1. 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

2. 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.

3. 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.

4. 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
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).

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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.

13. 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

14. 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.

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