Conceptions of property and their relation with statutory resource titles is an area ripe for dispute. Differing conceptions of property by judges, the legal profession and industry are common. Often, the legislative language of statutory resource titles does not clearly express their legal nature. When these meet, uncertainties of the rights associated with these titles can arise, undermining perceptions of security of investment in resource projects. This article attempts to bring these issues to the fore by examining dominant property conceptions in Australia and scrutinising the legal character of select statutory resource titles.
Lady, Matt R., Australian Property Conceptions and Resource Titles (December 11, 2011).