1 / 15

Defining a Marine Cadastre – Legal and Institutional Aspects

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.

burton-rhodes
Download Presentation

Defining a Marine Cadastre – Legal and Institutional Aspects

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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. 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. 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. Marine Cadastre Concept Diagram http://www.geom.unimelb.edu.au/maritime Progress of a Research sponsored by Spatial Information Infrastructure Group Marland House - Monday 1st November 2004

  5. 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. 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. 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. 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. 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. 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. 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. 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.

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

More Related