Defining

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Defining Developing a Marine Cadastre for
Australia

• The Role of the Cadastre in Managing Australias
  Marine Environment.

Andrew Binns
Centre for SDI Land Administration
The University of Melbourne
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Background

• Australia lays claim to the third largest
  maritime jurisdiction in the world
• Economic, Social and Environmental need to
  effectively manage it
• Complex relationship and interaction between
  overlapping and sometimes competing rights,
  restrictions and responsibilities in the marine
  environment
• Complex managerial framework including government
  legislation and international treaties

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Australias Offshore Regime
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Australias Offshore Regime
Major Legal Instruments

• UNCLOS ratified in 1994
• Petroleum (Submerged Lands) Act 1967
• Seas and Submerged Lands Act 1973
• Offshore Constitutional Settlement
• Coastal Waters (State Powers) Act 1980
• Treaties with neighbouring countries
• Inc. France, East Timor, Papua New Guinea, New
  Zealand

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Current Drivers
UNCLOS

• Under Article 77 of the UNCLOS
• the coastal State exercises over the continental
  shelf sovereign rights for the purpose of
  exploring it and exploiting its natural resources
• Extension of the continental shelf can be granted
  to costal States if they
• demonstrate a capability and an intent to
  administer these new areas in the terms of
  sustainable development obligations, with
  responsibilities arising from the national
  constitutional and legal framework and from
  existing international conventions

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Current Drivers

• Triple bottom line
• Environmental
• Economic
• Social
• Sustainable management
• Ability to explore and exploit marine resources
• Indigenous Rights
• Croker Seas Case

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Current Drivers
Indigenous Rights

• 1992 High Court Decision
• Mabo v. the State of Queensland
• Native Title Act 1993
• Created uncertainly as it did not deal directly
  with the concept of native title over the sea
• 1996 Wik Case
• 2001 Croker Seas Claim determined

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Current Drivers
Indigenous Rights

• Non-exclusive and non-commercial
• Rights to travel through or within determined
  area
• Rights to fish, hunt and gather for the purpose
  of satisfying their personal needs
• Rights to visit and protect places which are of
  cultural and spiritual significance
• Rights to safeguard their cultural and spiritual
  knowledge

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Introduction

• Problem
• Current methods used to manage the wide range of
  rights, restrictions and responsibilities in
  Australias marine environment are task-specific,
  lacking a coordinated administrative
  infrastructure, such as the cadastre, thereby
  making it difficult to effectively manage
  Australias ocean resources sustainably.

• Aim
• To analyse the applicability of current legal,
  institutional and administrative land based
  cadastral arrangements, to current rights,
  restrictions and responsibilities in the marine
  environment, in order to create an administrative
  framework for an Australian marine cadastre.

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Objectives

• Review current marine management systems, to
  reveal major trends that have impacted on the
  management of marine resources
• Review current land based cadastral systems, to
  analyse the applicability of legal, institutional
  and administrative cadastral arrangements in the
  marine environment
• Identify and consult with industry and special
  interest groups in the marine environment that
  will be directly affected by the introduction of
  a marine cadastre
• Examine the role of the Australian Spatial Data
  Infrastructure in the creation/implementation of
  a marine cadastre

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Pilot Project
The pilot project is split into 2 distinctive
areas, taking in parts of the QLD and VIC coast
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Terrestrial Cadastre

• Defined as
• Parcel-based and up to date land information
  system containing a record of interests in land
  (e.g. rights, restrictions and responsibilities).
  It usually includes a geometric description of
  land parcels linked to other records describing
  the nature of the interest (FIG 1995)
• Australian system has textual spatial
  components of the cadastre together
• Current cadastral maps represent boundaries to a
  graphical accuracy
• Centralised system in each state

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Marine Cadastre

• No strict definition still evolving
• Marine Cadastre model developed elsewhere cannot
  simply be adopted by Australia
• Rights, restrictions and responsibilities need to
  be assessed, administered and managed
• Fisheries Management
• Conservation of marine biological diversity
• Offshore Petroleum and minerals
• Shipping
• Marine tourism and Heritage

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Marine Cadastre

• Marine environment poses some unique problems
• Concept of tenure does not exist
• Boundary demarcation
• 3 dimensional nature of marine environment
• Possible for overlapping rights in a single
  locality
• 4th dimension possible (time)

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Coastal Zone
How do we effectively manage the grey area
between the terrestrial and marine cadastres?
Costal Zone
Terrestrial Cadastre
Marine Cadastre
Australian Spatial Data Infrastructure
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Multi-Purpose Cadastre

• Defined as
• A model for a land administration system that is
  versatile, with a multitude of functions and
  capabilities to serve society.
• What happens on land effects the marine
  environment
• e.g. 70 of marine pollution comes from land
  based activities
• Land and Marine components need to be compatible
• How do we integrate the two?

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Australian Spatial Data Infrastructure

• Is the foundation for the successful
  implementation of a marine cadastre throughout
  Australia, as it enables the organisation of data
  across different disciplines
• Core components that need to be applicable at
  each level e.g. Local, State National

Rajabifard et al (2002)
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Australian Spatial Data Infrastructure

• Interoperability
• Fundamental datasets maintained by different
  suppliers
• Approach in the marine environment must be based
  on existing and emerging ASDI components

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VSIS

• Need for coordination at government level
• Establish institutional arrangements for
  encouraging wider use development of spatial
  information
• Spatial information for the coastal zone needs to
  be incorporated in the cadastre
• Multi-purpose Cadastre
• Issues of access and pricing in the marine
  environment
• Development of a maintenance environment

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VSIS

• Victorian Spatial Data Infrastructure must be
  able to cope with the needs of the marine
  community
• Establishment of a survey accurate cadastre
• Easier integration with marine environment
• Coordination of spatial information in the marine
  environment needs a leading agency

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Conclusions

• Marine Cadastre needs to be compatible with the
  Terrestrial Cadastre
• Concept of Multi-purpose cadastre
• Unique problems which occur in the marine
  environment need to be incorporated into the
  cadastral system
• Australian Spatial Data Infrastructure is
  fundamental to the creation of a Marine Cadastre
• Aid in marine management
• Land use planning near Australias coastline
• Help in resolving coastline boundary issues

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Conclusions

• Scope of VSIS is determined by the capacity of
  the spatial information industry to contribute to
  Victorias social, economic and environmental
  objectives
• Capacity to contribute will be maximized if a
  greater emphasis is put on creating systems to
  manage Victorias marine environment,
  particularly the coastal zone.