PhD Confirmation PresentationPhD Confirmation Presentation
Designing and Building a Designing and Building a System for Managing Property System for Managing Property Restrictions and Restrictions and Responsibilities Responsibilities
Rohan BennettRohan Bennett
1515thth June 2005 June 2005
PhD Confirmation PresentationPhD Confirmation Presentation
Designing and Building a Designing and Building a System for Managing Property System for Managing Property Restrictions and Restrictions and Responsibilities Responsibilities
Rohan BennettRohan Bennett
1515thth June 2005 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
OverviewOverviewOverviewOverview
1.1. Introduction to the Research ProblemIntroduction to the Research Problem
2.2. Research DirectionResearch Direction• Hypothesis, Aims & Objectives, Expected Hypothesis, Aims & Objectives, Expected
OutcomesOutcomes
3.3. Background and Foreground LiteratureBackground and Foreground Literature
4.4. Proposed MethodologyProposed Methodology
5.5. Progress To DateProgress To Date
6.6. Publications and PresentationsPublications and Presentations
1.1. Introduction to the Research ProblemIntroduction to the Research Problem
2.2. Research DirectionResearch Direction• Hypothesis, Aims & Objectives, Expected Hypothesis, Aims & Objectives, Expected
OutcomesOutcomes
3.3. Background and Foreground LiteratureBackground and Foreground Literature
4.4. Proposed MethodologyProposed Methodology
5.5. Progress To DateProgress To Date
6.6. Publications and PresentationsPublications and Presentations
1.1. Introduction Introduction to the to the Research Research ProblemProblem
1.1. Introduction Introduction to the to the Research Research ProblemProblem
1. Introduction to the Research 1. Introduction to the Research ProblemProblem1. Introduction to the Research 1. Introduction to the Research ProblemProblem
• Private ownership of property is basis of Private ownership of property is basis of modern Western Economies modern Western Economies
• What do we expect from ‘ownership’? What do we expect from ‘ownership’? • How do we our secure ‘ownership’?How do we our secure ‘ownership’?
• Private ownership of property is basis of Private ownership of property is basis of modern Western Economies modern Western Economies
• What do we expect from ‘ownership’? What do we expect from ‘ownership’? • How do we our secure ‘ownership’?How do we our secure ‘ownership’?
• The Torrens System of RegistrationThe Torrens System of Registration
– The PrinciplesThe Principles• MirrorMirror• CurtainCurtain• InsuranceInsurance
– Implementing the SystemImplementing the System
• The Torrens System of RegistrationThe Torrens System of Registration
– The PrinciplesThe Principles• MirrorMirror• CurtainCurtain• InsuranceInsurance
– Implementing the SystemImplementing the System
1. Introduction to the Research 1. Introduction to the Research ProblemProblem1. Introduction to the Research 1. Introduction to the Research ProblemProblem
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• Post WWIIPost WWII– Rise of the Regulatory and Rise of the Regulatory and
Sustainability MovementsSustainability Movements– The Emergence of Restrictions and The Emergence of Restrictions and
ResponsibilitiesResponsibilities– Torrens under threat….Torrens under threat….
• Post WWIIPost WWII– Rise of the Regulatory and Rise of the Regulatory and
Sustainability MovementsSustainability Movements– The Emergence of Restrictions and The Emergence of Restrictions and
ResponsibilitiesResponsibilities– Torrens under threat….Torrens under threat….
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1. Introduction to the Research 1. Introduction to the Research ProblemProblem1. Introduction to the Research 1. Introduction to the Research ProblemProblem
Planning Zone
Heritage Protection Area
NoiseRestriction
Mining Lease
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
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
1. Introduction to the Research 1. Introduction to the Research ProblemProblem1. Introduction to the Research 1. Introduction to the Research ProblemProblem
Some of the 180 QLD ACTS including RRs over land
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• ………………• ZZ
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• ………………• ZZ
1. Introduction to the Research 1. Introduction to the Research ProblemProblem1. Introduction to the Research 1. Introduction to the Research ProblemProblem
Some of the 180 QLD ACTS including RRs over land
• Torrens principles are challenged and the Torrens principles are challenged and the Title is no longer a ‘one-stop-shop’ for all Title is no longer a ‘one-stop-shop’ for all interestsinterests
• Alternative management regimes have been Alternative management regimes have been built in a reactive, ad hoc and uncoordinated built in a reactive, ad hoc and uncoordinated manner…manner…– “ “A A serious omissionserious omission in current land administrating in current land administrating
systems is the absence of records of encumbrances systems is the absence of records of encumbrances and restrictions pursuant to public law.…”and restrictions pursuant to public law.…”
– It is important that attention should be devoted to It is important that attention should be devoted to the retention of up-to-date records of this the retention of up-to-date records of this information.”information.”
– Van Der Molen (2004) Van Der Molen (2004)
• Torrens principles are challenged and the Torrens principles are challenged and the Title is no longer a ‘one-stop-shop’ for all Title is no longer a ‘one-stop-shop’ for all interestsinterests
• Alternative management regimes have been Alternative management regimes have been built in a reactive, ad hoc and uncoordinated built in a reactive, ad hoc and uncoordinated manner…manner…– “ “A A serious omissionserious omission in current land administrating in current land administrating
systems is the absence of records of encumbrances systems is the absence of records of encumbrances and restrictions pursuant to public law.…”and restrictions pursuant to public law.…”
– It is important that attention should be devoted to It is important that attention should be devoted to the retention of up-to-date records of this the retention of up-to-date records of this information.”information.”
– Van Der Molen (2004) Van Der Molen (2004)
1. Introduction to the Research 1. Introduction to the Research ProblemProblem1. Introduction to the Research 1. Introduction to the Research ProblemProblem
• Problem Statement:Problem Statement:
““The current administration of The current administration of property restrictions and property restrictions and
responsibilities is reactive, ad-responsibilities is reactive, ad-hoc and lacks coordination. This hoc and lacks coordination. This
makes it difficult, if not makes it difficult, if not impossible, to deliver sustainable impossible, to deliver sustainable
development”development”
• Problem Statement:Problem Statement:
““The current administration of The current administration of property restrictions and property restrictions and
responsibilities is reactive, ad-responsibilities is reactive, ad-hoc and lacks coordination. This hoc and lacks coordination. This
makes it difficult, if not makes it difficult, if not impossible, to deliver sustainable impossible, to deliver sustainable
development”development”
1. Introduction to the Research 1. Introduction to the Research ProblemProblem1. Introduction to the Research 1. Introduction to the Research ProblemProblem
2. Research 2. Research DirectionDirection
2. Research 2. Research DirectionDirection
• To date, To date, no attemptno attempt has been made has been made to develop an analytical to develop an analytical frameworkframework or or ontologyontology for restrictions and for restrictions and responsibilitiesresponsibilities
• Therefore, discussions relating to Therefore, discussions relating to the administration of restrictions the administration of restrictions are impeded and no best practice are impeded and no best practice management models have management models have prevailed. prevailed.
• To date, To date, no attemptno attempt has been made has been made to develop an analytical to develop an analytical frameworkframework or or ontologyontology for restrictions and for restrictions and responsibilitiesresponsibilities
• Therefore, discussions relating to Therefore, discussions relating to the administration of restrictions the administration of restrictions are impeded and no best practice are impeded and no best practice management models have management models have prevailed. prevailed.
2. Research Direction2. Research Direction2. Research Direction2. Research Direction
• Proposed solutions for the Proposed solutions for the administration problems have administration problems have been… been… – ComplexComplex – ExpensiveExpensive – Government focusedGovernment focused
• And have not considered…And have not considered…– End-User requirementsEnd-User requirements – Private sector involvementPrivate sector involvement and and – Emerging Geo-ICTEmerging Geo-ICT and the and the
Importance of the Spatial Importance of the Spatial DimensionDimension
• Proposed solutions for the Proposed solutions for the administration problems have administration problems have been… been… – ComplexComplex – ExpensiveExpensive – Government focusedGovernment focused
• And have not considered…And have not considered…– End-User requirementsEnd-User requirements – Private sector involvementPrivate sector involvement and and – Emerging Geo-ICTEmerging Geo-ICT and the and the
Importance of the Spatial Importance of the Spatial DimensionDimension
2. Research Direction2. Research Direction2. Research Direction2. Research Direction
• A concise definition and classification A concise definition and classification model for restrictions and responsibilities model for restrictions and responsibilities needs to be establishedneeds to be established
• This will assist the development of This will assist the development of appropriate management modelsappropriate management models
• Both the classification and management Both the classification and management models must consider:models must consider:– The end-user requirements The end-user requirements – The potential role of the private sectorThe potential role of the private sector– The importance of The importance of
defining the spatial dimensiondefining the spatial dimension– The use of emerging Geo-ICTsThe use of emerging Geo-ICTs
• A concise definition and classification A concise definition and classification model for restrictions and responsibilities model for restrictions and responsibilities needs to be establishedneeds to be established
• This will assist the development of This will assist the development of appropriate management modelsappropriate management models
• Both the classification and management Both the classification and management models must consider:models must consider:– The end-user requirements The end-user requirements – The potential role of the private sectorThe potential role of the private sector– The importance of The importance of
defining the spatial dimensiondefining the spatial dimension– The use of emerging Geo-ICTsThe use of emerging Geo-ICTs
2. Research Direction2. Research Direction2. Research Direction2. Research Direction
2. Research Direction2. Research Direction2. Research Direction2. Research Direction
NewClassification
Model forRestrictions
and Responsibiliti
es
NewClassification
Model forRestrictions
and Responsibiliti
es
Management Models
For Restrictions
and Responsibiliti
es
Management Models
For Restrictions
and Responsibiliti
es
SustainableDevelopment
SustainableDevelopment
• Research Hypothesis:Research Hypothesis:
““The development of a The development of a classification model and classification model and
accompanying best practice accompanying best practice management models will assist management models will assist
land administration in the land administration in the delivery of sustainable delivery of sustainable
development”development”
• Research Hypothesis:Research Hypothesis:
““The development of a The development of a classification model and classification model and
accompanying best practice accompanying best practice management models will assist management models will assist
land administration in the land administration in the delivery of sustainable delivery of sustainable
development”development”
2. Research Direction2. Research Direction2. Research Direction2. Research Direction
• Aims & Objectives (1):Aims & Objectives (1):
1.1. To To document :document :• the nature of restrictions and the nature of restrictions and
responsibilities and why they are essential responsibilities and why they are essential if we are to achieve sustainabilityif we are to achieve sustainability
• current systems for managing restrictions current systems for managing restrictions and how they have evolvedand how they have evolved
2.2. To To identifyidentify • the information needs of the core end user the information needs of the core end user
groups of restriction and responsibility groups of restriction and responsibility informationinformation
• the role emerging Geo-ICT and the private the role emerging Geo-ICT and the private sector might play in restrictions and sector might play in restrictions and responsibility managementresponsibility management
• Aims & Objectives (1):Aims & Objectives (1):
1.1. To To document :document :• the nature of restrictions and the nature of restrictions and
responsibilities and why they are essential responsibilities and why they are essential if we are to achieve sustainabilityif we are to achieve sustainability
• current systems for managing restrictions current systems for managing restrictions and how they have evolvedand how they have evolved
2.2. To To identifyidentify • the information needs of the core end user the information needs of the core end user
groups of restriction and responsibility groups of restriction and responsibility informationinformation
• the role emerging Geo-ICT and the private the role emerging Geo-ICT and the private sector might play in restrictions and sector might play in restrictions and responsibility managementresponsibility management
2. Research Direction2. Research Direction2. Research Direction2. Research Direction
• Aims & Objectives (2):Aims & Objectives (2):
3. To 3. To design:design:– an ontology including a robust definition an ontology including a robust definition
and classification model for the diverse and classification model for the diverse range of restrictions and responsibilitiesrange of restrictions and responsibilities
– a toolbox of management approaches and a toolbox of management approaches and apply them to the different classifications apply them to the different classifications of restrictions and responsibilitiesof restrictions and responsibilities
4. To 4. To test and refine:test and refine:– both the classification model and both the classification model and
management toolbox by applying them to management toolbox by applying them to case study scenarioscase study scenarios
• Aims & Objectives (2):Aims & Objectives (2):
3. To 3. To design:design:– an ontology including a robust definition an ontology including a robust definition
and classification model for the diverse and classification model for the diverse range of restrictions and responsibilitiesrange of restrictions and responsibilities
– a toolbox of management approaches and a toolbox of management approaches and apply them to the different classifications apply them to the different classifications of restrictions and responsibilitiesof restrictions and responsibilities
4. To 4. To test and refine:test and refine:– both the classification model and both the classification model and
management toolbox by applying them to management toolbox by applying them to case study scenarioscase study scenarios
2. Research Direction2. Research Direction2. Research Direction2. Research Direction
• Expected Research Outcomes:Expected Research Outcomes:
1.1. Complete evaluation of restrictions and Complete evaluation of restrictions and responsibilities within case study responsibilities within case study jurisdictionsjurisdictions
2.2. An ontological framework including a robust An ontological framework including a robust definition and classification model of definition and classification model of restrictions and responsibilities restrictions and responsibilities
3.3. A toolbox of management options relating A toolbox of management options relating to the restriction and responsibility to the restriction and responsibility classificationsclassifications
• Expected Research Outcomes:Expected Research Outcomes:
1.1. Complete evaluation of restrictions and Complete evaluation of restrictions and responsibilities within case study responsibilities within case study jurisdictionsjurisdictions
2.2. An ontological framework including a robust An ontological framework including a robust definition and classification model of definition and classification model of restrictions and responsibilities restrictions and responsibilities
3.3. A toolbox of management options relating A toolbox of management options relating to the restriction and responsibility to the restriction and responsibility classificationsclassifications
2. Research Direction2. Research Direction2. Research Direction2. Research Direction
3. Background 3. Background and and Foreground Foreground LiteratureLiterature
3. Background 3. Background and and Foreground Foreground LiteratureLiterature
Seven core areas of study to date:Seven core areas of study to date:
1.1. Sustainability and the Role of Land Admin.Sustainability and the Role of Land Admin.
2.2. Defining Restrictions and ResponsibilitiesDefining Restrictions and Responsibilities
3.3. The Property Rights DebateThe Property Rights Debate
4.4. Management of Restrictions and Management of Restrictions and Responsibilities within Australian Responsibilities within Australian JurisdictionsJurisdictions
5.5. The Role of Emerging Geo-ICT and the The Role of Emerging Geo-ICT and the Importance of the Spatial DimensionImportance of the Spatial Dimension
6.6. Emerging Users and Providers of Emerging Users and Providers of Restrictions and Responsibility InformationRestrictions and Responsibility Information
7.7. The Value and Application of OntologyThe Value and Application of Ontology
Seven core areas of study to date:Seven core areas of study to date:
1.1. Sustainability and the Role of Land Admin.Sustainability and the Role of Land Admin.
2.2. Defining Restrictions and ResponsibilitiesDefining Restrictions and Responsibilities
3.3. The Property Rights DebateThe Property Rights Debate
4.4. Management of Restrictions and Management of Restrictions and Responsibilities within Australian Responsibilities within Australian JurisdictionsJurisdictions
5.5. The Role of Emerging Geo-ICT and the The Role of Emerging Geo-ICT and the Importance of the Spatial DimensionImportance of the Spatial Dimension
6.6. Emerging Users and Providers of Emerging Users and Providers of Restrictions and Responsibility InformationRestrictions and Responsibility Information
7.7. The Value and Application of OntologyThe Value and Application of Ontology
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
1. Sustainability and the Role of Land 1. Sustainability and the Role of Land Administration (1 of 2)Administration (1 of 2)
1. Sustainability and the Role of Land 1. Sustainability and the Role of Land Administration (1 of 2)Administration (1 of 2)
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
SustainableDevelopment
SustainableDevelopment
LandAdministratio
nFunctions
Land Tenure, Land Valuation, Land
Use, Land Development
LandAdministratio
nFunctions
Land Tenure, Land Valuation, Land
Use, Land Development
Country Context
Country Context
Land Policy
Land Policy
Land Information
Infrastructures
Land Information
Infrastructures
e-Governancee-Citizenship
(Enemark et al, 2004)
Land Administration
underpins Sustainable
Development
1. Sustainability and the Role of Land 1. Sustainability and the Role of Land Administration (2 of 2)Administration (2 of 2)
1. Sustainability and the Role of Land 1. Sustainability and the Role of Land Administration (2 of 2)Administration (2 of 2)
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
Better Land Administration
Better Land Administration
Good Land Information
Good Land Information
Better Land Policy
Better Land Policy
Better Land Use
Better Land Use
(FIG, 1999)
Sustainable Development can only be achieved with good land information
+IntegratedInformation
+IntegratedInformation
2. Defining Restrictions and Responsibilities (1 2. Defining Restrictions and Responsibilities (1 of 5)of 5)
• The Conferral of three powersThe Conferral of three powers– Power of Exclusion or ManagementPower of Exclusion or Management– Power to Use and Profit fromPower to Use and Profit from– Power to TransferPower to Transfer
• Legal Statement involving three entitiesLegal Statement involving three entities
2. Defining Restrictions and Responsibilities (1 2. Defining Restrictions and Responsibilities (1 of 5)of 5)
• The Conferral of three powersThe Conferral of three powers– Power of Exclusion or ManagementPower of Exclusion or Management– Power to Use and Profit fromPower to Use and Profit from– Power to TransferPower to Transfer
• Legal Statement involving three entitiesLegal Statement involving three entities
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
Right Holder
Resourceor Land
Property Right
Right Holder
Resourceor Land
Property Right
Government and Citizens
a.
b.
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
2. Defining Restrictions and Responsibilities (2 2. Defining Restrictions and Responsibilities (2 of 5)of 5)
2. Defining Restrictions and Responsibilities (2 2. Defining Restrictions and Responsibilities (2 of 5)of 5)
Owner Proprietor Claimant Authorised User
Authorised Entrant
Access X X X X X
Withdrawal X X X X
Management X X X X
Exclusion X X
Alienation X
Bundles of rights associated with position
(Ostrom and Schlager, 1996)
2. Defining Restrictions and Responsibilities (3 2. Defining Restrictions and Responsibilities (3 of 5)of 5)
2. Defining Restrictions and Responsibilities (3 2. Defining Restrictions and Responsibilities (3 of 5)of 5)
LAND TENURE THEORY
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
Organising Theory
Classifications
PRIVATEPRIVATE
PUBLICPUBLIC
COMMONCOMMON
OPEN ACCESSOPEN ACCESS
Own
Lease
Sharecrop
Mortgage
Own
Lease
Sharecrop
Mortgage
2. Defining Restrictions and Responsibilities (4 2. Defining Restrictions and Responsibilities (4 of 5)of 5)
2. Defining Restrictions and Responsibilities (4 2. Defining Restrictions and Responsibilities (4 of 5)of 5)
CLASSIFICATION THEORY ??
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
Organising Theory
Classifications
CLASS 1 ?CLASS 1 ?
CLASS 2 ?CLASS 2 ?
CLASS 3 ?CLASS 3 ?
CLASS 4 ?CLASS 4 ?
Sub Class 1.1 ?
Sub Class 1.2 ?
Sub Class 1.3 ?
Sub Class 1.4 ?
Sub Class 1.1 ?
Sub Class 1.2 ?
Sub Class 1.3 ?
Sub Class 1.4 ?
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
2. Defining Restrictions and Responsibilities (5 2. Defining Restrictions and Responsibilities (5 of 5)of 5)
• Hohfeld’s System of Jural RelationsHohfeld’s System of Jural Relations
• The Evolution of Restrictions and The Evolution of Restrictions and ResponsibilitiesResponsibilities
2. Defining Restrictions and Responsibilities (5 2. Defining Restrictions and Responsibilities (5 of 5)of 5)
• Hohfeld’s System of Jural RelationsHohfeld’s System of Jural Relations
• The Evolution of Restrictions and The Evolution of Restrictions and ResponsibilitiesResponsibilities
Elements Correlatives Opposites
Right Duty No Right
Privilege No Right Duty
Power Immunity Disability
Immunity Disability Liability
Agrarian Society: Agricultural, Tax, Infrastructure Restrictions
Industrial Society with Land Markets:Title Restrictions
Regulated Society: Subdivision, Building & Zoning Restrictions
Sustainable Society: Environmental & Social Restrictions
AD 0000s 1000s 1700s 1900s 1950s 2000s
3. The Property Rights Debate (1 of 1)3. The Property Rights Debate (1 of 1)
• Two primary lines of argument….Two primary lines of argument….– Free Market EconomistsFree Market Economists
VSVS
– Good GovernanceGood Governance
• Compensation – A Central IssueCompensation – A Central Issue
3. The Property Rights Debate (1 of 1)3. The Property Rights Debate (1 of 1)
• Two primary lines of argument….Two primary lines of argument….– Free Market EconomistsFree Market Economists
VSVS
– Good GovernanceGood Governance
• Compensation – A Central IssueCompensation – A Central Issue
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
4. Management of Restrictions and 4. Management of Restrictions and Responsibilities within Australian Jurisdictions Responsibilities within Australian Jurisdictions (1 of 1)(1 of 1)
• Two approaches are evident…Two approaches are evident…– The Revolutionary ApproachThe Revolutionary Approach
• Complete Overhaul and Integration of SystemsComplete Overhaul and Integration of Systems• Manage all RRR by six functionsManage all RRR by six functions• Single point of Ministerial ResponsibilitySingle point of Ministerial Responsibility• Unbundling of markets and creation of new rights Unbundling of markets and creation of new rights
marketsmarkets• Cadastral Layer a linking attributeCadastral Layer a linking attribute
– The Evolutionary ApproachThe Evolutionary Approach• Scale up the existing Torrens SystemScale up the existing Torrens System• Examples: VIC, NSW, WA and its SLIPExamples: VIC, NSW, WA and its SLIP
• What about Title Insurance……. ? ?What about Title Insurance……. ? ?
4. Management of Restrictions and 4. Management of Restrictions and Responsibilities within Australian Jurisdictions Responsibilities within Australian Jurisdictions (1 of 1)(1 of 1)
• Two approaches are evident…Two approaches are evident…– The Revolutionary ApproachThe Revolutionary Approach
• Complete Overhaul and Integration of SystemsComplete Overhaul and Integration of Systems• Manage all RRR by six functionsManage all RRR by six functions• Single point of Ministerial ResponsibilitySingle point of Ministerial Responsibility• Unbundling of markets and creation of new rights Unbundling of markets and creation of new rights
marketsmarkets• Cadastral Layer a linking attributeCadastral Layer a linking attribute
– The Evolutionary ApproachThe Evolutionary Approach• Scale up the existing Torrens SystemScale up the existing Torrens System• Examples: VIC, NSW, WA and its SLIPExamples: VIC, NSW, WA and its SLIP
• What about Title Insurance……. ? ?What about Title Insurance……. ? ?
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
5. The Application of Emerging Geo-ICT and 5. The Application of Emerging Geo-ICT and the Importance of the Spatial Component (1 the Importance of the Spatial Component (1 of 4)of 4)
• A number of technologies ready to be A number of technologies ready to be applied to the problem including..applied to the problem including..
– Web ServicesWeb Services• OGC Standards – WMS, WFS, WCS, CWS OGC Standards – WMS, WFS, WCS, CWS
– Location Enabled DiagramsLocation Enabled Diagrams
– Next Generation GISNext Generation GIS
5. The Application of Emerging Geo-ICT and 5. The Application of Emerging Geo-ICT and the Importance of the Spatial Component (1 the Importance of the Spatial Component (1 of 4)of 4)
• A number of technologies ready to be A number of technologies ready to be applied to the problem including..applied to the problem including..
– Web ServicesWeb Services• OGC Standards – WMS, WFS, WCS, CWS OGC Standards – WMS, WFS, WCS, CWS
– Location Enabled DiagramsLocation Enabled Diagrams
– Next Generation GISNext Generation GIS
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
Location EnabledPlatform
Location EnabledPlatform
Oracle, Microsoft and IBM are enabling systems to store and manage all types of spatial information
Locations(points)
(x1,y1)
(x2,y2)
Networks(lines)
(x1,y1)
(x2,y2)
Parcels(polygons)
(x1,y1)
(x2,y2)
(x3,y3)
Imagery(raster)
Structured Networks(topology)
Addresses (geocoded points)
Level 17101 Collins StreetMelbourne3000=(x1,y1(x2,y2)(x3,y3)(x4,y4)
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
Location EnabledPlatform
Location EnabledPlatform
The location-enabled platform integrates enterprise GIS and core business applications
EnterpriseGIS
BusinessIntelligence
Data Warehousing
EmergencyResponse
Land Managementand Cadastre
Utilities and
Transport
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
5. The Application of Emerging Geo-ICT and 5. The Application of Emerging Geo-ICT and the Importance of the Spatial Component (4 the Importance of the Spatial Component (4 of 4)of 4)
• Next Generation GIS (Elfick, 2005)Next Generation GIS (Elfick, 2005)– 64bit Technology64bit Technology– Sub Millimetre PrecisionSub Millimetre Precision– Coordinated CadastreCoordinated Cadastre
5. The Application of Emerging Geo-ICT and 5. The Application of Emerging Geo-ICT and the Importance of the Spatial Component (4 the Importance of the Spatial Component (4 of 4)of 4)
• Next Generation GIS (Elfick, 2005)Next Generation GIS (Elfick, 2005)– 64bit Technology64bit Technology– Sub Millimetre PrecisionSub Millimetre Precision– Coordinated CadastreCoordinated Cadastre
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
Survey Database feature classParcels
Data typeField nameAllow nulls
OBJECTID Object ID SHAPE Geometry YesJoined Short integer No
ParcelName String NoPlanID Long integer No
ParcelType Short integer NoStatedArea Double YesCompiled Short integer No
TrueMidBrg Short integer NoHistorical Short integer No
SytemStartDate Date NoSystemEndDate Date NoLegalStartDate Date YesLegalEndDate Date Yes
SHAPE_Length Double YesSHAPE_Area Double Yes
CentroidX Double YesCentroidY Double Yes
AccuracyID Long integer No
Survey Database feature classLines
Data typeField nameAllow nulls
OBJECTID Object ID SHAPE Geometry YesJoined Short integer No
ParcelID Long integer NoSequence Long integer YesFromPoint Long integer No
ToPoint Long integer NoBearing Double YesDistance Double YesLineType Short integer NoRadius Double Yes
ArcDistance Double YesDelta Double Yes
CenterPoint Long integer YesHistorical Short integer No
SHAPE_Length Double YesRadialBearing Double Yes
TangentBearing Double YesEntryParameters Short integer No
AccuracyID Long integer Yes
Survey Database feature classPoints
Data typeField nameAllow nulls
OBJECTID Object ID SHAPE Geometry YesJoined Short integer No
PointCode String YesPointName String YesHistorical Short integer NoRemarks String Yes
Contourable Short integer NoSystemStartDate Date YesSystemEndDate Date YesLegalStartDate Date YesLegalEndDate Date Yes
ParcelParcel
6. Emerging Information Users and Providers 6. Emerging Information Users and Providers (1 of 1) (1 of 1)
• Organisations undertaking:Organisations undertaking:– Asset Management – Utility CompaniesAsset Management – Utility Companies– Risk Assessment – Insurance Firms, Financial Risk Assessment – Insurance Firms, Financial
InstitutionsInstitutions– Land Prospecting – Property DevelopersLand Prospecting – Property Developers– Emergency Response – Government, Voluntary OrgsEmergency Response – Government, Voluntary Orgs– Agriculture Production – Farmers, GraziersAgriculture Production – Farmers, Graziers
Netherlands Case StudyNetherlands Case Study- Electrical Cables now considered - Electrical Cables now considered
immovable immovable propertyproperty
- Utilities to manage integrated datasets - Utilities to manage integrated datasets
6. Emerging Information Users and Providers 6. Emerging Information Users and Providers (1 of 1) (1 of 1)
• Organisations undertaking:Organisations undertaking:– Asset Management – Utility CompaniesAsset Management – Utility Companies– Risk Assessment – Insurance Firms, Financial Risk Assessment – Insurance Firms, Financial
InstitutionsInstitutions– Land Prospecting – Property DevelopersLand Prospecting – Property Developers– Emergency Response – Government, Voluntary OrgsEmergency Response – Government, Voluntary Orgs– Agriculture Production – Farmers, GraziersAgriculture Production – Farmers, Graziers
Netherlands Case StudyNetherlands Case Study- Electrical Cables now considered - Electrical Cables now considered
immovable immovable propertyproperty
- Utilities to manage integrated datasets - Utilities to manage integrated datasets
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
7. The Value of Ontology7. The Value of Ontology
• What is Ontology?What is Ontology?– 2 Components2 Components
• Why develop an Ontology?Why develop an Ontology?• When to use OntologyWhen to use Ontology
– Domain:Domain:• Small Corpus, Formal Categories, Stable Entities, Small Corpus, Formal Categories, Stable Entities,
Restricted Entities, Clear EdgesRestricted Entities, Clear Edges
– ParticipantsParticipants• Expert Cataloguers, Authoritative judgement, Expert Cataloguers, Authoritative judgement,
Coordinated users, Expert UsersCoordinated users, Expert Users
• How do we develop an Ontology?How do we develop an Ontology?
7. The Value of Ontology7. The Value of Ontology
• What is Ontology?What is Ontology?– 2 Components2 Components
• Why develop an Ontology?Why develop an Ontology?• When to use OntologyWhen to use Ontology
– Domain:Domain:• Small Corpus, Formal Categories, Stable Entities, Small Corpus, Formal Categories, Stable Entities,
Restricted Entities, Clear EdgesRestricted Entities, Clear Edges
– ParticipantsParticipants• Expert Cataloguers, Authoritative judgement, Expert Cataloguers, Authoritative judgement,
Coordinated users, Expert UsersCoordinated users, Expert Users
• How do we develop an Ontology?How do we develop an Ontology?
3. Literature Review3. Literature Review3. Literature Review3. Literature Review
4. Proposed 4. Proposed Research Research ProcedureProcedure
4. Proposed 4. Proposed Research Research ProcedureProcedure
4. Proposed Methodology4. Proposed Methodology4. Proposed Methodology4. Proposed Methodology
ConceptIdentify and define need for the new system.
ConceptIdentify and define need for the new system.
RequirementsAnalyze information needs of the systems end users.
RequirementsAnalyze information needs of the systems end users.
Design & DevelopmentCreate a blueprint for the design with necessary specifications for information and technology
Design & DevelopmentCreate a blueprint for the design with necessary specifications for information and technology
TestingEvaluates the system in relation to the expected or intended functionality
TestingEvaluates the system in relation to the expected or intended functionality
The Systems Development Life
Cycle
ConceptConceptConceptConcept
Problem DefinitionProblem DefinitionLiterature ReviewLiterature Review
Sustainability and Land Administration
Sustainability and Land Administration
The Property Rights DebateThe Property Rights Debate
Emerging Information User and Provider groups
Emerging Information User and Provider groups
Emerging Geo-ICTEmerging Geo-ICT
Property Rights vs. Property Restrictions and Responsibilities
Property Rights vs. Property Restrictions and Responsibilities
Alternative forms of RRR land management
Alternative forms of RRR land management
HypothesisHypothesis
Aim & ObjectivesAim & Objectives
MethodologyMethodology
Confirmation Report
Confirmation Report
SatisfySatisfyObjective 1Objective 1
SatisfySatisfyObjective 1Objective 1
1. The Australian Situation
Case study: Explore the legislative and administrative
regimes of existing restrictions and responsibilities within Australian
jurisdictions.
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.
4. Emerging European Models
Case Study: Explore the legislative and administrative
regimes of existing restrictions and responsibilities within European
jurisdictions.
2. Emerging Users & Providers (AUS)Case Study: Explore the
information needs and capacities of core user sectors including Developers, Utilities, Finance,
Insurance.
2. Emerging Users & Providers (AUS)Case Study: Explore the
information needs and capacities of core user sectors including Developers, Utilities, Finance,
Insurance.
3. Emerging Geo-ICT
Analysis: Document and assess the opportunities offered by next generation GIS, location base DB
platforms, and web mapping services.
3. Emerging Geo-ICT
Analysis: Document and assess the opportunities offered by next generation GIS, location base DB
platforms, and web mapping services.
RequirementsRequirementsRequirementsRequirements
Requirements DocumentRequirements Document
SatisfySatisfyObjective 1 and 2Objective 1 and 2
SatisfySatisfyObjective 1 and 2Objective 1 and 2
Classification Model Develop different categories of restrictions and responsibilities based on a set of criteria:
Classification Model Develop different categories of restrictions and responsibilities based on a set of criteria:
Management ModelsFor each category created use available toolbox approach to build a best practice management model which includes:
Management ModelsFor each category created use available toolbox approach to build a best practice management model which includes:
Design & DevelopmentDesign & DevelopmentDesign & DevelopmentDesign & Development
Business and Management Principles
Business and Management Principles
Operational and Technological Principles
Operational and Technological Principles
Information Management Principles
Information Management Principles
Classification 1Classification 1Classification 2..Classification 2.. ..Classification N..Classification N
Example Criteria:Level of Government Administrative Body Registration MethodPrivate Sector Involvement Spatial Identification Method Public Access Method Tenures Affected Type of Interest Created Allocation MethodArea Affected Use of ICT Access MethodRemoval Method Update Method
Example Criteria:Level of Government Administrative Body Registration MethodPrivate Sector Involvement Spatial Identification Method Public Access Method Tenures Affected Type of Interest Created Allocation MethodArea Affected Use of ICT Access MethodRemoval Method Update Method
SatisfySatisfyObjective 3Objective 3
SatisfySatisfyObjective 3Objective 3
4. Methodology4. Methodology4. Methodology4. MethodologyCategory 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)
Management Level Type of Administration Body Minister, Government Department, Local Council, Statutory Authority
Private Sector Involvement Public Private Partnership, None
Operational Level 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
Public Access Method
Price to access Transaction Fee vs. Cost Recovery vs. Nothing
Access Point Automated Online, Automated Onsite, Onsite, Unavailable
Altering Information Online, Onsite, Unavailable
Impact on Rights System
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 Elements 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
Classification #1Classification #1O
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Option 1Option 1
Option 2Option 2
…Option N…Option N
Option 1Option 1
Option 2Option 2
…Option N…Option N
Option 1Option 1
Option 2Option 2
…Option N…Option N
Option 2Option 2
Option 1Option 1
Option 1Option 1
The RRR Toolbox
Business Management Principles:
Operations Management Principles:
Information Management Principles:
= Management Model 1= Management Model 1= Management Model 1= Management Model 1
Classification #2Classification #2
Option NOption N
Option 2Option 2
Option 1Option 1
= Management Model 2= Management Model 2= Management Model 2= Management Model 2
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.
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.
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.
TestingTestingTestingTesting
3. Refined Classification and Management Models
Based on feedback from both jurisdictions refine both classification and management models
3. Refined Classification and Management Models
Based on feedback from both jurisdictions refine both classification and management models
SatisfySatisfyObjective 4Objective 4
SatisfySatisfyObjective 4Objective 4
4. Methodology4. Methodology4. Methodology4. 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 5. Progress and TimetableTimetable
5. Progress and 5. Progress and TimetableTimetable
• Key ResultsKey Results– Literature ReviewLiterature Review– Project DevelopmentProject Development– Commencement of Case Studies on 3 Australian Commencement of Case Studies on 3 Australian
StatesStates– Complete Assessment of Victorian Statute Book Complete Assessment of Victorian Statute Book
RRsRRs– Initial Criteria EstablishedInitial Criteria Established
• ProblemsProblems– Selection of appropriate case studiesSelection of appropriate case studies
• Jurisdiction and number of RRs to focus onJurisdiction and number of RRs to focus on
– Focus of the Management ModelsFocus of the Management Models• Just spatial or more socio-technical approach?Just spatial or more socio-technical approach?
– Designing an Appropriate Testing MethodologyDesigning an Appropriate Testing Methodology
• Key ResultsKey Results– Literature ReviewLiterature Review– Project DevelopmentProject Development– Commencement of Case Studies on 3 Australian Commencement of Case Studies on 3 Australian
StatesStates– Complete Assessment of Victorian Statute Book Complete Assessment of Victorian Statute Book
RRsRRs– Initial Criteria EstablishedInitial Criteria Established
• ProblemsProblems– Selection of appropriate case studiesSelection of appropriate case studies
• Jurisdiction and number of RRs to focus onJurisdiction and number of RRs to focus on
– Focus of the Management ModelsFocus of the Management Models• Just spatial or more socio-technical approach?Just spatial or more socio-technical approach?
– Designing an Appropriate Testing MethodologyDesigning an Appropriate Testing Methodology
5. Progress and Timetable5. Progress and Timetable5. Progress and Timetable5. Progress and Timetable
Phase Tasks 2004 2005 2006 2007
Concept
Literature Review √ √ √ √
Research Design √ √
Confirmation √
Requirements
Australian Case Studies √ √ √
End-User Case Studies
European Case Studies
Emerging Geo ICT Analysis √ √ √
Design & Development
Design RRR EvaluationCriteria
√
Develop RRR Classification Model
Build RRR Management Models
Testing
Test Models on Australian Jurisdictions
Test Models on End Users
Test Models on European Jurisdiction
Refine Models
Outcomes and Deliverables CPCP CRCR J1J1 J2J2 J3J3
Thesis Chapters 1-41-4 5-65-6 88 7,97,9 1010 1111
6. Publications 6. Publications and and PresentationsPresentations
6. Publications 6. Publications and and PresentationsPresentations
5. Publications and Presentations5. Publications and Presentations5. Publications and Presentations5. Publications and Presentations
• PresentationsPresentations
• PublicationsPublications
• PresentationsPresentations
• PublicationsPublications
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
Author Year Title Details
Bennett, R., Wallace, J., Williamson, I.P.
2005 (Sep) • The Impact of ICT on Australian Land Administration Systems
Conference: Spatial Sciences Institute Conference 2005
5. Publications and Presentations5. Publications and Presentations5. Publications and Presentations5. Publications and Presentations
• ConferencesConferences
• SeminarsSeminars
• ConferencesConferences
• SeminarsSeminars
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
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
• Meetings & ContactsMeetings & Contacts– Susan Brown, SIISusan Brown, SII– Peter Moseley, SIIPeter Moseley, SII– Cathy Chipchase, SII Cathy Chipchase, SII – Bruce Thompson, CEO SIBruce Thompson, CEO SI– Lorna Marshall, Crown Lorna Marshall, Crown
LandsLands– Mining Council of Mining Council of
VictoriaVictoria
• Skill SessionsSkill Sessions– Qualitative Data Analysis 1Qualitative Data Analysis 1– Qualitative Data Analysis 2Qualitative Data Analysis 2– Shaking the Money TreeShaking the Money Tree– Preparing for ConfirmationPreparing for Confirmation– Academic PresentationsAcademic Presentations– Making use of End-NoteMaking use of End-Note– Library Resources and Library Resources and
Electronic JournalsElectronic Journals
• Meetings & ContactsMeetings & Contacts– Susan Brown, SIISusan Brown, SII– Peter Moseley, SIIPeter Moseley, SII– Cathy Chipchase, SII Cathy Chipchase, SII – Bruce Thompson, CEO SIBruce Thompson, CEO SI– Lorna Marshall, Crown Lorna Marshall, Crown
LandsLands– Mining Council of Mining Council of
VictoriaVictoria
• Skill SessionsSkill Sessions– Qualitative Data Analysis 1Qualitative Data Analysis 1– Qualitative Data Analysis 2Qualitative Data Analysis 2– Shaking the Money TreeShaking the Money Tree– Preparing for ConfirmationPreparing for Confirmation– Academic PresentationsAcademic Presentations– Making use of End-NoteMaking use of End-Note– Library Resources and Library Resources and
Electronic JournalsElectronic Journals
End of PresentationEnd of PresentationThanks for your attendanceThanks for your attendance
Questions?Questions?
Acknowledgement:Acknowledgement: I wish to acknowledge the support of the Department of I wish to acknowledge the support of the Department of Sustainability and Environment (DSE) of Victoria, Sustainability and Environment (DSE) of Victoria, Australia, and the members of the Centre for Spatial Australia, and the members of the Centre for Spatial Data Infrastructures and Land Administration at the Data Infrastructures and Land Administration at the Department of Geomatics, The University of Melbourne, Department of Geomatics, The University of Melbourne, in the preparation of this presentation, report and the in the preparation of this presentation, report and the associated research.associated research.
Bibliography: Bibliography: Available from the presenter on requestAvailable from the presenter on request
End of PresentationEnd of PresentationThanks for your attendanceThanks for your attendance
Questions?Questions?
Acknowledgement:Acknowledgement: I wish to acknowledge the support of the Department of I wish to acknowledge the support of the Department of Sustainability and Environment (DSE) of Victoria, Sustainability and Environment (DSE) of Victoria, Australia, and the members of the Centre for Spatial Australia, and the members of the Centre for Spatial Data Infrastructures and Land Administration at the Data Infrastructures and Land Administration at the Department of Geomatics, The University of Melbourne, Department of Geomatics, The University of Melbourne, in the preparation of this presentation, report and the in the preparation of this presentation, report and the associated research.associated research.
Bibliography: Bibliography: Available from the presenter on requestAvailable from the presenter on request