The policy relevance of the State's proprietary power: Lease tenures in Queensland

Holmes J. (1996) The policy relevance of the State's proprietary power: Lease tenures in Queensland. Australasian Journal of Environmental Management, 3 4: 240-256. doi:10.1080/14486563.1996.10648361

Author Holmes J.
Title The policy relevance of the State's proprietary power: Lease tenures in Queensland
Journal name Australasian Journal of Environmental Management   Check publisher's open access policy
ISSN 1448-6563
Publication date 1996-01-01
Sub-type Article (original research)
DOI 10.1080/14486563.1996.10648361
Open Access Status Not yet assessed
Volume 3
Issue 4
Start page 240
End page 256
Total pages 17
Language eng
Subject 2308 Management, Monitoring, Policy and Law
3305 Geography, Planning and Development
Abstract Environmental policies are increasingly entangled with issues relating to property rights. In lands subject to European settlement, landed property rights emerged from the colonising power's claims to beneficial ownership of the land, thereby acquiring proprietary power as well as sovereign power. The proprietary power has been progressively discarded through award of private land titles and through attrition arising from disuse of any residual powers. However, significant proprietary powers are retained in leasehold titles, which continue to prevail in Australia's rangelands. Given their residual capability in reshaping property rights and duties, these powers deserve systematic appraisal as potential instruments for policy implementation, including environmental management. The attributes of freehold and leasehold titles in Queensland are scrutinised in detail. Critical attributes commonly retained in lease titles include: limitations on approved land uses; controls on vegetation clearing; obligations to ensure sustainable land use; two-party negotiations on property planning; and direct accountability to a public “landlord”. Five contexts are identified, where lease tenures have a continuing role as instruments for the delivery of public policies, namely on lands where: the primary use is in the public sphere but with secondary private use; access is required to adjacent resources in the public domain; resource use is extensive and income potential is low; access is required by multiple users; or existing public title is being conditionally transferred to private title.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status Unknown

Document type: Journal Article
Sub-type: Article (original research)
Collection: Scopus Import - Archived
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Citation counts: Scopus Citation Count Cited 4 times in Scopus Article | Citations
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Created: Tue, 26 Jul 2016, 12:46:54 EST by System User