Carruthers and Mascher, above n 73, 110. Property includes not only money and other tangible things of value, but also any intangible right considered as a source or element of income or wealth. Union Steamship Co of Australia Pty Ltd v King (1988) 166 CLR 1, 10 (The Court). Distinct corporeal and incorporeal property rights in relation to the one object may exist concurrently and be held by different parties. Such a simplified approach was readily modified in the modern era, where cases involving scaffolding, overflying and cranes, have tested airspace rights. [36] Such rights and interests were not of the common law, but could be recognised by it. [129], 18.69  The position with respect to other land rights legislation is that minerals occurring on land owned or held by Aboriginal groups under land rights legislation are owned by the Crown, not the Aboriginal group. It focused on the economic development of increasing water supplies towards market-based allocation based on limited supplies and principles of sustainability and resource management’: Garry, above n 69, 26. The history of the recognition of native title in Australia is discussed in Ch 2. From moonshoot to balconing: discover the latest words added to the Collins Dictionary. The ALRC noted extensive work on the topic: eg, IP Australia, Australia’s Indigenous Knowledge Consultation ; World Intellectual Property Organization, Protection of Traditional Cultural Expressions and Traditional Knowledge–Gap Analyses . [25], 18.19  As Gummow J suggests in this passage, ‘possession’ is a distinct and complex concept. Property in personal goods may be absolute or qualified without relation to the nature of the subject-matter, but simply because more persons than one have an interest in it, or because the right of property is separated from the possession. Tony Wassaf, ‘Implications of Durham Holdings Case and Coal Compensation Discrimination’ (2001) 20 Australian Mining and Property Law Journal 10, 10. O’Connor traces the theoretical development of the ‘bundle of rights’ approach: Pamela O’Connor, ‘The Changing Paradigm of Property and the Framing of Regulation as a Taking’ (2011) 36 Monash University Law Review 50, 54–6. See Ibid [5.21]–[5.46]. Possession may, in effect, give the possessor rights akin to proprietary rights. See Carruthers and Mascher, above n 73, 107–8. [33], 18.26  Similarly, with respect to land, Professor Peter Butt noted that the ‘categories of interests in land are not closed’ and they ‘change and develop as society changes and develops’. See also JRS Forbes and Andrew Lang, Australian Mining and Petroleum Laws (Butterworths, 1987). Garry states that the framework ‘marked a major national shift away from decades of administrative water allocation. This also includes the right and interest of which a person holds in lands and chattels to the exclusion of others. Where the relevant minerals were not reserved, a later intervention to claim them for the Crown may give rise to a question of whether such taking is compensable and what control over access to the land the surface owner may have with respect to those granted licences for minerals. [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’. See also Bradbrook, above n 52. Its most obvious sense is a physical holding (of tangible things), or occupation (of land). [112] However, the landowner has no power of veto over access to their land, and must comply with the statutory procedure for determining access arrangements. [31], 18.25  Arguments concerning rights over one’s person, for example claims over bodies and body parts, including reproductive material, often involve lively contests over the recognition of new forms of intangible property. The term ‘vested’ has been used to refer to personal property, including a presently existing and complete cause of action: Georgiadis v Australian and Overseas Telecommunications Corporation (1994) 179 CLR 297. Property definition is - a quality or trait belonging and especially peculiar to an individual or thing. The value of land, as an immovable asset, has always been high throughout history and there will always be a market to buy, lease, sell, or develop it. Wassaf concludes that ‘[t]he fact that divested coal owners can be treated in this way is quite extraordinary but it is within the power of a state government to do so and the Courts have declined to limit that power. … An action for trespass or conversion would lie against a person taking wild animals that had been tamed, or a person taking young wild animals born on the land and not yet old enough to fly or run away, and a land owner had the exclusive right to hunt, take and kill wild animals on his own land. What does property law mean? [57] Cases involving intrusions on privacy have also raised questions concerning the extent of land owners’ rights: for example concerning unmanned surveillance devices flying over land and cameras overlooking land. The nature of those rights has changed over time: from common law to statutory rights. The term ‘property’ is commonly used to describe types of property, both real and personal. [128], 18.68  The position with respect to land held by Indigenous groups under state laws may be different. See also LexisNexis, Halsbury’s Laws of Australia, Vol 22 (at 2 December 2013) 355 Real Property, ‘14115 Trespass to Airspace’. 18.18  In Yanner v Eaton, Gummow J summarised this complexity: Property is used in the law in various senses to describe a range of legal and equitable estates and interests, corporeal and incorporeal. [37], 18.29  Because its content is defined by the traditional laws and customs of the relevant Aboriginal or Torres Strait Islander peoples, native title rights and interests ‘may not, and often will not, correspond with rights and interests in land familiar to the Anglo-Australian property lawyer’. The title to property is lost by operation of law. ‘Personal’ property encompasses tangible or ‘corporeal’ things—chatte Blackstone, above n 2, vol II, bk II, ch 2, 18. [58], 18.38  Cases involving subterranean caves, treasures and minerals have tested the limits below the surface of land. 18.35  The extent of property rights of a landowner includes how far the title extends in the air above and the earth below. See, eg, the description of the licensing regimes in Australian Government Solicitor, Swimming in New Waters: Recent Reforms to Australian Water Law, Legal Briefing No 90 (July 2009). Bartlett refers to determinations of native title under the Native Title Act 1993 (Cth). Arts Law Centre of Australia, Submission 50. The particular example Butt cited was of ‘the slow emergence of an interest not previously known to the law, the “carbon sequestration right”’, which has been given statutory force: in New South Wales within the well-known common law interest in land, the profit à prendre; in Victoria within a specific legislative framework, the Forestry Rights Act 1996 (Vic). A bailee of goods, though not the owner, has a qualified property in them; while the owner has the absolute property. Kirby J, while agreeing with the outcome, suggested that there may be a constitutional limit with respect to ‘extreme’ laws: 431. 18.41  Blackstone said that ‘water is a moveable, wandering thing, and must of necessity continue common by the law of nature’; and any rights to water are only ‘temporary, transient, usufructuary’. Last 300 years, a specially designed box or safe in which valuables are locked for safety, 'Hepatomegaly' and 'hydronephrosis' are among the most frequently looked-up words in September. The adage ‘possession is nine-tenths of the law’ is reflected in the acquisition of title by possession in the limitation of actions legislation. Phone +61 7 3248 1224 Law Council of Australia, Submission 140. 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). Embrey v Owen (1851) 6 Exch 353, 369; 155 ER 579, 585–6 (Parke B).

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