DEFINING A MARINE CADASTRE FOR AUSTRALIA

P.A. COLLIER, F.J. LEAHY and I.P. WILLIAMSON

Key Words: marine cadastre, maritime boundaries, spatial data infrastructure, marine
rights and responsibilities

ABSTRACT
As the worlds largest island, Australia has a coastline length of approximately
36,700 km. The nations relative isolation from its neighbours enables it to claim one of
the largest maritime jurisdictions in the world. The ocean territory to which Australia
lays claim is about 1.5 times larger than the Australian land mass. Given the diversity
and extent of Australias ocean resources, there is an economic and social need to
manage, explore and exploit the nations ocean territories in a way that will maximise
benefit, while at the same time protecting the ocean environment.
An essential requirement for the consistent and effective management of the oceans is
reliable, comprehensive and accurate spatial information. This introduces the complex
issue of defining and quantifying the spatial and temporal interaction of a vast array of
rights and responsibilities.
Not only are our oceans subject to the interests of a diverse group of individuals and
organisations, they are also governed by a complex web of government legislation.
International treaties such as the United Nations Convention on the Law of the Sea
(UNCLOS) also need to be considered. Many pieces of legislation contain geographical
definitions for areas of jurisdiction. Understanding and managing the relationship and
interaction between overlapping and sometimes competing rights is a complex problem.
The objective behind the development of a marine cadastre is to provide a
comprehensive spatial data infrastructure whereby rights, restrictions and
responsibilities in the marine environment can be assessed, administered and managed.
This paper describes a multi-faceted, collaborative project between the Department of
Geomatics, the Australian Surveying and Land Information Group, the Queensland
Department of Natural Resources and Mines, and Land Victoria to define the issues
relevant to the development of a marine cadastre for Australia.
INTRODUCTION
The concept of a land-based cadastre has existed for many years. A cadastre is the basis
or core of a land administration system and is defined as a parcel based and up-to-date
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, and ownership or control of those
interests, and often the value of the parcel and its improvements (FIG, 1995). More
recently, work in the area of designing and developing a Spatial Data Infrastructure

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(SDI) has gained considerable momentum in government, industry and academia. The
need for SDI has arisen from an increased importance and use of geographical
information. SDIs provide an environment of co-operation and sharing through the
development of a dynamic partnership between inter- and intra-jurisdictional
organisations (Radjabifard and Williamson, 2001). Advances in computer technology
(hardware and software) have led to the compilation of huge volumes of land-related
data, much of which has a significant spatial component. But such activity in the
management and utilisation of land-related data naturally begs the question : what about
the marine environment? One would be forgiven for thinking that there has been little
interest in the use of spatial data in the administration and management of maritime
jurisdictions. Perhaps it is more correct to say that whatever interest there has been has
developed outside the geomatics industry. Whichever is true, the situation is about to
change.
There is an increasing realisation that the interests of the nation do not stop at the landsea interface. In fact, the area of marine rights and responsibility to which Australia
lays claim is 1.5 times greater than the size of its land mass. The need to manage and
govern this environment for the good of the nation is imperative. Competition for the
vast array of natural resources in the marine environment is increasing, so too is their
economic and social value. Suddenly there is an awareness of the need to gather,
manage and utilise spatial data in the marine environment to assist in the preservation,
protection and exploitation of this environment in a sustainable, equitable and consistent
manner.
A common reaction when the prospect of a marine cadastre is raised is to suggest that
all that we have learnt in managing land-related spatial data over many years can be
applied to the marine environment. However, a cursory examination of the issues
reveals that this simplistic approach suffers some major flaws. The marine environment
poses a number of unique problems that do not apply in the case of land data. For
example :

The concept of tenure does not exist at sea

It is not possible to use classical means of boundary demarcation offshore
The marine environment is three dimensional classical 2D simplifications will
not suffice
It is possible (common) for multiple (overlapping) rights to exist in a single
locality
Rights can vary with time, adding a fourth dimension to the spatial data
The baseline to which many maritime boundaries are related is ambulatory

Thus the design and development of a spatial data infrastructure for the marine
environment poses a number of new and challenging problems for researchers and
practitioners alike.
As is the case with land administration systems, in the marine environment there are
some issues that are common on an international basis but many which are country and
even locally specific. It is not possible to make a blanket adoption of a model for a
marine cadastre developed somewhere else in the world and apply it in the Australian
context. A simple example is the application of national and state legislation. Such

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legislation varies from country to country, and, even within Australia, from state to
state. Unlike many countries, Australia operates on a State/Federal system of
government under which there is a maritime zone, 3 nautical miles in width (called
Coastal Waters) which defines the region of sovereign jurisdiction for the states and the
Northern Territory. Federal jurisdiction commences at the outer limit of the 3 nautical
mile zone and extends with varying rights and responsibilities out to the Territorial Sea
at 12 nautical miles, the Contiguous Zone at 24 nautical miles and the Exclusive
Economic Zone at 200 nautical miles (see Figure 1).

Figure 1 Maritime Zones in Australia (courtesy of AUSLIG and AGSO)

The development of a marine cadastre for Australia is not a simple task. The complex
interaction of various rights and responsibilities in time and space imposes complexities
that do not occur when dealing with land based spatial data. Similarly, the locally
specific nature of many of the issues demands the design and development of a solution
suited to the Australian environment, whilst still wanting to take advantage of relevant
international research.
In view of the increasing interest in the marine environment and the need to develop a
comprehensive system of maritime management and administration, the Department of
Geomatics at the University of Melbourne has joined with the Australian Surveying and
Land Information Group, the Queensland Department of Natural Resources and Mines
and Land Victoria to put a joint proposal to the Australian Research Council for funding
for a two year project titled Defining and Developing a Marine Cadastre for Australia.
The project will investigate and delineate the issues that need to be considered in the
construction of a marine cadastre. This will be achieved through extensive consultation
with government and industry and a detailed pilot project.

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At the same time the Department of Geomatics at the University of Melbourne is

supporting a graduate student to define the concept of the marine cadastre. The aim is
to identify and document rights, restrictions and responsibilities in marine related
activities, identifying the problems and needs from various users in the marine
environment. A particular focus of the research is a review of the administrational
interests at the land-marine interface. This project will conclude at the end of 2002.

CURRENT STATUS OF RESEARCH

While blanket adoption of international research in the area of the marine cadastre is not
possible, much of the work that has been done is of relevance and provides a useful
point of reference for beginning research in the Australian context. That which follows
is a brief summary of the current status of research in Australia and overseas.
United States
The Coastal Services Center (CSC) of the National Oceanic and Atmospheric
Administration (NOAA), in conjunction with various industry, government and
academic collaborators, has been conducting an investigation into the construction of a
comprehensive marine information system since the mid 1990s. The project is based
on a pilot study covering the states of Florida, Georgia and North and South Carolina
and has produced an on-line Ocean Planning Information System (OPIS) which can be
accessed at http://www.csc.noaa.gov/opis. The OPIS project has investigated the broad
range of issues that need to be considered in the construction of a marine cadastre and
has successfully built a marine information system for the pilot project area. The study
effectively delineates and emphasises the importance of a number of issues, including :

The diverse range of players that have a role in the marine environment
The plethora of legislation and regulation that impacts on marine operations
The need to consider the requirements of all stake-holders
The complex spatial and temporal interactions
The importance of accurate and well defined spatial boundary information
The poorly expressed and ambiguous nature of the spatial component of much of
the legislation
The problem of dealing with an ambulatory baseline for boundary definition

Members of the OPIS project team have produced a number of journal and on-line
articles. In preparing the above summary, reference was made to : Fowler and Treml
(2001), Neely et al. (1998), Treml et al. (1999), Lockwood and Fowler (1999).
Canada
Commencing in July 2000, a research project incorporating four Canadian universities
and five industry and government partners was commenced under the title : Good
Governance of Canadas Oceans : The Use, Value and Potential of Marine Boundary
Data. The direction and objectives of this project are quite different from the OPIS
project. The primary research focus is to consider the issues of maritime limits and
boundaries. This aim is clear from the published project summary :

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Resolving the boundary issues will be a critical first step towards a comprehensive
marine geospatial data infrastructure which provides the foundation for effective and
equitable governance of the oceans.
(Nichols, 1999)
Key to achieving the objectives of the project is an understanding of the interactions and
spatial relationships between various types of marine boundaries such as : the limits of
private and public ownership; municipal, county, provincial and territorial limits of
jurisdiction and administration; national and international boundaries; environmental
protection areas; military limits, and pipeline and cable rights-of-way
Regular updates on the Canadian project are published on the project web-site at
http://www.unb.ca/GGE/Research/OceanGov/. An important aspect of the project in
the Australian context is the emphasis placed on maritime boundaries and their accurate
delimitation. Additional details can be found in Nichols and Monahan (1999) and
Nichols et al. (2000).
New Zealand
In the past two to three years, academics and government authorities in New Zealand
have been defining the concept and developing a framework whereby the principles that
govern the management of the land cadastre can be extended to the maritime
environment. One of the strategic goals of Land Information New Zealand (LINZ) is
the need to provide information and advice to enable the government to decide how
future rights to the seabed well be defined and held. As a consequence of this, a series
of basic principles for the development of a seabed cadastre have been drafted (Grant,
1999). While the New Zealand efforts have been purely at the policy level, the relevant
publications will provide a useful source of information for Australian research in the
early stages. This includes those of Hoogsteden et al. (1999) and Robertson et al.
(1999).
Australia
There has been no substantive research in Australia in the area of designing and
developing a marine cadastre. However, at both the Federal and State levels, the issue
has been raised and is receiving some preliminary attention. For example, the
Intergovernmental Committee on Surveying and Mapping (ICSM) has a working group
considering the complex issue of the intertidal interface the boundary where land
rights cease and maritime rights commence. Furthermore, AUSLIG has been given the
responsibility of drafting a position paper for the Federal government to review the role
and requirements of various government agencies in the marine environment.
At both the State and Federal levels, agencies responsible for managing offshore
petroleum and mineral exploration have made efforts to maintain digital chart
information recording the location of various tenements and permit areas. An example
which illustrates a task-specific marine information system, can be seen at
http://www.enpex.com.au. The intention of the current project is to go beyond taskspecific systems and to build a comprehensive infrastructure that simultaneously
administers the rights, restrictions and responsibilities of all stake-holders.
Researchers in the Department of Geomatics at the University of Melbourne have been
working in the field of marine geodesy, including the geodetic definition of Australias
Marine Cadastres Collier, Leahy and Williamson Page 5

maritime boundaries and extended continental shelf, since the mid 1990s. Various
aspects of this work are presented in : Leahy et al. (1996a), Leahy et al. (1996b),
Murphy et al. (1999), Hirst et al. (1999) and Collier et al. (2001). The majority of the
work has been carried out under contract to AUSLIG and has resulted in the production
of two commercially available software packages known as MarBound and MarZone
(http://www.sli.unimelb.edu.au/marzone/). In the latter half of 2000, MarZone was used
to compute all of Australias maritime boundaries. MarZone will also be a key
computational tool used to prepare Australias claim to the United Nations (UN) for
extended continental shelf. As is clear from the Canadian study, an understanding of
the issues associated with maritime boundary delimitation is an essential pre-requisite
for the construction of a spatially reliable and comprehensive marine cadastre.
At the same time the Department of Geomatics has considerable expertise and
international recognition for research in the area of cadastres, land administration and
spatial data infrastructures. The Spatial Data Infrastructure and Cadastral Research
Group (http://www.geom.unimelb.edu.au/research/SDI_research/) comprises eight fulltime researchers and attracts significant funding from industry and the ARC.
RESEARCH PLAN
Table 1 shows a timeline for the project. It can be seen that a two year programme of
research is planned (2002 and 2003). Details of all tasks shown will not be given here.
Rather, attention will be focussed on three major components of the project the pilot
study, the process of industry consultation and a comparative review of land-based and
marine cadastres and the applicability of the Australian Spatial Data Infrastructure
(ASDI).
Pilot Project
In both the American and Canadian projects discussed above, significant pilot studies
are underway. It seems logical in planning to identify and define the issues that need to
be considered for an Australian marine cadastre that a pilot project should be
undertaken here also. The benefit of a pilot project is that it allows theoretical ideas and
concepts to be tested, evaluated and refined. Real data can be compiled and synthetic
data can also be incorporated to simulate situations that may not be present in the pilot
project area.
One of the decisions that is yet to be made is the location of the pilot study area. Ideally
the area should be complex, allowing for as much variability and interaction of various
data types and sources as possible. Alternatives considered include Bass Strait,
because this area involves the federal government, two State jurisdictions (Tasmania
and Victoria) as well as the complexities introduced by the existence of many oil and
gas production leases, proposed marine parks and fishing rights. Sections of the
Queensland coast are also likely possibilities, particularly an area including part of the
Great Barrier Reef Marine Park. Again, it is complexity and diversity of data that is key
to the selection of a good pilot project area.

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Industry Consultation
The success of the proposed project will depend on input from key players in the
maritime sector. While this will include industry partners in the project, the objective is
to consult more broadly and to take as much input as possible from as many interested
players as possible. This will be done through face-to-face interviews with major
stakeholders and a national questionnaire. In addition, two workshops will be
conducted, the first at the mid-point of the project and the second at its conclusion. The
objective of the workshops is to present current findings, identify the direction of future
research and to take feedback from the workshop participants.
One of the objectives in preparing this paper is to have interested organisations and
individuals made aware of the project and to invite an informal registration of interest
from those who would like to be involved. This can be done by sending an email to the
first author at [email protected]. Those who register will be added to a project
database and will be encouraged to participate in whatever way is most appropriate
(interview, questionnaire, workshop).
Extension of the land cadastre and application of the NSDI
While it has been pointed out in the introduction that there are many distinctions to be
made between a land and a marine cadastre, there are also undoubtedly many
similarities. The objective of this part of the project is to identify that which is common
and that which is different and to thereby determine what can be applied from landbased experience to the marine case and where new expertise and techniques need to be
developed.
Similarly, the NSDI has been developed primarily with a view to facilitating the
exchange of land-related data. The NSDI will need to be reviewed and possibly
extended in order to cover the maritime case.

CONCLUSION
Spatial data will be a critical component in the management of Australias ocean
territories. This paper has described a project to be undertaken by a group of
researchers from the Department of Geomatics at the University of Melbourne,
AUSLIG, DNRM Queensland and Land Victoria. The project, through industry
consultation, a pilot project and applied research will define the development of a
marine cadastre for Australia. It is argued that such a project is a necessary first step
toward the implementation of a marine cadastre. The objective of such a marine
cadastre must be to ensure that the rights and responsibilities of all stake holders
(government, industry and private) are adequately and equitably defined and managed.

Marine Cadastres Collier, Leahy and Williamson Page 7

Research Task

Year 1 (2002)
1

1.

Identify and evaluate relevant maritime conventions and legislation

2.

Identify Federal, State and Local agencies with administrative and jurisdictional
responsibilities

3.

Identify industry groups and private bodies with maritime interests

4.

Assess theories and principles of land based cadastres which may apply to the marine
environment

5.

Evaluate the potential role of the Australian Spatial Data Infrastructure in supporting
management of the marine environment

6.

Identify and evaluate potential areas and commence scoping for pilot project

7.

Consult with selected agencies and industry bodies to assess problems and issues that could
be addressed through a marine cadastre

8.

Assess the current status and adequacy of mapping and charting of these groups

9.

Undertake a broadly based questionnaire to assess current and potential uses of spatial data in
the marine environment

10.

Identify and quantify the spatial data requirements of the various authorities and groups

11.

First seminar present current findings, take feedback

12.

Undertake pilot project

13.

Assess levels of spatial compatibility and the nature and extent of spatial interaction (2D, 3D,
4D, other?)

14.

Develop techniques for computing and visualising intersecting areas and associated
responsibilities

15.

Consider issues of accuracy when defining and administering areas of responsibility

16.

Second seminar review findings of pilot project, propose directions for future work

17.

Evaluate and report findings

Table 1 Proposed timeline for marine cadastre project

Marine Cadastres Collier, Leahy and Williamson Page 8

Year 2 (2003)
10

11

12

10

11

12

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