Principles of Crown Lands in Australia - Book

This new work provides a comprehensive treatment of the principles of Crown lands law in Australia in the context of the numerous legislative schemes across state and territory jurisdictions.  An effective knowledge of the subject is an essential starting point for understanding the nature of real property interests in Australia.

This title offers an understanding of the many – often competing - interests expressed in the objectives of Crown lands regulation. It explains how the principles of Crown lands law strive to protect and mediate those interests.  

The book also considers the historical context of the various legislative schemes, which are often expressions of principles rooted in the colonial development of Australia and in earlier times in English law. 

Principles of Crown Lands Law in Australia explains how the allocation and regulation of Crown land remain integral to real property law, the use and protection of public purpose lands, and the future policy management of the Australian landscape in the public interest.  It is fresh and essential guidance for all real property law practitioners, law students, public lands administrators and other government officers.

Part I—Introduction to and principles of Crown and State lands law in Australia

Chapter 1—Introduction to Crown lands and Crown lands legislation in Australia

Chapter 2—History of Crown lands and Crown lands legislation in Australia

Chapter 3—Principles of Crown lands legislation in the modern context: sustainable development and inter-generational equity in the policy of Crown lands law

Chapter 4—Crown lands law in Australian real property law and public law

Part II—Crown land and its allocation and use

Chapter 5—Introduction

Chapter 6—"Crown land" and the Crown's title

Chapter 7—Land allocation and the statutory grants systems

Chapter 8—Reservations to the Crown

Chapter 9—Interpreting Crown grants

Chapter 10—The fee simple estate

Chapter 11—The Crown lease

Chapter 12—Permits, licences, and use authorities

Part III—Public purpose land

Chapter 13—Introduction  

Chapter 14—Reserves and other trust land

Chapter 15—National parks and other protected areas

Chapter 16—Forestry land

Chapter 17—Miscellaneous public purpose land

Part IV—Transport and transport-related land

Chapter 18—Introduction   

Chapter 19—Roads

Chapter 20—Ports and harbours

Chapter 21—Railway land

Part V—Waterways and submerged lands

Chapter 22—Introduction

Chapter 23—Coastal waters and watercourses

Chapter 24—Public and private rights in relation to waterways and foreshores

Chapter 25—Management of and works in waterways

Part VI—Native title, indigenous land rights, and Crown land

Chapter 26—Native title and private land

Chapter 27—Native title and public purpose land

Chapter 28—Statutory indigenous land rights

Part VII—Other land

Chapter 29—Commonwealth land

Chapter 30—Airports

Chapter 31—Resumption of land