Incorporating Sustainable Development Objectives into ICT Enabled Land

Incorporating Sustainable Development Objectives into ICT Enabled Land Administration Systems Building a System to Manage Property RRRs in 21 st Century Australia Rohan Bennett Ph. D Candidate Expert Group Meeting 9 -11 November 2005 Supervisors: Prof. Ian Williamson Ms. Jude Wallace

The Problem • Property and Ownership have changed… Right Holder Resource or Land Property Right Government & Citizens

The Problem Owner Proprietor Tenant Authorized User Authorized Manager Authorized Entrant X Access X X X X Management Withdrawal Property Rights Exclusion X Alienation X X Government Created Restrictions and Responsibilities Through Legislation

The Problem • Incorporating Restrictions & Responsibilities into our theory of Property Rights Resource or Land Right Holder New Theory of Property 1. What Owner can do 2. What Owner can’t do Below the Line = hundreds of statutes which declare restrictions & /responsibilities on land. These are mostly managed in an ad hoc, independent fashion. 3. What Government can/can’t do Government & Citizens Above the Line = what we see on the Property Title. It represents unlimited rights and opportunity (subject to some overriding interests).

The Problem • 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 Mining Lease - State impossible. Planning Zone – Local & State Clearing Restriction - State Aesthetic Limitation - Body Corporate Parcel Ownership - State Utility Line - Private e Pr eritag H n. A tectio o rea – al & Feder State

Further Questions • • • How much land regulation do we want? Why don’t some restrictions work? How do we address ‘implied’ restrictions? The issue of compensation… Do we need a national approach? Stateline Victoria 29 th July 2005 Landfill Anyone? Multi-million dollar apartment 08. 09. 05 complex built on a toxic site South East Queensland Times Spatially confused farmer fined over $7000 for illegal land clearing 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 drycleaning and laundry business at 225 Queensland accounted for 75% of land clearing in Australia in 2000, Barkly Street, followed by NSW with 18%. Victoria accounted for just 0. 4% of the national total — but it is already the most cleared state, with 70% of its native vegetation cover lost.

Thanks for your time…. • Acknowledgements – Staff and Students @ Centre for SDI / LA – Supervisors: Jude Wallace, Ian Williamson and Abbas Rajabifard – Spatial Information Infrastructure, Department of Sustainability and Environment • Questions…

The End

Extra Content

The Research Hypothesis (1) • Proposed solutions are problematic: – Too large and costly – Too focused on Government – Information Provision rather than Service Provision • Analysis of existing restriction systems is needed: – – What is their Impact on Tenure and Ownership? What is there Spatial Extent? How do we define them? Which ones matter? Which ones work? Which don’t? Who administers them? How – Spatially Enabled? • More consultation with end users is required: = – What information do they need? More Efficient – Which land related activities are problematic to them? • The possibilities offered by new needs exploration: – – – Next Generation GIS Web Mapping Services Location Enabled DB Platforms Land Related Activities spatial technologies + Achievement of Sustainability Goals

Research Methodology (1) Concept Identify and define need for the new system. Requirements Analysis of existing systems and 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

Requirements 1. The Australian Situation 2. Emerging Users & Providers (AUS) Case study: Explore the legislative and administrative regimes of existing restrictions and responsibilities within Australian jurisdictions. Case Study: Explore the information needs and capacities of core user sectors including Developers, Utilities, Finance, Insurance. 4. Emerging European Models 3. Emerging Geo-ICT Case Study: Explore the legislative and administrative regimes of existing restrictions and responsibilities within European jurisdictions. Analysis: Document and assess the opportunities offered by next generation GIS, location base DB platforms, and web mapping services. Requirements Document

Results (1) • Case Study: Existing Systems in Australia Federal State Local Body Corporate Privately Listed e. g. Utility Implied/Unlisted e. g. Hazard Sites e. g. Land locked Parcels Database of all RRRs – WHY? ?

Results (2) – Assessing Statutes Category Criteria Possible Values Policy Level Legislative Origins National, State, Local, Body Corporate, Unlisted Type of Legislation Proscriptive, Descriptive Period of Creation 1950 2000 Driver for Creation Government, Public Driven Type of Land Affected Urban, Rural, Marine Environment, Commercial, Residential, Ind, Agr Type of Interest Created Right, Liberty, Power or Immunity (Cole and Grossman, 2002) Type of Administration Body Minister, Government Department, Local Council, Statutory Authority Private Sector Involvement Public Private Partnership, None 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 Price to access Transaction Fee vs. Cost Recovery vs. Nothing Access Point Automated Online, Automated Onsite, Unavailable Altering Information Online, Onsite, Unavailable 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 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 Management Level Operational Level Public Access Method Impact on Rights System Spatial Elements

Results (3) – The Spatial Element • • • Ownership Blanket Restriction Single Parcel Restriction Patchwork Restriction Non Parcel Restriction

Results (4) - The Tenure Element Spatial Extent of Restriction Tenure(s) Impacted by Restriction Crown Private Communal Open Blanket e. g. Coastal Management Act e. g. Land Acquisition Act e. g. No selling Communal Lands X Patchwork e. g. Alpine Resort Mngmt Act e. g. Ag and Chemical Use Important Act e. g. Proposal to Lease Communal Lands X Specific e. g. MCG Land Act e. g. City. Link Act e. g. Mabo Case X e. g. Electrical e. g. Non-Real X X Non-Parcel Opportunity Safety Act Property

Results (5) • Case Study: Victorian Statute Book – 1045 Acts – 523 Acts – Land/Spatially Related – ~ 100 – Important – ~ 50 - Allocation is dynamic Manageable!

Looking Ahead… • Continue analysis of Restriction Statutes: – Federal, Local, Body Corporate • Begin consultation with User Groups Agriculture: 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’t we build? Insurance: What risks surround this property? Should we provide cover?

Further Questions • How much land regulation do we want? Do we need a cap? • Not all restrictions work (e. g. Land Clearing in QLD). Why don’t they work? Are there alternatives? • How do we address the problem of ‘implied’ restrictions -those which are not listed but should be? Stateline Victoria Landfill Anyone? 29 th July 2005 Multi-million doll ar apartment complex built on a toxic site The owner and de veloper of 49 new apartments in Brun swick has begun leg al proceedings again st the Spotless Grou p after an EPA audit found soil and groundwater at the site had been contaminated. Until 1992, Spotles s operated a drycleaning and laund ry business at 225 Barkly Street,

Thanks for your time…. • Acknowledgements – Staff and Students @ Centre for SDI / LA – Supervisors: Jude Wallace, Ian Williamson and Abbas Rajabifard – Spatial Information Infrastructure, Department of Sustainability and Environment • Questions…