Use of property rights registers for sustainability – A Queensland case study

Bell, Justine and Christensen, Sharon (2009) Use of property rights registers for sustainability – A Queensland case study. Australian Property Law Journal, 17 1: 86-103.

Author Bell, Justine
Christensen, Sharon
Title Use of property rights registers for sustainability – A Queensland case study
Journal name Australian Property Law Journal
ISSN 1038-5959
Publication date 2009-06
Sub-type Article (original research)
Volume 17
Issue 1
Start page 86
End page 103
Total pages 18
Place of publication Chatswood, NSW, Australia
Publisher LexisNexis Butterworths
Language eng
Abstract Sustainable natural resource management has been a concern of governments and legislators for the last 20 years. A key aspect of an effective management framework is easy access to information about rights and obligations in land and the natural resources in, on or below the land. Information about legal interests in land is managed through a Torrens register in each Australian state. These registers are primarily focused on the registration of a narrow group of legal interests in the land, and rights or obligations that fall outside of these recognised interests are not capable of registration.Practices have developed however for the recording of property rights in natural resources either on separate registers, with no link to the Torrens register, or on a separate register managed by the Registrar of Titles but having no legal effect on the title to the land. This article will discuss and analyse the various ways in which registers have been used in Queensland to provide access to information about rights in natural resources, and provide examples as to how this approach has impacted on the desire for sustainable management.It will also provide a critique of the Queensland model, and call for reform of the present system.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: TC Beirne School of Law Publications
 
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Created: Fri, 29 Apr 2011, 15:38:12 EST by Dr Justine Bell on behalf of T.C. Beirne School of Law