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…