Property, planning and purpose : legal concerns facing broadband rollout in Australia


Autoria(s): Cradduck, Lucy
Data(s)

2011

Resumo

The Australian government, and opposition, are committed to facilitating high-speed broadband provision. In April 2009 the (then) Labor government announced a proposal to facilitate provision by mandating “…the use of fibre optic infrastructure … in greenfield estates ….” Separately, the installation of (usually overhead) cables commenced in select brownfield areas throughout Australia. In the lead up to the 2010 federal election, the broadband policy focus of the (then) federal opposition was to enabling private investment rather than direct investment by government itself. High-speed broadband is essential for Australia’s economic future. Whether implementation is undertaken by government, government owned corporations or private investors, will impact on the processes to be followed. Who does what, also will determine the rights available to land owners. The next stage, of necessity, will involve the establishment of procedures to require the retrofitting of existing urban environments. This clearly will have major property, property rights and valuation impacts. As Horan (2000) observed “…preserving... unique characteristics … of…regions requires a compromise between economic ambitions and social, cultural, and environmental values”. The uncertainty following the federal election, and the influence of independants with individual agendas; presents unique challenges for broadband implementation. This paper seeks to identify the processes to be followed by various potential broadband investors as they work to establish a ubiquitous network. It overviews current legislative regimes and examines concerns raised by stakeholders in various government reviews. It concludes by plotting a clear way forward to the future, with particular regard to property rights and usage.

Formato

application/pdf

Identificador

http://eprints.qut.edu.au/49607/

Relação

http://eprints.qut.edu.au/49607/1/49607P.pdf

http://www.prres.net/index.htm?http://www.prres.net/Proceedings/2011proceedings.asp

Cradduck, Lucy (2011) Property, planning and purpose : legal concerns facing broadband rollout in Australia. In 17th Annual Conference for the Pacific Rim Real Estate Society, 16-19 January 2011, Gold Coast.

Direitos

Copyright 2011 Please consult the author.

Fonte

Faculty of Law; School of Law

Palavras-Chave #180000 LAW AND LEGAL STUDIES #broadband #greenfield estates #brownfield sites #property righrs
Tipo

Conference Paper