Defining a Marine Cadastre Legal and Institutional Aspects

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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 Departm
ent of Geomatics
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Background

• Australia lays claim to one of the worlds
  largest maritime jurisdictions.
• There is an economic, social and environmental
  need to effectively manage Australias 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.

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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.

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Marine Cadastre Concept Diagram http//www.geom.un
imelb.edu.au/maritime
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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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.

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