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Land Administration 2003 Lecture 18 The Marine Cadastre

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Influential factors in the development of a marine cadastre ... Led to the States taking a management role from their coastlines out to 3 nautical miles ... – PowerPoint PPT presentation

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Title: Land Administration 2003 Lecture 18 The Marine Cadastre


1
Land Administration 2003 Lecture 18 The Marine
Cadastre
  • Institutional Legal Issues
  • Andrew Binns May 1st 2003

2
Overview
  • Background
  • Legal Concepts
  • Influential factors in the development of a
    marine cadastre
  • Current Research
  • Australias current marine management system
  • The cadastral concept
  • Coastal zone management
  • ASDI in the marine environment

3
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

4
ARC Project
  • Collaborative research project between the
    Department of Geomatics, Geoscience Australia,
    the Queensland Department of Natural Resources
    and Mines and Land Victoria.
  • Objective
  • Provide a comprehensive spatial data
    infrastructure whereby rights, restrictions and
    responsibilities in the marine environment can be
    assessed, administered and managed (Collier et
    al 2001)
  • 2 schools of thought on the development of such a
    management system
  • Start afresh
  • Use what we have learnt from the development of
    the terrestrial cadastre

5
Historical Perspective
Australian Domestic Law
  • 1898 Australia establishes federal power over
    fisheries in Australian waters beyond territorial
    limits is still the legal basis for
    legislation in the marine environment.
  • 1931 Statute of Westminster gives Australia
    full powers to make laws having extraterritorial
    operation.
  • Confusion between States and the Commonwealth in
    regards to administering the offshore area
  • Led to the States taking a management role from
    their coastlines out to 3 nautical miles

6
Historical Perspective
Australian Domestic Law
  • 1973 - Commonwealth Labor Government enacted Seas
    Submerged Lands Act, which declared that the
    Commonwealth had sovereignty over Australias
    offshore area.
  • This ended the States rights to govern
  • 1975 - Act challenged in the High Court of
    Australia by the States, but upheld.
  • 1979 - Offshore Constitutional Settlement
  • Agreement between Commonwealth and States with
    offshore jurisdiction returning to pre Seas and
    Submerged Lands Act 1973.

7
Historical Perspective
International Law
  • 1958 - Geneva conventions on the Law of the Sea
  • High Seas Convention
  • Convention on the Territorial Sea and contiguous
    zone
  • Convention on the Continental Shelf
  • Convention of the Conservation of Fisheries
  • 1974-1982 - 3rd United Nations Convention on the
    Law of the Sea (UNCLOS)
  • Major achievement of the convention was the
    recognition of maritime zones

8
Maritime Zones
9
Influential Factors Driving the Development of a
Marine Cadastre
  • UNCLOS
  • Sustainable Development
  • Economic
  • Native Title

10
UNCLOS
  • Overarching international convention dealing with
    the marine environment.
  • Article 76 of the convention enables a coastal
    state to extend the outer limit of its
    continental shelf
  • Greater area for a coastal state to explore and
    exploit natural resources.
  • However, coastal states must demonstrate a
    capability and intent to administer marine areas
    in terms of sustainable development obligations.

11
Sustainable Development
  • Environmental Movement
  • 9 of the worlds 17 fisheries are in serious
    decline with 4 depleted commercially.
  • Agenda 21
  • Document recognising the role of civil society in
    an attempt to address social, environmental and
    development efforts on an international stage.
  • Australias Oceans Policy
  • Document aimed at addressing the large-scale
    resource and environmental problems facing the
    marine environment.

12
Economic
  • Extension of the outer limit of a nations
    continental shelf gives an extended area to
    exploit and explore.
  • Example in the USA in the case of United States
    of America v. State of Alaska
  • Oil and Gas reserves found off the coast of
    Alaska
  • 1.6 billion case.
  • If issues like this are to be avoided in
    Australia, then the implementation of a marine
    cadastre is of utmost importance.

13
Native Title
  • 1992 - Mabo v. the State of Queensland
  • Significant source of influence on societys
    approach to land management, and the rights,
    restrictions and responsibilities that go along
    with it
  • But also created an area of uncertainty and
    complexity in relation to land held under other
    forms of title, including the marine
    environment.
  • 1994 - Crocker Island Case
  • First case in Australia which deals with Native
    Title over the sea and sea-bed.
  • Claim was for exclusive possession of offshore
    waters.

14
Native Title
  • 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

15
Current Research
  • USA
  • Canada
  • New Zealand
  • Indonesia
  • Project being undertaken within the Department of
    Marine Affairs Fisheries
  • The Netherlands

16
USA
  • Similar State/Federal marine administration
    system as Australia.
  • US marine management system described as
    fragmented, complex and poorly understood
    (Neely 1998), hence
  • Coastal Services Center of the National Oceanic
    Atmospheric Administration have developed a
    prototype Ocean Planning Information System
    (OPIS).
  • First application of its kind to apply cadastral
    data toward integrated ocean planning.
  • Developed as a web based tool.

17
USA
  • Project attempted to deal with a number of issues
    which have corresponding importance in an
    Australian context, including
  • The diverse range of players that have a role in
    the marine environment
  • Numerous amounts of legislation and regulation
    relating to the marine environment
  • Need to consider the requirements of all
    stakeholders
  • Importance of accurate and well defined spatial
    boundaries
  • Complex spatial and temporal interactions
  • Associated problems when dealing with an
    ambulatory reference for boundaries

18
Canada
  • Focus of research is on identifying marine limits
    and boundaries which would aid in the good
    governance of Canadas oceans.
  • Main objectives
  • Identifying and evaluating boundary information
    requirements
  • Investigating spatial data uncertainty and its
    impact on data integration and boundary
    delimitation
  • Developing and enhancing prototype visualisation
    tools for marine boundary delimitation

19
New Zealand
  • LINZ have instigated an investigation into an
    Onland-Offshore cadastre for New Zealand.
  • Development of broad set of guidelines/principles
  • Design
  • Spatial Extent
  • Land-sea Boundary
  • Boundary Point definition
  • Boundary Lines
  • Geodetic Datum
  • Regulatory Framework

20
Current Marine Management within Australia
  • Oil Gas Sector
  • Responsibility is shared between the States and
    Commonwealth
  • Petroleum (Submerged Lands) Act 1967 (Cth)
  • Fisheries
  • Governed by the OCS responsibility shared
  • Australian Fisheries Management Authority (AFMA)
  • Fisheries Management Act 1991 (Cth)
  • Fisheries Administration Act 1991 (Cth)
  • Fisheries Act 1995 (Vic)
  • Aquaculture
  • Management rests with the States

21
Current Marine Management within Australia
  • Shipping
  • Shared responsibility depending on the voyage
    being undertaken, not the ships location
  • Navigation Act 1912 (Cth)
  • Conservation
  • Environmental Protection and Biodiversity
    Conservation Act 1999 (Cth)
  • Marine Parks Sanctuaries
  • National Parks (Marine National Parks and Marine
    Sanctuaries) Act 2002 (Vic)
  • Parks Victoria / Fisheries

22
Current Marine Management within Australia
  • Over 47 different Commonwealth maritime
    regulatory tools are in force within Australia.
  • Over 51 different regulatory tools within
    Victoria
  • Over 30 International Maritime Conventions to
    which Australia is a party
  • International Convention for the Prevention of
    Pollution from Ships (MARPOL) 1973/78
  • Convention on the Protection of Underwater
    Cultural Heritage
  • Over 15 different Legislative and Commonwealth
    Institutions governing the marine environment
  • Australian Maritime Safety Authority
  • Environment Australia

23
Marine Cadastre
  • No strict definition still evolving.
  • 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).

24
Marine Cadastre
  • Marine Cadastre model developed elsewhere cannot
    simply be adopted by Australia.
  • Rights, restrictions and responsibilities need to
    be assessed, administered and managed.
  • Marine Cadastre Concept Diagram

25
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)
  • Cadastral trend is for the textual and spatial
    components to be brought together.
  • Most cadastral maps represent boundaries to a
    graphical accuracy.
  • Centralised cadastral system in each State and
    Territory of Australia.

26
Terrestrial Cadastre
  • Why not simply apply Australias terrestrial
    cadastre to the marine environment?
  • There are unique problems in the marine
    environment
  • It is not possible to use classical means of
    boundary demarcation offshore
  • It is common for overlapping rights to exist in a
    single location
  • Rights can vary with time, adding a fourth
    dimension

27
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28
Coastal Zone
  • Added to the complexity of issues in the marine
    environment, is the fact that what happens on
    land ultimately effects the marine environment
  • E.g. 70 of marine pollution comes from land
    based activities
  • Australias current cadastre stops at High Water
    Mark (HWM).
  • The interaction of various rights restrictions
    and responsibilities in time and space does not
    stop at the HWM
  • Land and Marine components need to be compatible.

29
Coastal Zone
  • Need to bridge the gap between the terrestrial
    and marine environments, but how do we do this

30
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 management level e.g. Local, State
    National

31
Australian Spatial Data Infrastructure
  • Interoperability.
  • Fundamental Datasets maintained by different
    suppliers development of a maintenance
    environment
  • Issues of data access and pricing in the marine
    environment.
  • Approach in the marine environment must be based
    on existing and emerging ASDI components.
  • Coordination of spatial information in the marine
    environment needs a leading agency.

32
Conclusion
  • No strict definition of the Marine Cadastre
    still evolving.
  • Marine Cadastre needs to be compatible with the
    Terrestrial Cadastre
  • Provide for more effective management of
    Australias coastal zone.
  • Fundamental cadastral principles can be applied
    to the marine environment, however.
  • There are unique problems which occur in the
    marine environment
  • Still need to be incorporated into the cadastral
    system.

33
Conclusion
  • ASDI is fundamental to the creation of a Marine
    Cadastre
  • Aid in developing effective marine management
    tools
  • Improve land use planning near Australias
    coastline
  • Help in resolving coastal boundary issues
    ambiguity

34
Exam Question
  • List and describe 3 key reasons for the need to
    utilise knowledge and principles gained form the
    terrestrial cadastre in the development of a
    marine cadastre for Australia?
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