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PhD Confirmation Presentation Designing and Building a System for Managing Property Restrictions and Responsibilities

PhD Confirmation Presentation Designing and Building a System for Managing Property Restrictions and Responsibilities Rohan Bennett 15 th June 2005. Supervisors: Prof. Ian Williamson Ms. Jude Wallace Guest: Prof. Harlan Onsrud. Panel: Prof. Ian Williamson Assoc. Prof. Gary Hunter

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PhD Confirmation Presentation Designing and Building a System for Managing Property Restrictions and Responsibilities

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  1. PhD Confirmation PresentationDesigning and Building a System for Managing Property Restrictions and Responsibilities Rohan Bennett15th June 2005 Supervisors:Prof. Ian Williamson Ms. Jude WallaceGuest: Prof. Harlan Onsrud Panel:Prof. Ian Williamson Assoc. Prof. Gary Hunter Dr. Abbas Rajabifard Ms. Jude Wallace

  2. Overview • Introduction to the Research Problem • Research Direction • Hypothesis, Aims & Objectives, Expected Outcomes • Background and Foreground Literature • Proposed Methodology • Progress To Date • Publications and Presentations

  3. Introduction to the Research Problem

  4. 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’?

  5. 1. Introduction to the Research Problem • The Torrens System of Registration • The Principles • Mirror • Curtain • Insurance • Implementing the System Parcel

  6. 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 Heritage Protection Area

  7. 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

  8. 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 • ……… • Z Some of the 180 QLD ACTS including RRs over land

  9. 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)

  10. 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”

  11. 2. Research Direction

  12. 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.

  13. 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

  14. 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

  15. 2. Research Direction Management Models For Restrictions and Responsibilities New Classification Model for Restrictions and Responsibilities Sustainable Development

  16. 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”

  17. 2. Research Direction • Aims & Objectives (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 • 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

  18. 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

  19. 2. Research Direction • Expected Research Outcomes: • Complete evaluation of restrictions and responsibilities within case study jurisdictions • An ontological framework including a robust definition and classification model of restrictions and responsibilities • A toolbox of management options relating to the restriction and responsibility classifications

  20. 3. Background and Foreground Literature

  21. 3. Literature Review Seven core areas of study to date: • Sustainability and the Role of Land Admin. • Defining Restrictions and Responsibilities • The Property Rights Debate • Management of Restrictions and Responsibilities within Australian Jurisdictions • The Role of Emerging Geo-ICT and the Importance of the Spatial Dimension • Emerging Users and Providers of Restrictions and Responsibility Information • The Value and Application of Ontology

  22. 3. Literature Review 1. Sustainability and the Role of Land Administration (1 of 2) Sustainable Development e-Citizenship e-Governance Land Administration Functions Land Tenure, Land Valuation, Land Use, Land Development Land Information Infrastructures Land Policy Land Administration underpins Sustainable Development Country Context (Enemark et al, 2004)

  23. Good Land Information Better Land Policy Better Land Administration Better Land Use 3. Literature Review 1. Sustainability and the Role of Land Administration (2 of 2) Sustainable Development can only be achieved with good land information + Integrated Information (FIG, 1999)

  24. 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 Resource or Land Property Right Right Holder a. Property Right Right Holder b. Government and Citizens Resource or Land

  25. 3. Literature Review 2. Defining Restrictions and Responsibilities (2 of 5) Bundles of rights associated with position (Ostrom and Schlager, 1996)

  26. 2. Defining Restrictions and Responsibilities (3 of 5) 3. Literature Review LAND TENURE THEORY Organising Theory PRIVATE Own Lease Sharecrop Mortgage PUBLIC Classifications COMMON OPEN ACCESS

  27. 2. Defining Restrictions and Responsibilities (4 of 5) 3. Literature Review CLASSIFICATION THEORY ?? Organising Theory CLASS 1 ? Sub Class 1.1 ? Sub Class 1.2 ? Sub Class 1.3 ? Sub Class 1.4 ? CLASS 2 ? Classifications CLASS 3 ? CLASS 4 ?

  28. Agrarian Society: Agricultural, Tax, Infrastructure Restrictions Industrial Society with Land Markets: Title Restrictions Regulated Society: Subdivision, Building & Zoning Restrictions Sustainable Society: Environmental & Social Restrictions 3. Literature Review 2. Defining Restrictions and Responsibilities (5 of 5) • Hohfeld’s System of Jural Relations • The Evolution of Restrictions and Responsibilities AD 0000s 1000s 1700s 1900s 1950s 2000s

  29. 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

  30. 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……. ? ?

  31. 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

  32. Networks (lines) Parcels (polygons) • Addresses (geocoded points) (x2,y2) (x3,y3) (x1,y1) (x1,y1) Level 17 101 Collins Street Melbourne 3000 = (x1,y1 (x2,y2) (x3,y3) (x4,y4) (x2,y2) Locations (points) Structured Networks (topology) (x1,y1) (x2,y2) Imagery (raster) 3. Literature Review Oracle, Microsoft and IBM are enabling systems to store and manage all types of spatial information Location Enabled Platform

  33. 3. Literature Review The location-enabled platform integrates enterprise GIS and core business applications Data Warehousing Business Intelligence • Utilities • and • Transport Location Enabled Platform Enterprise GIS Land Management and Cadastre Emergency Response

  34. Parcel 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

  35. 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

  36. 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?

  37. 4. Proposed Research Procedure

  38. 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

  39. Satisfy Objective 1 Concept • Literature Review Problem Definition Sustainability and Land Administration Hypothesis The Property Rights Debate Aim & Objectives Property Rights vs. Property Restrictions and Responsibilities Methodology Emerging Geo-ICT Alternative forms of RRR land management Confirmation Report Emerging Information User and Provider groups

  40. Satisfy Objective 1 and 2 Requirements 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

  41. 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 Administrative Body Registration Method Private Sector Involvement Spatial Identification Method Public Access Method Tenures Affected Type of Interest Created Allocation Method Area Affected Use of ICT Access Method Removal Method Update Method Classification 1 Classification 2.. ..Classification N Management Models For eachcategory 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

  42. 4. Methodology

  43. Classification #1 The RRR Toolbox Option 2 Business Management Principles: Option 1 Option 1 Option 2 Option 1 …Option N Operations Management Principles: = Management Model 1 Outputs from Requirements Phase Option 1 Classification #2 Option 2 …Option N Option N Information Management Principles: Option 2 Option 1 Option 1 Option 2 …Option N = Management Model 2

  44. Satisfy Objective 4 Testing 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

  45. 4. Methodology

  46. 5. Progress and Timetable

  47. 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

  48. 6. Publications and Presentations

  49. 5. Publications and Presentations • Presentations • Publications

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