Defining a Marine Cadastre – Legal and Institutional Aspects Andrew Binns Research Fellow Cooperative Research Centre for Spatial Information Centre for Spatial Data Infrastructures & Land Administration Department of Geomatics

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

Marland House - Monday 1st November 2004 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.

Marland House - Monday 1st November 2004 Progress of a Research sponsored by Spatial Information Infrastructure Group Marland House - Monday 1st November 2004 Marine Cadastre Concept Diagram http://www.geom.unimelb.edu.au/maritime Marine cadastre is a system to enable the boundaries of maritime rights and interests to be recorded, spatially managed and physically defined in relationship to the boundaries of other neighbouring or underlying rights and interests. (Robertson et al, 1999). It is a marine information system, encompassing both the nature and spatial extent of the interests and property rights, with respect to ownership, various rights and responsibilities in the marine jurisdiction. (Nichols et al 2000).

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

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

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

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

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

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

Marland House - Monday 1st November 2004 Progress of a Research sponsored by Spatial Information Infrastructure Group Marland House - Monday 1st November 2004 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 3.1 Concepts 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

Importance to Australia 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. Major aim of the project is to review, investigate and analyse current spatial information and SDI initiatives at state and national level through the use of case studies in WA, NSW and VIC.

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