• Day: Wednesday 9th November• Session: 9.00am - 10.30am• Speaker: Stig Enemark

• Topic: The Land Management Paradigm

The Land Management Paradigmfor Institutional Development

Prof. Stig EnemarkAalborg University, Denmark

Vice-President of

EXPERT GROUP MEETINGUNIVERSITY OF MELBOURNE, 9-11 NOVEMBER 2005

Looking at Australia and Europe

The Message

• The Land Management paradigm is complex and highly interdisciplinary. This paper attempts to build an overall understanding.

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

• There is a need for institutional development to establish sustainable national concepts in this area. This includes the adoption of a holistic approach to land management.

• This calls for increased international co-operation.

You do not own land itself, but the right to use the land in conformity with community laws, practices and expectations

Responsibilities

Rights

Restrictions

Interests in land

The Land Management Paradigm

Land Management is the processes by which the resources of land are put into good effect.

E-Government E-Citizenship

The Land Management Paradigm

Land Management is the processes by which the resources of land are put into good effect.

• The organizational structures for land management differ widely between countries. Within this country context, the land management activities can be described by three components in support of sustainable development.

• Land policies are part of the national policies on promoting objectives such as economic development, social justice,equity and political stability. Relates to security of tenure, efficient land markets,real property taxation, land use control, environmental management etc.

• The operational component of the landmanagement paradigm is the range ofland administration functions that ensureproper management of rights, restrictions and responsibilities.

• The land administration functions are based on and facilitated by land informationinfrastructures that provide complete and up-to-date information about the built and natural environment.

Source: Land Administration (Peter Dale and John McLaughlin)

(Land Tenure)(Land Tenure)

(Land Values)(Land Values)

Ministry for Finance

Legal profession

Ministry for Justice

Banks and Financial Institutions

(Land Use)(Land Use)

Ministry for Planning, Development and

Environment

Ministry for Agriculture and

Forestry

Property Systems: Tenure, Value and Use

Cadastral Systems – the basic building block

Cadastral Systems is about identification of land parcels for the purpose of securing land rights, assessing land values/taxation, and controlling the use of land.

Cadastral Systems

• The identification of land parcels in the cadastral system provides the basic infrastructure for running the interrelated systems within the areas of Land Tenure, Land Value, and Land-Use.

• Even though cadastral systems around the world are clearly different in terms of structure, processes, and actors, they are increasingly merging into a unified global model.

• This is due to some global drivers: globalisation and technological development. These trends supports establishment of multi-functional information systems with regard to land rights and land-use regulations.

• A third global driver is sustainable development with its demand for comprehensive information on the environmental conditions in combination with other land and property related data.

Land Registration Systems around the World

Deeds System (French): A register of owners; the transaction is recorded – not the title.Title System (German, English, Torrens): A register of properties; the title is recorded and guarantied.

Land Administration Systems

Land Administration Systems are concerned with the four land administration functions of land tenure, land value, land-use and land development.

Land Administration Systems …

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

An Overall Conceptual Approach

Overall Land Policy- Determine values, objectives and the legal framework in relation to

management of land as a legal, economic, and physical object.- Basis for building sound land administration infrastructures.

Cadastral Systems - Identification of land parcels and securing land rights- Facilitation of land registration, land valuation, and land-use control - Underpinning sound Land Administration

Land Administration Systems - Administration of land tenure, land value, land-use, and land

development- Facilitation of efficient land markets and effective land-use

management- Underpinning sound Land Management

Land Management - Management of processes by which land resources are put into good effect. - Facilitation of economic, social, environmental sustainability - Underpinning and implementation of sound Land Policies

Integrated Land-Use Management – a holistic approach

• Develop in-country self assessment procedures to

identify institutional capacity needs • Promote adoption of comprehensive land policies

and a holistic approach to land management• Establish a clear split of duties and responsibilities

between national and local government based on

the principles og good governance• Promote the understanding of land management as a

highly interdisciplinary paradigm• Promote the need for an interdisciplinary approach

to surveying education• Establish strong professional bodies • Promote the need for CPD activities

Institutional Development - recommendations

Capacity Building

Capacity Assessment Capacity Development Sustainability

Are the institutions adequate and are the responsibilities clearly expressed?

Are the guiding principles for good management well expressed?

Are the human resources and skills adequate and are the relevant education and training opportunities available?

Are the policies on land management clearly expressed?

Is the legal framework sufficient and adequate?

Adoption of an overall land policy

Design of a legal framework addressing the rights, restrictions and responsibilities in land.

Implementation of an organisational framework with clearly expressed duties and responsibilities

Adoption of clearly expressed guiding principles for good governance.

Establishment of adequate and sufficient educational options at all levels.

Lessons learnt need to be fed back into the process for continuous improvement.

Instigation of a self-monitoring culture in which all parties, national and local government, NGOs, professionals and citizens, review and discuss progress and suggest any appropriate changes.

Implementation of adequate requirements and options for activities of Continuing Professional Development (CPD).

Global Trends

WWW.FIG.NET

Final Remarks

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

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

• The debate should be aware of the global trends in this area, while still recognising that the design of such systems will always be country unique. This calls for increased international co-operation.