Incorporating Sustainable Development Objectives into
ICT Enabled Land Administration Systems
Building a System to Manage Property
RRRs in 21st Century Australia
Rohan Bennett
PhD 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
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
X
X
X
X
X
X
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
Utility Line - Private
Aesthetic Limitation - Body Corporate
Parcel
Ownership
- 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
29th 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, 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. CityLink
Act
e.g. Mabo
Case
X
e.g. Electrical
e.g. Non-Real
X
X
NonParcel
Opportunity
Opportunity
Safety Act
Property
Results (5)
• Case Study: Victorian Statute Book
– 1045 Acts
– 523 Acts – Land/Spatially Related
– ~ 100 – Important
– ~ 50 - Allocation is dynamic
1200
1000
800
600
400
200
0
Manageable!
Total Acts
Land Related
Acts
Patchwork
Acts
Large
Patchwork
Acts
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
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?
Landfill
Anyone?
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…