Landowners' vs Miners' Property Interests: The Unsustainability of Property as Dominion
(2012) 37(2) Alternative Law Journal 77-81
5 Pages Posted: 13 Jun 2013
Date Written: May 27, 2013
This article highlights the inadequacies of considering interests in land (property) in terms of individualistic private interests, in light of the ecological issues facing society at large. It does so using the CSG debate as an example of the limitations inherent in our system of private land holding. It first provides a background to Australian law’s understanding of the nature of private property and its attendant rights, then examines how this framework is unable to accommodate deeper community concerns such as food security and ecological sustainability. Finally, it assesses whether the issue to be addressed in the CSG debate is one of competing private property interests, or rather one of re-thinking the very nature of private property to reflect a more sustainable ecological framework.
Keywords: environment, land, CSG, property, law
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