Terra Publica Archive
View the archive of our free monthly Email Bulletin of information, commentary and analysis of public land issues in Victoria.
Date Articles
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In this edition:
- Yes, London Bridge has fallen down! But what does that mean for coastal governance?
- Let's fix Punt Road - and the Public Access Overlay
- Planning the Council Plan
- Our Seminars and Courses for Feb-March 2025
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In this edition:
- Q: Can I hoon around on the beach?
- YIMBYs v NIMBYs - the densification of middle Melbourne
- Qualifications for Road Management Act enforcement officers
- Our schedule of courses from Sept - Oct 2024
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In this edition:
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In this edition, Terra Publica looks at:
- Emerging major advances relating to Native Title
- Hazardous timber trestle bridges
- Controlled Access Roads, of which there aren't any.
And, as usual, our calendar of forthcoming training course.
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In this edition:
- Expropriations by the Crown for (e.g) railway lines
- A taxonomy of waterwys in Victoria
- A compendium of road-related caselaw
- Our training course schedule for April-May 2024.
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In this first Terra Publica for 2024, we travel to Ramsar, a township on the shores of the Caspian Sea, and Burra - an even smaller settlement in outback South Australia.
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Public Land, including roads, is territory where bad things happen. We have been horrified by some of the Coroner's reports we've been reading lately.
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We applaud outgoing Premier Daniel Andrews for condemning the House Commission high-rise towers. It's an opportunity to fix the social ghettos, certainly - but also an opportunity to rethink the public land surrounding them.
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In this edition, the durations of governance arrangements - from a couple of hours up to (believe it or not) perpetity. Council owns some freehold land, but our title says that it can be used only for a public hall. How do we get clear title?
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In this edition, the nature of ownership...Who owns this parcel of land? Simple question, but mabye not with a simple answer. Let's hope we don't need to go to Supreme Court to find out. What is the best way for a Council to allow a sporting club to occupy a club house?
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Landlocked! My property's only access is over Crown Land. How do I get in and out?
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This edition we look at:
- Community Asset Committees (CACs)
- Training Courses as Corporate Silo-Busters and
- The increasing demand for training in Native Title and Aboriginal Heritage.
Also our schedule of Professional Development courses in May 2023.
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In our first edition for the year, we look at peppercorn rentals, the fiction of indefeasibility, and how to set up an Unused Road arrangement when DEECA won't.
Also, we welcome a new presenter for our course on 'Native Title and Aboriginal Heritage'.
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Take it to Appeal. Planners are all too familiar with the idea of review and appeal - but not so the custodians of Crown Land legislation.
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Terra Publica is leaping two months into the future. Whether the November election returns the Andrews Government or hands Victoria over to Matthew Guy, there is plenty of work to be done in relation to public land.
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'My Learned Friend.' It's a courtroom term used by one barrister to refer to another barrister. In this edition we take a look at legal cases where the phrase might well have been used.
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Planners to the Rescue! Victoria's planning system has a fundamental limitation. Planning schemes can allow things to happen, or prevent things from happening, but they cannot make anything happen. So - let's build the idea of the Precinct Structure Plan!
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January is the month of two-faced Janus, so we look back at 2021 and forward to 2022. For managers of Victoria's public lands, we predict it will be a busy year.
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Public Land, Politics and Subsidiarity
As we head towards Federal and State elections, we reflect on the sports rorts affair and the commuter carparks debacle. And we take a look at memorial cairns in Gippsland and we attempt to go surfing in Port Fairy.
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As Melbourne hits 5 million, we reflect on the discredited parable of 'The Tradegy of the Commons'.
Also in this edition, our calendar of training courses for September - October 2021
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This work of art is not hanging on a gallery wall. It is in fact reproduced from the Government Gazette. By the judicious use of such artworks, municipalities can save themselves big money.
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Reconciliation is happening, but its pace is slow. One reason is the gap between State and Commonwealth systems. In many ways Victoria leads the way, but State law cannot overturn or contradict Commonwealth law.
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YES, BUT...What can we say? It's great news, despite being several years late.
The paper just released by Minister D'Ambrosio points in the direction of some highly desirable reforms, even if they took four years to emerge.
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This month our curiosity about public land takes us to the Wimmera's Little Desert, Melbourne's Bourke Street, the Koondrook Cricket Ground and a concrete Village 'Green' in Essex.
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Should Australia Day be replaced by Mabo Day? The Legal apparatus which authorised traditional owners being dispossessed of their lands is still on the statute books, in the form of the Land Act 1958.
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Under Scrutiny
Public Land Managers may come under scrutiny from the Ombudsman, the Auditor General, the Local Government Inspectorate or even, in an extreme case, the Police Fraud Squad. In this edition of Terra Publica we offer an alternative: User-Friendly Scrutiny.
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The Complaints Department
The Victorian Ombudsman (Deborah Glass) has scrutinised the ways in which all Victorian municipalities handle complaints.
Her study was seriously hampered by the lack of any sound framework for identifying and classifying complaints.The Complaints Department
The Victorian Ombudsman (Deborah Glass) has scrutinised the ways in which all Victorian municipalities handle complaints. Her study was seriously hampered by the lack of any sound framework for identifying and classifying complaints.
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This was the 1960s, the ‘paradise’ was the 90-mile breach, the estate agents were Willmore & Randall, and the land being flogged, although highly valuable in environmental terms, was utterly unsuitable for residential development.
Also in this edition:
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Statues stand, statues topple. In Melbourne’s parks and gardens we find them in bronze: James Cook, Redmond Barry, Matthew Flinders, Robert O’Hara Burke and
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State of Emergency - as seen through the Government Gazette.
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Corporate Knowledge and its converse, Corporate Ignorance
One objective for any corporate entity, such as a municipal council, will be to retain the knowns, deal with the known unknowns, and minimise the fear of unknown unknowns.
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Terra Publica - January 2020
So it’s the Twenties. That’s the Twenty-twenties, Not the 1920s!
In an age of climate change and population growth, we need to redefine the demarcation between public and private.
We don’t need flappers dancing the Charleston!
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The Road to Reform - Seven tasks for Victoria’s Law-makers
This month’s lead article has grown out of our very successful workshop ‘Roads: Recent Twists in the Legal Roadmap’ held at Russell Kennedy, Lawyers, earlier in November.
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Strategic Incrementalism.
The public land governance regime is subject to three types of change.
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Taking it to Appeal
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In the heat of a Federal election campaign, TP asks what public land issues fall within the ambit of the Commonwealth Government.
On a related line of thought, we ask whether Commonwealth land has the protection of the Crown.
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From Little Things, Big Things Grow
In this edition:
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Dear Mr Premier, Congratulations!
As you get stuck into Victoria's urban challenges, how about appointing a Minister for Urban Reconfiguration?
We could tell him or her about the role of public land in a pro-active program of urban transformation. -
This month's Terra Publica looks at:
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- Hard Acts to Follow – a look at Parliament’s current legislative agenda
- A Matter of Necessity – Access to landlocked parcels
- A Place in the Sun – How Gannawarra has become the solar energy capital of Victoria
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In this edition:
- Public Land...the fun side
- Ownership - who owns this land? Who owns the things on it?
- Certificates in Public Land Governance
- Our calendar of one-day training courses June to August 2018
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- Discussing the discussion
- What is 'the Crown'?
- Professional Development for Water Authorities
- Our calendar of one-day courses April to July 2018
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- From Robert Hoddle to Jane Jacobs
- Land Law for Victorian Water Authorities - a series of PD Courses
- Our training calendar to June 2018
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- 5 Years' Hard Work - the Victorian Government's response to the VEAC Statewide Assessment of Public Land Final Report
- New professional development programs for Water Authorities, Urban Planners and Licensed Surveyors
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Not another restructure!
Governments seem to be forever reconfiguring the public service. Here at Terra Publica we are often sceptical about the merits of such restructures.
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- VEAC recommends a total overhaul of Victoria’s public land legislation
- Major developments on freehold can be brought undone if they cross over their title boundaries
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- How do we tackle unauthorised retaining walls on roadsides?
- Our suite of 3 one-day training courses for road managers
- Our schedule of Professional Development courses for April-June 2017
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- Coastal conflicts
- Q&A - when must a Council put tenure proposals on public exhibition?
- Professional development for road managers - our new one-day training courses
- Our full schedule of professional development courses for February to June 2017
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- Change management
- Q&A - Carriageway easements
- New one-day Roads courses
- Workshops and Masterclasses in 2017
- Our 2017 Training Calendar
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Amendments: challenging
Wholesale reform: even more challenging
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Coastal Special
• Barney at Killarney
• Towards a new Marine and Coastal Act
• What's that on the beach? Pretty sure it's not sand...
• Reconfiguring Coastal Governance
• Victoria's Aboriginal Heritage Act 2004 - our workshops on the forthcoming amendments -
Planning the statutory Council Plan
Reconfiguring Coastal Governance
Public Land Committees
Our 2016 Training Courses calendar -
Hey, Watch Where You're Walking, Dude - 'Your Honour, Council should have protected me from walking into the traffic while I was texting...'
The Aboriginal Heritage Act gets some teeth;
If Crown land is subject to a lease, can that land be sold off as freehold? -
We report on some work we're doing for VEAC on the subject of Council managed community use reserves;
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The VEAC Statewide Assessment of Public Land
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- Make public spaces work harder - can Melbourne continue to waste land for surface ("at-grade") car parks?
- Introducing Professional Certificates in Land Administration and Governance
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- Victorian Environment and Assessment Council (VEAC) may recommend that riparian land be set aside as a ‘Streamside Reserve’ but for most waterways the good old Land Act 1958 and Crown Land (Reserves) Act 1978 continue to thwart sound management outcomes.
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A Commendable Dereliction of Duty
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North of the Border
They have public land in NSW, too – including types we Victorians know nothing about, like Travelling Stock Routes. But one thing we share: the need for reform of Crown land law. And it seems NSW is a step or two ahead of us. -
Living with the Rate Cap: how councils can make use of clever public land management.
Auditing Public Land Tenures: reassure yourself that your council’s landlord-tenant relationships are sound.
Also – some of our forthcoming one-day courses -
- The crocodile that ate the powerboats: conservation groups enlist a 4million year old fossil to oppose the expansion of a motor-boat club
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Why do some public places succeed? Why do others fail? – Our theory is that one key factor is governance. Questions about Parks Vic’s enforcement powers; and irrigation channels in road reserves. Our calendar of Professional Development courses for February- April 2015.
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In this edition we:
- offer Daniel Andrews some suggestions for reforming public land law and policy
- reflect on the governance of recreational boating facilities
- address some questions about volunteer land management groups
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Public Land from the right – a brief look at how conservative theorists view public land
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The East-West link, cutting its swathe through Royal Park, has emerged as the principal differentiating issue in the State election.
PLUS – we follow-up on local-significance reserves; and follow-up on bathing boxes. -
If we could turn back the clock, we’d surely retain more land in public ownership. Idle speculation? Well, if we don’t imagine what could have been, we’ll have a very limited vision of what might still be.
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Should Crown reserves be handed over to municipalities?
Readers’ question: At what point does an urban Arterial Road become non-urban? -
How a murder on the Murray River defined the NSW-Victoria border.
Readers’ question: Can a Council really sell off Public Open Space? -
Our view differs from that of New-York think-tank Project for Public Spaces (PPS)
Victoria’s new Waterway Management Strategy
Readers’ questions about ‘Private Roads’ and Committee of Management funding -
Council land is protected from theft by trespass – isn’t it?
Can a Plan of Subdivision alter an abutting road? -
How the economics of public land differ from the economics of private land.
Is a Crown land Committee an Incorporated Association? -
Waterways - a cadastral taxonomy.
Questions about road reserves -
Also in this edition: feedback from our 'Road Less Travelled' workshops.
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Fences Act - Parliament accepts our recommendations
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Parks Victoria's commitment to its avowed philosophy gets tested.
Finding 'Titles' for Crown Land. What's happened to Victorian Government Departments? -
We don't want a repeat of the Stonehenge visitor centre.
Also Land Tax on Crown Land. -
The law governing Victoria's riparian land resembles something requiring a dose of salts.
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That's the value of fences alongside Victoria's roads and public land. Who should pay?
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141 years after the statutory separation of church and state, taxpayer assets are still being handed out, free.
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Perhaps property purchasers should be warned: If the property has an abuttal to a road reserve, that road may be discontinued by your local council without your consent, without you having any avenues of appeal, and without due compensation.™
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Five examples of dysfunctional public land legislation.
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Between Hamilton and Caseterton in Western Victoria, a well-engineered process has gone totally off the rails.
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It's almost as fundamental as the presumption of innocence. In the absence of some law to the contrary, citizens are allowed to do whatever they want on Crown land.
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Competing interpretations of history have their roots deep in the Nineteenth Century. Our ancestors knew full well that they were dispossessing Aboriginal people at the point of a gun. The shameful thing is that the legislation under which they did it is still on the statute books.
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Victoria's municipalities are required to have insurance - but when they're acting as Crown land committees of management there seems to be an embarrassing degree of exposure.
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There was a time when, if you owned the land, you owned everything on it – the water, the wildlife, the trees – and you held unrestricted usage and development rights. Not any more. This month we comment on easements and covenants, reform of the law governing them.
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The authors of the Transport Integration Act 2010, and VicRoads, stretch our capacity for metaphors.
Public Open Space in Subdivisions - a quick review of case law -
The Baillieu Government comes to grips with public land.
Also - Risk Management: the Take-Home Messages.
Terra Publica celebrates 10 years of Q&A… -
In this edition Terra Publica bemoans the decline of Mabo-style litigant, whose case helped us to better understand public land law...
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How public spaces make European cities different from Australian cities
How council road discontinuations could have disastrous consequences for landowners