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

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Incorporating Sustainable Development Objectives into ICT Enabled Land Administration Systems Building a System to Manage Property RRRs in 21st Century Australia Rohan BennettPhD CandidateExpert Group Meeting 9-11 November 2005

Supervisors:Prof. Ian Williamson

Ms. Jude Wallace


The problem

Resource Enabled Land Administration Systems

or

Land

Property

Right

Property

Right

Resource

or

Land

The Problem

  • Property and Ownership have changed…

Right

Holder

Right

Holder

Government

& Citizens


The problem1

Property Enabled Land Administration Systems

Rights

The Problem

Government

Created

Restrictions and

Responsibilities

Through

Legislation


The problem2

Resource Enabled Land Administration Systems

or

Land

The Problem

  • Incorporating Restrictions & Responsibilities into our theory of Property Rights

Right

Holder

New Theory of Property

1. What Owner can do

2. What Owner

can’t do

3. What

Government

can/can’t

do

Above the Line =

what we see on the Property Title. It represents unlimited rights and opportunity (subject to some overriding interests).

Below the Line =

hundreds of statutes which declare

restrictions &

/responsibilities on land. These are mostly managed in an ad hoc, independent fashion.

Government

& Citizens


The problem3
The Problem Enabled Land Administration Systems

  • 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 impossible.

Mining Lease - State

Planning Zone – Local & State

Clearing

Restriction

- State

Aesthetic Limitation - Body Corporate

Parcel

Ownership

- State

Utility Line - Private

Heritage Protection Area – Federal & State


Further questions

South East Queensland Times 08.09.05 Enabled Land Administration Systems

Spatially confused farmer

fined over $7000 for

illegal land clearing

Stateline Victoria 29th July 2005

Multi-million dollar apartment

complex built on a toxic site

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 dry-cleaning and laundry business at 225 Barkly Street,

Queensland accounted for 75% of land clearing in Australia in 2000, 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.

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?

Landfill

Anyone?


Thanks for your time
Thanks for your time…. Enabled Land Administration Systems

  • 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 Enabled Land Administration Systems


Extra Content Enabled Land Administration Systems


The research hypothesis 1
The Research Hypothesis (1) Enabled Land Administration Systems

  • 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?

    • Which land related activities are problematic to them?

  • The possibilities offered by new spatial technologies needs exploration:

    • Next Generation GIS

    • Web Mapping Services

    • Location Enabled DB Platforms

  • =

    More Efficient

    Land Related

    Activities

    +

    Achievement of

    Sustainability

    Goals


    Research methodology 1
    Research Methodology (1) Enabled Land Administration Systems

    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 Enabled Land Administration Systems

    2. Emerging Users & Providers (AUS)

    Case Study: Explore the information needs and capacities of core user sectors including Developers, Utilities, Finance, Insurance.

    1. The Australian Situation

    Case study: Explore the legislative and administrative regimes of existing restrictions and responsibilities within Australian jurisdictions.

    4. Emerging European Models

    Case Study: Explore the legislative and administrative regimes of existing restrictions and responsibilities within European jurisdictions.

    3. Emerging

    Geo-ICT

    Analysis: Document and assess the opportunities offered by next generation GIS, location base DB platforms, and web mapping services.

    Requirements Document


    Results 1
    Results (1) Enabled Land Administration Systems

    • Case Study: Existing Systems in Australia

    Federal

    Local

    Body

    Corporate

    State

    Privately Listed

    e.g. Utility

    Database

    of all RRRs –WHY??

    Implied/Unlisted

    e.g. Hazard Sites

    e.g. Land locked Parcels


    Results 2 assessing statutes
    Results (2) – Assessing Statutes Enabled Land Administration Systems


    Results 3 the spatial element
    Results (3) – The Spatial Element Enabled Land Administration Systems

    • Ownership

    • Blanket Restriction

    • Single Parcel Restriction

    • Patchwork Restriction

    • Non Parcel Restriction


    Results 4 the tenure element
    Results (4) - The Tenure Element Enabled Land Administration Systems

    Tenure(s) Impacted by Restriction

    Important

    Spatial Extent of Restriction

    Opportunity

    Opportunity


    Results 5
    Results (5) Enabled Land Administration Systems

    • Case Study: Victorian Statute Book

      • 1045 Acts

      • 523 Acts – Land/Spatially Related

      • ~ 100 – Important

      • ~ 50 - Allocation is dynamic

    Manageable!


    Looking ahead
    Looking Ahead… Enabled Land Administration Systems

    • 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 questions1

    Stateline Victoria 29 Enabled Land Administration Systems th July 2005

    Multi-million dollar apartment

    complex built on a toxic site

    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 dry-cleaning and laundry business at 225 Barkly Street,

    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 time1
    Thanks for your time…. Enabled Land Administration Systems

    • 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…


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