Chapter 4 Marine
Chapter 4 Marine
Chapter 4 Marine
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 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
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.
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) MARINE SDI (cont.) MARINE SDI (cont.)
• An SDI is a framework or system that facilitates the
exchange and sharing of spatial data between people DYNAMIC
(Figure 3). It can be described as the underlying • The development of a marine SDI is a
infrastructure, often in the form of policies, standards and critical part of the development and use
access networks that allows data to be shared between STANDARD
and within organizations, states or countries. of marine GIS. A marine SDI will provide
• Some of the benefits of developing SDI are: access to the marine spatial data to be
PEOPLE POLICY DATA
ޓ national sovereignty used in a marine GIS. Without a marine
ޓ national security
ޓ improved access to data ACCESS
SDI, accessing and sharing marine and
NETWORK coastal spatial data will become a very
ޓ reduced duplication of effort in collecting and
maintaining data difficult and timely process.
ޓ better availability of data and
Figure 3: SDI Components
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MARINE SDI (cont.) UNITED NATIONS CONVENTION ON THE LAW UNCLOS MARITIME ZONES
OF THE SEA (UNCLOS)
• UNCLOS set the limit of various areas measured from
• Some of the most important information used in • The Law of the Sea Convention or the Law of
planning and management of the marine and coastal a carefully defined baseline for coastal nations to
environments is the different boundaries and their the Sea Treaty determine their seaward limits of maritime zones.
associated rights, restrictions and responsibilities. • It is an international agreement that defines
• Hence there is clearly a need to create a marine the rights and responsibilities of nations in
cadastre that will both form an important layer in a
marine SDI, and also be a base dataset upon which their use of the world’s oceans, establishing
others can be built. guidelines for businesses, the environment,
• This will help marine GIS users gain access to critical and the management of marine natural
information relating to maritime boundaries and other resources.
important information used in marine management.
• UNCLOS came into force in 1994.
UNCLOS MARITIME ZONES (cont.)
ZONE DEFINITION COASTAL STATE JURISDICTION
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 Coastal Nation is free to set
(0 – 3 nm) limit of 3nm laws, regulate use, and use any
resource. Foreign vessels have
no right of passage within CW.
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 resource. Foreign vessels have
the rights of innocent passage
within TS.
Contiguous Zone (CZ) Band of ocean adjacent to the Coastal Nation has the right to
(12 – 24 nm) territorial sea (12nm), with the enforce laws in 4 specific
outer limit of the contiguous areas: customs, taxation,
zone not exceeding 24nm from immigration and pollution
the TSB
Exclusive Economic Zone (EEZ) Area stretching from the limit Coastal Nation has sole
(12 – 200 nm) of the territorial sea (12nm) exploitation rights over all
out to and not exceeding natural resources
200nm from the TSB
C ti t l Sh lf (CS) A ti i i ht t 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
• There is the need for clearly defined boundaries in • Issues such as data formats, reference frames, • The marine cadastre can extend out to 600m
up to four dimensions (3D and time) to enable a offshore to include jetties, marinas and other
better understanding and management of the spatial data infrastructures and even assessing
maritime infrastructure. In these cases, land
competing rights and interests in the marine the completeness and reliability of the spatial surveyors have a role in defining the extent of
environment and especially the coastal zone. Land information obtained, is not fully comprehended
surveyors can use spatial technologies such as these boundaries in terrestrial/coastal and marine
aerial photography, remote sensing, hydrographic by people from the maritime industries. There is areas. Much of the technology that is used in land
surveying and GPS/GNSS to assess and administers a clear role for land surveyors to work with the surveying is applicable to the marine environment.
rights, restrictions and responsibilities, and to try marine industries to provide better solutions to For example, the accuracy and range of GPS/GNSS
and describe the boundaries of a particular can provide a useful solution for defining
resource or location in the marine environment. defining and managing boundaries and related
boundaries in the marine environment.
spatial data in the marine environment.