Infrastructure Engineering - Research Publications
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ItemUnfinished business: completing the mudmap on the riverbed - the legal lacuna in the tri-state area of the River Murray (Part 2)(Law Society of South Australia, 2008)With the approaching centenary of the Victorian-South Australian border litigation, the necessity of restoring and maintaining river flows in the Murray-Darling Basin river system including the equitable allocation of rights to those flows, and the failure of the four states and the Commonwealth to agree on the future co-operative administration of the Basin, the authors offer their resolution of the ‘missing’ border in the tri-state area of Victoria, New South Wales, and South Australia in the locale of Mildura-Wentworth-Renmark where the three states abut. The resolution of the missing border is essential to the proper exercise of spatial or territorial jurisdiction. Although of small consequence for the past 150 years the time is approaching when this issue must be resolved: it is ‘unfinished business’.
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ItemUnfinished business: completing the mudmap on the riverbed - the legal lacuna in the tri-state area of the River Murray (Part 1)(Law Society of South Australia, 2008)With the approaching centenary of the Victorian-South Australian border litigation, the necessity of restoring and maintaining river flows in the Murray-Darling Basin river system including the equitable allocation of rights to those flows, and the failure of the four states and the Commonwealth to agree on the future co-operative administration of the Basin, the authors offer their resolution of the ‘missing’ border in the tri-state area of Victoria, New South Wales, and South Australiain the locale of Mildura-Wentworth-Renmark where the three states abut. The resolution of the missing border is essential to the proper exercise of spatial or territorial jurisdiction. Although of small consequence for the past 150 years the time is approaching when this issue must be resolved: it is ‘unfinished business’.
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ItemWrit on water: Closing the traverse in the tri-state area of New South Wales, South Australia, and Victoria(TAYLOR & FRANCIS LTD, 2007-06)
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ItemThe need to provide for boundary adjustments in a registered title land system(Informa UK Limited, 2003-06)
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ItemAn Englishman looks at the Torrens System - another look 50 years on( 2003)In the 50 years since this journal published Ruoff's widely cited four part article there has been much incremental change to the different Australian Torrens systems of registered land title in addition to some radical re-interpretation of title registration basics. Further, the basis for Ruoffs observations on the Australian systems has been wholly replaced by the Land Registration Act 2002 passed in early 2002. It is an opportune time to update "An Englishman..".
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ItemA uniform approach to boundary location discrepancies: promoting and proscribing the reform of the land title register( 2001)Adverse possession of part parcels permits the variation, rectification, and re-adjustmentof boundaries with boundary definition being essential to parcel-based spatial data sets.Adverse possession and part parcel adverse possession address (and provide a possiblesolution to) two distinct problems by providing a single solution. It is suggested thatutilizing adverse possession as a solution to boundary location discrepancy isinappropriate.Also, if a national cadastre is to become a reality, a basic requirement is a unifiednational law regarding land ownership. In turn this will require a unified approach to theissue of adverse possession of registered title land and particularly adverse possession ofpart of a land parcel. The authors view this issue as a major obstacle in achieving aunified national cadastral survey practice. This fundamental distinction requiresresolution as a necessary step towards a unified approach ultimately leading to anintegrated national cadastre.In this paper the authors analyse recent changes and current proposals for reform andoffer the conclusion that reluctance to change is but a small obstacle to reform. Howeverthis optimistic conclusion is offset by misgivings with regard to the manner with whichreforms are accomplished.
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