Use of Property Rights Registers for Sustainability – A Queensland Case Study

Australian Property Law Journal, 17 1: 86-103

Posted: 26 Jun 2015

See all articles by Justine Bell

Justine Bell

The University of Queensland - T.C. Beirne School of Law

Sharon Christensen

Queensland University of Technology - Faculty of Law

Date Written: 2009

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.

JEL Classification: K00

Suggested Citation

Bell, Justine and Christensen, Sharon, Use of Property Rights Registers for Sustainability – A Queensland Case Study (2009). Australian Property Law Journal, 17 1: 86-103, Available at SSRN: https://ssrn.com/abstract=2622815

Justine Bell (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Sharon Christensen

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

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