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Early land grants and reservations : Any lessons from the Queensland experience for the sustainability challenge to land ownership

Christensen, Sharon A., O'Connor, Pam, Duncan, William D., & Ashcroft, Ross (2008) Early land grants and reservations : Any lessons from the Queensland experience for the sustainability challenge to land ownership. James Cook University Law Review, 15(2), pp. 42-66.

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Abstract

Environmentalists have called for a new property paradigm premised on the idea of land ownership as a delegated responsibility to manage land and resources for the public benefit. An examination of Crown freehold grants from the beginnings of settlement until the 1890s in Queensland shows that fee simple titles were granted subject to express conditions and reservations designed to reserve useful natural resources to the Crown, and to promote public purposes. Over time, legislative regulation of landowner’s rights rendered obsolete the use of express conditions and reservations in grants. One result of this change was that the inherently limited nature of fee simple ownership, and the communal obligations to which it is subject, are less transparent than in colonial times.

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ID Code: 28418
Item Type: Journal Article
Keywords: Sustainability, Property, Sustainable Development
ISSN: 13211072
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Environmental and Natural Resources Law (180111)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Past > Institutes > Institute for Sustainable Resources
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright JCULR 2008
Deposited On: 04 Nov 2009 15:27
Last Modified: 29 Feb 2012 23:49

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