University of Technology, Sydney

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Leasehold issues, including expiration and renewal

If Australia were to become a Republic, what would (or should) happen to the Crown’s superior interest in the land?

In 1973 the Federal Commission of Inquiry into Land Tenures identified that ‘in our modern complex society, an individualistic approach to property rights and land ownership is incompatible with public interest, unless individual rights are restricted to the use and enjoyment of the land’ (Else-Mitchell et al., 1973, p.17).

The institutions that underpin land tenure systems are social definitions that exist to serve the needs of the people. They need to be adaptable and change over time. Leasehold models offer a workable solution to liberate the economic development of land where transfer of a superior interest is neither practical nor appropriate.

The APCCRPR is involved in leasehold advocacy and advisory work in urban and rural environments in Australia and Pacific Island countries. Additionally we are pursuing research on the strategic and political aspects of the leasehold arrangements in the Australian Capital Territory, and simulating models of leasehold solutions for the wider Asia-Pacific.

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