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

Abstract

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

Suggested Citation

Galloway, Kate, Landowners' vs Miners' Property Interests: The Unsustainability of Property as Dominion (May 27, 2013). (2012) 37(2) Alternative Law Journal 77-81, Available at SSRN: https://ssrn.com/abstract=2270814

Kate Galloway (Contact Author)

Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia

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