Towards Sustainable Development Incorporating Restrictions and Responsibilities into

Towards Sustainable Development: Incorporating Restrictions and Responsibilities into Land Administration Systems Rohan Bennett Ph. D Candidate Centre for Spatial Data Infrastructures and Land Administration Department of Geomatics Research Progress Seminar Department of Sustainability and Environment Wednesday, October 27 2004 Marland House - Archer Room 16 th Floor, 570 Bourke Street, Melbourne

Outline Part 1: Background and Problem Definition – Sustainability, LAS and the 3 R’s explained Part 2: Current Ideas and Proposals – From Government and LAS literature Part 3: Future Work – Land Rights Summit, Research Methodology

Part 1 Background and Problem Definition

Part 1: Background and Problem Definition Our Starting Point - Sustainability • 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.

Part 1: Background and Problem Definition Land Administration, Rights, Restrictions and Responsibilities Mining Lease Planning Zone The Cadastre A Land Parcel Noise Restriction • Theory suggests LAS What about should manage all Restrictions and RRRs relating to a Responsibilities? parcel. • How do we However, current administer them? systems focus only on organising Rights ea r on A tecti e Pro (using TENURE theory ritag He & systems)

Part 1: Background and Problem Definition But wait there’s 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 • 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 • C. . • D……………. . Z. Some of the 180 QLD ACTS including RRs over land

So our LAS are lacking! Is there a ‘quick fix’…? ? Rights are well organised and managed Why don’t we borrow the model and related theory for Restrictions and Responsibilities? ?

Part 1: Background and Problem Definition Land Rights Organisation Organising Theory LAND TENURE THEORY PRIVATE PUBLIC Own Lease Classifications Sharecrop COMMON Mortgage OPEN ACCESS

Part 1: Background and Problem Definition Land Restrictions & Responsibilities Organisation ? ? Organising Theory Public ? ? Private? ? Classifications Global/ International ? ?

Part 1: Background and Problem Definition What does having no model result in? 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.

Part 2 Current Ideas & Proposals

Part 2: Current Ideas and Proposals The “Expanded Register” Approach Victoria has 2 strategies - 1. Use Title Certificate – Planning agreements (s 173 planning legislation) are ON TITLE. 2. Transaction driven access through VSCO – Vendors Statement Certificate On-Line: electronic certificate system for zoning, land tax, road access, rates, heritage controls, pollution? ? ?

Part 2: Current Ideas and Proposals The “All In” Approach Example: . Western Australia: Legislative Council Report 2001 Recommendations 35 and 36: – In the short term the Do. LI 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 Do. LI introduce as soon as practical an electronic 3 d CT which records all interests affecting the land on the CT.

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 Do. LI And – Cross-referenced with the relevant CT. See also federal report: Public Good Conservation 2004

Part 2: Current Ideas and Proposals The “Themed Functions” Approach 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.

Part 3 Proposed Research & Future Work

Part 3: Proposed Research & Future Work Proposed Research Methodology • 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

Part 3: Proposed Research & Future Work Current Status and Future Activities • Analysing Victorian Statute Book • Internship @ SII • Attending Land Rights summit on LDC

The End Thanks for your time Any Questions? ? Queries and critiques to rbennett@sunrise. sli. unimelb. edu. au