Farmers: what do you own?: Are environmental regulations changing the nature of land rights?

Abstract

To explore the question, are environmental regulations changing the nature of land rights, this paper from basic concepts of land law and rights, at common law and under statutes across Australia. The analysis concludes that:• environmental regulations and other legislation have substantially altered and continue to alter the common law notion of property rights• constitutional and other legal constraints, mean the battle for land rights will be fought at Commonwealth and State policy levels.