由於目前國有非公用土地處分政策係以大面積國有土地不出售為主，且限於政府人力、物力的不足，加上人民對價格便宜的住宅需求與日俱增，故兩相權衡下即逐漸發展出將國有土地設定地上權交由得標之地上權人開發營運，待地上權期滿後，再將土地及建物移轉予政府之開發方式。因此，政府近年來推出許多設定地上權標案，造成設定地上權案例增加，也使得國有土地設定地上權制度成為近年來備受關注與討論的議題。 且由於國有非公用土地設定地上權適用法規之修正、停止適用或新訂，尤其是關於禁止地上權分割之規定所衍生之號稱「地上權住宅」但實際上為「使用權住宅」，及民國102年9月30日財政部台財產改字第10250007490號令修正發布並自即日生效後之「地上權住宅」法律性質及交易相關爭議。本文乃透過文獻分析法，對於國有非公用土地設定地上權制度法律觀念釐清，及梳理國有非公用土地設定地上權興建集合住宅各個當事人間之法律關係，歸結出各當事人間於國有非公用土地設定地上權興建集合住宅交易之法律問題。 / Due to the current public land for non-public purpose disposition policy department in a large area of state land does not sell, and lack of government limited human and material resources, coupled with people's growing demand for cheap housing, so the next two-phase balance that is gradually developed a national land establishment of superficies by the owner of the winning bid to develop the operation until after the expiration of superficies, and then was transferred to land and construction development mode of government. Therefore, the government in recent years launched a number of standard case establishment of superficies, causing the earth to set right cases increased, so that the public land for non-public purpose establishment of superficies has become in recent years much attention and discussion topics. This paper is through literature analysis, public land for non-public purpose establishment of superficies system of legal concepts to clarify and sort out the public land for non-public purpose establishment of superficies to build the legal relationship between the collective housing respective parties, concluded with inter-party land set in the public land for non-public purpose establishment of superficies to build a collection of legal issues of residential transactions.

This thesis examines the responses of non-indigenous pastoralists in Central Australian rangelands to two social movements that profoundly challenge their occupancy, use and management of land. Contemporary environmentalism and Aboriginal land rights have both challenged the status of pastoralists as valued primary producers and bearers of a worthy pioneer heritage. Instead, pastoralists have become associated with land degradation, biodiversity loss, and Aboriginal dispossession. Such pressure has intensified in the 1990s in the wake of the native Title debate, and various conservation campaigns in the arid and semi-arid rangelands. The pressure on pastoralists occur in the context of wider reassessment of the social and economic values or rangelands in which pastoralism is seen as having declined in value compared to ???post-production??? land uses. Reassessments of rangelands in turn are part of the global changes in the status of rural areas, and of the growing flexibility in the very meaning of ???rural???. Through ethnographic fieldwork among largely non-indigenous pastoralists in Central Australia, this thesis investigates the nature and foundations of pastoralists??? responses to these changes and critiques. Through memory, history, labour and experience of land, non-indigenous pastoralists construct a narrative of land, themselves and others in which the presence of pastoralism in Central Australia is naturalised, and Central Australia is narrated as an inherently pastoral landscape. Particular types of environmental knowledge and experience, based in actual environmental events and processes form the foundation for a discourse of pastoral property rights. Pastoralists accommodate environmental concerns, through advocating environmental stewardship. They do this in such a way that Central Australia is maintained as a singularly pastoral landscape, and one in which a European, or ???white???, frame of reference continues to dominate. In this way the domesticated pastoral landscapes of colonialism and nationalism are reproduced. The thesis also examines Aboriginal pastoralism as a distinctive form of pastoralism, which fulfils distinctly Aboriginal land use and cultural aspirations, and undermines the conventional meaning of ???pastoralism??? itself. The thesis ends by suggesting that improved dialogue over rangelands futures depends on greater understanding of the details and complexities of local relationships between groups of people, and between people and land.

This thesis examines the responses of non-indigenous pastoralists in Central Australian rangelands to two social movements that profoundly challenge their occupancy, use and management of land. Contemporary environmentalism and Aboriginal land rights have both challenged the status of pastoralists as valued primary producers and bearers of a worthy pioneer heritage. Instead, pastoralists have become associated with land degradation, biodiversity loss, and Aboriginal dispossession. Such pressure has intensified in the 1990s in the wake of the native Title debate, and various conservation campaigns in the arid and semi-arid rangelands. The pressure on pastoralists occur in the context of wider reassessment of the social and economic values or rangelands in which pastoralism is seen as having declined in value compared to ???post-production??? land uses. Reassessments of rangelands in turn are part of the global changes in the status of rural areas, and of the growing flexibility in the very meaning of ???rural???. Through ethnographic fieldwork among largely non-indigenous pastoralists in Central Australia, this thesis investigates the nature and foundations of pastoralists??? responses to these changes and critiques. Through memory, history, labour and experience of land, non-indigenous pastoralists construct a narrative of land, themselves and others in which the presence of pastoralism in Central Australia is naturalised, and Central Australia is narrated as an inherently pastoral landscape. Particular types of environmental knowledge and experience, based in actual environmental events and processes form the foundation for a discourse of pastoral property rights. Pastoralists accommodate environmental concerns, through advocating environmental stewardship. They do this in such a way that Central Australia is maintained as a singularly pastoral landscape, and one in which a European, or ???white???, frame of reference continues to dominate. In this way the domesticated pastoral landscapes of colonialism and nationalism are reproduced. The thesis also examines Aboriginal pastoralism as a distinctive form of pastoralism, which fulfils distinctly Aboriginal land use and cultural aspirations, and undermines the conventional meaning of ???pastoralism??? itself. The thesis ends by suggesting that improved dialogue over rangelands futures depends on greater understanding of the details and complexities of local relationships between groups of people, and between people and land.

Wik, Wik-Way and Kugu people (Wik people) in Aurukun Shire on Cape York Peninsula (CYP) are among the most socio-economically disadvantaged groups in Australia. While Wik people are presently reliant on government work for welfare programs for income, elders have a vision of economic independence and self-reliance. The large area of native Darwin stringybark (Eucalyptus tetrodonta) forest on traditional Wik land is a potential engine for economic development, which could provide meaningful employment, and contribute to other Wik socio-economic objectives, including facilitating population decentralisation and consolidation of cultural obligations to manage country through provision of on country employment, reducing welfare dependency and expenditure on timber purchases from outside CYP, and increasing income and skill levels in the community. A large proportion of the higher-quality timber resource on traditional Wik land is situated on bauxite mining leases and the current practice is to clear, windrow and burn this timber prior to commencement of mining. A Wik native forest timber industry could make use of this wasted high-quality timber resource. The objectives of this thesis were to: determine the property rights of Wik people to the timber resource on their traditional land; assess whether forestry operations in Darwin stringybark forests in the study area are likely to be financially viable; and generate a suite of optimal timber utilisation strategies for Wik people, subject to cultural, ecological and economic constraints. This required economic research in the areas of indigenous property rights, private and social costs and benefits of forestry, timber markets, and evaluation and application of economic analysis techniques for appraisal of forestry development opportunities. A social cost-benefit analysis of the privately optimal timber utilisation policies has also been performed to support the decision-making of government policy-makers. This research project was a demanding and complex undertaking, not least because the research was being performed in a unique and diverse indigenous cultural environment where there is a need to respect cultural and research ethics protocols, where formal participatory research methods are inappropriate and where gatekeepers are particularly zealous about ‘protecting’ Wik people from ‘outsiders’. In addition, the property rights of Wik people to timber resources had never previously been analysed methodically, timber inventory and timber market information was lacking for CYP, and there are difficulties in transferring parameter estimates from the industrial hardwood timber industry of Australia to culturally appropriate indigenous operations on CYP. A critical research step was to develop a rapport with Wik people and gain an insight into their forestry objectives, through a number of visits to Aurukun Shire and informal discussions with elders on country. The property rights of Wik people to timber resources have been assessed by reviewing Federal and State Government legislation, court rulings, regional development policies and the Queensland Code of Practice for Native Forest Timber Production on State-owned lands. A timber inventory was conducted over 580,000 ha of Darwin stringybark forest, individual-tree volume and taper models were developed, and a geographical information system was used in estimation of harvestable timber volume and its spatial distribution. To facilitate information transfer to Wik people, expertise was gained in the use of forest visualisation software to pictorially display timber inventory data. A review of literature and discussions with experts identified technically feasible timber processing opportunities for CYP timbers. An informal telephone and in-person survey of 46 businesses, local councils and government agencies in north and south Queensland and the Northern Territory provided market information about CYP timbers. Concepts of a culturally appropriate working week and culturally appropriate rate of production were developed to assist the estimation of cost structures for a Wik timber industry, based on cost estimates for non-indigenous Australian hardwood forestry enterprises that had been obtained from discussion with forestry experts and ‘grey literature’. Generation and evaluation of a suite of privately optimal timber utilisation strategies for Wik people has been supported by the development of a mixed-integer goal programming (GP) model using the GAMS software package. The social analysis of the privately optimal strategies has been performed by adjusting private net present values (NPV) estimated by the GP model with shadow prices and transfer payments. In particular, a carbon model has been developed to estimate the value of carbon emitted by the Wik timber industry. The GP model analysis suggests that a Wik timber industry can generate a positive financial NPV if seed funding of at least $0.5 M is available. In general, privately optimal forestry strategies for Wik people generated by the GP model utilise relatively low-technology equipment, including portable sawmills and air-drying sheds, and produce undressed timber products such as structural timber. This contrasts strongly with Wik visions of an industry selling mostly unprocessed logs or woodchips and non-indigenous representatives of Wik people favouring the manufacture of high-value strip-flooring and furniture. The social analysis of privately optimal timber utilisation strategies reveals that social NPVs are much higher than financial NPVs, even when accounting for the costs of ecosystem services foregone by logging native forest. The establishment of a culturally appropriate Wik timber industry can be expected to generate net social benefits for Australia.

Wik, Wik-Way and Kugu people (Wik people) in Aurukun Shire on Cape York Peninsula (CYP) are among the most socio-economically disadvantaged groups in Australia. While Wik people are presently reliant on government work for welfare programs for income, elders have a vision of economic independence and self-reliance. The large area of native Darwin stringybark (Eucalyptus tetrodonta) forest on traditional Wik land is a potential engine for economic development, which could provide meaningful employment, and contribute to other Wik socio-economic objectives, including facilitating population decentralisation and consolidation of cultural obligations to manage country through provision of on country employment, reducing welfare dependency and expenditure on timber purchases from outside CYP, and increasing income and skill levels in the community. A large proportion of the higher-quality timber resource on traditional Wik land is situated on bauxite mining leases and the current practice is to clear, windrow and burn this timber prior to commencement of mining. A Wik native forest timber industry could make use of this wasted high-quality timber resource. The objectives of this thesis were to: determine the property rights of Wik people to the timber resource on their traditional land; assess whether forestry operations in Darwin stringybark forests in the study area are likely to be financially viable; and generate a suite of optimal timber utilisation strategies for Wik people, subject to cultural, ecological and economic constraints. This required economic research in the areas of indigenous property rights, private and social costs and benefits of forestry, timber markets, and evaluation and application of economic analysis techniques for appraisal of forestry development opportunities. A social cost-benefit analysis of the privately optimal timber utilisation policies has also been performed to support the decision-making of government policy-makers. This research project was a demanding and complex undertaking, not least because the research was being performed in a unique and diverse indigenous cultural environment where there is a need to respect cultural and research ethics protocols, where formal participatory research methods are inappropriate and where gatekeepers are particularly zealous about ‘protecting’ Wik people from ‘outsiders’. In addition, the property rights of Wik people to timber resources had never previously been analysed methodically, timber inventory and timber market information was lacking for CYP, and there are difficulties in transferring parameter estimates from the industrial hardwood timber industry of Australia to culturally appropriate indigenous operations on CYP. A critical research step was to develop a rapport with Wik people and gain an insight into their forestry objectives, through a number of visits to Aurukun Shire and informal discussions with elders on country. The property rights of Wik people to timber resources have been assessed by reviewing Federal and State Government legislation, court rulings, regional development policies and the Queensland Code of Practice for Native Forest Timber Production on State-owned lands. A timber inventory was conducted over 580,000 ha of Darwin stringybark forest, individual-tree volume and taper models were developed, and a geographical information system was used in estimation of harvestable timber volume and its spatial distribution. To facilitate information transfer to Wik people, expertise was gained in the use of forest visualisation software to pictorially display timber inventory data. A review of literature and discussions with experts identified technically feasible timber processing opportunities for CYP timbers. An informal telephone and in-person survey of 46 businesses, local councils and government agencies in north and south Queensland and the Northern Territory provided market information about CYP timbers. Concepts of a culturally appropriate working week and culturally appropriate rate of production were developed to assist the estimation of cost structures for a Wik timber industry, based on cost estimates for non-indigenous Australian hardwood forestry enterprises that had been obtained from discussion with forestry experts and ‘grey literature’. Generation and evaluation of a suite of privately optimal timber utilisation strategies for Wik people has been supported by the development of a mixed-integer goal programming (GP) model using the GAMS software package. The social analysis of the privately optimal strategies has been performed by adjusting private net present values (NPV) estimated by the GP model with shadow prices and transfer payments. In particular, a carbon model has been developed to estimate the value of carbon emitted by the Wik timber industry. The GP model analysis suggests that a Wik timber industry can generate a positive financial NPV if seed funding of at least $0.5 M is available. In general, privately optimal forestry strategies for Wik people generated by the GP model utilise relatively low-technology equipment, including portable sawmills and air-drying sheds, and produce undressed timber products such as structural timber. This contrasts strongly with Wik visions of an industry selling mostly unprocessed logs or woodchips and non-indigenous representatives of Wik people favouring the manufacture of high-value strip-flooring and furniture. The social analysis of privately optimal timber utilisation strategies reveals that social NPVs are much higher than financial NPVs, even when accounting for the costs of ecosystem services foregone by logging native forest. The establishment of a culturally appropriate Wik timber industry can be expected to generate net social benefits for Australia.

In South Africa, conservation and tourism planning that incorporate local communities, has a greater significance today than before given the historical Apartheid legacy, which marginalised the majority of the population from democratic processes and economic opportunities. Community participation in the critical facets of conservation and tourism, that is planning, decision-making and management has been an object of research discourse for a long time. Issues around sustainability, governance, employment opportunity and equity, cost and benefit-sharing, land rights, capacity-building, active participation and conflicts have received great attention from scholars throughout the world. Externally-generated (observer) views on the nature and extent of local community participation in conservation and tourism management, more often than not, fail to depict the perceptions of the local residents. Explanations tend to be more prescriptive and are forced onto the stakeholders, who are directly affected by the circumstances around them. The voice of the local residents clearly articulates their views and attitudes much more than any other external views. The goal of this research study is to investigate the perceptions of local community on their participation in wildlife conservation, ecotourism and social development and the information gathered will be used to develop a new model for enhanced private sector-community collaboration and communication for sustainability. The study interrogates factors constraining collaboration, which include organisational culture, power differentials and communication, from the perspectives of stakeholders, especially the grassroots community. It engages with the community for its views and opinions and as a result, delivers valuable criticisms of and suggestions for the improvement of the process followed. A qualitative approach was adopted. Data collection and analysis methods were identified, explained, justified and implemented. This project is a Case Study, carried out in Umkhanyakhude District of KZN, in which Phinda Game Reserve and the surrounding local communities are located. Makhasa and Mnqobokazi are situated about 30-40 kilometres north-east of Hluhluwe, on the R22 Road that links the town with Sodwana Bay. Semi-structured individual and group interviews allow the study participants to identify and describe concerns or concepts that may not have been expected or considered by the researcher Interviews are of particular importance to ensure honesty and impartiality. Documentary analysis allowed to generate inferences through objective and systematic identification of core elements of a written communication. Observation was used to capture situations of interest not readily volunteered by the participants due to notable different views among members of the particular community. The Adapted Nominal Group Technique workshop was prepared and conducted, to augment the other methods. A multi-method approach ensured the reliability of the findings and the validity of both the approaches and the data collected. The historical background of &Beyond, its philosophy and journey towards sustainable wildlife conservation, tourism and social development was discussed. It was evident that due to the proximity of Makhasa and Mnqobokazi, activities of Phinda directly affected the communities and the same applies to those of the communities in Phinda. There was an apparent need to carefully and properly manage the cultural, socio-economic, political and spatial relationships to build a common understanding about roles and responsibilities of stakeholders in a mutually beneficial manner. The findings of the study illustrates that the perceptions and attitudes of the local residents on their participation in decision-making and management of conservation, tourism and social development are important for sustainability. The understanding of land rights issues was restricted to a few. While there was general appreciation for the activities of Phinda and Africa Foundation, the participants expressed their unfulfilled expectations, concerns and also made suggestions for a way forward to prevent conflict and ensure sustainable conservation and tourism. Skewed power relations, lack of participation in decision-making, poor governance, employment opportunities and equity, lack of transparency and poor communication strategies were among the main issues raised by the participants. Constructive criticism and recommendations, together with the Bending the Curve Model could serve as a valuable community engagement framework for private sector tourism companies and private game reserves to involve and work with surrounding communities to ensure more sustainable private game reserves in the future. The study recommends the model with some concrete, practical measures adapted from ideas of collaborative theory, for sustainable development / School of Agriculture and Environmental Sciences / Ph. D. (Environmental Management)

Made available in DSpace on 2016-03-15T19:34:41Z (GMT). No. of bitstreams: 1 Anderson Santos.pdf: 784090 bytes, checksum: 91f28658e55eede38e8f060fe13c0ebf (MD5) Previous issue date: 2008-08-28 / This work focus the social function of urban properties confronting several housing problems in large urban centers, emphasizing the need for land rights on invaded areas, slums, irregular and illegal lots. The unequal wealth distribution and lack of opportunities exclude, more and more a large number of people in our society who does not have access to minimum needs to human survival. In this case, a place to call home. Nevertheless, those who decide to confront the system place their homes in ilegal áreas such as permanent environment preserved areas as a result of invasion without the public sector approval. The proposal of this reunion of ideas is to stimulate reflection which is not observed by a considerable segment of population that does not live in periphery areas and slums located in large urban centers that demands solution through concrete actions departing from State. What are available mechanisms to solve urban land rights? Is there a solution to the housing deficit problem? Is the public sector the only one responsible to find alternatives in search of solving this task? These questions will be approach by inviting the reader to reflect in search of parameters that may conduct to solutions in this sensible area of housing deficit problem. / Este trabalho dá enfoque à função social da propriedade urbana frente aos vários problemas habitacionais dos grandes centros urbanos, enfatizando a regularização fundiária necessária de áreas invadidas, favelas, cortiços, de loteamentos irregulares e clandestinos. A má distribuição de renda e oportunidades deixa, cada vez mais excluída, uma parcela da sociedade que não tem acesso ao mínimo necessário para sobrevivência humana. Neste caso, um lugar para chamar de lar. Não obstante, aqueles que resolvem ir ao enfrentamento do sistema, firmam suas moradias em bairros irregulares ou áreas de preservação ambiental permanente, oriundos de invasão ou loteamentos sem aprovação do Poder Público. A proposta deste apanhado de idéias é trazer à reflexão, situações de descaso que acontecem nas periferias e favelas dos grandes centros e que precisam de solução e ações concretas do Estado para uma solução rápida. Quais seriam os mecanismos disponíveis para a regularização fundiária urbana? O problema do déficit habitacional brasileiro tem solução? O Poder Público é o único responsável pela condução das alternativas em busca dessa solução? Estas e outras perguntas serão abordadas na tentativa de, numa reflexão conjunta com o leitor, serem estabelecidos parâmetros para a condução dos trabalhos nesta área de sensível alcance social.

En Afrique sub-saharienne, l’insécurité foncière associée aux régimes de droits fonciers dits “coutumiers” ainsi que la sous-utilisation d’intrants modernes sont deux facteurs souvent évoqués comme limitant le potentiel agricole de l’Afrique. Sur cette base, les décideurs politiques ont pensé et mis en place des interventions visant à individualiser le droit de la terre et à promouvoir l’adoption d’intrants améliorés. Cette thèse utilise des données originales collectées en République Démocratique du Congo pour étudier deux exemples de politiques publiques s’inscrivant dans cette lignée et mises en oeuvre à 50 ans d’intervalle. Elle montre qu’elles ont eu des implications de court terme et de longterme allant bien au delà de celles qui sont généralement attendues. Les deux premiers chapitres s’intéressent à une politique mise en oeuvre durant la dernière décennie de la colonisation belge qui entraîna l’individualisation de terres communales et leur allocation à des familles individuelles. Ils utilisent une expérience naturelle pour étudier ses implications sur les structures sociales et les mécanismes coutumiers de résolution des conflits. Le troisième chapitre s’intéresse à une politique récente de subvention d’intrants agricoles. En utilisant une expérience aléatoire, il montre que l’intervention a conduit à une augmentation de l’utilisation de semences améliorées, et analyse ses conséquences sur les décisions d’allocation des ressources en terre et en travail par les ménages. / Contending that tenure insecurity under informal “customary” land institutions and theunder-utilization of modern inputs are two important factors holding back sub-SaharanAfrican agriculture, policy makers have designed policies to shift communal rights towardmore individualization and formalization, and to promote the adoption of improved inputs.This doctoral thesis uses an original database to explore two examples of such policiesthat took place 50 years apart in the Democratic Republic of Congo. It shows that theyhad short-term and long-term implications far beyond those commonly expected. The firsttwo Chapters focus on an intervention by the Belgian Colony that took place during thelast decade of colonization. It led to the division of communal land and its allocation toindividual families. Using a natural experiment, they study its consequences for socialstructures and customary conflict resolution mechanisms. The third Chapter focuses on arecent agricultural input subsidies intervention. It uses an experimental design to show that the subsidies successfully increased the use of improved seeds, and analyses its implications for households’ labor and land allocation.

This study is a focus on a small minority group within Australian society. This study attempts to explore and expose the inherent injustices experienced by this Aboriginal group since colonization. Its major focus is the loss of their land and their human rights and dignity subsequent to this invasion/ colonization. It also attempts, subsequent to the High Court decision in favour of Aboriginal land ownership, to also theologically support that stance. This study exposes the heretical nature of the traditional theology and religious practices of the dominant white population. It also tries to show the correlation with the experience of the Maori people in New Zealand and how they lost their land to the British Monarch. It then attempts some directives for reconciliation between these peoples and what could be done to restore the damage done since 1788. / Theology / M.Th. (Systematic Theology)

The above topic deals with the land use planning, the land-tenure and the deeds registration systems, applicable in former black urban and rural areas of KwaZulu Natal. These areas are divided into three categories, namely: 1. black townships on former black land (former KwaZulu townships); 2. rural or tribal land; and 3. black townships on former white land (Development Aid (DDA) townships). The writer firstly explains how the above categories of land were created in terms of the 1913 and 1936 land laws and how the administration and control of the first two categories was taken over by the former KwaZulu Legislative Assembly in 1986 whilst administration and control of the last category remained with the South African Development Trust. The writer critically analyses different pieces of legislation relating to the land system in the abovementioned categories of land. The writer further critically analyses the new land laws and their effect on the said land system. / Law / LL.M.