defining a marine cadastre – legal and institutional aspects

Defining a Marine Cadastre – Legal and Institutional Aspects

Andrew BinnsResearch Fellow

Cooperative Research Centre for Spatial InformationCentre for Spatial Data Infrastructures & Land Administration

Department of Geomatics

Background

• Australia lays claim to one of the world’s largest maritime jurisdictions.

• There is an economic, social and environmental need to effectively manage Australia’s ocean resources.

• Current policy and institutional frameworks for the governing of this ocean territory are complex.

• Multifaceted relationship and interaction between overlapping and sometimes competing rights of various players in the marine environment.

• Deficiency in the availability of reliable and accurate spatial data.

Progress of a Research sponsored by Spatial Information Infrastructure Group Marland House - Monday 1st November 2004

ARC Project

• Collaborative ARC research project which aims to define and develop a marine cadastre for Australia.

• Objective:– To provide a comprehensive spatial data

infrastructure whereby rights, restrictions and responsibilities in the marine environment can be assessed, administered and managed.


Marine Cadastre Concept Diagramhttp://www.geom.unimelb.edu.au/maritime


Cadastral PrinciplesTenure Principles• Diverse forms of tenure exist in marine

environment• Freehold title does not exist offshore:

Ability to hold lease rights

• Focus is more on resource management akin to the management of state land

• Overlapping tenure and interests are common within the marine environment as distinct from the terrestrial environment How can overlapping tenure be spatially managed


Cadastral Principles

Legal Principles• Overlapping interests managed through legally

defined boundaries• Boundaries are described within statutory

legislation, along with associated rights, restrictions and responsibilities

• Marine stakeholders must attain knowledge of boundaries in which they operate

• Stakeholders need clear legal and spatial knowledge of rights



Legal Principles• Legislative framework that governs land

administration processes upholds standards relating to the resolution of land ownership including boundaries

• Marine legal framework describes the actual location of boundaries

• Maritime boundaries need to be geo-referenced• Need for standards in relation to the description of

boundaries within legislation



Institutional Principles• Boundaries described within legislation need to be

visualised – linked to spatial data• Sectoral management arrangements have evolved

due to lack of overarching marine management framework

• No standards for the compilation, collation, up-dating and access of spatial data

• Spatial data exists within ‘data silos’• Data needs to become interoperable and available

to all agencies within the marine environment



Institutional Principles• Centralised governing body

National Oceans Office (Commonwealth) No central body within each state

• Public and private partnerships Cadastre is part of the basic infrastructure of a country

and should be the responsibility of the government Lack of partnerships between the private sector and

government


Spatial Data Infrastructure

• Development of ASDI well underway in the terrestrial environment

• Impediments to ASDI in the marine environment: Immature institutional arrangements Lack of overarching government department to

coordinate spatial data

• Advantages: Aid in the creation of partnerships Provide standards and interoperability of technology

and data Ensure the compatibility of the marine cadastre to the

terrestrial cadastre


Conclusion

Cadastral Principles: Policy and institutional aspects are the most

applicable to the marine environment due to the physical difference in environment not being a primary impediment

Ability to apply tenure and legal principles not as easy, due to the limitation in the need for private transactions in the marine environment


Conclusion

• Marine Cadastre is a spatial boundary management tool, which describes, visualises and realises spatial boundaries and associated rights, restrictions and responsibilities in the marine environment.

• Will create a national marine initiative through the implementation of the ASDI.

• Task now is to develop the tools which will facilitate the implementation of such a marine cadastre.


Project 3.1Concepts and Principles of Virtual Australia

• Project based within Program 3 – Spatial Information System Design and Spatial Data Infrastructures

• Project being undertaken in conjunction with 8 project partners including DSE

The development of Virtual Australia aims to provide an enabling environment in which spatial based applications and user

communities can flourish.

• This project will include not only technology, but also organisational incentives, procedures and people – creating strategic value in developing a framework for VA. This will enhance the capability of government, the private sector and the general community to engage in systems based, integrated and holistic decision making about Australia.

Importance to Australia

Thankyou

http://www.geom.unimelb.edu.au/maritime/http://www.crcsi.com.au

defining a marine cadastre – legal and institutional aspects

Documents

marine cadastre legal

spatial informationcentre

data silosdata

knowledge of boundaries

environmental need

institutional frameworks

associated rights

resource management