A collective right is held not by the occupier but by the public at large, in respect of a range of interests in the land. Development rights also in England and Wales, as in New Zealand, are held mainly not by the occupier nor by the public, but by the state, through the medium of the local planning authority. In relation to land as environmental and cultural capital, conceptualizations of rights have been more fully grounded in social processes, often being characterized as rights of England and Wales include: The statutory collective rights in perpetuity for: the rights of way system, open country, common land, state land purchase for recreation, and rights for navigation.
The voluntary collective rights in perpetuity for: dedications under CroW Act, 2000, planning agreements and public path orders. The state economic collective rights for a fixed time period for leases to the state, agri-environment agreements, and other written agreements. Citizenship rights in perpetuity for millennium greens, town, and village greens, and community forests. State economic exclusionary rights for a fixed time period for licenses and permits from the state, user charges to state facilities.
Private market exclusionary rights for a fixed time period for market provision, de facto access with voluntary payments, and access through weekly or annual memberships. Access rights also include privileges for de facto access with the permission of the landholder and access by tradition5. The property absolutism of a bygone era has been to a great extent replaced by a property relativism, which believes that the estate owner’ s “ bundle of rights” contains no entitlement to ruthlessly exploit land resources regardless of the communal good.
Central to contemporary environmental law is the proposition that the estate owner’ s “ bundle of rights” is intrinsically demilited by social or community-oriented obligations of a positive nature.
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