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

2. 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

3. Part 1 Background and Problem Definition

4. 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

5. LandA Land ParcelThe Cadastre Land Administration, Rights, Restrictions and Responsibilities Theory suggests LAS should manage all RRRs relating to a parcel. However, current systems focus only on organising Rights (using TENURE theory & systems) Part 1: Background and Problem Definition Planning Zone Heritage Protection Area Noise Restriction Mining Lease What about Restrictions and Responsibilities? How do we administer them?

6. 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. Part 1: Background and Problem Definition Some of the 180 QLD ACTS including RRs over land

7. 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??

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

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

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

11. Part 2 Current Ideas & Proposals

12. Victoria has 2 strategies - 1.Use Title Certificate –Planning agreements (s173 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??? The “Expanded Register” Approach Part 2: Current Ideas and Proposals

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

14. 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 DoLI And –Cross-referenced with the relevant CT. See also federal report: Public Good Conservation 2004. Part 2: Current Ideas and Proposals

15. 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 2: Current Ideas and Proposals

16. Part 3 Proposed Research & Future Work

17. 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

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

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