OVERVIEW WHAT IS MARINE CADASTRE?

MARINE CADASTER & Ɣ TOTAL LAND AREA : 330,000 Sq. KM

• A MARINE CADASTRE IS A SYSTEM TO ENABLE THE BOUNDARIES
MANAGEMENT SYSTEM Ɣ MARITIME AREA : 574,000 Sq. KM OF MARITIME RIGHTS AND INTERESTS TO BE RECORDED,
SPATIALLY MANAGED AND PHYSICALLY DEFINED IN
Ɣ COASTLINE LENGTH : 4,300 KM
RELATIONSHIP TO THE BOUNDARIES OF OTHER NEIGHBOURING
OR UNDERLYING RIGHTS AND INTERESTS (ROBERTSON ET AL,
1999)
• MARINE CADASTRE IS A MARINE INFORMATION SYSTEM,
ENCOMPASSING BOTH THE NATURE AND SPATIAL EXTENT OF
INTERESTS AND PROPERTY RIGHTS, WITH RESPECT TO
OWNERSHIP AND VARIOUS RIGHTS AND RESPONSIBILITIES IN
THE MARINE JURISDICTION (NICHOLS, S. ET AL, 2005)

MARINE RIGHTS
WHAT IS MARINE CADASTRE? (CONT.) IMPORTANCE AND VALUES OF MARINE SPACES

• MARINE CADASTRE INVOLVES THE MANAGEMENT OF ACTIVITIES AT SEA IN ł Sources of food from animals, plants and fishes
Recreational Rights
ORDER TO CONTROL THE MARINE ACTIVITIES FROM RANDOM
Native Rights • Means of transportation
Development Rights EXPLOITATION UNTIL IT CREATES WASTAGE AND PROBLEMS IN THE
Navigation Rights
ENVIRONMENT. • Means of communication (subsea cables)
Public Access Rights
• Areas for development (mineral extraction)
Exploration Rights
Fishing Rights • Areas for recreation
• Areas for dumping of waste
Seabed Use Rights
• Areas for scientific research
Mineral Rights

Marine Cadastre Rights (Nichols et al., 2000)


ACTIVITY
1. Tourism & Recreation
2. Marine Protected Areas
3. Shipping
4. Heritage
5. Cables and Pipelines
6. Minerals and Energy
7. Ocean Waste Disposal
8. Aquaculture Leases
RANGE OF ACTIVITIES IN MARINE
ENVIRONMENT DIFFERENCES BETWEEN LAND-BASED MARINE CADASTRE CONCEPT
EXAMPLES
CADASTRE AND MARINE CADASTRE
Diving, boating, fishing, swimming LAND-BASED CADASTRE MARINE CADASTRE
Marine National Parks, Marine Boundary marks are placed physically or Unable to offer such physical delimitation
Sanctuaries demarcated to indicate limit of boundaries (generally no physical evidence of
Commercial Shipping boundaries)
Freight Haulage
2D and 3D (Easting, Northing and 4D nature of marine environment (3D plus
Passenger Ferries
Elevation) time i.e. the ever-changing dynamics of the
Shipwrecks, Indigenous Artifacts seas and oceans)
Oil & Gas Pipelines, Electricity Easy to determine the right, responsibility The rights for marine cadastre are
Cables, Telecommunications and restriction overlapping in nature which makes the
demarcation of marine parcels or lots very
Mineral Exploration, Oil & Gas complex The marine cadastre diagram describes a marine cadastre as providing the
Exploration
Chemical Dumps, Ammunition
ability to ‘describe, visualise and realise’ the various Rights, Restrictions and
Dumps Concept of tenure clearly exist Concept of tenure does not exist. Responsibilities (3R) within the marine and coastal environments
Oyster Farms, Mussel Farms

MARINE SPATIAL DATA INFRASTRUCTURE (MSDI) UNITED NATIONS CONVENTION ON THE LAW UNCLOS MARITIME ZONES
• AN SDI IS A FRAMEWORK OR SYSTEM THAT FACILITATES THE EXCHANGE AND SHARING OF OF THE SEA (UNCLOS)
SPATIAL DATA BETWEEN PEOPLE. IT CAN BE DESCRIBED AS THE UNDERLYING • UNCLOS SET THE LIMIT OF VARIOUS AREAS
INFRASTRUCTURE, OFTEN IN THE FORM OF POLICIES, STANDARDS AND ACCESS NETWORKS
• THE LAW OF THE SEA CONVENTION OR THE LAW OF THE SEA TREATY
THAT ALLOWS DATA TO BE SHARED BETWEEN AND WITHIN ORGANIZATIONS, STATES OR MEASURED FROM A CAREFULLY DEFINED BASELINE
COUNTRIES. • IT IS AN INTERNATIONAL AGREEMENT THAT DEFINES THE RIGHTS AND
FOR COASTAL NATIONS TO DETERMINE THEIR
• SOME OF THE BENEFITS OF DEVELOPING SDI ARE: RESPONSIBILITIES OF NATIONS IN THEIR USE OF THE WORLD’S OCEANS,
ESTABLISHING GUIDELINES FOR BUSINESSES, THE ENVIRONMENT, AND THE SEAWARD LIMITS OF MARITIME ZONES.
‫ޓ‬ NATIONAL SOVEREIGNTY
MANAGEMENT OF MARINE NATURAL RESOURCES.
‫ޓ‬ NATIONAL SECURITY
• UNCLOS CAME INTO FORCE IN 1994.
‫ޓ‬ IMPROVED ACCESS TO DATA
‫ޓ‬ REDUCED DUPLICATION OF EFFORT IN COLLECTING AND
MAINTAINING DATA
‫ޓ‬ BETTER AVAILABILITY OF DATA AND
‫ޓ‬ INTEROPERABILITY BETWEEN DATASETS
 UNCLOS MARITIME ZONES (CONT.)
ZONE DEFINITION COASTAL STATE JURISDICTION
TYPES OF BASELINE
Territorial Sea Baseline (TSB) The line which the seaward limits are
(0 nm) measured normally from Low Water Mark
• NORMAL BASELINE – NORMALLY LOW WATER MARK ALONG THE COAST
AS MARKED ON LARGE-SCALE OFFICIAL CHARTS.
Coastal Waters (CW) (0 – 3 Waters from the TSB out to a limit of 3nm Coastal Nation is free to set laws, regulate
nm) use, and use any resource. Foreign vessels • STRAIGHT BASELINE – WHEN THE COASTLINE IS DEEPLY INDENTED OR HAS
have no right of passage within CW.
FRINGING ISLANDS, THE METHOD OF STRAIGHT BASELINES CONNECTING
Territorial Sea (TS) Band of ocean adjacent to the coastline, the Coastal Nation is free to set laws, regulate OUTERMOST POINTS OR FRINGE OF ISLANDS NEAR THE COAST MAY BE
(0 – 12 nm) outer limit which does not exceed 12nm use, and use any resource. Foreign vessels
have the rights of innocent passage within EMPLOYED BUT FOLLOWING CERTAIN CONDITIONS.
TS.
• ARCHIPELAGIC BASELINE – BASELINES JOINING THE OUTERMOST POINTS
Contiguous Zone (CZ) Band of ocean adjacent to the territorial sea Coastal Nation has the right to enforce laws
(12 – 24 nm) (12nm), with the outer limit of the contiguous in 4 specific areas: customs, taxation, OF THE OUTERMOST ISLANDS AND DRYING REEFS OF THE ARCHIPELAGO
zone not exceeding 24nm from the TSB immigration and pollution PROVIDED THEY DO NOT EXCEED 100NM IN LENGTH.

Exclusive Economic Zone (EEZ) Area stretching from the limit of the Coastal Nation has sole exploitation rights
(12 – 200 nm) territorial sea (12nm) out to and not over all natural resources
exceeding 200nm from the TSB

Continental Shelf (CS) A nation may gain rights to a CS beyond the Coastal Nation has the right to harvest
(12 – 350 nm) 200nm from the TSB mineral and non-living material in the subsoil
of its CS

LAND SURVEYORS ROLE IN MARINE CADASTRE

• A MARITIME NATION’S RIGHTS AND INTERESTS DO NOT STOP AT THE

COASTLINE - THEY EXTEND OUT TO THE LIMIT OF THE MARINE
JURISDICTION. IT IS ESSENTIAL FOR THE ACHIEVEMENT OF SUSTAINABLE
DEVELOPMENT OBJECTIVES.
- THERE IS THE NEED FOR CLEARLY DEFINED BOUNDARIES IN UP TO
FOUR DIMENSIONS (3D AND TIME) TO ENABLE A BETTER
UNDERSTANDING AND MANAGEMENT OF THE COMPETING
RIGHTS AND INTERESTS IN THE MARINE ENVIRONMENT AND
ESPECIALLY THE COASTAL ZONE.

LAND SURVEYORS ROLE IN MARINE CADASTRE
• ISSUES SUCH AS DATA FORMATS, REFERENCE FRAMES, SPATIAL DATA
- LAND SURVEYORS CAN USE SPATIAL TECHNOLOGIES SUCH AS AERIAL
PHOTOGRAPHY, REMOTE SENSING, HYDROGRAPHIC SURVEYING AND
GPS/GNSS TO ASSESS AND ADMINISTERS RIGHTS, RESTRICTIONS AND
RESPONSIBILITIES
- DESCRIBE THE BOUNDARIES OF A PARTICULAR RESOURCE OR LOCATION IN
THE MARINE ENVIRONMENT.
LAND SURVEYORS ROLE IN MARINE LAND SURVEYORS ROLE IN MARINE CADASTRE
CADASTRE (CONT.)
• THE MARINE CADASTRE CAN EXTEND OUT TO 600M OFFSHORE TO INCLUDE JETTIES, MARINAS AND
INFRASTRUCTURES AND EVEN ASSESSING THE COMPLETENESS AND OTHER MARITIME INFRASTRUCTURE. IN THESE CASES, LAND SURVEYORS HAVE A ROLE IN
RELIABILITY OF THE SPATIAL INFORMATION OBTAINED, IS NOT FULLY
- DEFINING THE EXTENT OF THESE BOUNDARIES IN TERRESTRIAL/COASTAL AND MARINE AREAS.
COMPREHENDED BY PEOPLE FROM THE MARITIME INDUSTRIES. THERE IS A
MUCH OF THE TECHNOLOGY THAT IS USED IN LAND SURVEYING IS APPLICABLE TO THE
CLEAR ROLE FOR LAND SURVEYORS TO WORK WITH THE MARINE INDUSTRIES
MARINE ENVIRONMENT. FOR EXAMPLE, THE ACCURACY AND RANGE OF GPS/GNSS CAN
TO PROVIDE BETTER SOLUTIONS TO DEFINING AND MANAGING
PROVIDE A USEFUL SOLUTION FOR DEFINING BOUNDARIES IN THE MARINE ENVIRONMENT.
BOUNDARIES AND RELATED SPATIAL DATA IN THE MARINE ENVIRONMENT.
 MARINE CADASTRE OVERVIEW WHAT IS MARINE CADASTRE?

Ɣ Total Land Area : 330,000 sq. km • A marine cadastre is a system to enable the
Ɣ Maritime Area : 574,000 sq. km
boundaries of maritime rights (Figure 1) and interests
to be recorded, spatially managed and physically
Ɣ Coastline Length : 4,300 km
defined in relationship to the boundaries of other
Ɣ No. of Islands : 982 neighbouring or underlying rights and interests
Ɣ Territorial Waters alone represent roughly 30% (Robertson et al, 1999)
of Malaysia’s land mass
• Marine cadastre is a marine information system,
Ɣ Territorial Waters and Exclusive Economic Zones encompassing both the nature and spatial extent of
extend approximately 1.8 times the land mass of interests and property rights, with respect to
Malaysia ownership and various rights and responsibilities in
the marine jurisdiction (Nichols, S. et al, 2005)

MARINE RIGHTS
WHAT IS MARINE CADASTRE? (cont.) IMPORTANCE AND VALUES OF MARINE SPACES

• Marine cadastre involves the management of ł Sources of food from animals, plants and fishes
Recreational Rights
Native Rights
activities at sea in order to control the marine • Means of transportation
Navigation Rights Development Rights activities from random exploitation until it creates • Means of communication (subsea cables)
Public Access Rights wastage and problems in the environment.
Exploration Rights
• Areas for development (mineral extraction)
• Marine cadastre is also a method to manage
Fishing Rights • Areas for recreation
marine areas by tying areas or locations from the
coastal area to projected areas towards the sea • Areas for dumping of waste
Seabed Use Rights
until the Exclusive Economic Zone(EEZ) which are • Areas for scientific research
Mineral Rights rich in natural resources beneath the sea or
ocean.

Figure 1: Marine Cadastre Rights (Nichols et al., 2000)

 DIFFERENCES BETWEEN LAND-BASED CADASTRE AND RANGE OF ACTIVITIES IN MARINE
DIFFERENCES BETWEEN LAND-BASED ENVIRONMENT
MARINE CADASTRE CADASTRE AND MARINE CADASTRE (cont.)
ACTIVITY EXAMPLES
• Land-based cadastre boundary marks are placed physically or
1. Tourism & Recreation Diving, boating, fishing, swimming
demarcated to indicate limit of boundaries whereas the ocean • In marine cadastre, concept of tenure does 2. Marine Protected Areas Marine National Parks, Marine
not exist. Sanctuaries
is unable to offer such physical delimitation (generally no
3. Shipping Commercial Shipping
physical evidence of boundaries). • The rights for marine cadastre are overlapping Freight Haulage
Passenger Ferries
• 4D nature of marine environment (3D plus time i.e. the ever- in nature which makes the demarcation of 4. Heritage Shipwrecks, Indigenous Artifacts
changing dynamics of the seas and oceans). Land-based marine parcels or lots very complex. 5. Cables and Pipelines Oil & Gas Pipelines, Electricity Cables,
Telecommunications
cadastre generally consist of 2D and 3D. 6. Minerals and Energy Mineral Exploration, Oil & Gas Exploration
7. Ocean Waste Disposal Chemical Dumps, Ammunition Dumps
8. Aquaculture Leases Oyster Farms, Mussel Farms

MARINE CADASTRE CONCEPT (FIGURE 2)
MARINE CADASTRE CONCEPT (cont.) MARINE CADASTRE CONCEPT (cont.)
• The marine cadastre diagram describes a marine
cadastre as providing the ability to ‘describe,
visualise and realise’ the various Rights,
Restrictions and Responsibilities (3R) within the
marine and coastal environments (Binns et al,
2004).
• This means being able to ‘describe’ a particular
right or interest – i.e an aquaculture lease or
shipping channel, then being able to ‘visualise’
the boundaries and associated information, and
finally being able to ‘realise’ or locate this
information in the real world (Figure 2).
MARINE SPATIAL DATA INFRASTRUCTURE (MSDI)
• An SDI is a framework or system that facilitates the
exchange and sharing of spatial data between people
(Figure 3). It can be described as the underlying
infrastructure, often in the form of policies, standards and
access networks that allows data to be shared between
and within organizations, states or countries.
• Some of the benefits of developing SDI are:
‫ޓ‬ national sovereignty
‫ޓ‬ national security
‫ޓ‬ improved access to data
‫ޓ‬ reduced duplication of effort in collecting and
maintaining data
‫ޓ‬ better availability of data and
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MARINE SDI (cont.)
• Some of the most important information used in
planning and management of the marine and coastal
environments is the different boundaries and their
associated rights, restrictions and responsibilities.
• Hence there is clearly a need to create a marine
cadastre that will both form an important layer in a
marine SDI, and also be a base dataset upon which
others can be built.
• This will help marine GIS users gain access to critical
information relating to maritime boundaries and other
important information used in marine management.
MARINE SDI (cont.) MARINE SDI (cont.)
DYNAMIC
• The development of a marine SDI is a
critical part of the development and use
STANDARD
of marine GIS. A marine SDI will provide
access to the marine spatial data to be
PEOPLE POLICY DATA
used in a marine GIS. Without a marine
ACCESS
SDI, accessing and sharing marine and
NETWORK coastal spatial data will become a very
difficult and timely process.
Figure 3: SDI Components
UNITED NATIONS CONVENTION ON THE LAW UNCLOS MARITIME ZONES
OF THE SEA (UNCLOS)
• UNCLOS set the limit of various areas measured from
• The Law of the Sea Convention or the Law of
a carefully defined baseline for coastal nations to
the Sea Treaty determine their seaward limits of maritime zones.
• It is an international agreement that defines
the rights and responsibilities of nations in
their use of the world’s oceans, establishing
guidelines for businesses, the environment,
and the management of marine natural
resources.
• UNCLOS came into force in 1994.
 UNCLOS MARITIME ZONES (cont.)
ZONE DEFINITION
Territorial Sea Baseline (TSB) The line which the seaward
(0 nm) limits are measured normally
from Low Water Mark
Coastal Waters (CW) Waters from the TSB out to a
(0 – 3 nm) limit of 3nm
Territorial Sea (TS) Band of ocean adjacent to the Coastal Nation is free to set
(0 – 12 nm) coastline, the outer limit which laws, regulate use, and use any
does not exceed 12nm
Contiguous Zone (CZ) Band of ocean adjacent to the
(12 – 24 nm) territorial sea (12nm), with the
outer limit of the contiguous
zone not exceeding 24nm from
the TSB
Exclusive Economic Zone (EEZ) Area stretching from the limit
(12 – 200 nm) of the territorial sea (12nm)
out to and not exceeding
200nm from the TSB
C ti t l Sh lf (CS) A ti i i ht t
COASTAL STATE JURISDICTION
Coastal Nation is free to set
laws, regulate use, and use any
resource. Foreign vessels have
no right of passage within CW.
resource. Foreign vessels have
the rights of innocent passage
within TS.
Coastal Nation has the right to
enforce laws in 4 specific
areas: customs, taxation,
immigration and pollution
Coastal Nation has sole
exploitation rights over all
natural resources
C t l N ti h th i ht t

STRAIGHT BASELINES MAP SHOWING STRAIGHT BASELINE SEPARATING INTERNAL WATERS FROM MARITIME
TYPES OF BASELINE ZONES

• Normal Baseline – normally Low Water Mark

along the coast as marked on large-scale official
charts.
• Straight Baseline – when the coastline is deeply
indented or has fringing islands, the method of
straight baselines connecting outermost points or
fringe of islands near the coast may be employed
but following certain conditions.
• Archipelagic Baseline – baselines joining the
outermost points of the outermost islands and
drying reefs of the archipelago provided they do
not exceed 100nm in length.
 ISSUES
SUES IN ADMINISTERING
ADMINISTERIN ENVIRONMENTAL ISSUES SOCIO
O-
O-ECONOMIC AND POLICY ISSUES
MARINE CADASTRE

• Ocean management requires actions and policies – at local,

In the implementation of Marine cadastre, environmental issues
1. Environmental should be properly addressed such as:
භ Complex ecosystems and habitats – conflicting pressures
2. Socio-Economic & Policy and demands on the marine and coastal spaces
භ Marine resources – National interests
3. Technical
භ Conservation and protection of environmental resources
4. Spatial Data භ Sustainable development – present use of environments
and resources do not affect future generations
national, regional and global levels
• Requirement of mechanisms and structures for governance of
marine territories
• Ratification and enforcement of policies and directions at
international level need resolution
• Lack of coordination and integration for managing marine
resources at national level that requires obligations,
responsibilities and clear mandates
• Respect of needs, aspirations and interests of indigenous
peoples – include them in the administration of marine
environments that can affect them.

TECHNICAL ISSUES LAND SURVEYORS ROLE IN MARINE CADASTRE

Some of the technical issues are as follows:
• Spatial information technologies are available - to
support decision for policy makers/resource
managers for managing coastal/marine information.
• However, knowledge needed to use them
appropriately and effectively is not.
• Therefore clear need of technology transfer,
education and training
• Lack of knowledge in latest technology and its
applications
SPATIAL DATA ISSUES
• A maritime nation’s rights and interests do not
Spatial data issues or problems that may require
to be overcome such as:
• Lack of data – appropriate data may not exist
• Data – incompatible formats, out-of-date or
incomplete
• Data may be available – but not accessible/
restricted on grounds of security
stop at the coastline - they extend out to the
limit of the marine jurisdiction. In particular
the appropriate management of the coastal
zone (several kilometers inland and several
kilometers out to sea) is essential for the
achievement of sustainable development
objectives. Figure 1 attempts to show the
breadth and complexity of the relationship
and impact of people to the coastal zone.

LAND SURVEYORS ROLE IN MARINE CADASTRE (cont.)
• There is the need for clearly defined boundaries in
up to four dimensions (3D and time) to enable a
better understanding and management of the
competing rights and interests in the marine
environment and especially the coastal zone. Land
surveyors can use spatial technologies such as
aerial photography, remote sensing, hydrographic
surveying and GPS/GNSS to assess and administers
rights, restrictions and responsibilities, and to try
and describe the boundaries of a particular
resource or location in the marine environment.
LAND SURVEYORS ROLE IN MARINE CADASTRE
(cont.)
• The land surveyor now has the opportunity to contribute to
the development of the marine cadastre, through providing an
accurate description of the boundaries of all the rights and
interests in the marine and coastal environments in the context
of a spatial data infrastructure (SDI) that includes both the land
and marine environments.
LAND SURVEYORS ROLE IN MARINE CADASTRE
(cont.)
• Issues such as data formats, reference frames,
spatial data infrastructures and even assessing
the completeness and reliability of the spatial
information obtained, is not fully comprehended
by people from the maritime industries. There is
a clear role for land surveyors to work with the
marine industries to provide better solutions to
defining and managing boundaries and related
spatial data in the marine environment.
LAND SURVEYORS ROLE IN MARINE CADASTRE
(cont.)
• The marine cadastre can extend out to 600m
offshore to include jetties, marinas and other
maritime infrastructure. In these cases, land
surveyors have a role in defining the extent of
these boundaries in terrestrial/coastal and marine
areas. Much of the technology that is used in land
surveying is applicable to the marine environment.
For example, the accuracy and range of GPS/GNSS
can provide a useful solution for defining
boundaries in the marine environment.