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 Justine Bell
Faculty of Law, Law School
Thesis Title: An integrated approach to natural resource management: how can the land title register be used to facilitate environmental sustainability?
Current Thesis Abstract: When the Torrens system of land registration was developed, it was intended to provide an accurate and complete reflection of all interests affecting an owner’s title. However, in recent years environmental sustainability has become a major issue in government decision-making, and the primary response has been the ad-hoc enactment of legislation which imposes restrictions and obligations upon landowners.
This approach is problematic for several reasons. Firstly, as legislatively-imposed restrictions are not capable of registration, the land title register no longer accurately reflects an owner’s title. Secondly, the absence of a central register for environmental interests results in fragmented decision-making regarding management of natural resources. It also creates an informational barrier for stakeholders, making it difficult to obtain information regarding the environmental restrictions applicable to a parcel of land. The result is impaired management of natural resources.
The objective of this research is to consider whether the land title register can be used to facilitate sustainability through the registration of environmental restrictions and obligations. Such an approach would also restore the central pillars of the Torrens system, as the land title register would accurately reflect the range of interests affecting land.
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