The degree of protection afforded by equity to confidential information makes it appropriate to describe it as having a proprietary character, but that is not because property is the basis upon which protection is given; rather this is because of the effect of that protection. Ibid. Australian Human Rights Commission, Rights and Responsibilities Consultation Report (2015) 44–5. 18.47 Since 1915, a cooperative approach to water resource management in the Murray-Darling Basin has prevailed between the Commonwealth government and the governments of New South Wales, Victoria and South Australia. This position is consistent with other non-Indigenous landowners.[130]. Environmental Justice Australia, Submission 65. In the ACT, since 1 January 1911, only leasehold interests in land, which confer no rights to minerals, have been granted: Seat of Government Acceptance Act 1909 (Cth) ss 6–7; Leases Act 1918 (ACT) (repealed). 18.56 In the Australian colonies the general pattern in each jurisdiction was ‘to progressively reserve various minerals from Crown grants by legislation’. [79] The Water Act was designed ‘to enable the Commonwealth, in conjunction with the Basin States, to manage the [Murray-Darling] Basin water resources in the national interest’. In property law ‘vested’ is primarily a technical legal term used to differentiate a presently existing interest from a contingent interest. He remarked that the specific cap on the compensation payable to BHP, CRA and RGC (Durham Holdings was the RGC subsidiary) was made on the basis that budgetary restraint was required and these companies could afford it: Ibid 11. Baron Bernstein of Leigh v Skyviews & General Ltd [1978] QB 479, 488; [1977] 2 All ER 902, 907 (Griffiths J). In Yanner v Eaton, the High Court cited the common law example of wild animals, or ferae naturae: ‘At common law, wild animals were the subject of only the most limited property rights. The adage ‘possession is nine-tenths of the law’ is reflected in the acquisition of title by possession in the limitation of actions legislation. Anne Davies, ‘Decision in Favour of Bore Drilling “Appalling”’ The Sydney Morning Herald (Sydney), 2 December 2015, 11. The early common law doctrine is expressed in the maxim ‘cujus est solum ejus est usque ad coelum et ad inferos’: ‘to whom belongs the soil, his is also that which is above it to heaven and below it to hell’. Adrian Bradbrook suggests that the origin of the maxim may be in Roman or Jewish law. TEXASgenuine and Texas state community and technical colleges do not discriminate on the basis of race, color, national origin, gender, religion, age or disability, veteran status, sexual orientation, or gender identity. See, eg, Peter Butt, Land Law (Lawbook Co, 5th ed, 2006) [612]. [76] The Commonwealth has more limited scope to legislate in relation to water. 18.51 In 2004 this approach informed the National Water Initiative (NWI). Currently working for ADNOC ONSHORE BAB Field Development (EPC project, 0.6b$), in ARCHIRODON CONSTRUCTIONS. Successful as Quality Manager has delivered several major category p... more... Post Graduate with 15 years experience in Pharmacy / Lab / HealthCare functional area... more... Engineering Graduates with 9 years experience in Energy Sector of Power Plant and Substation... more... Post Graduate with 24 years experience in Oil / Gas / Petroleum functional area... more... 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Richard H Bartlett, Native Title in Australia (LexisNexis Butterworths, 3rd ed, 2015) [30.1]. Featured Schools . It has been noted that, ‘Not only is a right to possession a right of property but where the object of proprietary rights is a tangible thing it is the most characteristic and essential of those rights’: Minister of State for the Army v Dalziel (1944) 68 CLR 261, 284 (Rich J). See Australian Law Reform Commission, Connection to Country: Review of the Native Title Act 1993 (Cth), Report No 126 (2015) Ch 2, 60–1. Native title is neither an institution of the common law nor a form of common law tenure but it is recognised by the common law. Diploma with 12 years experience in Oil / Gas / Petroleum functional area... more... Medical Professionals with 7 years experience in Doctor / Medical Research / Dean / Medical Professors functional area... more... A Civil Engineering Graduate Having Extensive Experience Of over 13 years in Project Planning and Project controls. The issue was tested, for example, in Roblin v Public Trustee for the Australian Capital Territory [2015] ACTSC 100. [99] State ownership of minerals ‘has the important result that governments, rather than private landholders, determine the legal regimes governing mineral exploration and production’. That is, contingent on any other person’s exercising their rights: ‘an immediate right of present or future enjoyment’: Glenn v Federal Commissioner of Land Tax (1915) 20 CLR 490, 496, 501.See also Planning Commission (WA) v Temwood Holdings Pty Ltd (2004) 221 CLR 30. Usually it is treated as a ‘bundle of rights’. [103]For example, a mining lease or mineral claim may not be granted over the surface of land in New South Wales which is on or within 200 metres of a dwelling house,[104] on or within 50 metres of a garden,[105] or over the surface of land on which there is a ‘significant improvement’,[106] without the written consent of the owner of the house, garden or improvement (and that of the occupant of the dwelling house, if applicable). The tenant of an unencumbered estate in fee simple in possession has the largest possible bundle’: Minister of State for the Army v Dalziel (1944) 68 CLR 261, 284 (Rich J). Aboriginal Land Rights Act 1983 (NSW) s 45(11), (12). For further discussion, see Ch 20. In relation to the application of the principle of legality to the question of extinguishment of common law rights, see Alex Gardner et al, Water Resources Law (LexisNexis Butterworths, 2009) [9.22], citing Commonwealth v Hazeldell (1918) 25 CLR 552, 556–7, 562–3 (Griffith CJ and Rich J), 567–8 (Gavan Duffy J). [54] Professor Adrian Bradbrook commented that, ‘[w]hile the maxim correctly indicates that the ownership of land is not confined to the land surface; its accuracy beyond this is highly questionable’;[55] and Young CJ in Eq stated that ‘the old adage … is not to be taken literally’. See also Blackstone, above n 2, vol II, bk II, ch 1, 14. Queensland 4003. An example is when goods are in the custody of another, where things are possessed on account of another. Amplitude Services General Contracting Est. Woolley v A-G (Vic) (1877) 2 App Cas 163. Grassroots organisations such as the Lock the Gate Alliance continue to oppose and protest against what they consider to be ‘unsafe coal and gas mining activities’ which are currently permitted under such state legislation: see, eg, Lock the Gate Alliance, About Us . Milirrpum v Nabalco (1971) 17 FLR 141, 171 (Blackburn J). See, eg, Edgeworth et al, above n 24, 144–5. Kirby J, while agreeing with the outcome, suggested that there may be a constitutional limit with respect to ‘extreme’ laws: 431. [102], 18.60 The surface landowner’s ability to control access, for the purpose of mineral exploration, is limited. [109] This was the course of action taken, for example, by a group of landholders in Sutton Forest in New South Wales, in opposition to Hume Coal drilling test bore holes on their property. One clear historical example is the recognition of copyright from the 18th century as a new form of intangible personal property created by statute. 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