(1976). Commission of Inquiry into Land Tenures. Canberra, Commonwealth of Australia.
(1994). State of the Environment Reporting: framework for Australia, Department of the Environment, Sport and Territories.
(1995). Coastal Protection and Management Act.
(1999). Property Rights and Collective Action, International Food Policy Research Institute.
(1999). Alternative Approaches for the Delivery of Natural Resource Management - NHT Discussion Paper, Environment Australia.
(2000). Water Bill Explanatory Notes.
(2000). Water Management Act.
(2001). Water Article. The Australian Financial Review: 50.
(2001). Conservation Covenanting Program Application for Ministerial Approval in accordance with Division 31, paragraph 31-5 (5)(c) of the Taxation Laws Amendment Act (No.2) 2001.
(2001). Summary Notes: CEOs and R&D Coordination Committee Meeting - Qld Biodiscovery Working Group. Brisbane, Department of Innovation and Information Economy.
(2001). EndNote 5... Bibliographies Made Easy, ISI Researchsoft Thomson Scientific.
(2002). Universal Declaration of Human Rights, Office of the High Commissioner for Human Rights.
(2002). EP Amendment Bill: Proposed Land Clearing Legislation.
(2002). Primary Industry Activities Protection Act 1995.
(2002). Conference Handbook. Agribusiness 2002, Brisbane.
(2002). The Business Case for Sustainable Development, World Business Council for Sustainable Development.
(2002). Bone v Mothershaw QCA 120, Supreme Court of Queensland.
(2002). Australians and Natural Resource Management: Social and economic dimensions of natural resource management based on natural resource accounting and a social profile of rural Australia. Canberra, ACT, Land and Water Australia.
(2002). Property Management Planning: 1-15.
(2004). Bosworth v Booth  FCA 1623, Federal Court of Australia, Brisbane. www.austlii.edu.au.
AARES (Australian Agricultural and Resource Economics Society, I. (2001). Public Funding of Environmental Issues. Melbourne.
ABARE (1996). Sustainable Management of Natural Resources: Who benefits and who should pay. Canberra.
ABARE (2001). Alternative Policy Approaches to Natural Resource Management, Background Paper to the NRM Taskforce. Canberra, Agriculture, Fisheries and Forestry.
ABARE (2001). "Alternative policy approaches to natural resource management."
Abbott, C. Writings on Portland.
ACF, A. C. F. (2002). Rights & Responsibilities in Land & Water Management.
Acton, L. c. (2002). Property rights top agenda. Queensland Country Life.
Adams, M. and J. Howell (2001). "Redistributive Land Reform in Southern Africa." Overseas Development Institute(64).
Adhikari, B. (2001). Property Rights and Natural Resources: Impact of Common Property Institutions on Community-based Resource Management (Research Proposal). Third Annual Global Development Network Conference, Rio de Janeiro, Brazil.
Agius, J. (2001). "Biodiversity Credits: Creating Missing Markets for Biodiversity." Environmental and Planning Law Journal 18(5): 481-04.
The single most important cause of biodiversity loss in Australia is the clearing of native vegetation. With 70 percent of Australia's landmass under private control strategies to protect biodiversity we must now focus on protecting what remains on private lands. Traditional approaches to biodiversity conservation on private land are not succeeding in reversing the decline of biodiversity as they fail to address the underlying forces that lead to native vegetation clearance. A new approach is needed that motivates and rewards land managers and local communities for conserving biodiversity. A system of tradeable property rights in biodiversity values offers an incentive scheme for protecting existing biodiversity and promoting vegetation recovery. The framework for such a scheme is explained in this article and the major policy and administrative hurdles that need to be overcome are explored. A biodiversity credits scheme offers significant scope for diverting land away from development and production and towards conservation by providing income to land managers for preserving biodiversity.
Agriculture, F. a. F. A. Decision-making in landcare: a discussion paper.
The study paper looked into the reasons behind the almost total absence of any coherent system of communication channels dedicated to supporting the networking and cooperation integral to the work of community landcare.
Aitken, L. (2001). Social and Community Dimensions of Natural Resource Management.
This document is written for all concerned with natural resource management in Queensland. The original position paper on which it is based was prepared in recognition of the need to identify key issues in relation to the social dimensions of natural resource management, and to specifically assist with the development of related research priorities for the consortium for Integrated resource Management (CIRM) partners.
A steering committee with executive representation from each of the CIRM partners provided direction for the development of the paper. The work provides an overview of existing relevant research and activity, establishes a framework for addressing the social and community issues, and identifies areas where further investigation can make an important contribution to the sustainable management of natural resources.
Aitken, L. (2001). Social and Community Dimensions of Natural Resource Management - a review of issues and related research (Report on a position paper prepared for partners in the consortium for integrated resource management), Department of Natural Resource and Mines.
Alabaster, T. and M. Hawthorne (1999). "Information for Environmental Citizenship." Sustainable Development 7: 25-34.
Alexander, A. The Emergence of Plant Intellectual Property in Australia. Melbourne, Australian Research Council: 1-15.
Alexander, H. (1995). A Framework for Change; The State of the Community Landcare Movement in Australia. The National Landcare Facilitator Project Annual Report.
Alexandra, J. (1996). A Conservation Perspective. Sustainable Management of Natural Resources: Who Benefits and Who Should Pay? Occasional Paper Series 01/96. R. e. Price. Canberra, Land and Water Resources Research and Development Corporation.
Alick, T. and R. Alick (2000). November 2000. Atlas of Queensland and Northern Territory Pastoral Stations etc.
Altman (2005). Land Rights and Development Reform in Remote Australia, Oxfam Australia.
Anon A Sovereign People: A Public Trust. Essays on Law and Government Volume 1: Principles and Values. P. D. Finn, The Law Book Company Ltd.
Anon Common Law Water Rights.
Anon Water property rights, Department of Agriculture Fisheries and Forestry Australia
Australian Bureau of Agriculture and Resources Economics.
Anon Debt: exerpt taken from PwC report for BCAC, Productivity Commission.
Anon Australia's Ocean Policy. Issue Paper 4. 2. Managing the Commons. 4. Working Definitions. 5 Management Options. 6. Community Stewardship with Integrated Management, National Oceans Office.
Anon Choice of the policy instrument for Fisheries Management. Taken from Fisheries NCP discussion paper.
Anon Water Management Act explanations, Department of Land and Water Conservation.
Anon Draft Resource Operations Plan for Fitzroy Basin, Department of Natural Resources.
Anon Environmental Services Scheme NSW, Department of Land and Water Conservation.
Anon Choice of the Policy Instruments for Fisheries Management.
Anon Conversion of Leasehold to Freehold Tenure - Points to Consider.
Anon How can anglo-Australian Land Tenures co-exist with Native Title?
Anon "Signs of maturity in Australian water markets." New Zealand property journal.
Anon Ownership of Native Biological Resources in the wild in Queensland and in waters adjacent to Queensland.
Anon Choice of the Policy Instrument for Fisheries Management.
Anon "Is an offset a market instrument or a regulatory one?"
Anon "Efficient use of Water." Response to an article in the June 2002, Australian Commodities.
Anon "Status of Water Entitlements by State."
Anon Schematic Analysis of Native Title Valuation Process.
Anon Are Landholders self-interested: A personal view of the benefits of covenanting.
Anon (1990). Property Rights and Environmental Protection, Environment Institute of Australia Inc.
Anon (1992). The NSW State Rivers and Estuary Policy, NSW Goverment.
Anon (1992). "Third Party Effects of Groundwater Law in the United States: Private versus Common Property." American Journal of Economics and Sociology 51(1): 1.
Anon (1998). Dryland Salinity and its impacts on rural industries and the landscape.
Anon (1999). Native Vegetation National Overview: stocktake of native vegetation management, ANZECC Native Vegetation Consultancy.
Anon (1999). Rural Production and Native Vegetation Conservation. Department of Land and Water Conservation Newsletter.
Anon (2000). NSW Water Conservation Strategy. Sydney, Department of Land and Water Conservation.
Anon (2000). Water Bill 2000.
Anon (2000). Compensate Queensland Landholders for Not Clearing, Says The Australia Institute, The Australian Institute. 2003: 1-2.
Anon (2001). Review of Natural Resource Management Programs and Pilots in Australia that Use Market-based Instruments - Final Report Appendix 1, NAPSWQ Working Group.
Anon (2001). Inquiry into Development of high technology industries in Regional Australia based on bioprospecting. Submission to the house of representatives standing committee on primary industries and regional services., Australian Property Institute.
Anon (2001). Oregon Legislative Assembly. Relating to compensation for loss of property value resulting from land use regulation, Committee on Land Use and Regulatory Framework.
Anon (2002). Property rights and farming in Australia - defining a duty of care for farm land, NSW Farmers.
Anon (2002). "there's something different about this place", Mission Australia.
Anon (2002). Natural Resource Management Ministerial Council Agenda Paper. Action Plans for indigenous Engagement. Hobart.
Anon (2002). Coastal Lakes - an Independant Inquiry into Coastal Lakes. Sydney, Healthy Rivers Commission NSW.
Anon (2002). Green Offsets for Sustainable Development. Sydney, NSW EPA.
Anon (2002). CEO's Committee for Land & Resources. Item 4. Property Management Planning.
Anon (2002). CEO's Committee for Land & Resources. Item 6. Biodiversity Protection.
Anon (2002). NCC Water Access Entitlement Statement, Nature Conservation Council NSW.
Anon (2002). Draft Queensland Biodiscovery Policy Discussion Paper. Brisbane, Department of Innovation Economy, Sport and Recreation.
Anon (2002). "War of the salt maps: Data the new weapon in QLD irrigators' plot to keep free water." The Water Report 23(4): 1-12.
Anon (2002). Property Management Planning: A Future Model, Committee on Land and Resources.
Anon (2002). Property Rights in Natural Resources, Queensland State Government.
Anon (2002). Water Property Rights - Security and Certainty for Rural Industry and their Communities.
Anon (2002). Thirst For Control.
Anon (2002). Water Property Rights Module.
Anon (2002). Qld Country Hour.
Anon (2002). "Water Property Debate Heats Up." Land and Water News.
Anon (2002). Pioneer valley draft water resource plan, DNR&M.
Anon (2002). Water Reform and the Rural Sector, Department of Agriculture Fisheries & Forestry Australia. 2003.
Anon (2003). Common Ground and Private Practice - Thinking About Property. Latest News. L. W. Australia, Land & Water Australia: 2.
Anon (2003). Use of Property Rights in Fisheries Management ("FishRights99") Conference, Fisheries Research & Development Corporation. 2003.
ANZECC, A. a. N. Z. E. C. C. (1999). National Principles and Guidelines for Rangeland Management.
Aretino, B., P. Holland, et al. (2001). Cost Sharing for Biodiversity Conservation: A Conceptual Framework. Canberra, ACT, Productivity Commission, Staff Research Paper.
Aretino, B., P. Holland, et al. (2001). Creating Markets for Biodiversity: A Case Study of Earth Sanctuaries Ltd. Canberra, ACT.
Aretino, B., B. Howard, et al.
Armstrong, P. (2002). Internal departmental Interview discussing: regional workshops, communication, trust issues. D. Sanderson. Brisbane.
This was an internal interview regarding her experiences whilst conducting workshops across central Queensland. Charters towers, Barcaldine, Emerald and Rockhampton were the localities visited. The interview talked about numbers of landholders who participated at meetings and why they were present. Their concerns over Native Title, security of tenure and other general lifestyle issues were raised. Issues pertaining to demographics and age variations were brought up, as well as Indigenous Land Use Agreements and what impacts the current Vegetation Management Act is having on properties' profitability.
Arnott, A., R. Fell, et al., Eds. (2001). Stories of learning and change-more than can be said - The practical implications of a study of northern Australia pastoralists learning processes (Report). Darwin, Tropical Savannas Cooperative Research Centre.
This report describes a research project undertaken by the Tropical Savannas CRC in 1998-99. The aim of this project was to identify, describe and share knowledge and understanding of some of the learning processes of pastoralist stakeholders in the tropical savannas.
This report was based on a qualitative study of a number of pastoralists living across northern Australia. As a collaborative study it brought together researchers and pastoralists from the Northern Territory, Western Australia and Queensland. As such, the research structure formed around a series of stages fundamental to the research. Each stage encouraged and facilitated a high level of communication and cross checking of purpose and approach.
Associates, M. J. (2000). Natural Resources & Environment. NCP Review of Water Legislation - Issues Paper.
ATSIC (1998). Media Reports of Land Use Agreements in 1997 and 1998, www.atsic.gov.au. 2002.
ATSIC (2002). Onshore: Water rights discussion booklet, ATSIC.
Austin, P. (2002). GM crops: Lessons for Oz. Qld Country Life: 11.
Austin, S. (2002). Cubbie Station. Drive. Brisbane, 612 ABC.
Australia, L. a. W. 'It Can't Work without People' Effective relationships in Natural Resource Management., Research paper for Social & Institutional Research Program.
This study has been completed against a background of growing involvement of groups - local, regional, quasi-government and government - in natural resource management (NRM) and decision-making. The focus of the research is relationships, in particular: the characteristics of effective relationships; how relationships can be improved; and how they can be analysed to identify their effectiveness in achieving NRM outcomes.
The objective is to identify suitable methodologies to analyse effective relationships between different levels of government, industry and community.
Australian, P. I. I. (2001). Inquiryy into development of high technology industries in regional Australia based on bioprospecting, Australian Property Institute Inc.
Ballantyne, B. and S. Hanham (1996). "Use of the New Zealand foreshore: oral evidence of Maori rights in Otago." Asia Pacific Viewpoint 37(3): 255-68.
In New Zealand, the presumption that the Crown is the owner of the foreshore can be displaced by proof to the contrary. Rights to possess, use, and access the foreshore are thus not clear in relation to Maori coastal land, because the doctrine of aboriginal title recognises the continuity of tribal property rights, in the absence of extinguishment or abandonment. The continued existence of Maori use of the foreshore is a powerful sign that aboriginal title has not been extinguished. These principles were applied to the foreshore area of Otakou Maori Reserve on the Otago Peninsula, for which there is no evidence that the Crown ever acquired title. Oral evidence was obtained from Maori to establish that they continue to access and collect sea resources from the foreshore of the Reserve, and suggests that some aspect of aboriginal title continues to be valid. This methodology has implications for other tribal coastal reserves in New Zealand, and for tribal groups in countries where aboriginal title applies. The study also serves as a nexus between the acquisition of indigenous knowledge, the analysis of land use policy, and the empowerment of people.
Bampton, A. (2002). "Winners and losers: how diminishing resources in a finite world are affecting property rights and driving changes to the law." APJ May: 102-04.
The author discusses legislative responses to diminishing resources, where broader community interests are achieved at the expense of individual interests, and the effect this has on land use and value. The article is based on a presentation delivered recently to API members in South Australia.
Barlow, M. (2001). Blue Gold, IFG Committee on the Glodabization of Water.
Baron, J. B. (2001). "The Expressive Transparency of Property." Columbia Law Review 102: 208-35.
This Essay examines expressive theories of law. In two new books, property theorist Joseph Singer condemns the dominant, absolutist conception of property for failing to express the full range of our values; he suggest its replacement with a model, epitomized by the generous commitment of Malden Mills owner Aaron Feuerstein to rebuild his plant after a catastrophic fire, that expresses not just the powers but the obligations that flow from ownership. After questioning how we interpret what law "says" or "expresses", the Essay asks how we should understand expressivist projects such as Singer's. Should we characterize expressivists as idealists, throwing one concept ("ownership obligates") against another ("ownership is freedom") in the native hope that long entrenched beliefs and understandings will be displaced by the simple demonstration that other beliefs and understandings are plausible? Or should we see them instead as "meaning entrepreneurs," who cleverly trade on intuitively appealing images such as that of Aaron Feuerstein to disrupt conventional associations between, for example, property and selfishness"?
Barr, N. and J. Cary (2000). Influencing Improved Natural Resource Management on Farms - a guide to understanding factors influencing the adoption of sustainable resource practices. Canberra, Bureau of Rural Science.
Bateman, B. a. L., Ed (2001). "The Spurt of water trading schemes." Environment and Planning Issues.
Bates, G. and A. N. University (2001). A Duty of Care for the Protection of Biodiversity on Land. Canberra, ACT, Productivity Commission.
Beattie, P. (2002). Salinity: Qld's life or death decision. Qld Country Life: 8.
Beck (2004). "New Tools for Marine Conservation: the Leasing and Ownership of Submerged Lands." Conservation Biology 18(5): 1214-1223.
Becker, L. C. (1977). Property Rights - Philosophic Foundations. London, Routledge and Kegan Paul Ltd.
Bellamy, J. and A. Dale, Eds. (2000). Evaluation Of The Central Highlands Regional Resource Use Planning Project: A Synthesis Of Findings. Brisbane, CSIRO Sustainable Ecosystems.
The project involves looking at regional approaches to resource use planning. Australian success in sustainable land use outcomes has been limited hence there have been few attempts to build a healthier system of planning at the regional scale. Three cornerstones were outlined: supporting, individuals, communities and sectors in regions to develop their own planning and management capacity; building stronger institutional arrangements that facilitate negotiation between these interests; and facilitating better understanding of the social, economic and biophysical processes within regions. The project was developed following extended negotiations with key stakeholders in the Queensland Central Highlands region.
Beresford, Q. (2001). "An intractable policy problem? Dealing with the salinity crisis." Environmental Policy and Law 31(3): 173-78.
Beresford, Q., H. Belke, et al. (2001). The Salinity Crisis - Landscapes, Communities and Politics. Crawley, Western Australia, University of Western Australia Press.
The crisis involving salinity, explaining these complex and often contradictory reactions to salinity is the underlying purpose of this book. It is an attempt to bring a series of social science perspectives to a topic of increasing public importance but which has usually been the province of the physical science. Major concerns in this book are the social, political and environmental dimensions. This book is the first attempt in Western Australia to bring a multidisciplinary perspective to the problems that salinity poses. To draw out the larger issues embedded in these problems.
Bidwell, P. (2001). Agforce policy: compensation for vegetation management on freehold land, Agforce.
Bidwell, P. (2002). Essential Elements: landscape planning and property outcomes, QFF.
Bjorkhaug, H. (1999). The Property structure in Norwegian Forestry, Centre for Rural Research - Norwegian University of Science and Technology.
Blainery, G. (2001). This Land is All Horizons. Boyer Lectures. Sydney, ABC Books.
Blair, R. (2002). Seeing the wood through New Zealand's trees. NZ proposal to compulsorily acquire all privately-owned carbon credits without compensation. The Australian Financial Review: 49.
Bolt, C. (2002). Property rights is the big issue. The Australian Financial Review: 13-14.
Bolt, C. (2002). Farm leaders at war. The Australian Financial Review: 20.
Bolt, C. (2002). Cotton man may head NFF. The Australian Financial Review. Brisbane: 20.
Bone and Mothershaw (2002). Court Case - Supreme Court of Queensland.
Bonyhady, T., Ed. (1992). Environmental Protection and Legal Change, The Federation Press.
Boughton, W. (1999). Water Resource Development - Queensland. A Century of Water Resources Development in Australia, 1900-1999. I. N.-. 149, Pirie Printers Pty Ltd: 1-23.
Bowen, B. (2001). Explain the Essential Features of Customary Title: How it differs from Western Title? In what ways are the various instances of customary title similar?, The Australian Property Institute and University of Technology Sydney.
Western property rights are a concept that has largely occurred in the last two centuries. According to Small (2001, p. 4), "most non-Western cultures either have adopted the Western institution, or cling to property institutions that are clustered into what he refers to as customary title system'. This notion suggests that there are fundamental differences between the terms western title and customary title. The following paper will explain the essential features of customary title, in its various forms, and the differences that occur between it and the system of western title.
Bowen, B. (2001). How is the concept of just terms to be applied to compensation for native title, and why?, The Australian Property Institute and University of Technology in Sydney.
This paper addresses the characteristics of native title, and the relationship between the Native Title Act 1992 and the Constitution. It explores compensation issues on a just terms basis, as well as addresses difficulties in correlating losses associated with the compulsory acquisition of native title interests.
Bowen, B. (2002). What is Property? (Includes two other papers in conjunction to this topic by Brett Bowan). G. Edwards. Brisbane.
Bowen, J. (2005). WA Liberals calling for landholder compensation. National Daily News : Agribusiness and General, The Land: 2.
Bowie, R. (1987). "...Nor and drop to drink". Department of Planning and Landscape Architecture, Queensland Institute of Technology: 216.
Bray, P. M. Public Trust Doctrine (PTD), Government Law Centre of Albany Law School.
The PTD is an historical and currently evolving concept relating to the ownership, protection and use of essential natural and cultural resources. It is receiving increasing awareness in the US because of the growing awareness of the duty of care owed to the environment.
Brazenor, C. O., Cliff & Williamson, Ian (1999). The Spatial Dimension of Aboriginal Land Tenure. 6th South East Asian Surveyors Congress, Fremantle.
Brisbane, C. C. o. (2002). The Scarcity of Water: The Future of Rivers, The future of Water. Riversymposium 2002, Brisbane, Brisbane City Council.
Brockway, G. (1995). Life, Liberty, and Property. New York, WW Norton.
Brooks, B. (2002). Why durability has been ignored. G. Edwards.
Brown, S. (2002). Farmers' water-rights push blasted. Courier-Mail. Brisbane: 5.
Brown, V. A. (2001). "Planners and the Planets." Australian Planner 38(2): 67-73.
Brunckhorst, D. J. (1999). "Triumph of the Commons: Age-Old Participatory Practices Provide Lessons for Institutional Reform in the Rural Sector." Australian Journal of Environmental Management 6: 69-77.
Buckley, R. (1994). "Resource Security and Environmental Property Rights: Steal, Beg, Borrow, Buy or Hire?" Environmental and Planning Law Journal(June): 175-79.
Butteriss, C., J. A. J. Wolfenden, et al. (2001). "Discourse Analysis: a Technique to Assist Conflict Management in Environmental Policy Development." Australian Journal of Environmental Management 8: 48-59.
Canadians, T. C. o. (2000). A Water Policy for Canada, The Council of Canadians. 2002.
Capelin, M. (2001). Briefing Note - Duty of Care and Property Rights. Brisbane, Department of Natural Resources.
Carmody, M. (2002). NR&M Offsets Funding and Implementation Workshop. Brisbane, Department of Natural Resources.
Cary, J. (2001). "Environmental Policy Implementation Challenged by some Land Management Realities." Connections - Farm, Food and Resource issues(Summer).
T.S. Eliot observed that humankind couldn't bear too much reality. Ignorance of the realities that motivate changes in land management practices in Australia will endanger the development of appropriate policy approaches. A recent large-scale study of human and social aspects of capacity to change to sustainable management practices, undertaken for the National Land and Water Resources Audit (NLWRA), identified some important realities that confront aspirations for significant and speedy landscape change.
Let us consider some of these realities as well as the place of community consensus and participation within the wider instruments of policy for managing land degradation. Concern about land degradation problems amongst Australian landholders is now well established. While many landholders may not recognise subtle or insidious manifestations of land degradation, most landholders recognize significant degradation problems. In most areas of Australia some form of "landcare" related work is undertaken on more than a third of farms.
CEOGW (2002). Discussions with stakeholders from National Farmers Federation (NFF) and Australian Conservation Foundation (ACF), Draft Notes.
Chamala, S. and P. Mortiss (1990). Working Together For Land Care-Group Management Skills and Strategies. Brisbane, Australian Academic Press.
This book offers community groups and landholders valuable assistance in organising their resources for better land and water management. It has been developed using a market research approach. It makes a substantial and distinctive contribution to the study and use of groups in extension and rural development. With the assistance of government departments in other states the authors have gathered data on the organisational problems confronting existing landcare groups and their future needs for information.
Chan, N. (2001). "The Property Market in China." Australian Property Journal(August): 629-35.
Since the new land tenure system, known as the Land Use Rights (LUR), was introduced in 1978, there has been significant development in the Chinese property market. This paper reviews the past 10 years, specifically looking at the three-tier property market, and also looks at how the market might grow in the near future.
Christie, D. T. (2002). Judicial Decision-Making in Australia and the Precautionary Principle.
Claridge, C. L. (1997). Successful Community-Based Environmental Management Through Individual and Group Empowerment Strategies. Brisbane, Centre for Integrated Resource Management: University of Queensland and Department of Natural Resources.
This document outlines a method of individual and group empowerment which has been trialled with environmental and landcare groups in south-east Queensland and which has met with wide acceptance, enthusiasm and success. The method is referred to as the Participatory Empowerment Package (PEP) and comprises a background framework consisting of components, which are either external or internal to the group. Superimposed on the background framework are the practical process and diagnostics, including the method of entry into a group and access to its members.
Clark, S. D. and I. A. Renard (1970). "The Riparian Doctrine and Australian Legislation." Melbourne University Law Review 7: 475-506.
Claussen, E. (1998). Background Paper: What's Fair? An Equity Framework for global climate change. Washington DC, Redefining Progress.
Claydon, G., A. D. o. P. I. a. Energy, et al. (1995). Water Allocations and Entitlements - Towards a National Framework for Property Rights in Water. Review of policy issues and options. Canberra.
Cleary, P. W. (2002). Secure Legal Entitlements to Water. T. H. S. R.-Q. M. f. N. R. Mines.
Coakes, S. (1999). Consulting Communities-A policy maker's guide to consulting with communities and interest groups. Kingston: ACT, Bureau of Rural Sciences.
The Bureau of Rural Sciences investigated and identified appropriate consultation methods; understanding the difference between participation and consultation; understanding the strengths and weaknesses of different consultative approaches.
Cobb, C. (2002). A Question of Balance: Common Assets and the Common Good.
Cobb, C. W. (1998). The Roads aren't Free: Estimating the full social cost of driving and the effects of accurate pricing. No.3 Working Paper series on environmental tax shifting. Washington DC, Redefining Progress.
Cocks, D. (1999). "Did anyone mention the environment?" Australian Landcare(December): 14-15.
Coffey, F. C. (2001). "Assessment of Water Resource Plans Under the Water Act 2000 (Qld): With Consideration of Ecological Outcomes and Environmental Flow Objectives in the Context of the Precautionary Principle and Sustainable Management." Environmental and Planning Law Journal 18.
The Water Act 2000 (Qld) provides for the sustainable management of Queensland's water resources. A principal mechanism to achieve this outcome is the development of water resource plans. These plans may define the availability of water for any purpose and may provide a framework for reversing degradation. They must include ecological outcomes and, if transferable water allocations are envisaged, environmental flow objectives. It is suggested that the Water Act intends that the decision making process leading to the assignment of ecological outcomes and environmental flow objectives (and implicitly the volume of water marked for possible allocation to consumptive uses) in water resource plans should comply with the purpose to advance sustainable management and should incorporate the precautionary principle. Ecological outcomes from the Boyne River Basin water resource plan are considered and selected environmental flow objectives assigned in the Burnett Basin water resource plan are evaluated against identified limits to flow regime change.
Coke, S. E. (1992). For a man's house is his castle, et domus sua cuique est tutissimum refugium [and each man's home is his safest refuge] English Jurist 1552-1634. The Third Part of the Institutes of the Laws of England (1628) ch. 73, p. 162. The Oxford Dictionary of Quotations, 4th edition.
Cole, D. H., M. D. Palmer, et al. (2001). The Meaning of Property 'Rights': Law vs. Economics?
Comino, M. (1996). "Who can Sue? A Review of the Law of Standing." Impact(42).
Commission, E. (2001). Promoting a European framework for corporate social responsibility.
Commission, P. (1999). Industry Competitiveness, Trade and the Environment. Canberra, ACT.
Commission, P. (2000). Microeconomic Reform and the Environment.
Commission, P. (2001). Constraints on Private Conservation of Biodiversity. Canberra, ACT.
Commission, P. (2001). Harnessing Private Sector Conservation of Biodiversity. Canberra, ACT.
Commission, P. (2002). Pastoral Leases and Non-Pastoral Land Use. Canbarra, ACT.
Committee, A. a. B. D. A. (2001). Australia's Priorities. Canberra, Environment Australia.
Commonwealth (1993). Mabo - the High Court Decision on Native Title - Discussion Paper.
Conroy, G. e. (2001). Natural Resource Management - People and Policy., Paper commissioned by the Social and Institutional Research Program of Land and Water Australia.
This document is an overview of the results from 11 research projects examining the social and institutional dimensions of NRM, from the Social and Institutional Research Program, which is managed by Land and Water Australia. The research projects provide a series of tools, checklists, principles, case studies and guidelines for advisors and policy makers working in NRM. Organisations and individuals can use them as part of their decision-making processes and to give better advice for effective onground NRM.
Cook, J. The Influence of human rights on land rights and spatial information, Queensland University of Technology.
Coop, P. (1999). "Triumph of the Commons: Age-Old Participatory Practices Provide Lessons for Institutional Reform in the Rural Sector." Australian Journal of Environmental Management 6: 69-77.
Coop, P. and D. J. Brunckhorst (1999). Environmental and resource governance under the influence. International Conference on Society and Resource Management, Brisbane.
Coop, P. B., David (1998 ??). Old Practices Building New Institutions: A Commons Approach to the Rural Crisis: 227-40.
Cooray, M. Property Ownership in Australia. Human Rights in Australia. 2003: 1-8.
Corish, P. (2002). Farmers want Clear Protection of Their Property Rights. Sydney, National Farmers Federation.
NFF property rights position
Cork, S., D. Shelton, et al. (2001). A framework for applying the concept of ecosystem services to natural resource management in Australia. Third Australian Stream Management Conference, Brisbane.
Cornwell, A., J. Travis, et al. (1997). Framework for Greenhouse Emission Trading in Australian. Canberra, ACT.
Costanza, R. and C. Folke (1997). Valuing ecosystem services with efficiency, fairness, and sustainability goals. Nature's services - societal dependence on natural ecosystems. G. E. Daily. Washington, Island Press.
Council, E. P. A. (1992). Paper No 49. Managing Australia's Natural Resources. Canberra, ACT.
Cox, G., P. Lowe, et al. (1988). "Private Rights and Public Responsibilities." Journal of Rural Studies 4(4): 323-37.
Abstract - The paper seeks to examine the prospects for the introduction of formal controls over agricultural and environmental change in the countryside through an analysis of the policy preferences of the National Farmers' Union and the Country Landowners' Association and the rapidly changing context within which they are operating. We argue that it is mistaken to suppose that there exists a generalised objection to regulation within the farming and landowning community. Present developments are, moreover, blurring the distinction between production and conservation policies. In addition the authority of the farming lobby has been significantly weakened. But we suggest, nonetheless, that the persistent power of constraint enjoyed by farming and landowning interests is likely to ensure that a particular view of environmental protection, involving compensation for property rights foregone, remains predominant.
Cox, S. J. B. (1985). "No Tragedy on the Commons." Environmental Ethics 7(Spring): 49-61.
The historical antecedents of Garrett Hardin's "tragedy of the commons" are generally understood to lie in the common grazing lands of medieval and post-medieval England. The concept of the commons current in medieval England is significantly different from the modern concept; the English common was not available to the general public but rather only to certain individuals who inherited or were granted the right to use it, and use of the common even by these people was not unregulated. The types and in some cases the numbers of animals each tenant could pasture were limited, based at least partly on a recognition of the limited carrying capacity of the land. The decline of the commons system was the result of a variety of factors having little to do with the system's inherent worth. Among these factors were widespread abuse of the rules governing the commons, land "reforms" chiefly designed to increase the holdings of a few landowners, improved agricultural techniques, and the effects of the industrial revolution. Thus, the traditional commons system is not an example of an inherently flawed land-use policy, as is widely supposed, but of a policy which succeeded admirably in its time.
CRC, R. R. C. (2001). Land Use and the Great Barrier Reef World Heritage Area.
CRCL (2002). "Harvard Civil Rights - Civil Liberties Law Review." CRCL 37(1).
Crean, J. and D. Vernon (2002). Compensation policy and natural resource management. 46th Annual Conference of the Australian Agricultural and Resource Economics Society, Canberra.
CSIRO (1997). Right Opportunity - Using right markets to manage diffuse groundwater pollution, CSIRO.
Cullen, J. (2002). ""Sort out water property rights"." Australian Landcare(June): 14-15.
Cullen, P., J. Whittington, et al. (2000). Likely Ecological Outcomes of the COAG Water Reforms. Canberra, ACT, Cooperative Research Centre for Freshwater Ecology.
Cullet, P. (2001). "Property-rights regimes over biological resources." Environment and Planning C: Government and Policy 19: 651-64.
The increasing economic importance of biological resources and, in particular, knowledge related to these resources, has made the allocation of property rights one of the most contentious issues in the debate concerning biodiversity management at the international level. The author surveys the different property-rights regimes developed to regulate access to and control over biological resources, and the relevant international instruments and institutions. He argues that the overemphasis on private property rights regimes, in particular monopoly intellectual property rights such as patents, has been inimical to the sustainable management of biological resources at local and international levels. He suggests ways to allocate property rights so as to promote forms of biodiversity management that are both socially equitable and environmentally sustainable, and analyses some of the recent developments concerning alternative forms of intellectual-property protection.
Curtis, A. and T. DeLacy (1995). "Evaluating landcare groups in Australia: How they facilitate partnerships between agencies, community groups, and researchers." Journal of Soil and Water Conservation: 15-20.
Curtis, A., M. Lockwood, et al. (2001). "Exploring Landholder Willingness and Capacity to Manage Dryland Salinity in the Goulburn Broken Catchment." Australian Journal of Environmental Management 8: 79-90.
Daily, G. E. (1997). Nature's Services - Societal Dependence on Natural Ecosystems. Washington, Island Press.
Daly, H. E. (1996). Beyond Growth. Massachusetts, Beacon Press.
Daly, H. E. and K. N. Townsend (1993). Valuing the earth: economics, ecology, ethics, Economic Reform Australia ERA Information Network: 267.
Daw, C. A. (2002). "Land taxation: an ancient concept." Assessment Journal(March/April): 20-25.
Day, P. (2002). The Concept of Betterment.
Day, P. (2002). Inventing Planning Principles, www.brisinst.org.au. 2002.
de Soto, H. (1989). "The Other Path: The invisible revolution in the third world." The Region.
de Soto, H. (2001). "The mystery of Capital." Finance and Development 38(1).
Deakin, A. (1885). Royal Commission on Water Supply, Victorian Government.
Debertin, D. (1996). A Comparison of Social Capital in Rural and Urban Settings. Kentucky.
This paper examines some of the ways in which social capital networks develop and operate and contrasts the difference between rural and urban settings based on "case study observations" of rural communities and urban subdivisions. A list of potential researchable questions involving social capital is developed and some ideas are proposed for empirically analysing these questions and issues.
Decanio, S. J. (1997). The Economics of Climate Change. Washington DC, Redefining Progress.
DeLong, J. V. and J. Echeverria (1999). Who Should Control Our Land? The Washington Time's 'World & I'. Georgetown, Georgetown Environmental Law & Policy Institute.
This is a point-counterpoint on the property rights issue between the authors.
Devlin, R. A. and R. Q. Grafton (1998). Economic Rights and Environmental Wrongs - Property Rights for the Common Good. Massachusetts, Edward Elgar Publishing Inc.
Dick, D. D., Margaret (1999). The compatatibility of the amended Native Title Act 1993 (Cth) with the United Nations Convention on the Elimination of all forms of racial discrimination. Land, Rights, Laws: Issues of Native Title. L. Strelein, Native Title Research Unit.
Dickie, P. (2000). Sold down the River, The Brisbane Institute. 2000.
DNR (2001). Guide to Pastoral land management policy, Queensland Government - Department of Natural Resources.
Dorfman, R. and N. S. Dorfman (1972). Economics of the Environment (Selected Readings). New York, W.W. Norton and Company Inc.
Douglas, J. G., Tony & Turner, Cate (2002). Anchors for Implementation & Further Development, The Australian Landcare Management System (ALMS).
Dovers, S. (1995). "Information, Sustainability and Policy." Australian Journal of Environmental Management 2: 142-56.
This article considers three imperatives from sustainability (sustainable development): pervasive uncertainty; the need for better information; and policy choice. The focus of the article is Australian, and the scale is national. While decisions must always be made on the basis of far-from-perfect knowledge, profound changes are demanded now in our efforts to inform ecological aspects of the sustainability problem. If not, we will be unable to design and implement effective policies, and further will be unable to assess whether our policies are working. Examples are noted, and the broad shape of the required changes outlined. These changes include: better institutional and policy abilities to handle uncertainty; redoubled efforts and greater independence and permanence in basic environmental monitoring; more continuity in policy settings; more sophisticated policy instrument choice; and stronger linkages between policy and information via policy monitoring.
Dovers, S. (2001). Institutions for Sustainability. Canberra, Centre for Resource and Environmental Studies, ANU.
This paper discusses the nature of sustainability and the institutional arrangements that can help or hinder the pursuit of a future society that is both ecologically sustainable and humanly desirable. All collective efforts are mediated through institutions, and without institutional change we will not move purposefully towards sustainability. Although there has been much policy development under the banner of 'ecologically sustainable development' (ESD) in recent years in Australia, institutional change remains at the margins of public policy and administration. The paper considers how this situation can be rectified.
The characteristics of ESD problems are discussed, such as spatial and temporal scale, complexity and uncertainty, and the need for community participation. The paper then uses an 'adaptive' approach to frame the requirements of institutions for sustainability, suggesting the core principles of persistence, purposefulness, information-richness, inclusiveness and flexibility.
The strengths and limits of some current arrangements are assessed, and then particular attention is given to a selection of current institutional arrangements that fulfil at least some of the requirements for an adaptive approach.
Finally, suggestions are given for institutional reforms to establish ESD as a policy field that enjoys parity with other, at present more influential and well-supported fields.
Dragun, A. K. (1999). "Property rights, "takings' and environmental management." International Journal of Social Economics 26(7/8/9): 1061-77.
Abstract Property rights are often seen to be the cause and the solution of a wide range of social problems especially those affecting the natural environment. But, the property rights box is indeed pandoran, spawning as many questions as it answers as a function of diverse theoretical perspectives. The literature on property rights is not homogeneous so that interpretations of problems and suggestions for solutions are highly diverse. Consequently, the value of property rights theory in understanding or solving social problems can be problematic. The recent interest in property rights theory has been spawned by the focus on the "takings" issue where a particular perspective of private property rights, as a form of natural rights, has "re"-emerged. This "new" private property rights perspective portends radical consequences for environmental management. But the theme of this paper is that this methodology adds little insight to the understanding of property rights and environmental problems.
Duffy, M. (2005). Great White Land Grab. Counterpoint, ABC.
Eastoe, B. (1994). "Defining Water Assets in Farm Value." The Valuer and Land Economist: 301-302.
Echeverria, J. Don't Make Poor Choice Judge Smith. Georgetown, Georgetown Environmental Law & Policy Institute.
Echeverria, J. The Politics of Property Rights. Georgetown, Georgetown Environmental Law & Policy Institute.
Echeverria, J. Regulatory Takings by Means-Ends Failure? Does a Regulation that Fails to Advance a Legitimate Governmental Interest Result in a Regulatory Taking?, Georgetown Environmental Law & Policy Institute.
This article asserts that a kind of means-ends analysis does play an appropriate and logical role in takings challenges to permit conditions involving physical occupations but the analysis should be confined to that special context. It then argues that the Court's recent decisions support the conclusion that the purported means-ends takings test does not in fact represent a legitimate general test for a regulatory taking.
Echeverria, J. It's Time for Courts to Limit Takings Rulings, Georgetown Environmental Law & Policy Institute.
Echeverria, J. Revving the Engines in Neutral: City of Monterey v. Del Monte Dunes at Monterey, Ltd. Georgetown, Georgetown Environmental Law & Policy Institute.
Echeverria, J. (1997). Why the Takings Issue Matters, Georgetown Environmental Law & Policy Institute.
Echeverria, J. (2000). What would Aldo Leopold Say? An Ambiguous Environmental Victory in the House of Representatives. Gerogetown, Georgetown Environmental Law & Policy Institute.
Echeverria, J. (2001). Reflections on Oregon Measure 7. McCall Speakers Series. Georgetown, Georgetown Environmental Law & Policy Institute.
Echeverria, J. (2002). Do Partial Regulatory Takings Exist? Taking Sides on Takings Issues: Public and Private Persepctives. T. E. Roberts. Georgetown.
Echeverria, J. D. (1999). Is the Penn Central Three-Factor Test Ready for History's Dustbin? Georgetown, Georgetown Environmental Law & Policy Institute.
No other legal issue springs to the minds of both land-use planners and lawyers as quickly as the takings issue. Since 1987 and the famous trilogy of U.S. Supreme Court cases (see the 1987 August and September issues of this publication), the takings issue is encountered with increasing frequency in the legal literature, planner's concerns, and even legislative debates. Now even books on the takings debate are common, proposals for state takings legislation are perennial, and takings claims in land-use cases seem nearly routine. In this month's commentary, attorney John Echeverria takes a fresh look at the issue. Ironically, his stance agrees in part with those who call for an expansive reading of the takings clause - it is time for clarity and change. As takings law unfolds in this new century, it will be interesting to see how much Echeverria's intriguing ideas on takings law will influence our courts' decisions and the ways planners may plan and regulate.
Edwards, G. (1992). A new Tenure: unsubdividable Freehold. To control undesirable patterns of Development - Draft 6. Brisbane, Department of Natural Resources.
Edwards, G. (2001). Land Tenure. Brisbane, Department of Natural Resources.
Edwards, G. (2002). Property Rights. R. Campbell, G. Albion and I. Grant. Brisbane.
Edwards, G. (2002). Comments on the State Rural Leasehold Strategy, Department of Natural Resources and Mines.
Edwards, G. (2002). Progressing Property Rights.
Edwards, G. (2002). Useful web addresses, Edwards, G. 2002.
Edwards, L. (2002). How to argue with an economist. United Kingdom, Cambridge University Press.
This book reflects on how economics has become central to our lives, and how the 'economic rationalist' perspective has become the lens through which all matters in Australian public life are viewed. It explains how this economic worldview systematically overlooks important social issues and how it transforms Australian culture.
Eldershaw, V. (2002). Comments/corrections on property rights. G. Edwards.
Energy, C. D. o. P. I. a. (1992). Discussion Paper 92/01. Recent Developments in Resource Pricing and Allocation Policy. Canberra, ACT.
Engineering, A. A. o. T. S. a. (1999). Water and the Australian Economy. Victoria.
Environment, D. o. N. R. a. (2001). The Value of Water - a Guide to Water Trading in Victoria. Melbourne.
EPA, N. (2002). Hunter River Salinity Trading Scheme.
EPA, N. (2002). New Tools for Complex Issues, Environmental Protection Agency.
Epstein, R. Private Property and Power of ediment domain, Harvard University.
Estruch-Guitart (2004). The Role of Agri-Environmental Measures in the Definition of Property Rights. Role of Institutions in Rural Policies and Agricultural Markets. V. Van Huylenbroeck, Lauwers, Elsevier: 335-347.
Evans, M. a. J. (2002). Better decisions yield bigger oil dollars. G. Edwards.
Eves, C. (2002). "Academic Research Paper: NSW rural land market 1990-1999." APJ May: 128-34.
The value of rural land is linked to its productivity and the type of rural production that can be carried out. Land use is restricted by location, climate, soil type and topography.
This paper addresses the capital return performance of a major agricultural area and compares these returns on the basis of both location of land and land use. The comparison will be used to determine if location or actual land use has a greater influence on rural property capital returns.
Falk, I. and J. Guenther (1999). Role Of Situated Trust In Rural Sustainability: "Levels Of Trust"- Community Profile., Centre for Research and Learning in Regional Australia, University of Tasmania.
This study builds on research that has identified factors that are significant in building social capital, including trust, in a society. Research to date has focused on identifying measurable components of trust and defining the nature of trust as a component of social capital. Research outlined here will describe the development of the Profile of Community Trust soon to be trailed in two Australian rural communities. The trialing adopts an intensive case study approach. The aim is to determine the impact of trust on the socio-economic wellbeing of these two rural communities. This trailing approach will lead to the ability to make some reasonably confident assertions about the significance of trust as a factor in the development or decline of a community. It will also provide the opportunity for the profile to be developed and refined.
Farley, R. and P. Toyne (2000). Landcare - Looking Backwards and Looking Forwards. National Press Club Speech. Canberra.
Farmers, N. A Duty of Care for Farm Land, NSW Farmers.
Farmers, N. Growing Together: A Plan for Farming and Conservation, NSW Farmers.
Farmers, N. Property Rights and Farming in Australia.
Feder, G. and D. Feeny (1991). "Land Tenure and Property Rights: Theory and Implications for Development Policy." The World Bank Economic Review 5(1): 135-53.
This article explores the nature of property rights systems, their evolution, and their effect on resource allocation. It is argued that certain institutional arrangements for land rights have evolved in order to reduce uncertainty and increase efficiency in credit as well as in land markets. Of particular relevance to developing countries, the article emphasises the contribution of public sector infrastructure to effective land rights systems.
Fensham, R. J. and P. S. Sattler A proposal for financial assistance and a duty of care to accompany legislation controlling remnant native vegetation clearing on freehold land in Queensland.
A system of financial assistance is required for land-holders who shoulder a disproportionate share of the financial burden for biodiversity conservation in Queensland. The absence of such a system has been a major impediment to achieving necessary levels of protection in Queensland despite the recent enactment of the Vegetation Management Act 1999. We argue that a duty of care should be defined to distinguish between public and private good and to provide a means to assess financial assistance. South Australia has provided a successful precedent for such a scheme, where valuations were made of the development right that was removed by protective legislation, and payments initially provided after subtraction of a 12.5% duty of care and the establishment of a Heritage Agreement. The prohibition of vegetation clearing deemed unsustainable or that could increase the risk of land degradation is a private benefit and should not generate payment even if valuation reflects some loss of perceived potential. The protection of biodiversity (and greenhouse) values in areas that could be cleared sustainably is primarily a public benefit although many landholders may be prepared to make some contribution as part of the definition of a duty of care threshold. We demonstrate how valuations of payments may proceed, the distinction between private and public benefit and the effect of varying the duty of care for biodiversity conservation between 0% and 30% for a hypothetical property with a range of different land types. Market assessment of the impact of the legislation on property prices in Sough Australia revealed that for some areas property values were negatively affected and for other areas protection remnant native vegetation has enhanced property values over the last 15 years.
Field, B. C. (1989). "The Evolution of Property Rights." KYKLOS 42(3): 319-45.
Fisher, D. E. (2000). Water law. North Ryde, N.S.W, LBC Information Services.
Flannery, T. (2002). Australia Day Address 2002.
Flynn, M. (1998). Cloud descends on Fitzroy water plans. Qld Country Life.
Fowles, R. and M. Phelps (2000). Landholders: 'Give us control'. Queensland Country Life. Brisbane: 3.
Frank, K. (2000). Changes in Land Resumption Case Law, Global Alliance.
Frey, B. S. (1997). Not Just for the Money - An Economic Theory of Personal Motivation. Massachusetts, Edward Elgar Publishing Inc.
Freyfogle, E. T. (1998). "Owning the Land: Four Contemporary Narratives." Land Use and Economics Law.
Fullerton, T. Irate Irrigators. Watershed: 141 - 171.
Gaffney, M. Economic Aspects of Water Resource Policy. Milwaukee, University of Wisconsin.
Gaffney, M. (1992). The Taxable Surplus in Water Resources.
Gaffney, M. (1997). "What Price Water Marketing?" American Journal of Economics and Sociology 56(4): 475 - 520.
Gardner, A. (1998). The Administrative Framework of Land and Water Management in Australia, University of Western Australia Law School.
Garrido, A. (1997). Economics of Water Allocation and the Feasibility of Water Markets in Agriculture. Madrid, Polytechnic University.
Gearan, A. (2002). Supreme Court backs local government in clash over private property rights, www.enn.com. 2002.
Geisler, C. C. (1995). "quote." Land Economics(February).
Geisler, C. C. (2002). One person's park is another's home: argues that global land conservation is creating a new kind of refugee. The Australian Financial Review: 7.
Gentle, G. Water - The Economic Future, DNR.
Gentle, G. (2002). Australia water 2010.
Geoghegan, J. (2002). "The Value of Open Space in Residential Land Use." Land Use Policy 19(1): 91-98.
Georgetown, E. L. P. I. (2002). Why the Takings Issue Matters, www.law.georgetown.edu. 2002.
Gilbertson, B. (2002). "Valuation or Appraisal: and art or a science?" Australian Property Journal: 11-13.
Gilmour, A. J. (1999). The Role of Science and Scientists in the Management of Natural Resources. New Solutions for Sustainability: a Conference on Integrated Natural Resource Management, Sydney, Nature Conservation Council of NSW Inc.
Gleeson, T. Anchors for Environmental Management. Brisbane, Synapse Research and Consulting.
Considerations of how environmental management systems might be applied in agriculture are part of the on-going debate about the relative worth of different policy instruments. However, the effectiveness of environmental management will be determined primarily by our cultural and governance frameworks rather than by the selection of this or that policy tool.
In this paper I propose that we need frameworks anchored on moving us from managing resources to managing impacts, from policies based on agriculture and commodification to policies based on values, from benefit driven policies to purpose driven policies and from regulatory and market based prescription to adaptive management.
Frameworks based on these anchors will highlight that environmental management systems need to be designed and implemented as part of an information-driven system of environmental management that involves all relevant communities.
Gleeson, T. (2001). Landscapes and mindscapes-Making space for Creative Thinking.
This paper explores some of the constraints we place on ourselves when dealing with these problems and how we might remove these constraints. The central theme of the paper is that our mindscapes, that is the pictures we have of rural Australia are agricultural centric, are based on questionable analysis, and are reinforced by our institutional cultures, structures and processes. We blindfold ourselves with these mindscapes and we stumble down familiar pathways searching for solutions from amongst the institutions that are part of the problem.
Gleeson, T. and K. Piper (2002). Draft Paper. Achieving Institutional Reform. Brisbane, Synapse Research and Consulting.
Gleeson, T. D., Jock (2002). The Australian Landcare Management System (ALMS), Synapse Research & Consulting.
Godden, D. (1999). "Attenuating indigenous property rights: land policy after the Wik decision." The Australian Journal of Agricultural and Resource Economics 43(1): 1-33.
In December 1996, the High Court of Australia handed down its judgement in the Wik case finding, by a 4:3 majority, that pastoral leases did not necessarily extinguish native title. An intense political campaign by both pastoral and indigenous interest, and their political representatives, was aimed, in the case of the former, at legislative extinguishment of native title on pastoral leases and, in the case of the latter, at defending property rights which the High Court found had never been extinguished. In this article it is argued that an efficient re-allocation of property rights is unlikely to result from extinguishment, but requires Coasian-type bargains between pastoral and indigenous interests.
Goesch, T. and N. Hanna (2002). "Efficient Use of Water." Australiain Commodities 9(2): 372-384.
Goldberg, B. B., Paige (2001). Auctioning Carbon Diowide Permits: A Business Friendly Climate Policy, Redefining Progress - For People, Nature and the Economy.
Goldstein, J. H. and W. D. Watson (1997). "Property Rights, Regulatory Taking, and Compensation: Implications for Environmental Protection." Contemporary Economic Policy XV: 32-42.
Government, C. (2001). A Canadian Perspective on the Precautionary Approach/Principle - a discussion document. Canada.
Government, F. (1999). Moving Forward in Natural Resource Management.
Government, F. (2002). Council of Australia Governments' Meeting, The Department of the Prime Minister and Cabinet.
Government, N. (2000). NSW Salinity Strategy - Salinity Targets Supplementary Paper, Department of Land and Water Conservation.
Government, N. (2002). Green Offsets for Sustainable Development - concept paper. Sydney, Environment Protection Authority NSW.
Government, N. Z. (2000). Biodiversity and Private Land, Ministry for the Environment - NZ.
Government, Q. (1968). Water Act 1926-1968.
Government, Q. (2001). Assessment of Governments' Progress in Implementing the NCP & Related Reforms, Unknown, but the ISBN is 0 957 889 216.
Grealy, D. (2001). Legal Advice - Draft: Valuation of Land Act 1944 - Water Licences Granted under Water Act 2000, Crown Law.
Gregg, S. (2003). It's time for a return to duty, not rights. CIS Articles and Executive Highlights: 2.
Gretton, P. and U. Salma (1996). Land Degradation and the Australian Agricultural Industry. Canberra, ACT.
Group, T. V. C. and B. Management+Consulting (2000). A Discussion Paper. Enhancing Institutional Support for the Management of Dryland Salinity.
Groves, J. (1998). Improving the accessibility of Australian Agricultural Information on the Internet., Rural Industries Research & Development Corporation, Publication.
This report was produced to analyse the special information needs of rural Australia and how to sustainably improve access to their online information needs. The report canvasses issues such as developing specialised search engines, more and better training in search techniques, how content providers can help through better design of their pages and supporting a range of regional communications initiatives.
The project is part of the Corporation's Human Capital, Communications and Information Systems Program, which aims to facilitate innovation in the agricultural sector by improving the use of communication and education processes and appropriate information systems.
Hamilton, C. (2002). The Super-Carbon Scheme: Saving for retirement, Saving the Enviornment, The Australia Institute.
Hamilton, C., R. Denniss, et al. (2002). Taxes and Charges for Environmental Protection - discussion paper number 46, The Australia Institute.
Hamilton, C., K. Schlegelmilch, et al. (2000). Environmental Tax Reform. Using the tax system to protect the environment and promote employment, Australia Institute; ACF; ANZSEE.
Hamlet, D. (2002). Master of Public Administration Research Report. Draft Paper. Reinventing Water. Brisbane, Department of Business, Economics and Law, University of Queensland.
Hamlet, D. (2002). Empirical Evaluation of Water Trading, Department of State Development.
Hamond, J. M., S. J. DeCanio, et al. (1997). Tax Waste, Not Work - how changing what we tax can lead to a stronger economy and a cleaner environment. California, Redifining Progress.
Hardin, A. and L. Holmes (1997). Services Trade and Foreign Direct Investment. Canberra, ACT.
Harris, G. (2002). Ensuring Sustainability - Paradigm Shiftss and Big Hairy Goals. Enviro2002, Melbourne.
Harrison, F. L. (1999). Capital Gains Tax, Queensland Water Reform Unit.
Hawley, J. (1996). Station to Station.
Heaney, A. and S. Beare (2001). Property Rights and Externalities in Water Trade. ACIAR Water Policy Workshop, Bangkok, Thailand.
Heller, M. A. (1999). "The Boundaries of Private Property." Yale Law Journal 108(5): 1162-22.
Heremaia, S. (2000). "Native Title to Commercial Fisheries in Aotearoa/New Zealand." Indigenous Law Bulletin 4(29): 15-17.
Higgins, V. and S. Lockie (2001). Re-discovering the Social: Neo-liberalism and Hybrid Practices of Governing in Natural Resource Management. New Natures, New Cultures, New Technologies, Cambridge University, Cambridge.
Hitchcock, R. K. Cultural Resource Conservation and Indigenous Peoples: A Bibliography.
Hodge, A. (2002). Climate deal puts Kyoto at risk. The Australian: 1.
Hodge, A. (2002). Coalition Split on Murray basin plan. The Weekend Australian. Brisbane: 7.
Hoey, W. (2002). Chief Executive Officers Group on Water, DNR - Melbourne.
Holmes, J. (1994). Land Tenures, Property Rights and Multiple Land Use: Issues for American and Antipodean Rangelands. The Unity of Geography: Festschrift to Peter Haggett: 1-25.
Holmes, J. (1996). "The Policy Relevance of the State's Proprietary Power: Lease Tenures in Queensland." Australian Journal of Environmental Management 3: 240-256.
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 of 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.
Holmes, J. (1996). Land Tenure as a Contemporary Policy Instrument, Department of Natural Resources.
Holmes, J. (2000). Ch 10. Environmental History and Policy. S. Dovers. South Melbourne, Oxford University Press.
Holmes, J. (2002). Lectures on Property Rights in Resources.
Holmes, J. and L. Knight What Price Pastoralism? Lease Rents, Property Rights and the Land Policy Context, Department of Geographical Sciences and Planning - University of Queensland: 1-35.
Honore, A. M. (1961). Ownership. Oxford Essays in Jurisprudence. A. G. Guest. Oxford, Oxford University Press.
House of Representatives, S. C. o. E. a. H. (2001). Public good conservation: Our challenge for the 21st Century. Interim report of the Inquiry into the Effects upon Landholders and Farmers of Public Good Conservation Measures Imposed by Australian Governments.
Howard, P. (1994). The Death of Common Sense - an excerpt. New York, Random House.
Hughes, P. (2003). From Permits to Property: Research Project, Productivity Commission. 2003.
Hum, P. (2002). The Anti-Copyright Crusader. The Ollama Citizen.
Hunt, H. L. (2002). Agribusiness 2002 - In Review, Hunt & Hunt Lawyers.
Hunt, N. (2002). Leasehold Discussion Paper and Rangelands Conference. G. Edwards.
Huxley, M. (1997). Environmental Justice: Global Ethics, University of Melbourne.
Hyam, A. The Law Affecting Valuation of Land in Australia.
IFPRI (2002). Property Rights and Collective Action, www.ifpri.org. 2002.
Inc, Q. S. I. A. (2002). Incentives for Sustainability: Making BMP Pay….
Isaac, M. (2001). The Political Economy of Water Reform Feasibility in Australia, School of Political Science and International Studies, University of Queensland.
Jacobs (2005). "Private Property in the 21st Century: The Future of an American Ideal." ScienceDirect - Land Use Policy 22(3): 277-278.
Jaegar, C. C., O. Renn, et al. Decision analysis and rational action, Battelle Press.
James, D. (1997). Environmental Incentives - Australian Experience with Economic Instruments for Environmental Management, Environment Australia.
Jarman, I. (2002). The Australian Water Directory 2002. Australian Water Association.
Jasonoff, S. and B. Wynne Science and Decisionmaking, Battelle Press.
Jaunich, R. P. (1994). "The Environment, the Free Market, and Property Rights: Post-Lucas Privatisation of the Public Trust." Public Land Law Review 15: 167-97.
Johnson, R. W. M. (1994). "Squatters, Drovers and Property Rights." Review of Marketing and Agricultural Economics 62(3): 423-26.
Jopson, D. (2002). Ten years on, Mabo gets wet, www.smh.com.au. 2002.
Jopson, D. (2002). Aboriginies demand $250m over water rights, www.smh.com.au. 2002.
Jordan (2004). The Political Economy of Land: Putting Henry George in His Place. The Third Australian Society of Heterodox Economists Conference, University of New South Wales.
Karabut, S., T. Tumaneng-Diete, et al. (2002). Assessing and Integrating Social Values: Towards Socially-Sensitive and Ecologically Sustainable Forest Uses. Queensland Environmental Conference, Brisbane.
Kasper, W. (2003). Economic Freedom Watch: Report No. 4, The Centre for Independant Studies: 1-12.
Kelly, D. (2001). Community participation in rangeland management, Report for the Rural Industries Research and Development Corporation.
The purpose of this project was to assist organisations to improve participatory approaches used in rangeland management. The research revealed that in the regions, many approaches are being used to involve local communities. Some consultative approaches merely provide information or collect the views of local people; other, highly participative approaches incorporate local knowledge in project planning and implementation and attempt to share decision-making power with local people. Comparisons between different stakeholder groups involved in land management programs.
Kelly, P. (2002). Short Report on Visit to New Zealand by Paul Kelly. ANZLIC the Spatial Information Council, New Zealand.
Kenworthy, T. (1999). Is Property Crusader's Claim All Wet? Georgetown, Georgetown Environmental Law & Policy Institute.
Keogh (2005). "The New River of Gold." Australian Property Journal: 407-411.
Ketchell, M. (2002). Trawlerman to sue over fishing ban. The Sunday Mail. Brisbane.
Kilpatrick, S. (2000). Community learning and sustainability: Practice and Policy., Centre for Research and learning in Regional Australia, University of Tasmania.
The intention of this presentation is to concentrate on answering the question: "what makes an effective learning community". In answering this question some of the skills and resources required by communities for dialogue and working with policy makers, and others outside the community will emerge. The question of the skills and resources needed by policy makers and those implementing policies will be left to the reader to ponder.
Kilpatrick, S. (2001). Education and training: Impacts on farm management practice. Tasmania, Centre for Research and Learning in Regional Australia.
Kilpatrick, S. and I. Falk (1999). Benefits For All: How Learning For Farming Can Build Social Capital In Communities., Centre for Research and Learning in Rural Australia, University of Tasmania.
Social capital helps communities respond positively to change. Our research into managing change through learning in communities and in small farm businesses has highlighted the importance of relationships between people and the formal and informal structure of communities to the quality of outcomes experienced by communities. In this paper we present our model of the simultaneous building and use of social capital and explore the ways in which learning as part of an agricultural community can be used to bring benefits to geographic communities.
Kimball, N. (2000). Striking that Happy Medium: Community Attitudes to Natural Resource Management in Crows Nest Shire, Qld: Executive Summary. Crows Nest, Crows Nest Shire Council.
Koch, T. (2002). State needs awake-up call. The Courier Mail. Brisbane: 23.
Korpus, M. J. (1980). "Rent Control and Landlords' Property Rights: The Reasonable Return Doctrine Revived." Rutgers Law Review 33: 165-97.
Koutsoukis, J. (2002). National scheme for water rights. The Australian Financial Review: 7.
Krefting, L. A. and P. J. Frost (1985). Untangling Webs, Surfing Waves and Wildcatting: A Multiple-Metaphor Perspective on Managing Organisational Culture. Organisational Culture. P. J. Frost, L. F. Moore, M. R. Louis, C. C. Lundberg and J. Martin. London, Sage.
Krockenberger, M. (2001). "The green road to office." Habitat Australia 29(2): 10.
Krockenberger, M., P. Kinrade, et al. (2000). A Blueprint for a Sustainable Australia, Australian Conservation Foundation.
social capital; communication;
Ku, S. (2002). A Scoping Paper on Property Rights in the context of Natural Resource Management. Brisbane, Department of Premier and Cabinet.
Kysar, D. A. (2002). Law and Ecological Economics - Draft. New York, Cornell Law School.
Landcare (2000). 2020 Hindsight on the Future. Acres Australia: 25-8.
Landmark (1999). "Sound and Fury, Accomplishing Nothing." Landmark.
Landmark (2000). "Anti-planning forces declare war on Oregon's Land Use Laws." Landmark.
Landmark (2000). "Moving People, Not Just Cars." Landmark.
Landmark (2001). "Hot Time at the Oregon Legislature." Landmark.
Landmark (2002). Sustainable land use in dryland regions of the Murray-Darling Basin, Landmark.
Lane, B. and D. Dorfman (1997). Strenthening Community Networks: the Basis for Sustainable Community Renewal, Rural Education Program.
Lane, P. (1999). Native Title - The End of Property as we Know it?
Lane, P. (2000). "Native Title and Inland Waters." Indigenous Law Bulletin 4(29): 11-14.
Lane, P. (2000). A Quick Guide to ILUAs for Governments. Melbourne.
Langford, K. J. (2000). Munro Oration, A Challenge to Australia's Hydrologists.
Larter (2004). Stewardship. Brisbane, Griffith University: 138.
Lawn (2001). "Land Management." Lawn.
Lawrence, D., D. Jordan, et al. (1994). Factors influencing graziers' decisions on sustainable grazing management. Brisbane, Department of Primary Industries.
A study of graziers' perceptions of sustainable grazing management in the Maranoa region of southern Queensland identified that most graziers were applying higher stocking rates than those recommended by experienced graziers as sustainable. However, the decision-making process used by the graziers for setting and adjusting stock rates, and the factors that influence their decisions were not fully presented in a more effective and meaningful form. Management options could then be evaluated using graziers' criteria and more relevant recommendations for change made.
Lawrence, P. J. B. (2002). "The Adaptive Management Framework for Coastal Environments." Journal of Australian Water Association.
Lawrie, M. (1970). Malo. Myths and Legends of Torres Strait, UQ Press.
Leighton, C. (2002). National Land & Water Audit.
Letts, M. (2001). "Reflections and the Future." Futureprofit 5(3).
Lewis, S. (2002). National scheme for water rights. The Australian Financial Review: 7.
Libby, L. W. (1997). In Pursuit of the Commons: Toward a Farmland Protection Strategy for the Midwest. Illinios, Centre for Agriculture in the Environment (American Farmland Trust) Working Paper Series.
Liberal (2002). Agricultural Land - Property rights. Defining the Difference. P. L. P. W. Australia). Western Australia: 2.
Limb, J. (2001). Communal Farming Revival Under Way. New England, Landline.
Limb, J. (2001). Communal Farming Revival Under Way. Landline. Brisbane.
Limb, J. (2001). Communal farming revival under way. ABC Landline.
Linkhorn (2005). Land rights and development reform in remote Australia, Oxfam Australia.
Lochead, K. (2002). Perpetuating Dispossession: Legal Reasoning and the Extinguishment of Native Title in Canada and Australia, CPSA - Canadian Political Science Association. 2002.
Lovett, J. C. (2001). "Ownership of environmental values and opportunity costs." Environment and Planning C: Government and Policy 19: 681-93.
Conservationists have recently used the concept of opportunity costs to calculate potential costs of conserving key sites with high environmental values. However, the validity of this approach can be questioned. The author briefly reviews property rights and decision making on matters involving environmental values. Two examples are discussed: nature conservation, and the planting of genetically modified crops. The examples are considered in relation to existence values, citizens' preferences, problems associated with aggregating social preferences, and the observation that there are costs associated with exercising rights. The problems of the use of opportunity costs as a means of compensation for lost rights to environmental values are those of (1) who should determine the values; (2) whether payments should be made as compensation or as fines; and (3) who should receive the payments. These problems raise issues of equity, particularly as poor people often have claims to rights over areas with high environmental values. In conclusion, the roles of equity and sovereignty in the distribution of entitlements are emphasised and the difficulty of taking a policy decision to use market mechanisms for conserving biodiversity is discussed.
Lovett, S. (2002). What are Ecosystem Services? RipRap. Land and Water Australia.
Ltd, C. S. P. (2002). Draft Progress Brief on Research into Land Administration. Towards Improving the Administration of Land Rights, Controls, and Related Markets in Queensland.
Ltd, C. S. P. (2002). Towards Improving the Land Administration of Land Rights, Controls and Related Markets in Queensland.
Luntz, S. (2002). "Resilience the Key to Sustainability." Australasian Science 23(4): 39-40.
LWRRDC (2002). Looking to the farm business: approaches to managing native grassland in south-eastern Australia. Research Report 05/00. Canberra, National Research and Development Program on Rehabilitation, Management and Conservation of Remnant Vegetation.
LWRRDC (2002). Economics of Remnant Native Vegetation Conservation on Private Property. Canberra, National Research and Development Program on Rehabilitation, Management and Conservation of Remnant Vegetation.
LWRRDC (2002). The value of native vegetation: urban and rural perspectives. Canberra, National Research and Development Program on Rehabilitation, Management and Conservation of Remnant Vegetation.
Lyons, K., K. J. Davies, et al. (2002). On the Efficiency of Property Rights Administration in Queensland. Working Draft. Commercial-in-confidence, Natural Resources & Mines.
Lyster, R. (2001). "(De)regulating the Rural Environment." Environmental and Planning Law Journal 18(5): 445-68.
The 1992 United Nations Conference on Environment and Development (the Rio Conference) heralded a new era of environmental law, with its purpose to formulate strategies to achieve sustainable development worldwide, recognising the interconnectedness of all systems on earth, and the need to protect them. The conference instruments recognise that the sustainability of the earth depends on national responses that are crafted with the fullest possible extend of public participation. Recent Australian policy for managing natural resources has sought to reflect the goals of sustainable development as enunciated by the Rio Conference and this article looks at two key features of this policy; the establishment of government/community partnerships to achieve ecologically sustainable natural resource management; and the numerous proposals by the Commonwealth and New South Wales governments that market-based instruments be used to address natural resource degradation.
MacDermott, K. (1999). Water licences seen as priceless asset. The Australian Financial Review: 64.
Macken, J. (2002). Saving the great outdoors. The Australian Financial Review: 81.
MacKinnon, J. (2001). Land Compensation Claim Leads to Financial Compensation Fight, WA Country Hour.
MacTiernan (2003). New Planning Appeals System in place - media statement.
Madden, B. H., G & Duggan, Kate (2000). National Investment in Rural Landscapes, Griffin NRM & the Virtual Consulting Group.
Maher, M., J. Nevill, et al. (2001). Improving the legislative basis for river management in Australia - Stage 2 Report, Land and Water Australia.
Mahoney, J. D. (2000). Perpetual Restrictions on Land and the Problem of the Future. Virginia, University of Virginia Law School.
Management+Consulting, V. C. G. B. (2001). Managing dryland salinity: Providing institutional support. Draft Final Report - For Comments.
Marano, W. (2000). The Market Value of Remnant Native Vegetation on Rural Holdings in a Clearance Regulated Environment. Pacific Rim Real Estate Society Conference, Sydney.
Marohasy, J., D. Boyland, et al. (2002). Opportunities and Options for Assistance and Incentives for Land Stewardship and Conservation in Queensland.
Marohasy, J. and G. Johns (2002). WWF Says Jump! Governments Ask How High? A case study suggests that governments need to better scrutinize allegations of environmental harm and those who make them, IPA's NGO Project.
Marsh (2004). "New Tools for Marine Conservation: the Leasing and Ownership of Submerged Lands." Conservation Biology 18(5): 1214-1223.
Marshall "Part D - Additional Text." 13-25.
Martin, M. (2002). $50 mil suit could test Measure 7.
McAllister, I. and D. T. Studlar (1993). "Research Notes - Trends in Public Opinion on the Environment in Australia." International Journal of Public Opinion Research 5(4): 353-61.
McCreddin, J. and G. Syme (1999). Land and Water Management in the Herbert River Catchment: A summary of Community Views., CSIRO Land and Water Consultancy Report No. 99-39.
This study follows a survey performed in 1996 examining landholders' attitudes, beliefs and behaviours relating to land and water management in the Herbert River Catchment in north Queensland. The two surveys form the community assessment component of research evaluating the implementation of Integrated Catchment Management (ICM) in the Herbert River Catchment.
McCullough, P. and C. Potter (2000). Community Resource Management-One piece of the pie - a discussion paper. First National Conference on Future of Australia's Country Towns.
This paper will focus on how rural southwest Queensland communities have identified integrated resource management as a means to ensure their community is viable well into the future. The main activity for the delivery has been through a sub-catchment action planning process. Sub-catchment action planning considers not only natural resource issues, but embraces the social characteristics and financial implications of local individuals who are involved.
McElfish Jnr, J. M. (1994). "Property Rights, Property Roots: Rediscovering the Basis for Legal Protection of the Environment." Environmental Law Reporter - News and Analysis 24.
McGovern, M. (1999). "On the Importance of Exports to Australian Agriculture." Australasian Journal of Regional Studies 5(2): 229-52.
Agriculture sells mainly to Australians. The importance of exports to Australian agriculture has been regularly overstated. This appears due, in part, to a combination of methodological errors and naïve analysis. The resultant empirical estimates have been highly inaccurate and misleading. Exports, while important, are not dominant to the extent conventionally believed. Widely used, these estimates have significantly distorted both the development of rural and trade policies and the perception of policy options. Given that the conventional wisdom about Australian agriculture is wrong in significant ways, efforts are needed to establish an appropriate, methodologically sound and empirically accurate basis for policies involving agriculture, trade and rural Australian.
McGrath, C. (2002). Synopsis of the Queensland Environmental Legal System. Brisbane, Environmental Law Publishing.
The aim of this book is to provide a synopsis of the Queensland environmental legal system. The diagram in Appendix 1 provides a basic reference point for this. The book begins by explaining what is meant by "the environmental legal system" then examines each limb of the Queensland system: international law; Commonwealth law; Queensland law; and the common law. As the importance of rules and legislation varies depending on the issues and facts involved in any situation, legislation is listed alphabetically following an explanation of the constitutional or conceptual basis of each.
McKeon, G. M. e. a. (2002). Preventing the 9th Degredation episode. Technical Report to the Climate Variability in Agriculture program.
McNeil, K. The Relevance of Traditional Laws and Customs to the Existence and Content of Native Title at Common Law: 67.
Mead, E. (1910). Report on the Control, Conservation, and Use of the Water Resources of Queensland.
Mech, T. "Credible "Clean and Green" - Alternative EMS Options."
Megalogenis, G. (2001). Water licences flow across borders - Saving the Murray River. The AUstralian.
Mercer, G. (2002). Property rights texts. A. Stasi.
Mercuro, N. and W. Samuels (1999). The Fundamental Interrelationships Between Government and Property. Connecticut, JAI Press.
Merritt, R., A. Solager, et al. (2001). Draft Report on the Development of Valuation Methodologies Targeting Salinity and their nexus to sustainability issues. Brisbane, Department of Natural Resources.
Meyers, G. D. (1997). Gone Fishin': Native Title Rights in Australia's Territorial Waters. AIC Conference - Working with the Native Title Act: The Political and Commercial Realities, Brisbane.
In June 1992, the High Court declared in its historic Mabo (No 2) decision that the common law of Australia acknowledged, recognised, and protected the rights of its Indigenous Peoples to occupy and use their traditional lands, waters, and other resources. These rights and interests in land, collectively referred to as "Native Title", comprise a set of unique or sui generis property rigths that include both proprietary and non-proprietary/usufructuary rights.
While it is important to acknowledge that these native title rights need not conform to common law estates in land, it is perhaps, convenient to classify native title rights in terms analagous to common property tenures. Doing so should in no way detract from the viability of native title rights or from the prospect that the common law may protect "novel interests in land... different from common law tenures". Acknowledging that native title rights have their counterparts in common law estates and in land (and resources) may also serve to protect these unique rights by highlighting the fact that "different"rights ought not to be interpreted to mean "inferior" rights.
All the rights and interests in land and waters associated with native title arise from the traditions, customs, laws, and uses of those areas and their resources of the people claiming native title. As noted in an earlier article on Indigenous hunting and fishing rights,
native title may include a full, exlcusive right to occupy a certain lands or it may include a shared right to occupy certain lands; it may also include a lesser right to take a profit from those lands, such as the right to hunt, fish, or gather food from the land; and finally, it may include the right to pass over certain lands to reach important cultural and religious sites.
Millar, J., C. Chew, et al. (2000). Listening to landholders - Community Nature Conservation Market Research. Brisbane, Queensland Parks and Wildlife Service.
A statewide phone survey was conducted in September 1999 to determine landholder issues of importance for nature conservation on rural properties, their information requirements and preferred communication methods. Two thousand rural businesses from a wide range of primary industries across Queensland were contacted, with 716 responses. To develop appropriate communication strategies and provide information to assist other extension programs.
Miller, A. P., Brian (2001). "Market Based Policies for Reducing Sprawl: A Critical Overview." Redefining Progress.
Mines, D. o. N. R. a. (2001). Implementing Natural Resource Management Plans: Ensuring that 'something happens' after a plan is approved. Handbook Of Planning Guidelines: NR&M.
This paper examines the various institutional arrangements and land-related mechanisms available to implement plans for natural resource management in study areas covering many different landholders. The paper has been written for landholders, individuals, community groups and staff of public authorities, including the Department of Natural Resources and Mines, to explain the mechanisms available to ensure that the worthy ideals of a natural resource management plan are actually given effect.
Miscellaneous Property Rights and the Environment.
Mohr, R. (2002). Making money out of thin air: tunes into a battle between culture and economics. The Australian Financial Review.
Moran, A. (2000). Public Good Conservation - Impact of Environmental Measures Imposed on Landholders. Submission to the House of Representatives Standing Committee on Environment and Heritage Enquiry. I. o. P. Affairs. Melbourne, Institue of Public Affairs Ltd.: 1-10.
Morgan, M. Natural Resource Planning and the Public and the Private Interest.
Morgan, M. (2000). "The Mabo of the Seas". Brisbane, Queensland University of Technology.
Morgan, M. (2000). "Native Title and Inland Waters." Indigenous Law Bulletin.
Morgan, M. F. (2002). Background Introductory Paper - Natural Resource Planning and the Public and the Private Interest. Brisbane, Department of Natural Resources and Mines.
Morris, S. (1983). Land Aquisition and Compensation.
Morse, C. (2002). States now the key to property rights. Rural Press Ltd.
Morse, C. (2002). NFF drafts property rights code. Queensland Country Life: 11.
Mortiss, P. (1993). Extension for rural change. Brisbane, Queensland Department of Primary Industries.
Moss, W. (2002). Why the Property Rights Debate is holding back Reforms: A case for a focus on structural adjustment.
Motavalli, J. e. a. (1999). Environmental Taxation. E Magazine: 10-13, 29-34.
Muir, E. (1966). Inquiries into Matters concerning the valuation of lands in Queensland, Chief Commissioner of Lands.
Mulrennan, M. E. and C. Scott, H. (2000). "Mare Nullius: Indigenous Rights in Saltwater Environments." Development and Change 31: 681-08.
This article uses two case studies to illustrate the subjection of indigenous peoples' marine territories to a "double jeopardy" of exclusion - jurisdictional and proprietary - through the legal and administrative practices of European "settler" states in Australia and Canada. While the fiction of terra nullius as a legal rationale for refuting indigenous rights of property and government has steadily eroded in recent decades, its counterpart mare nullius has proven, so far, more resistant. The authors examine how state conception of jurisdiction, property and boundary making in coastal areas accomplish the distortion and fragmentation of the coastal and marine spaces of Torres Strait Islanders in northern Queensland, Australia, and of the Cree and Inuit peoples of James and Hudson Bays in northern Quebec, Canada. Assumptions of land-sea continuity underlie these peoples' cultural constructions of coastal and marine environments. In examining the progress that each has made in reasserting ownership and control of coast and sea, it seems that recognition and reinforcement of their institutions for managing marine spaces and resources offer the best prospect for reconnecting fractured jurisdictional domains, and for bringing about social equity, environmental protection, and self-determined regional development.
Mulsow, T. A. (1975). Allodialism - The Ownership of an Estate. The Pure Philosophy of Economy - the Case for a Non-Reciprocal System. New York; USA, Exposition Press.
Murphy, K. (2001). Farmers try to dam the stream of water policy. The Australian Financial Review.
Murphy, K. (2002). No plans to water down NFF stand. The Australian Financial Review: 11.
Nahan, M. (2003). Taking Property Rights Seriously: Property Rights and Regulatory Takings. 2003: 1-7.
Nancarrow, B. and G. Syme (1999). "You Can't Buy a River." Rivers for the Future(Summer): 18-9.
NCC Water Property Rights.
NCC (2001). Water Property Rights.
NCC (2001). When the people lead. The Nature Conservation Council of NSW.
NCP, A. (2001). Allocation and trading. Water: Queensland?: 72 - 86.
Neate, G. (1999). Indigenous Land Use Agreements - What Certainty for Pastoralists?, The Pastoralists' & Graziers' Association of WA.
Neate, G. (2002). Advance Australian fairer with Mabo's legacy. The Courier Mail.
NEDO, N. E. D. O. (2002). I can see clearly now... land clearing and law reform.
Nelson, G., V. Harris, et al. (2001). "Deforestation, Land Use, and Property Rights: Empirical Evidence from Darien, Panama." Land Economics 77(2): 187-05.
Economic conventional wisdom suggests that providing land users with more secure property rights will result in more sustainable land use and less deforestation. In this paper, we use spatial econometric techniques to evaluate quantitatively the effect on land use of designated property rights in three parts of Darien province - a national park where no human activity is proposed to occur, and two reserves for indigenous peoples. Results suggest that legal property rights for an indigenous population can influence land use. Geography appears to be more important than legal protection for the national park.
Newman, P. e. (1998). The New Palgrave Dictionary of Economics & Law., Macmillan.
NFF (2001). National Party Delivers on Property Rights. Sydney, National Farmers Federation.
NFF (2002). Draft Policy Position Paper: Property Rights.
NFF (2002). Property Rights Position Paper, NFF.
Nolan, K. (2000). "Youth poll puts environment in the lead." Habitat Australia 28(2): 12.
Norris, R. H., P. Liston, et al. (2001). Snapshot of the Murray-Darling Basin River Condition. Canberra, Murray-Darling Basin Commission.
NSW, C. E. G. (2002). Paths to a Green Economy. Pre-Budget Submission to the NSW State Government.
NSW, N. C. C. o. (2002). Exploring the Interaction Between the Environment, Economics & Society. Future Scape 2002.
Oberhardt, M., E. O'Dwyer, et al. (2002). Judges say landholder's rights trampled. The Courier-Mail. Brisbane.
O'Connor, B. (2002). Review of Valuation Cases 2001-2002: Australian Property Institute - Property Law Conference. Brisbane.
O'Connor, M. (1998). Review by John Coulter of 'This Tired Brown Land, Duffy and Snellgrove.
OECD (2001). Policies to Enhance Sustainable Development.
O'Faircheallaigh, C. (1998). "Process, Politics and Regional Agreements." Land, Rights, Laws: Issue of Native Title(5).
O'Malley, B. (2002). State may buy into prime cotton farm. Courier Mail. Brisbane: 6.
O'Malley, M. (2002). Land for Wildlife.
O'Neill, J. (2001). "Property, care, and environment." Environmental and Planning C: Government and Policy 19: 695-711.
Oregon, T. U. S. G. i. (2001). Oregon Measure 7.
Ortiz-Miranda (2004). The Role of Agri-Environmental Measures in the Definition of Property Rights. Role of Institutions in Rural Policies and Agricultural Markets. V. Van Juylenbroeck, Lauwers, Esevier: 335-347.
Panayotou, T. (1994). "Conservation of Biodiversity and Economic Development: the Concept of Transferable Development Rights." Environmental and Resource Economics 4: 91-10.
For ecological and economic reasons it is more cost effective to conserve habitats rather than species, and hence biodiversity conservation becomes a land use issue. Since in developing countries, land is the most important productive asset, the opportunity costs of conservation are forgone development, while the benefits from conservation are distant and largely external to the host country. The concept of transferable development rights (TDRs), which has been extensively applied to conservation of historical buildings in urban areas, is extended and adapted here to the conservation of biodiversity, both within a country and globally. Creation of a market for TDRs makes effective the latent demand for and supply of biodiversity conservation and generates benefits for both the supplier (developing countries) and the demander (developed countries). The paper explores the conditions and public interventions necessary for the creation of an active market for TDRs. It also proposes a number of mechanisms such as credits and offsets for purchase of TDRs against domestic regulations and conservation taxes in the developed countries.
Pannell, D. J. (2001). Explaining Non-Adoption of Practies to Prevent Dryland Salinity in Western Australia: Implications for Policy. Land Degradation. A. J. Conacher. Netherlands, Kluwer Academic Publishers: 335-46.
In agricultural regions of Western Australia in the coming decades, dryland salinity will result in the loss of millions of hectares of productive agricultural land, will severely affect native vegetation and fauna, will continue to salinise almost all waterways and lakes, and will cause great damage to roads, buildings and other infrastructure. Scientists believe that to avert (or even to significantly reduce) this disaster, very large areas of current agricultural land would need to be converted to perennial plant species, either trees or perennial pastures. Although the farming community in Western Australia has become much more aware of issues of natural resource conservation in the past two decades, its response so far to the salinity problem has been on a scale which is orders of magnitude smaller than recommended by scientists. This paper explores reasons for this, based on empirical and theoretical literature concerned with adoption of innovations, decision making under uncertainty, the value of information, the economics of farm management, the theory of market failure, and transaction costs. Lack of awareness of salinity is probably not a major factor explaining slow and low adoption of the recommended practices. Rather, the major factors relate to the economic costs and benefit of current treatment options, the difficulties of trialing the options, long time scales, externalities, and social issues. This combination of factors means that the problem in many regions is extremely adverse to rapid adoption, probably more so than for any other agricultural issue in Australia. In other words, farmer reluctance to adopt the radical changes being recommended is completely understandable and, indeed, reasonable from the farmers' perspectives. Current policy measures and extension programs are doing little or nothing to change the underlying causes of non-adoption. Measures that would begin to do so are urgently needed. The top priority should be investment to develop new, profitable, perennial-plant based agricultural systems, but this area has, up to now, received relatively little funding.
Pannell, D. J. (2001). "Harry Potter and the Pendulums of Perpetual Motion: Economic Policy Instruments for Environmental Management." Connections - Farm, Food and Resource issues(Summer).
There was a time, not so long ago, when "economics" was something of a dirty word in environmental circles. In Australia during the 1990s, the "landcare" movement brought a new emphasis on sharing and caring rural communities making generous sacrifices for the good of each other and of the whole community. Perhaps this contributed to the negative attitude towards economics, tainted as it is with some unsavoury human qualities - greed, selfishness, narrowness and hard-heartedness!
Pannell, D. J. (2001). Public Funding for Environmental Issues: Where to Now? SEA Working Paper 01/12, Sustainability and Economics in Agriculture.
"The momentum behind ever increasing salinity budgets appears to be irresistible. We need to start spending the money sensibly, so that the new money is not spent as unproductively as the old money." (Pannell, 2000a)
"A large expenditure of public funds for salinity can easily be justified on the basis that, if it is well spent, it will avoid substantially greater public costs in the near and distant future. Unfortunately, it would also be easy to spend the funds in a way that has virtually no sustained benefit. Providing public funds as subsidies to farmers for measures that are not effective will not only be wasteful, but also morale sapping for the farmers. We have also tended to devote too many resources to activities intended to inform and persuade farmers to adopt new farm practices, before we have developed practices that are suitable for them to adopt." (Pannell, 2000b)
"If we can learn anything from our experiences with the decade of Landcare and the first five years of the Natural Heritage Trust, it is that we must not confuse activity with effectiveness." (Tom Hatton, CSIRO, quoted by Frost et al., 2001)
"It is clear that the scope for economic instruments to make a positive difference is limited. This is because the on-farm economics of treatments are mostly adverse and the off-farm benefits per hectare of on-farm treatment are mostly small." (Pannell, 2000c)
"The two most important broad areas of change … are (a) better targeting and more rigorous analyses of proposed public investments, and (b) a greater emphasis on the development of technologies, both for salinity prevention (e.g. perennial plants, engineering methods) and adaptation to a saline environment (e.g. salt-tolerant plants, engineering, commercial use of saline water resources)." (Pannell, 2001b)
Pannell, D. J. (2001). Harry Potter and the Pendulums of Perpetual motion: Economic Policy Instruments for Environmental Management, Agricultural and Resource Economics - University of WA.
Paper, I. C. S. R. (1997). Role of Economic Instruments in Managing the Environment. Canberra, ACT.
Paper, I. C. S. R. (1997). Policies and Practices of Australian Governments. Canberra, ACT.
Parker, S. and L. Hinrichsen Resource Security versus Adaptive Management: the Queensland Water Act 2000, Department of Natural Resources and Mines.
Parkinson, B. and G. Wolff (2000). Employment, environmental taxes, and income taxes by Nada Eissa, Richard Blundell and Laura Blow. California, Redefining Progress.
Paterson, D. (2002). Trawler seeks $250m. The Cairns Post: 006.
Paterson, D. J. (1988). Review of Reforms in the Water Industry. Background Paper No5 - Water Rights and the Law in NSW.
Pearce, D. and D. Moran (1994). The economic value of biodiversity. London UK, Earthscan Publications Ltd.
Perkins, I. and L. Hancock (2002). People and Land Project.
Peterson, T. R. and C. C. Horton (1995). "Rooted in the Soil: How Understanding the Perspectives of Landowners Can Enhance the Management of Environmental Disputes." The Quarterly Journal of Speech 81(2): 139-66.
Phelps, M. (2000). Douglas: The future is green. Queensland Country Life. Brisbane: 9.
Phelps, M. (2002). How Qld tree clearing will be banned. Queensland Country Life. Queensland: 3.
Phelps, M. (2002). Dirranbandi: Faith in Beattie Govt shattered. Qld Country Life: 4.
Phelps, M. (2002). Beattie's credibility crisis. Qld Country Life: 9.
Phelps, M. (2002). Native Title confusion reigns. Queensland Country Life: 7.
Plantico, R. C. "A Property Rights Strategy for Protecting the Environment: a comment on Stroup and Goodman." Harvard Journal of Law and Public Policy 15(2): 455-466.
Policy, L. I. o. L. (2002). Access to Land by the Urban Poor.
Poteri, V. (1998). Water Law memo. Brisbane, Department of Natural Resources and Mines.
Price, R. e. (1996). Sustainable Management of Natural Resources: Who Benefits and Who Should Pay? Occasional Paper Series 01/96. Canberra, Land and Water Resources Research and Development Corporation.
Priebbenow, R. J. (2001). Discussion Paper: Categorisation of Tenure, Estates and Interests in Land in Queensland. Brisbane, Department of Natural Resources and Mines.
Program, R. p. p. f. S. a. I. R. Community Participation in Australian Natural Resource Management., Land and Water Australia.
This project explores the accuracy of the assumptions and establishes the current state of participatory processes in NRM in Australia. The researchers identify a series of good practice principles and critical issues, and map out new dimensions and emerging issues in NRM. The assumptions are: that better participation in NRM will lead to better resource management; that communities are able to engage voluntarily in NRM; that local communities are seeking increased power in decision-making and that participation is a means to achieve an end to empowerment and greater social practice.
Project, B. P. (2002). The Treaty Initiative to Share and Protect the Global Water Commons.
Project, E. S. Natural Assets. An Inventory of Ecosystem Goods and Services in the Goulburn Broken Catchment, CSIRO.
QFF (2002). Rural Debt Survey 2002. QFF Weekly Bulletin.
QFF (2002). "Salinity Hazard Map Released." Queensland Farmers' Federation Weekly Bulletin.
QFMA (1997). "Technical Working Group on Compensation/Adjustment to the Dugong Protected Areas Advisory Committee."
Queensland, G. o. (2002). Mining and other projects/Native Title Claims, Department of the Premier and Cabinet.
Queensland, G. o. (2002). Planning Matters.
Queensland, T. G. (2001). Aboriginal Cultural Heritage Bill 2001.
Queensland, T. S. o. (2001). Managing State Rural Leasehold Land: a discussion paper. Brisbane, Department of Natural Resources and Mines.
Qureshi, E. and S. Harrison (2002). "Economic instruments and regulatory approaches in implementing riparian revegetation options: Observations of the Queensland system." Australian Journal of Environmental Management 9(2): 89-98.
Radford, T. (2002). Amassing wealth comes naturally. The Age.
Randall, A. (2000). The Enlightenment. Property Rights, Economics, and the Environment. I. 467. Stamford, JAI Press Inc.
Redefining, P. (2000). "Tax." Redefining Progress.
Rees "Draft Report Impacts of Native Vegetation and Biodiversity Regulations" - Comment: 10.
Reeve, A. (1986). Property. London, Macmillan Education Ltd.
Property is a fundamental institution of social life and a society's system of property relations is integrally related to its economic, political and legal arrangements. Consequently, property is, and always has been, a central subject for political theorists.
In this wide ranging study, Andrew Reeve examines the many controversies to which property has given rise. He shows that the institution of property is both more complex and more diverse than is generally acknowledged and that full account must be taken of those features in understanding and evaluating property in both its past and present forms. Among the many issues which he examines are the relation of property to power and liberty, the link between production and rights of ownership, and questions posed by the persistence of property throught time such as the justification of rights of inheritance and our obligations to future generations.
Reeve, I. (1999). "Tiptoeing round the Slumbering Dragon: Property Rights and Environmental Discourse in Rural Australia." unpublished.
Reeve, I. (2002). Occasional Paper, Property Rights and Natural Resource Management. Armidale, Institute for Rural Futures, UNE.
Reeve, I. (2002). Tiptoeing round the Slumbering Dragon: Property Rights and Environmental Discourse in Rural Australia, UNE: 23.
Reid, R. (2002). Cape crusaders. The Courier-Mail. Brisbane: 32.
Shelburne Bay; leasehold;
Resources, D. o. N. (1997). Property Rights in Water in Queensland - a Draft Policy Paper, Ministerial Resource Management Advisory Council.
A public information paper 'Water Allocations and Entitlements, a National Framework for the Implementation of Property Rights in Water' released nationally by the Agriculture and Resource Management Council of Australia and New Zealand in October 1995 explored the principles for establishing a strategic framework for developing and implementing tradeable property rights in water.
This draft policy paper sets out the proposed policy for the definition, holding and implementation of property rights in Queensland. It has been prepared for consultation with stakeholders.
Revkin, A. (2002). Future bleak despite progress, UN says. The Age. Melbourne: 20.
Richardson, G. (1990). "Where There is a Will, There is a Way." Canberra Bulletin of Public Administration 62: 13-18.
Rickson, R. E. (1990). "Environmental Awareness, Institutional "Gaps" and Public Decision-Making." Canberra Bulletin of Public Administration 62: 44-6.
Ridge, K. (2002). "Conservation Economics - Exploring Options." Environment NSW.
Riley, L. (1991). Customary Law Issues. Aboriginal Customary and Australian Law.
Robinson, C. and D. Mercer (2000). "Reconciliation in troubled waters? Australian oceans policy and offshore native title rights." Marine Policy 24(4): 249-60.
In Australia, responsibilities for sustainable management of the surrounding oceans and for reconciliation with Indigenous people are currently both high on government policy agendas. This paper critically evaluates how these two related areas of policy development interact in Australia's offshore zone. 1988 saw the passage of the Native Title Amendment Act as well as the publications of a series of discussion papers outlining a framework for an emerging oceans policy. International developments at the interface between Indigenous rights and sustainable development are discussed as is the current "backlash" against demands from Indigenous groups for native title in the offshore zone. Comparisons with recent developments in Canada are highlighted. Ó 2000 Elsevier Science Ltd. All rights reserved.
Robinson, J. (2002). "Economic Instruments."
Robinson, J. and S. Ryan (2002). A Review of the Economic Tools for Environmental Planning: the regulatory framework, current applications and potential for addressing water quality issues in SE Qld, Coastal CRC.
Robson, C. (2001). Water Compensation. V. Poteri.
Rolfe, J. (2001). Proposal for Natural Resource trading models in Central Highlands. Emerald, Central Queensland University. Report prepared for CHRRUP.
Rolfe, J., R. Blamey, et al. (2000). "Valuing the Preservation of Rangelands: Tree Clearing in the Desert Uplands Region of Queensland." Rangeland Journal 22(2): 205-19.
Tree clearing to improve pasture production for beef cattle is becoming more commonplace in the rangeland zone in Queensland. In parts of the Desert Uplands region of Central Queensland, current clearing rates are among the highest in Australia. The state government, in granting permits for clearing, has to balance the improved production benefits, accruing mostly to pastoralists, against the biodiversity losses, which are borne more widely by Australian society. In the current debate over clearing restrictions, little information exists about the values that society may hold for the preservation of the rangelands. To address this deficiency, a choice modelling study was undertaken to provide estimates of the benefits of retaining remnant vegetation that are appropriate for inclusion in a benefit cost analysis of tighter clearing restrictions. Attributes included in the choice model were reductions in the population size of non-threatened species and unique ecosystems, the number of endangered species lost to the region, and changes in regional income and employment. The benefits estimated for individual attributes, and for some more restrictive policy settings are reported.
Rothschild, M. (1996). How the West Lost Russia. Upside Magazine.
Runge, C. F. (1999). The Congressional Budget Office's 'Regulatory Takings and Proposals for Change': One Sided and Uninformed. Georgetown, Georgetown Environmental Law and Policy Institute.
Russell, P. (1988). Psychological Roots of the Environmental Crisis.
Rypkema, D., D. (2001). Property Rights and Public Values.
Lecture Series about Smart Growth
Sanders, R. (2002). Quest 2025.
Sanders, R. (2002). Guiding Principles for Investment in Natural Resource Management. G. Edwards. Adelaide.
Sanderson, D. (2002). Ascertaining Community Perspectives. Brisbane, Department of Natural Resources and Mines.
This paper will focus on communication/consultation processes and levels of trust between rural landholders and the State Government. It will discuss the way in which stakeholders communicate with one another and with government and how government can communicate more effectively with them.
The paper will seek to demonstrate that there are ways of minimising mistrust and that such actions will lead to better outcomes with regard to natural resource management (NRM), stakeholder empowerment, goodwill and an effective policy development/review process with ecologically sustainable development principles in mind.
A number of views regarding the effectiveness of stakeholder communication channels will be examined, to determine if there is a breakdown in the way that rural landholders communicate and whether this impacts on how Queensland's vegetation management agenda is viewed by different groups. Vegetation management initiatives have arisen in response to the need to protect biodiversity, water quality, to reduce salinity and to curb the present rate of tree clearing in Queensland. A position will be advanced, concerning ways of improving communication and how these can lead to better outcomes for the community and the environment alike.
Schleuning, N. (1997). To Have and To Hold - the Meaning of Ownership in the United States. Westport, Praegar Publishers.
Schlinker, D. R., Mark & Loon, Astrid (2000). Environmental Taxation, Queensland Treasury.
Schwartz, J. and R. Brauneis Takings. Georgetown, Georgetown Environmental Law & Policy Institute.
Scott, A. Evolution of Individual Transferable Quotas as a Distinct Class of Property Right: 51-65.
Scott, A. (2000). The Dissemination of the Results of Environmental Research - A Scoping Report for the European Environment Agency. United Kingdom, Science and Technology Policy Research, University of Sussex: Brighton.
This report reviews relevant knowledge and identifies issues for consideration in implementing the European Environment Agency's new mission to facilitate the dissemination of policy-relevant environmental scientific research. It begins by examining and analysing literature relating to research-policy interactions, primarily from the social sciences; it then relates experiences from disseminating the research of the UK Global Environmental Change program. After summarising existing European environmental research and dissemination efforts, it concludes by offering recommendations to the European Environment agency on how to proceed with its mandate.
Sened, I. (1997). The Political Institution of private property. Cambridge, University Press.
Senior, C. (1998). The Yandicoogina Process: A Model for Negotiating Land Use Agreements, Australian Institute of Aboriginal and Torres Strait Islander Studies.
Shackleton, S., C. Shackleton, et al. (2000). "Re-valuing the Communal Lands of Southern Africa: New Understandings of Rural Livlihoods." Overseas Development Institute(62).
Sharp, N. (1993). Divine Wrath and Utopian Promise: The coming of the light. Stars of Tagai - The Torres Strait Islanders. Canberra, Aboriginal Studies Press.
Sharp, N. (2000). "Following in the Seamarks? The Salt Water Peoples of Tropical Australia." Indigenous Law Bulletin 4(29): 4-7.
Sheehan, J. (2000). Compensation for the Taking of Indigenous Common Property: the Australian Experience. Eighth Biennial Conference of the International Association for the Study of Common Property "Constituting the Commons: Crafting Sustainable Commons in the New Millenium, Indianna University, Bloomington Indianna.
Indigenous common property rights and interests and the associated traditional land use management systems have proved to be much more environmentally appropriate, multi faceted, and capable of survival than originally predicted. Indeed, Western spiritual and cultural value systems, and especially "scientific" land management techniques, have exhibited far less resilience and appropriateness.
In the face of mounting evidence of the environmental and climatic impact of Western approaches to property resources, there is an increasing recognition of the need to introduce regimes of property titling and land use management which meld those most evidence desirable features of Western and indigenous approaches.
Concomitant with this change in attitude towards property rights, there has been an increasing recognition in common law countries such as Australia, that when indigenous common property resources are expropriated by the state, compensation must address the full range of losses born by indigenous people. To do otherwise, would expose the state to claims of racial discrimination counter to international obligations such as the United Nations Draft Declaration on the Rights of Indigenous Peoples.
Nevertheless, the assessment of compensation for the diminution, impairment or extinguishment of indigenous common property resources has proved to be a chimera, for Australian valuation law and practice. It is alleged in some quarters that fundamental compensation issues have stubbornly resisted resolution because of the communal nature of many indigenous property resources. The alleged conceptual difficulties have often been identified as an obstacle to the assessment of fair and just compensation, and of course a hindrance to the panacea of Western style economic development in Australia.
This pattern is repeated in many other states in the South Pacific, such as Papua New Guinea and Kiribati.
The conceptual framework within which compensation has evolved in anglo-Australian land law paradoxically offers significant hope for the development of a methodology which permits the assessment of compensation for the losses born by indigenous people when their common property resources are partially or wholly expropriated. The landmark Mabo decision of the High Court of Australia was a watershed in the development of a homegrown land law in Australia.
As a result, there has been a wide-ranging academic and professional review of many areas of land administration practice, especially land use regulation and, the closely related issue of compensation. Current developments in the area of Australian valuation law and practice show that the right to "just terms" compensation enshrined in the Australian Constitution has its genesis in the American Fifth Amendment. Such a heritage has provided guide posts for the development of a more cultural appropriate and inclusive approach to the assessment of compensation for indigenous common property resources.
The paper describes groundbreaking research work in this area, which provides hope for a fairer and more just approach to compensation.
Sheehan, J. (2000). "Assessing Compensation for Native Title: a Valuation Perspective." Pacific Rim Property Research Journal 6(1): 43-56.
This paper draws partly upon a presentation by the author at the 1999 Aboriginal Land Tenure Summer School, University of Adelaide on 18th February, 1999, and upon research undertaken for the Professional Certificate in Native Title and the Anthropology of Aboriginal Land Tenure, awarded by the Department of Anthropology, University of Adelaide.
The paper extends the author's earlier work published in two Review papers on aspects of the highly topical subject of native title. In this article, indigenous values and anglo-Australian are contrasted, which - in turn - lead to discussion on the vexed issue of just how losses arising from extinguishment or impairment of native title might be assessed. He highlights the need for an accommodation between post-contact land law and the indigenous legal system if indigenous people are to receive "just terms".
Sheehan, J. (2000). Water Reforms. Brisbane, Australian Property Institute.
Sheehan, J. (2001). "Indigenous Property Rights and River Management." Water Science and Technology 43(9): 235-42.
The presence of indigenous property rights and interests' arising from the survival of native title in Australia presents unique issues in the management of rivers and riverine lands. Existing common law and statutory tidal and non-tidal rights are a complex overlay of public and private property rights which are themselves undergoing significant change through the commodification of many natural resources by Commonwealth and State governments, such as marine species stock and non-tidal water. The melding of indigenous values and management practices with existing management regimes for rivers and riverine lands offers considerable potential for both sustainability of resource utilisation, and respect and recognition of native title with resultant predicted benefits in the vexed area of compensation.
Sheehan, J. (2001). Indigenous Property Rights, National Native Title Spokesperson.
Sheehan, J. (2002). "Understanding Spiritual and Cultural Attachment." The Bulletin(Jan-Mar): 4.
Sheehan, J. (2002). "The race for relevance: some introductory thoughts on compensation for native title." Australian Property Journal: 15-22.
Sheehan, J. (2002). Indigenous Water Property Rights: An International Perspective. Brisbane.
Sheehan, J. and G. Small (2002). Towards a Definition of Property Rights. Pacific Rim Real Estate Society conference, Christchurch, New Zealand.
Shelton, D., S. Cork, et al. (2001). Application of an ecosystem services inventory approach to the Goulburn Broken Catchment. Third Australian Stream Management Conference, Brisbane.
Sher, J. P. and K. R. Sher (1994). "Beyond the Conventional Wisdom: Rural Development as if Australia's Rural People Really Mattered." Journal of Research in Rural Education 10(1): 2-43.
Sherwin, C. (2000). House of Representatives Standing Committee on Environment and Heritage. Inquiry into Public Good Conservation - Impact of Environmental Measures Imposed on Landholders, Australian Conservation Foundation.
Shulman, A. D. and R. J. e. Price (1999). Case studies in increasing the adoption of Sustainable Resource Management Practices. Occassional Paper 04/99. Canberra, LWRRDC.
Siebert, E., D. Young, et al. (2000). Market-based opportunities to improve environmental flows - a scoping report. South Australia, CSIRO Land and Water. Policy and Economic Research Unit for Environment Australia.
Promote discussion relating to the trading and banking of environmental water allocations.
Siebert, E., M. Young, et al. (2000). Exposure Draft Guidelines for Managing Externalities. Adelaide, High Level Steering Group on Water, CSIRO Land and Water.
Sigmund, K. F., Ernst & Nowak, Martin (2002). "The Economics of Fair Play." Scientific American.
Simpson, R. (1999). "Life is too short to run at 2,400bps". The Farmwide Online services Pilot Project., Farmwide Pty Ltd.
This document reports on the results of the Farmwide Online Services Project - a trial of 1,000 Australian farm families' use of online services conducted from June 1996 until June 1998. FOSP was established in the context of widespread optimism about the capacity of online services, specifically the Internet, to provide tangible economic and social benefits, particularly to those disadvantaged by their distance from major population and commercial centres. The project was also conducted in response to a lack of available data on the demand for online services and the capacity of the existing infrastructure to carry data traffic, in rural and regional areas.
Singer, J. W. (2000). The Edges of the Field - Lessons on the Obligations of Ownership. Boston, USA, Beacon Press.
Singer, J. W. (2000). Entitlement: The Paradoxes of property.
Sjaastad, E. B., Daniel (1997). "Indigenous Land Rights in Sub-Saharan Africa: Appropriation, Security and Investment Demand." World Development 25(4): 549-62.
Skitch, R. F. (2000). Encouraging Conservation through Valuation Volume 1. Brisbane, Department of Natural Resources.
Slocombe, S. D. (1993). "Environmental Planning, Ecosystem Science, and Ecosystem Approaches for Integrating Environment and Development." Environmental Management 17(3): 289-303.
Small, G. The Common Law: 64-7.
Small, G. (1997). A Comparitive Analysis of Contemporary Native and Anciet Western Cultural Attitudes to Land, University of Technology, Sydney.
Small, G. (2001). "Past provides the future key to major contemporary issues." Australiain Property Journal: 739 - 749.
Small, G. R. (1997). "A Cross Cultural Economic Analysis of Customary and Western Land Tenure." The Valuer and Land Economist: 617-625.
Smith, D. (2001). Native Title compensation: The Multiple pathways, perspectives outcomes under the native title act 1993, Centre for Aboriginal Economic Policy Research.
Smith, D. (2001). Valuing Native Title: Aboriginal statutory and policy discourses about compensation, Centre for Aboriginal Economic Policy Research, The Australian National University: i - 57.
Smith, S. (1998). Water Reforms in NSW.
Smyth, D. (2000). "Fishing for Recognition: The Search for an Indigenous Fisheries Policy in Australia." Indigenous Law Bulletin 4(29): 8-10.
South East Queensland Regional Water Quality Management Strategy & Cooperative Research Centre for Coastal Zone, E. a. W. M. (2002). Economic Tools Reducing/Managing Rural Runoff. Development of a Framework for the Integration of Catchment, Waterway and Coastal Science into Planning. Workshop Minutes; Environmental Planning Project (Phase 1, Part 2) Workshop No. 2, Brisbane.
Sperling, K. (1997). "Going Down the Takings Path: Private Property Rights and Public Interest in Land Use Decision-Making." Environmental and Planning Law Journal(December): 427-435.
The facilitation of private property rights has traditionally been at the centre of our legal system. This philosophy has now been further entrenched in Australia following a recent decision of the High Court, which resembles the "takings" decisions of the United States Supreme Court. Such an approach to land use law presents real obstacles to the achievement of ecologically sustainable development. Mechanisms must be derived and incorporated in land use decision-making which resolve conflict between public interest and private property rights. Unless the exercise of private property rights is made subject to public interest land stewardship ethic, ecologically sustainable land use will not be achieved.
Stasi, A. (2002). Session Notes. Land Clearing and Law Reform Conference, Sydney.
Steering, C. (2000). Managing Natural Resources in Rural Australia for a Sustainable Future: a discussion paper for developing a national policy, ARMCANZ & ANZECC.
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Stephens, M. (1999). "Barons of the Bush. How sacred is land ownership." Australian Farm Journal.
Stephens, S. (2001). Schemes supporting nature conservation on private land - State by State, Bush for Wildlife National Coordinator.
Stilwel (2004). The Political Economy of Land: Putting Henry George in His Place. The Third Australian Society of Heterodox Economists Conference, University of New South Wales.
Stirling, R. e. (2002). Land and Water News: an Independent, Monthly News Round-Up.
Stone, C. D. (1972). Should Trees Have Standing? Towards Legal Rights for Natural Objects. California, William Kaufmann Inc.
In this book, Professor Stone traces the development of the idea of legal rights, reminding us that children, old people, women, aliens, and "minorities" have been treated as without rights in many societies throughout human history. Although each new movement of confer rights on some new "entity" may have seemed "odd or frightening or laughable" at the time, Stone points out that legal rights have been extended and previously rightless people (and things) have come to be recognised and valued for themselves. He then develops his thesis and proposal that we give legal rights to "natural objects" in the environment - and to the natural environment as a whole.
Strahan, R. Economic Development in Rural Communities.
Strang, V. "Showing and Telling: Australian Land Rights and Material Moralities." Journal of Material Culture 5(3): 275-99.
Strutt, S. and S. Wisenthal (2002). A Caning for sweet nothing. The Australian Financial Review. Brisbane: 80.
Sturgess, G. W., Michael (1993). Water Rights in rural New South Wales, Australia Print Group.
Sub-Committee, L. Property Rights in a State of Ebb and Flow in the Coastal Zone: 1-17.
Sullivan, E. (2001). "Measure 7 and the Politics of Land-Use Planning in Oregon." Land Use Law & Zoning Digest 53(6).
Sullivan, W. C., F. E. Kuo, et al. (1996). "Assessing the Impact of Environmental Impact Statements on Citizens." Environmental Impact Assessment Review 16(3): 171-182.
Sullivan, W. C., F. E. Kuo, et al. (1997). "Communicating with Citizens: the Power of Photosimulations and Simple Editing." Environmental Impact Assessment Review 17(4): 295-310.
Surveys, C. (2002). Land Market Reform Project Stage One.
Susskind, L., M. van der Wansem, et al. (2000). Mediating Land Use Disputes. Pros and Cons. Massachusetts, Lincoln Institute of Land Policy.
Sutherland, J. (1996). Fisheries, Aquaculture and Aboriginal and Torres Strait Islander Peoples: Studies, Policies and Legislation. Canberra, ACT, Environment Australia.
Sutherland, J. (1997). "Emerging New Legal Standards for Comprehensive Rights." Environmental Policy and Law 27(1): 13-30.
Sutton, P. (2002). Macroeconomic indicators for triple bottom line [greenleap]. G. Edwards.
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Tan, P.-L. The changing concepts of property in surface water resources. Brisbane, Faculty of Law, Queenland University of Technology.
Tan, P.-L. (1999). "Water Licences and Property Rights: The legal principles for compensation in Queensland." Water(Nov/Dec): 34-37.
The management of Australian water resources is undergoing reform on a scale not seen since the late 19th century. Commonwealth and state governments have jointly formulated policy at a series of Council of Australian Government (COAG) meetings held during the early and mid nineties. Establishing market tradeable water entitlements is one of the key planks in the COAG reforms. Calls for compensation have been made by irrigator groups who fear that the volume of water currenly available to farmers will be decreased when transferable water entitlements are formulated.
In March 1999 the Queensland Government announced water compensation principles which depend on a comprehensive basin-wide Water Allocation and Management Plan (WAMP) being completed. Debate about compensation is often confused over legal issues. This article examines whether there is a legal basis for compensation to be paid on conversion of water licences to transferable water entitlements and upon review of those entitlements. It is written in the context of Queensland, but the principles discussed apply to other states as well.
Tannock, P. (2002). Managing State Rural Leasehold Land. Brisbane.
Thomas, J. Valuing the costs and benefits of water use, www.nlwra.gov.au. 2002.
Thomson, M. (2002). Irrigators question water availability claims. Qld Country Life: 6.
Thomson, M. (2002). Capella Family fightsfor its farm "castle". Queensland Country Life: 4-5.
Tideman, N. e. (1998). "Gained and defended by force: the origin of property in land." Progress: the Journal of Tax Reform Australia(1029): 3.
Tisdell, C. (1998). "Economic Policy Instruments and Environmental Sustainability: Another Look at Environmental-Use Permits." Sustainable Development 6: 18-22.
Tisdell, C. and S. Harrison (1999). "Compensation for Taking of Natural Resource Interests: Principles and Practices in Recent Queensland Cases." Australian Journal of Environmental Management 6(June): 99-108.
Designation of new protected areas, introduction of new environmental regulations and resumption of land for infrastructure development lead to expropriation of natural resources or limitations on private property rigths. 'Takings' by government may be justified when the social gain exceeds the private loss. Important issues then arise as to compensation policy. This article examines the economic aspects of takings and limitations of property rights to natural resources. Compensation decisions by government with respect o three case studies in Queensland are reviewed. The nature and extent of compensation varied widely in these cases, and lack of clearly enunciated policies by government is apparent. It is probably impractical for government to set out clear guidelines to compensation for the takings of resource interests, although some reduction in uncertainty appear to be desirable.
Tisdell, J., J. Ward, et al. (2002). The Development of Water Reform in Australia. Technical Report 02/5, Cooperative Research Centre for Catchment Hyrdrology.
Tisdell, J. W., John & Grudzinski, Tony (2002). The Development of Water Reform in Australia, Cooperative Research Centre for Catchment Hydrology.
Treanor, W. M. The Original Understanding of the Takings Clause. Georgetown, Georgetown Environmental Law & Policy Institute.
Trebilcock, M. (1997). What Makes Poor Countries Poor? The Law and Economics of Development. I. 074. London, JAI Press Inc: 15-21.
Truss, W. and D. Kemp (2002). Joint Statement: Applying economics to natural resource management, Agriculture, Fisheries and Forestry Agency and Department of Environment and Heritage.
Uhlig, R. (2001). Farmers face Big Brother link to Whitehall.
University, M. L. R. (2002). One Step Forward and Two Steps Back: Native Title and the Bundle of Rights Analysis, www.austlii.edu.au. 2002.
van Bueren, M. Scope & dimensions of the property rights debate.
van Bueren, M., C. Binning, et al. (2002). Marking Farm Forestry Pay Selling the environmental services of farm forestry. Kingston, ACT, Rural Industries Research and Development Corporation.
Various What People Say about Takings and Property, Georgetown Environmental Law & Policy Institute.
Quotes from various people regarding the takings and property rights debate.
Various, Ed. What Are Property Rights? What Are Property Rights?, www.fao.org.
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Various (2002). Condamine Catchment Management Association. Water Trade Forum, Toowoomba.
Various (2002). Salt magazine. The magazine of Australia's National Dryland Salinity Program(6).
Various (2002). Property: Rights and Responsilities. Canberra, Land & Water Australia.
Various (2004). Property Rights Australia. 2nd Conference and Annual General Meeting, Club Hotel Motel, Roma.
Various (2004). An Effective System of Water Property Titles. Canberra, Acil Tasman, Australian Government of Agriculture, Fisheries and Forestry, Land & Water Australia: 77.
Wahlquist, A. "Salinity Crisis blamed on water trading."
Wahlquist, A. (2001). $40m handout to balance lost water licences. The Weekend Australia: 18.
Wahlquist, A. (2002). Farmers see pay dirt in native flora. The Weekend Australian: 22.
Wahlquist, A. (2002). Green law losses anger farmers. The Weekend Australian: 18.
Wahlquist, A. (2002). People put in the picture. Courier Mail. Brisbane: 22.
Wahlquist, A. (2002). Liquid assets a trade of the future. Weekend Australian: 20.
Waldron, J. (1988). The right to private property. Oxford, Oxford University Press.
Walker, K. J. (1994). The Political Economy of Environmental Policy - An Australian Introduction. Kensington: NSW, University of New South Wales.
Wallop, M. (2002). Privatizing the Planet: An Alternativve Vison of Environmental Protection.
Watch, W.-Q. WTO Watch Queensland, WTO Watch Qld.
Water (2002). "Whistleblower asks why up-stream $450/bale Queensland cotton Kings get 1,100 GL water free." The Water Report 23(3).
Water Reform, U. (1998). Improving the Water Allocation and Management System in Queensland. Brisbane, Department of Natural Resources.
Watt, H. P. (2000). Common Assets: Asserting Rights to our shared inheritance. California and Washington DC, Redefining Progress and Corporation for Enterprise Development.
Way, F. (2002). Governance Structures for Indigenous Australians on and off Native Title Lands.
Weir, J. (2002). "Land, Rights, Laws: Issues of Native Title." Native Title Research Unit 2(14).
Wensing, E. S., John (2002). "Planners and Native Title." Australian Planner 39(3): 131-2.
Wentworth, G. (2002). Blueprint for a Living Continent, Wentworth Group of Concerned Scientists.
White, G. (2002). "Inventing Planning Principles." Queensland Planner 42(No: 1): 16.
Wiebe, K. M.-D., Ruth (1998). "Property rights as policy tools for sustainable development." Land Use Policy 15(3): 203-15.
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Williams, J. and J. Cribb (2002). "The Oz Farm in 2020?" Groundcover.
Williams, M. (2001). USA - Oregon Experience. S. Morgan.
Wills, I. (1997). Economics and the environment: a signalling and incentives approach. Sydney, Allen and Unwin.
Wily, L. A. (2000). "Land Tenure Reform and the Balance of Power in Eastern and Southern Africa." Overseas Development Institute(58).
Winter, R. (2002). GAB resignation wrangle. Queensland Country Life: 11.
Winter, R. (2002). Summit hottest ticket in town. Qld Country Life: 11.
Wishlow, K. (2002). Rights as Development: Comparing Three Approaches to the Treatment of Rights, CPSA - Canadian Political Science Association. 2002.
Wishlow, K. (2002). Rights as Development: Comparing Three Approaches to the Treatment of Rights, www.cpsa-acsp.ca.
Wisseman, A. F. and T. D. Wilson (1988). "Perceived competence of agricultural extension workers in Australia." Agricultural Science(August-September): 14-17.
Witt, K. J. "Responsibility" as an imperative for addressing property rights conflict. Gatton, School of Natural and Rural Systems Management, University of Queensland, Gatton Campus: 1-18.
Wohlmeyer, H. T. Q. (2002). The WTO, Agriculture and Sustainable Development, Greenleaf publishing. 2002.
Wolstenholme, R. (1995). Consultations in Small Rural Communities. New South Wales, The Rural Development Centre, University of New England.
The purpose of this Guide is to help consulting government representatives understand more about small rural communities and to increase the participation of community groups in the consultation process. It is hoped that the Guide will contribute to improved relations between rural communities and government representatives and an improved consultation process resulting in better coordination and improved and appropriate service delivery in rural communities.
The specific objectives of the Guide are twofold. The first is to assist community groups and consulting government representatives to take account of the characteristics and structures of small rural towns in the consultation process. This may assist consultants to handle certain issues with sensitivity and also to recognise the strengths of rural communities, their friendliness, their resourcefulness and their ability to work together towards a common goal.
The second main objective is to assist community groups and consulting representatives to take account of departmental constraints that might impinge on relations and communication between them.
Woodside, D. T., Dick (2001). Balancing the right to access water with the obligation to care for the commons.
Worcester, R. M. (1993). "Public and Elite Attitudes to Environmental Issues." International Journal of Public Opinion Research 5(4): 313-34.
Workshop Water Property Rights Workshop, Australian National Committee on Irrigation and Drainage.
Workshop (2001). "Property Rights and Institutional Changes Workshop - Summary."
Wyatt, S. (2002). Sold down the River. The Australian Financial Review. Brisbane: 81.
Wyatt, S. (2002). Water Reform a river of tears. The Australian Financial Review. Brisbane: 18.
Young, D., M. Young, et al. (2000). Market-Based opportunities to improve environmental flows, CSIRO.
Young, M. (1997). Water Rights: An Ecological economics perspective, Australian National University - Centre for Resource and Environmental Studdies.
Young, M. (2000). First or Second Best Solutions? Looking back on Australian Agri-Environmental Policy from 2020. Australian Agricultural and Resource Economics Society Annual Conference, Sydney.
Young, M. (2002). "Social and Economic Research Expands in CSIRO." CSIRO Newsletter 1(3).
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