Property : a regulatory instrument for protecting private and public interests in the environment

Fisher, Douglas E. (2012) Property : a regulatory instrument for protecting private and public interests in the environment. In 11th Australasian Property Law Teachers Conference 2012 : Teaching and Researching Property Law in the Twenty First Century, 12-13 July 2012, National University of Singapore, Singapore. (Unpublished)


Property in an elusive concept. In many respects it has been regarded as a source of authority to use, develop and make decisions about whatever is the subject matter of this right of ownership. This is true whether the holder of this right of ownership is a private entity or a public entity. Increasingly a right of ownership of this kind has been recognised not only as a source of authority but also as a mechanism for restricting or limiting and perhaps even prohibiting existing or proposed activities that impact upon the environment. It is increasingly therefore an instrument of regulation as much as an instrument of authorisation. The protection and conservation of the environment are ultimately a matter of the public interest. This is not to suggest that the individual holders of rights of ownership are not interested in protecting the environment. It is open to them to do so in the exercise of a right of ownership as a source of authorisation. However a right of ownership – whether private or public – has become increasingly the mechanism according to which the environment is protected and conserved through the use of rights of ownership as a means of regulation. This paper addressed these issues from a doctrinal as well as a practical perspective in how the environment is managed.

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ID Code: 60187
Item Type: Conference Paper
Refereed: No
Keywords: property, sustainable development, environmental management, environmental law
Subjects: 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
Current > Schools > School of Law
Copyright Owner: Copyright 2012 Please consult the author
Deposited On: 23 May 2013 23:25
Last Modified: 23 May 2013 23:26

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