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
Overview
1. Introduction to the Research Problem
2. Research Direction
•
Hypothesis, Aims & Objectives, Expected Outcomes
3. Background and Foreground Literature
4. Proposed Methodology
5. Progress To Date
6. Publications and Presentations
1. Introduction to
the Research
Problem
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’?
1. Introduction to the Research Problem
•
The Torrens System of Registration
– The Principles
•
•
•
Mirror
Curtain
Insurance
– Implementing the System
Parcel
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
1. Introduction to the Research Problem
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
Some of the 180 QLD ACTS including RRs over land
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
………
Some of the 180 QLD ACTS
Z
including RRs over land
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)
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”
2. Research
Direction
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.
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
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
2. Research Direction
New
Classification
Model for
Restrictions and
Responsibilities
Management
Models
For Restrictions
and
Responsibilities
Sustainable
Development
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”
2. Research Direction
•
Aims & Objectives (1):
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
2. 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
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
2. Research Direction
•
Expected Research Outcomes:
1. Complete evaluation of restrictions and
responsibilities within case study jurisdictions
2. An ontological framework including a robust
definition and classification model of restrictions
and responsibilities
3. A toolbox of management options relating to the
restriction and responsibility classifications
3. Background
and Foreground
Literature
3. Literature Review
Seven core areas of study to date:
1.
2.
3.
4.
Sustainability and the Role of Land Admin.
Defining Restrictions and Responsibilities
The Property Rights Debate
Management of Restrictions and Responsibilities
within Australian Jurisdictions
5. The Role of Emerging Geo-ICT and the
Importance of the Spatial Dimension
6. Emerging Users and Providers of Restrictions and
Responsibility Information
7. The Value and Application of Ontology
3. Literature Review
1. Sustainability and the Role of Land Administration
(1 of 2)
Sustainable
Development
e-Citizenship
Land
Policy
e-Governance
Land
Administration
Functions
Land Tenure, Land
Valuation, Land Use,
Land Development
Country
Context
Land
Information
Infrastructures
Land
Administration
underpins
Sustainable
Development
(Enemark et al, 2004)
3. Literature Review
1. Sustainability and the Role of Land Administration
(2 of 2)
Sustainable Development can only be achieved
with good land information
Good Land
Information
Better Land
Policy
Better Land
Administration
Better Land
Use
+
Integrated
Information
(FIG, 1999)
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
a.
Resource
or Land
Property
Right
Property
Right
b.
Government
and Citizens
Resource
or Land
Right
Holder
Right
Holder
3. Literature Review
2. Defining Restrictions and Responsibilities (2 of 5)
Bundles of rights associated with position
Owner
Proprietor
Claimant
Authorised
User
Authorised
Entrant
X
Access
X
X
X
X
Withdrawal
X
X
X
X
Management
X
X
X
X
Exclusion
X
X
Alienation
X
(Ostrom and Schlager, 1996)
3. Literature Review
2. Defining Restrictions and Responsibilities (3 of 5)
Organising
Theory
LAND TENURE THEORY
PRIVATE
PUBLIC
Own
Lease
Classifications
Sharecrop
COMMON
Mortgage
OPEN ACCESS
3. Literature Review
2. Defining Restrictions and Responsibilities (4 of 5)
Organising
Theory
CLASSIFICATION THEORY ??
CLASS 1 ?
CLASS 2 ?
Sub Class 1.1 ?
Sub Class 1.2 ?
Classifications
Sub Class 1.3 ?
CLASS 3 ?
Sub Class 1.4 ?
CLASS 4 ?
3. Literature Review
2. Defining Restrictions and Responsibilities (5 of 5)
• Hohfeld’s System of Jural Relations
Elements
Right
•
Opposites
Duty
No Right
Privilege
No Right
Duty
Power
Immunity
Disability
Immunity
Disability
Liability
The Evolution of Restrictions and Responsibilities
Agrarian Society:
Agricultural, Tax,
Infrastructure
Restrictions
AD
Correlatives
0000s
1000s
Industrial
Society with
Land Markets:
Title Restrictions
1700s
Regulated
Society:
Subdivision,
Building & Zoning
Restrictions
1900s
Sustainable
Society:
Environmental &
Social Restrictions
1950s
2000s
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
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……. ? ?
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
3. Literature Review
Oracle, Microsoft and IBM are enabling systems to store and manage all
types of spatial information
Networks
(lines)
(x1,y1)
Parcels
(polygons)
Addresses
(geocoded points)
(x2,y2)
(x1,y1)
(x2,y2)
Locations
(points)
(x3,y3)
Level 17
101 Collins Street
Melbourne
3000
=
(x1,y1
(x2,y2)
(x3,y3)
(x4,y4)
(x1,y1)
Structured Networks
(topology)
(x2,y2)
Imagery
(raster)
Location Enabled
Platform
3. Literature Review
The location-enabled platform integrates enterprise GIS and core
business applications
Business
Intelligence
Data
Warehousing
Utilities
and
Transport
Enterprise
GIS
Emergency
Response
Location Enabled
Platform
Land Management
and Cadastre
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
Parcel
Survey Database feature class
Parcels
Survey Database feature class
Allow
Lines
Field name
Data type nulls Survey Database feature class
Allow
Points
OBJECTID
Object ID
SHAPE
Joined
ParcelName
PlanID
ParcelType
StatedArea
Compiled
TrueMidBrg
Historical
SytemStartDate
SystemEndDate
LegalStartDate
LegalEndDate
SHAPE_Length
SHAPE_Area
CentroidX
CentroidY
AccuracyID
Field name
Data type nulls
Geometry
Yes
OBJECTID
Object ID
Short integer No Field name
SHAPE
Geometry
String
No OBJECTID
Joined
Short integer
Long integer No
SHAPE
ParcelID
Long integer
Short integer No
Joined
Sequence
Long integer
Double
Yes PointCode
FromPoint
Long integer
Short integer No PointName
ToPoint
Long integer
Short integer No Historical
Bearing
Double
Short integer No Remarks
Distance
Double
Date
No Contourable
LineType
Short integer
Date
No
SystemStartDate
Radius
Double
Date
Yes
SystemEndDate
ArcDistance
Double
Date
YesLegalStartDate
Delta
Double
Double
YesLegalEndDate
CenterPoint
Long integer
Double
Yes
Historical
Short integer
Double
Yes
SHAPE_Length
Double
Double
Yes
RadialBearing
Double
Long integer No
TangentBearing
Double
EntryParameters
Short integer
AccuracyID
Long integer
Allow
Data type nulls
Yes
Object ID
No
Geometry
No
Short integer
Yes
String
No
String
No
Short integer
Yes
String
Yes
Short integer
No
Date
Yes
Date
Yes
Date
Yes
Date
Yes
No
Yes
Yes
Yes
No
Yes
Yes
No
Yes
Yes
No
Yes
No
Yes
Yes
Yes
Yes
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
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?
4. Proposed
Research
Procedure
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
Concept
Satisfy
Objective 1
Literature Review
Problem Definition
Sustainability and Land
Administration
Hypothesis
The Property Rights Debate
Property Rights vs. Property
Restrictions and Responsibilities
Emerging Geo-ICT
Aim & Objectives
Methodology
Alternative forms of RRR land
management
Emerging Information User and
Provider groups
Confirmation
Report
Requirements
Satisfy
Objective 1 and 2
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
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
Private Sector Involvement
Tenures Affected
Area Affected
Removal Method
Classification 1
Administrative Body
Spatial Identification Method
Type of Interest Created
Use of ICT
Update Method
Registration Method
Public Access Method
Allocation Method
Access Method
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
4. Methodology
Category
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)
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
Outputs from Requirements
Phase
The RRR Toolbox
Business Management Principles:
Classification #1
Option 2
Option 1
Option 1
Option 2
Option 1
…Option N
Operations Management Principles:
= Management Model 1
Option 1
Option 2
…Option N
Information Management Principles:
Classification #2
Option N
Option 2
Option 1
Option 1
Option 2
…Option N
= Management Model 2
Testing
Satisfy
Objective 4
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
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
Chapter 3 Looking Outside the Land Administration Box:
Emerging Technologies, Users and Alternative Forms of
Management
3. Own Research
Chapter 4 The Research Method
Chapter 5 Case Studies of Australian and European
Systems
Chapter 6 Case Studies of Emerging Information Users and
Emerging Technologies
Chapter 7 Designing the Classification Model and
Management Models
Chapter 8 Testing the Models: Results and Discussion
4. Conclusion
Chapter 9 Conclusion and Future Direction
References
Appendix
5. Progress and
Timetable
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
Phase
Tasks
Literature Review
Concept
2004
√
2005
√
Research Design
√
√
√
√
Confirmation
Australian Case Studies
2006
2007
√
√
√
√
√
√
√
End-User Case Studies
Requirements
European Case Studies
Emerging Geo ICT Analysis
Design RRR Evaluation
Criteria
Design &
Development
√
Develop RRR Classification Model
Build RRR Management Models
Test Models on Australian
Jurisdictions
Test Models on End Users
Testing
Test Models on European
Jurisdiction
Refine Models
Outcomes and Deliverables
Thesis Chapters
CP
CR
J1
1-4
J2
5-6
8
J3
7,9
10
11
6. Publications
and
Presentations
5. Publications and Presentations
•
•
Presentations
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
Publications
Author
Year
Bennett, R.,
Wallace, J.,
Williamson,
I.P.
2005
Title
(Sep)
•
Details
The Impact of ICT
on Australian Land
Administration
Systems

Conference: Spatial Sciences
Institute Conference 2005
5. Publications and Presentations
•
•
Conferences
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
Meetings & Contacts
–
–
–
–
–
–
•
Susan Brown, SII
Peter Moseley, SII
Cathy Chipchase, SII
Bruce Thompson, CEO SI
Lorna Marshall, Crown
Lands
Mining Council of Victoria
Seminars
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
•
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
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