Joel David Moore
Property law definition: the branch of law dealing with issues relating to land and houses | Meaning, pronunciation, translations and examples
Bartlett refers to determinations of native title under the Native Title Act 1993 (Cth). [99] State ownership of minerals ‘has the important result that governments, rather than private landholders, determine the legal regimes governing mineral exploration and production’.
One clear historical example is the recognition of copyright from the 18th century as a new form of intangible personal property created by statute. Wassaf concludes that ‘[t]he fact that divested coal owners can be treated in this way is quite extraordinary but it is within the power of a state government to do so and the Courts have declined to limit that power. Mabo v Queensland [No 2] (1992) 175 CLR 1. [127] However, as Bartlett states: it must be concluded that [Western Australia v Ward] dictates the general conclusion that native title rights to minerals and petroleum, even if they could be established, have been extinguished throughout Australia. 18.54 In 1568 the Case of Mines established that all mines of gold and silver—the ‘royal minerals’—belonged to the Crownwith the power to enter, dig and remove them. Chasemore v Richards (1859) 7 HLC 349, 379; 11 ER 140, 152 (Lord Cranworth). George Street Post Shop
This glossary defines some of the more difficult terms used in property law. For example, s 45(2) of the Aboriginal Land Rights Act 1983 (NSW) provides that any transfer of lands to an Aboriginal Land Council under the Act ‘includes the transfer of mineral resources or other natural resources contained in those lands’. Ibid. Synonym Discussion of property. 18.56 In the Australian colonies the general pattern in each jurisdiction was ‘to progressively reserve various minerals from Crown grants by legislation’. Distinct corporeal and incorporeal property rights in relation to the one object may exist concurrently and be held by different parties. Property is again divided into corporeal and incorporeal. Share it with your network! [96], 18.58 In addition, governments in several states have resumed mineral rights that may have remained in private ownership under the relevant Crown grant applicable to that land. In England, property law encompasses four main topics: English land law, or the law of "real property"; English trusts law English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales.While part of the United Kingdom, many elements of Scots property law are different. Union Steamship Co of Australia Pty Ltd v King (1988) 166 CLR 1, 10 (The Court). [57] Cases involving intrusions on privacy have also raised questions concerning the extent of land owners’ rights: for example concerning unmanned surveillance devices flying over land and cameras overlooking land. Garry states that the framework ‘marked a major national shift away from decades of administrative water allocation. Crown ownership of minerals has been made universal in Victoria and South Australia by legislative expropriation of all minerals;[97] in Tasmania of specified minerals;[98] and, in New South Wales, of coal. It refers to a degree of power that is recognised in law as power permissibly exercised over the thing. Under the Personal Property Securities Act 2009 (Cth).The system is explained on the website of the Australian Financial Security Authority, which administers the legislation:
The online version of the Collins Dictionary has just been updated again, with another batch of new words and meanings inspired by the events of the summer. [66] In the case of water flowing through land, the ‘riparian’ owner had certain valuable, but limited, rights: to fish; to the flow of water, subject to ordinary and reasonable use by upper riparian owners and to a corresponding obligation to lower riparian owners;[67] and to take and use (‘abstract’) all water necessary for ordinary purposes and other reasonable uses. However, the landowner has no power of veto over access to their land, and must comply with the statutory procedure for determining access arrangements. Last 50 years See, eg, Edgeworth et al, above n 24, 94–110. 18.43 In Embrey v Owen,Parke B explained that ‘each proprietor of the adjacent land has the right to the usufruct of the stream which flows through it … [I]t is a right only to the flow of the water, and the enjoyment of it, subject to the similar rights of all the proprietors of the banks on each side to the reasonable enjoyment of the same gift of Providence’. There are some words that seem to be of perennial interest, so if you compare the list of words that were looked up most often in March with the words that were looked up most often in September, you will find a lot of words appearing on both lists. Adrian Bradbrook suggests that the origin of the maxim may be in Roman or Jewish law. Grassroots organisations such as the Lock the Gate Alliance continue to oppose and protest against what they consider to be ‘unsafe coal and gas mining activities’ which are currently permitted under such state legislation: see, eg, Lock the Gate Alliance, About Us
The tenant of an unencumbered estate in fee simple in possession has the largest possible bundle’: Minister of State for the Army v Dalziel (1944) 68 CLR 261, 284 (Rich J). Thomas Garry, ‘Water Markets and Water Rights in the United States: Lessons from Australia’ (2007) 4 Macquarie Journal of International and Comparative Environmental Law 23, 28. [114], 18.62 The impact of the Coal Acquisition Act 1981 (NSW) was considered in Durham Holdings Pty Ltd v New South Wales (Durham Holdings).
Baron Bernstein of Leigh v Skyviews & General Ltd [1978] QB 479, 488; [1977] 2 All ER 902, 907 (Griffiths J). See further LexisNexis, Halsbury’s Laws of Australia, Vol 11 (at 15 July 2010) 170 Energy and Resources, ‘2845 Compensation for Prospecting and Mining’. [52] As Sir William Blackstone explained: no man may erect any building, or the like, to overhang another’s land: and downwards, whatever is in a direct line between the surface of any land, and the center of the earth, belongs to the owner of the surface; as is every day’s experience in the mining countries. Stay informed with all of the latest news from the ALRC. 18.24 Understandings about what amounts to property reveal a certain fluidity when viewed historically. Where substances lie beneath the surface of the land the key issues in the Australian context are: the extent of reservations in the Crown grant, apart from gold and silver; and the effect of statutory intervention. [26], 18.20 A ‘property right’ may take different forms depending on the type of property. See, eg, Ibid [2.3]–[2.45]. [42] In this Inquiry the ALRC uses the phrase ‘vested property rights’ in a broad sense, not a technical one.[43]. This also includes the right and interest of which a person holds in lands and chattels to the exclusion of others. Native title is neither an institution of the common law nor a form of common law tenure but it is recognised by the common law. (Ashgate, 2001); Rosalind Croucher, ‘Disposing of the Dead: Objectivity, Subjectivity and Identity’ in Ian Freckelton and Kerry Peterson (eds), Disputes and Dilemmas in Health Law (Federation Press, 2006) 324; Donna Dickenson, Property in the Body: Feminist Perspectives (Cambridge University Press, 2007); Rohan Hardcastle, Law and the Human Body: Property Rights, Ownership and Control (Hart Publishing, 2007); Muireann Quigley, ‘Property in Human Biomaterials—Separating Persons and Things’ (2012) 32 Oxford Journal of Legal Studies 659; Muireann Quigley, ‘Propertisation and Commercialisation: On Controlling the Uses of Human Biomaterials’ (2014) 77 Modern Law Review 677. And best of all it's ad free, so sign up now and start using at home or in the classroom. Last 300 years, a specially designed box or safe in which valuables are locked for safety, 'Hepatomegaly' and 'hydronephrosis' are among the most frequently looked-up words in September. [40], 18.31 The significance of acknowledging cultural knowledge was identified by the ALRC in the report, Connection to Country: Review of the Native Title Act 1993 (Cth). O’Connor traces the theoretical development of the ‘bundle of rights’ approach: Pamela O’Connor, ‘The Changing Paradigm of Property and the Framing of Regulation as a Taking’ (2011) 36 Monash University Law Review 50, 54–6. When things are fully our own, or when all others are excluded from meddling with them or from interfering about them, it is plain that no person besides the proprietor, who has this exclusive right, can have any claim either to use them or to hinder him from disposing of them as they please, so that property, considered as an exclusive right to things, contains not only a right to use those things, but a right to dispose of them, either by exchanging them for other things, or by giving them away to any other person, without any consideration, or even throwing them away. Bradbrook, MacCallum and Moore, above n 93, [15.18]. The case concerned whether cryogenically stored semen constitutes property which, upon the death of the person, constitutes property in his estate. Otherwise no person had property in a wild animal’: Yanner v Eaton (1999) 201 CLR 351, 366 (Gleeson CJ, Gaudron, Kirby and Hayne JJ); 80–1 (Gummow J). See also: Australian Government Solicitor, Swimming in New Waters: Recent Reforms to Australian Water Law, Legal Briefing No 90 (July 2009). Pursuant to the power to enact laws for the peace, welfare (or order) and good government of the respective state: see discussion in Gardner et al, above n 71, [5.11]–[5.20].
Alienation; but in order to do this, the owner must have a legal capacity to make a contract. [110] The Court granted Hume Coal access to the land, holding that an equestrian course, car park and improved pastures did not amount to ‘significant improvements’ under the legislation. Emeritus Professor David Farrier submitted that the High Court specifically rejected the idea of an implicit constitutional limit on state power founded on ‘rights deeply rooted in our democratic system of government and the common law’:[121], While the Court was concerned with the interpretation of the NSW Constitution, the argument that a just terms provision should be implied was based on the common law. You can get a certain insight into human nature from analysing the words that people look up in dictionaries.
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