensland December 2004 ARCRNSISS Spatially Integrated Social Science
Location Date Seminar Details
Darebin Arts Centre, Victoria October 2004 SSI Victorian Forum 2004
Melbourne, Victoria December 2004 SSI Ubiquitous Computing Seminar
Coburg Holiday Inn, Victoria April 2005 Spatial Interoperability Demonstrator Project
Melbourne, Victoria June 2005 VSC Forum No 1
52
End of Presentation Thanks for your
attendance Questions? 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
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