Supervisors: Prof. Ian Williamson Ms. Jude Wallace

1. DSE, SII Research Seminar 2005 Designing and Building a System for Managing Property Interests in 21st CenturyAustralia Rohan Bennett26th October 2005 Supervisors:Prof. Ian Williamson Ms. Jude Wallace

2. Resource or Land Property Right Property Right Resource or Land The Research Problem (1) • Traditional Approach to Property • Legal Theory of Property Right Holder Right Holder Government & Citizens

3. Property Rights The Research Problem (2) Government Created Restrictions and Responsibilities Through Legislation

4. Resource or Land The Research Problem (3) • 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

5. The Research Problem (4) • 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

6. 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? • 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

7. 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

8. 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

9. Results 1 • 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

10. Results 2 – Assessing Statutes

11. Results 3 – The Spatial Element • Ownership • Blanket Restriction • Single Parcel Restriction • Patchwork Restriction • Non Parcel Restriction

12. Results (4) The Tenure Element Tenure(s) Impacted by Restriction Important Spatial Extent of Restriction Opportunity Opportunity

13. Results (5) • Case Study: Victorian Statute Book • 1045 Acts • 523 Acts – Land/Spatially Related • ~ 100 – Important • ~ 50 - Allocation is dynamic Manageable!

14. 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?

15. 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, 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 their alternatives? • How do we address the problem of ‘implied’ restrictions -those which are not listed but should be? Landfill Anyone?

16. Thanks for your time…. • Acknowledgements • Staff and Students @ Centre for SDI / LA • Spatial Information Infrastructure, Department of Sustainability and Environment • Questions…