Land Administration Systems: Australia and Denmark - Term Paper Example

Land Administration Systems Student’s Name Course Professor Date Executive Summary It is the responsibility of any government to be concerned with the legal, social, economic and technical framework within which land administrators and managers must operate. In turn Land Administration Systems (LAS) support efficiency by guiding on land markets and administration of land as a main natural resource and promote sustainable development. The global approach to modern LAS is manifest by Millennium Development Goals 7 and 8 which are to ensure environmental sustainability and global partnership for development respectively. Fig 1 shows the global land management perspective and many developed countries have moved ahead towards this MDG though some and other developing countries are still working to develop the best system that will favor individuals, families, communities and the government. So far, Australia and Denmark have moved ahead to develop policies, processes and institutions to manage land, natural resources, and property. A comparison of how the two jurisdictions will identify the way they have developed their LAS to meet the emerging visions of the country. LAS in these countries promote decisions for land access, rights, use, and development. Additionally, it is fundamental to achieve sustainable development, poverty reduction and dealing with climate change. However, although the two countries are well on their way to achieving better land management, they struggle due to particular combinations of structural, historical and cultural factors. Fig 1.0: Global Land Management Perspective: Adopted from (Enemark, McLaren & Molen 2009, p.6). Table of Contents Executive Summary 2 Table of Contents 4 1.0 Introduction 5 2.0 Justification for the selected evaluation criteria/framework 6 2.1 Evaluation framework and its attributes 6 3.0 Comparison and contrasting Australia and Denmark LAS 7 3.1 Historical Background 7 3.2 Policy Level 9 3.3 Management Level/ Functions 10 3.4 Operational level 12 3.5 External Factors 13 3.6 Review Process 13 Conclusion 13 References 15 1.0 Introduction (LAS) comprise of various components that facilitate and implement land policies in any country. Most countries have a system that apply and make rules about land tenure operational. In nearly all countries, land administration systems evolve gradually from an extensive range of informal and formal systems. In the early 2000s, the United Nations came up with Millennium Development Goals a blueprint that required the countries and leading development institutions to support development and mitigation of global challenges (Enemark, McLaren & Van Der Molen, 2010, p.1). Land Professionalism is one of the vital elements under MDG 7, and 8, and thus many countries have worked while others are still working to meet the measures. To integrate the strategies, land administration system is an operational component. In most cases, non-single jurisdiction can have similar land administration systems due to differences in historical, cultural and structural factors faced by each country. This report aims at comparing and contrasting land administration systems of two jurisdictions; Australia and Denmark. The selection of the two countries is based on availability of data and by the fact that they are grouped together as developed countries. The evaluation will also detail how administration promote transfer of land rights through sale, lease, inheritance, gift, loan, regulation of land and property development, conservation, generating revenues, taxation and resolving conflicts related to ownership and so on. To get a comprehensive comparison and to contrast, it will note some of the underlying factors that promote the similarities and differences. 2.0 Justification for the selected evaluation criteria/framework Steudler’s Land Administration Systems Evaluation Framework is applied in this report for some reasons. First, the framework takes social, economic and environmental issues into account and considers various political, social, and administrative background of a country. Secondly, it provides some levels including policy, management, operational and external factors that makes it easy for comparisons and identifies strengths and weaknesses between countries. Thirdly, the framework considers external factors as an element in the evaluation making it possible to compare countries acknowledging the impacts of social and cultural links that have a lot of implications. Finally, it the framework’s evaluation areas focus on the role of different stakeholders with their different responsibilities making it easier to see the levels that are more effective and those that are lagging behind in land administration (Steudler 2004, p.1). 2.1 Evaluation framework and its attributes Steudler’s Land Administration Systems Evaluation Framework covers five areas that are further elaborated by its distinct aspects and possible indicators that show whether the area is detailed or not. The first area is the policy level. It is the first aspect; the land policy principles are indicated by the existence of government policy for administration of land, list statements for administration system role and highlight the existence of independent land board. Existing formal recognition indicates the second, land tenure principles and legally defines land tenure, the security of tenure and social and economic equity. The third, economic and financial factors are indicated by cost/benefit of tax revenue and fee structures, economic indicators and investment and funding structure. The second area, management level also has three aspects. The cadastral and land administration principles look at indicators such as adequacy of protection of land rights and the support of land markets to make the process secure, efficient, low cost and simple. The institutional principles have several indicators like listing of responsible ministries and departments, centralized and decentralized organization, institutions and offices and private sector involvement as well as number and volume of contracts. SDI principles are indicated by the existence of standard arrangements, access network, data definition and pricing. The third area, operational level has single aspect, the technical principles indicated by data properties, including methods used to capture data, quality and accuracy of data and data maintenance and timeliness in provision of such data. The fourth level, external factors involves aspects of human resources and capacity building issues. The indicator can be noted by the number of personnel, professional association, universities and students involved, funding structure towards capacity building, on-going education, research and development, and technology. Finally, the framework has an area called review process that assesses the overall performance that is confirmed by user and degree of satisfaction indicators and existence of regular review process. (Steudler 2004, p.12) 3.0 Comparison and contrasting Australia and Denmark LAS 3.1 Historical Background Danish cadastre was set in 1844 for collecting land taxes from all agricultural holdings through the valuation of yield capacity. The cadastre register and map has been updated continually since then. By the end of 1800s, the cadatre changed to legal cadastre to support the growing market. Taxation was then based on market value. In the first half of the 1900s, during industrial revolution land use regulations were set to improve agricultural productivity. In the 1970s, counties were reduced to 14 and local authorities to 275 to facilitate the transfer of decision making and responsibilities to counties and municipal councils (Enemark, Williamson & Wallace, 2005, p.58). Zoning and planning made land a scarce community resource and controlled development. At the same time, environmental concerns appeared and were taken as a major issue. Today, environmental protection and comprehensive planning are major tools that secure sustainable development. Australia cadastre has been a recent historical development that has been influenced by new technology and administrative arrangements. In turn, it is hard to look at its LAS system as a commonwealth unless it is looked at through the development in single State, where Victoria is taken for evaluation of its system. Victoria was originally part of New South Wales colony in 1951 (Williamson, Rajabifard, Wallace & Bennett, 2011). Australian Commonwealth Government took over the defense powers, trade and commerce, foreign affairs, taxation, exercise duties and customs, immigration, pensions and postal services. The other matters are given as full responsibilities of States and Territories including land administration, rural and town planning, health, education and transport networks. As Bennett, et al. (2013) observes, from 1860 to 1960s legal standards were set for surveying, licencing and regulation system. In 1980s, modern LAS emerged with digitization and policies on small government, deregulation, privatization, competition and business performance. A digital topography and cadastral data was developed by 1990s with data for raods, water supply, electricity authorities established. 3.2 Policy Level Victorian government LAS respond to settlement and land markets for 2.4 million private parcels, 2.3 million properties in 199 and market in property commodities. A third of the remaining land mass is Crown land with 70,000 parcels (Enemark, Williamson & Wallace, 2005, p.64). The local councils deliver local services such as planning and building control. LAS are state based with departments of English Westminster system. Victoria administrative arrangements compare to that of British model using three generals: Surveyor, Valuer and Registrar of Titles. Subdivisions process is handled by statutory and administrative authority of land registry. Australian systems focus on the parcel level reduce the systems’ capacity to support decision making and management required for handling wider environmental, fiscal and social issues (Coffey, Fitzsimons & Gormly, 2011). However, Denmark applies the European system that integrates wide range of sustainability and environmental issues through comprehensive land management. Land policies in Denmark are a comprehensive compared to Victoria’s. Danish land policies are expressed by both the constitution and other land laws such as Land Registry, Planning, Valuation and Subdivision and sectoral land use acts (Agricultural Holdings, Environmental Protection and Nature Protection Act). The key policy in Denmark focus on Planning Act to establish general zoning where the total land in the country is divided into urban, rural and recreational zones. In turn, the rural land is of low value for strict agricultural and forestry developments and purposes. Rural land comprise of about 90% as a way to preserve valuable landscapes (Enemark 2010, p.7). The local level determines planning regulations in urban areas. The Planning Act set a zone of 3 km from the coastline for protection of valuable landscapes and features. Sectoral land policies require agricultural properties operations to be in accordance with environmental and agricultural considerations which apply in two-thirds of the total land in Denmark. However, when land is transferred to urban zones, the protection ceases. 12% of the land is forest areas that are safeguarded by conservation provisions like Nature protection Act with a special emphasis on stream, lakes and coasts (Enemark, Wallace & Rajabifard 2010, p.17). Unlike the Victoria LAS, the Danish system shows specific approaches towards sustainable development that is the highest goal set by the global land management perspective with environmental concerns being central in the policy. 3.3 Management Level/ Functions The Australian system is very successful in support of efficient land markets through implementation of modern ICT tolls. In turn, Australian systems are leaders in e-conveyancing initiatives. Similarly, Denmark use cadastral information aligned to modern IT platform to support the processes towards sustainable land management. From 1990, spatial information grew with the review of State’s spatial information. In 1980’s Victoria had separate efforts that computerized activities like land tax, valuer-general offices and state revenue. Two basic sets of information set private parcel and survey and mapping system. From 2002 onwards, property information project (PIP) delivers spatial information. Much of land information is available on the Web to link basic title, continuity, systemization through VicMaps with spatial data. Eight datasets are integrated including: geodesy, property, hydrography, transport, image, and address, administration (local and electoral) boundaries (Bennett, et al., 2013). Denmark ensures integrated land information provided by a network of interactive subsystems with relevant information. Cadastral register was computerized by 1986 with Land Book computerized by the end of 1999. With a single key, it is possible to obtain all information about a property or building. Maintenance of data is carried out by integration of data collected in normal daily administrative routines. In Australia, land tenure and cadastral systems are all under English Law of Property Act 1925 (Aien, et al., 2011, p.25). The courts use some of the concepts such as feudal, freehold, leasehold and common tenure and more specifically, the Torrens system and registered interests to determine cases. Land Value is given through the records of Valuer General and valuations is arranged and contracted by local councils. Valuation comprises of land tax, council rating systems and stamp duty. Land tax is charged based on whether the piece of land is for residential, commercial and industrial land. Denmark LAS uses a decentralized approach to land use and management. Decision making powers are placed at regional and specifically at the local level. Its systems work well as it supports sustainable development through effective management of land use and efficient land market. Cadastre and National Survey which operate under Ministry of Environment ensure geodetic, nautical charting, topographic mapping, updating and maintaining cadastral register and maps. The Land Book contain legal rights, easements, leases, ownership and mortgage are recorded and is held in local districts courts under Ministry of Justice. Land transfer and subdivision is done by cadastral number in a deed and legal rights or mortgage updated in the both systems. Land value and property valuation is done by Ministry of Taxation and the municipal authorities carry out management roles. Values depend on recorded sale prices, Land Book, zoning and other planning regulations. It is mandatory to record the prices of property sales. The county and municipal authorities levy land tax depending on market value. Land use and development is regulated by the system of planning control. The planning should follow the planning decision from the highest levels. Regional planning is carried out by county councils emphasizing sectoral interests in rural areas and regional infrastructure. Municipal planning is done by municipal councils based on local issues, the development and function of urban areas. It also plan neighborhood areas, rant building permits and as grassroots control system. 3.4 Operational level A state Coordination Council established in 1990s look at computerized LAS with 104 data systems (Enemark, Williamson & Wallace 2005 p. 63). There has been significant reorganization of agencies who then established regional GPS in 1995 with geodetic strategy implemented by 2001. Quality spatial information is provided through web-based systems that promote practical solutions to administrative and historical problems. From 2004, Spatial Information Infrastructure Group (SII) under Department of Sustainability and Environment took the mandate of managing all spatial information for Victoria state through VicMap, Land Channel (www.land.vic.gov.au) and Victorian Spatial Information Strategy. SII is mandated specially with implementation of sustainable development policies (Wallace 2010, p.25). In Denmark, land information like dwelling and building register, taxation and valuation register as well as population register are computerized. The names and numbers of owners are registered and recorded. The Cross Reference Register offer key identifications like parcel and building number, address and so on. 3.5 External Factors The Victorian arrangement legislative framework does not provide for its land agency to work with others as there is no cooperation provided. In Denmark licensed surveyors practice privately and carry out surveying for legal purposes as well as cadastral surveying. Danish information infrastructure aims at reducing the duplication of effort and costs, improve quality and cooperation on data models and encouraging e-government and democracy. Unlike Danish LAS, Victoria LAS does not show any professional association mostly with private sector and freedom of technology, regular review and assessment. 3.6 Review Process Denmark LAS through the Ministry of Environment sometimes influences planning in various regions and local levels through planning directives and policies. However Victorian LAS do not show any provision for review. Conclusion LAS in both Australia and Denmark historically relate to their jurisdictions of origin. There were political, social and technical pressures that impact on understanding the creation of administrative systems. However, both countries have moved ahead mostly at management levels to change and come up with a collective management that reflect international model of servicing national land needs. Steudler’s Evaluation Framework offered the testing lists against which both systems were measured. While Australia and particularly Victoria LAS compare to a greater extent with Denmark’s, Denmark has detailed development in the area of number of land policies, and mandate different functions to various local councils. However, both systems reveal complexity of technology allowing for more opportunities to share data, manage cost-effectively and promote e-democracy and e-governance. References Aien, A., Rajabifard, A., Kalantari, M., Williamson, I., & Shojaei, D. (2011). 3D cadastre in Victoria Australia. GIM International, 25(8), 16-21. Bennett, R., Tambuwala, N., Rajabifard, A., Wallace, J., & Williamson, I. (2013). On recognizing land administration as critical, public good infrastructure. Land Use Policy, 30(1), 84-93. Coffey, B., Fitzsimons, J. A., & Gormly, R. (2011). Strategic public land use assessment and planning in Victoria, Australia: four decades of trailblazing but where to from here?. Land Use Policy, 28(1), 306-313. Enemark, S. (2010). The Evolving Role of Cadastral Systems in Support of Good Land Governance. The Digital Cadastral Map FIG Commission, 7. Enemark, S., McLaren, R., & Van Der Molen, P. (2010). Land governance in support of the millennium development goals: a new agenda for land professionals. FIG Denmark. Enemark, S., Wallace, J., & Rajabifard, A. (2010). Land administration for sustainable development. Redlands, CA: ESRI Press Academic. Enemark, S., Williamson, I., & Wallace, J. (2005). Building modern land administration systems in developed economies. Journal of Spatial Science, 50(2), 51-68. Steudler, D. (2004). A framework for the evaluation of land administration systems. Wallace, J. (2010). Managing social tenures1. Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures, 25. Williamson, I., Rajabifard, A., Wallace, J., & Bennett, R. (2011). Spatially enabled society. Read More