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Looking at Australia and Europe

The Land Management Paradigm


for Institutional Development

Prof. Stig Enemark


Aalborg University, Denmark
Vice-President of

EXPERT GROUP MEETING


UNIVERSITY OF MELBOURNE, 9-11 NOVEMBER 2005

The Message Interests in land

• The Land Management paradigm is You do not own land itself, but the right to use the land in
complex and highly interdisciplinary. conformity with community laws, practices and expectations
This paper attempts to build an overall
understanding.
Rights
• Land and property must be viewed as
an asset and a scarce natural
resource. Proper management of land
and properties is vital to achieving
sustainable development.

• There is a need for institutional


development to establish sustainable
national concepts in this area. This
includes the adoption of a holistic Responsibilities Restrictions
approach to land management.

• This calls for increased international


co-operation.

The Land Management Paradigm


The Land Management Paradigm
• The organizational structures for land
management differ widely between
countries. Within this country context,
the land management activities can be
described by three components in
support of sustainable development.
• Land policies are part of the national
E-Government E-Citizenship policies on promoting objectives such as
economic development, social justice,
equity and political stability. Relates to
security of tenure, efficient land markets,
real property taxation, land use control,
environmental management etc.
• The operational component of the land
management paradigm is the range of
land administration functions that ensure
proper management of rights,
restrictions and responsibilities.
• The land administration functions are
based on and facilitated by land information Land Management is the processes by which
the resources of land are put into good effect.
infrastructures that provide complete and
Land Management is the processes by which up-to-date information about the built and
natural environment.
the resources of land are put into good effect.

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Property Systems: Tenure, Value and Use Cadastral Systems – the basic building block
Legal profession
Ministry for Justice
(Land Tenure)

(Land Values) (Land Use)

Ministry for Finance Ministry for Planning,


Development and
Banks and Financial Environment
Institutions
Ministry for
Agriculture and
Forestry
Source: Land Administration (Peter Dale and John McLaughlin)
Cadastral Systems is about identification of land parcels for the purpose of
securing land rights, assessing land values/taxation, and controlling the use of land.

Cadastral Systems Land Registration Systems around the World

• The identification of land parcels in the


cadastral system provides the basic
infrastructure for running the interrelated
systems within the areas of Land Tenure,
Land Value, and Land-Use.
• Even though cadastral systems around the
world are clearly different in terms of structure,
processes, and actors, they are increasingly
merging into a unified global model.
• This is due to some global drivers:
globalisation and technological development.
These trends supports establishment of
multi-functional information systems with
regard to land rights and land-use regulations.
• A third global driver is sustainable
development with its demand for
comprehensive information on the
environmental conditions in combination
with other land and property related data. Deeds System (French): A register of owners; the transaction is recorded – not the title.
Title System (German, English, Torrens): A register of properties; the title is recorded and guarantied.

Land Administration Systems Land Administration Systems …

Land Tenure: the allocation and security of rights in lands; the legal surveys to determine the parcel
boundaries; the transfer of property or use from one party to another through sale or lease; and the
management and adjudication of doubts and disputes regarding rights and parcel boundaries.
Land Value: the assessment of the value of land and properties; the gathering of revenues through
taxation; and the management and adjudication of land valuation and taxation disputes.
Land-Use: the control of land-use through adoption of planning policies and land-use regulations at
national, regional/federal, and local levels; the enforcement of land-use regulations;
and the management and adjudication of land-use conflicts.
Land Development: the building of new infrastructure; the implementation of construction planning;
Land Administration Systems are concerned with the four land administration and the change of land-use through planning permission and granting of permits.
functions of land tenure, land value, land-use and land development.

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An Overall Conceptual Approach
Integrated Land-Use Management – a holistic approach

ƒ Overall Land Policy


- Determine values, objectives and the legal framework in relation to
management of land as a legal, economic, and physical object.
- Basis for building sound land administration infrastructures.
ƒ Cadastral Systems
- Identification of land parcels and securing land rights
- Facilitation of land registration, land valuation, and land-use control
- Underpin sound Land Administration
ƒ Land Administration Systems
- Administration of land tenure, land value, land-use, and land
development
- Facilitation of efficient land markets and effective land-use
management
- Underpinning sound Land Management
ƒ Land Management
- Management of processes by which land resources are put
into good effect.
- Facilitation of economic, social, environmental sustainability
- Underpinning and implementation of sound Land Policies

Capacity Building
Institutional Development - recommendations
Capacity Assessment Capacity Development Sustainability
• Develop in-country self assessment procedures to ƒ Are the institutions ƒ Adoption of an overall ƒ Lessons learnt need to
identify institutional capacity needs adequate and are the land policy be fed back into the
responsibilities clearly ƒ Design of a legal process for continuous
• Promote adoption of comprehensive land policies expressed? framework addressing improvement.
and a holistic approach to land management ƒ Are the guiding principles the rights, restrictions ƒ Instigation of a self-
for good management and responsibilities in monitoring culture in
• Establish a clear split of duties and responsibilities well expressed? land. which all parties, national
between national and local government based on ƒ Are the human ƒ Implementation of an and local government,
resources and skills organisational framework NGOs, professionals and
the principles og good governance adequate and are the with clearly expressed citizens, review and
• Promote the understanding of land management as a relevant education and duties and discuss progress and
training opportunities responsibilities suggest any appropriate
highly interdisciplinary paradigm
available? ƒ Adoption of clearly changes.
• Promote the need for an interdisciplinary approach ƒ Are the policies on land expressed guiding ƒ Implementation of
management clearly principles for good adequate requirements
to surveying education
expressed? governance. and options for activities
• Establish strong professional bodies ƒ Is the legal framework ƒ Establishment of of Continuing
sufficient and adequate? adequate and sufficient Professional
• Promote the need for CPD activities
educational options at all Development (CPD).
levels.

Global Trends Final Remarks

• The objective of this presentation is to build an


overall understanding of the land management
paradigm. Land and property must be viewed
as a an asset and as scarce natural resource.
Proper management of land and properties is
vital to achieving sustainable development.

• There is a need for institutional development


to establish sustainable national concepts in
this area. This includes the adoption of a
holistic approach to land management that
combines the land administration functions
with the land policies and land information
infrastructures.

• The debate should be aware of the global

WWW.FIG.NET trends in this area, while still recognising that


the design of such systems will always be
country unique. This calls for increased
international co-operation.