Greening the Land Title Register - How Can the Land Title Register Assist with Sustainable Decision-Making

Abstract

In recent years, it has become apparent that unrestricted land use is incompatible with environmental sustainability. To confront this problem, Australian governments have enacted legislation which places limits on land use. In some instances these restrictions or obligations may be registered or recorded on title, but this practice is not uniform. Furthermore, even where restrictions and obligations are registered or recorded on title, the legal effect of these notations is not always clear. This article explores the various ways in which Australian governments have used the land title register to provide information on environmental laws, and the legal implications associated with extending the scope of the land title register. It concludes with a series of recommendations for reform.

Keywords: land use, environmental sustainability, environmental laws, land title register