339 tal-2009 - Regolamenti tal-2009 dwar l-Infrastruttura għall-Informazzjoni Ġeografika

L.N. 339 of 2009

DEVELOPMENT PLANNING ACT

(CAP. 356)

Infrastructure for Spatial Information Regulations, 2009

BY virtue of the powers conferred by article 60 of the

Development Planning Act, the Prime Minister has made the

following regulations:-

(1) The title of these regulations is the Infrastructure for

Spatial Information Regulations, 2009.

(2) These regulations shall come into force on such a

date as the Minister responsible for the environment may by notice

in the Gazette appoint and different dates may be appointed for

different provisions and different purposes of these regulations.

SPATIAL DATA THEMES

1. Coordinate reference systems

Systems for uniquely referencing spatial information in space as a set of

coordinates (x, y, z) and/or latitude and longitude and height, based on a geodetic

horizontal and vertical datum.

2. Geographical grid systems

Harmonised multi-resolution grid with a common point of origin and

standardised location and size of grid cells.

3. Geographical names

Names of areas, regions, localities, cities, suburbs, towns or settlements, or any

geographical or topographical feature of public or historical interest.

4. Administrative units

Units of administration, dividing areas where Member States have and/or

exercise jurisdictional rights, for local, regional and national governance, separated

by administrative boundaries.

5. Addresses

Location of properties based on address identifiers, usually by road name,

house number, postal code.

6. Cadastral parcels

Areas defined by cadastral registers or equivalent.

7. Transport networks

Road, rail, air and water transport networks and related infrastructure. Includes

links between different networks. Also includes the trans-European transport

network as defined in Decision No 1692/96/EC of the European Parliament and of

B

the Council of 23 July 1996 on Community Guidelines for the development of the

trans-European transport network (1) and future revisions of that Decision.

8. Hydrography

Hydrographic elements, including marine areas and all other water bodies and

items related to them, including river basins and sub-basins. Where appropriate,

according to the definitions set out in Directive 2000/60/EC of the European

Parliament and of the Council of 23 October 2000 establishing a framework for

Community action in the field of water policy (2) and in the form of networks.

For the purpose of these regulations and unless the Interpretation.

context otherwise requires

“the Competent Authority” means the Malta Information

Technology Agency;

“infrastructure for spatial information” means

metadata, spatial data sets and spatial data services; network

services and technologies; agreements on access and use;

and coordination and monitoring mechanisms, processes

and procedures, established, operated or made available in

accordance with these regulations;

“INSPIRE Geo-portal” means an Internet site, or

equivalent, providing access to the services referred to in

these regulations;

“interoperability” means the possibility for spatial data

sets to be combined, and for services to interact, without

repetitive manual intervention, in such a way that the result is

coherent and the added value of the data sets and services is

enhanced;

“metadata” means information describing spatial data

sets and spatial data services and making it possible to

discover, inventory and use them;

“public authority” means

(a) any government or other public

administration, including public advisory bodies, at

national, regional or local level;

(b) any natural or legal person performing public

administrative functions under national law, including

specific duties, activities or services in relation to the

environment; and

(c) any natural or legal person having public

responsibilities or functions, or providing public services

relating to the environment under the control of a body

or person falling within (a) or (b)

Provided that when bodies or institutions are

acting in a judicial or legislative capacity, they are not

to be regarded as a public authority for the purposes of

these regulations;

“spatial data” means any data with a direct or indirect

reference to a specific location or geographical area;

“spatial data services” means operations which may be

performed, by invoking a computer application on the spatial

data contained in spatial data sets or on the related metadata.

These regulations shall also cover spatial services related to

the spatial data sets covered by these regulations;

“spatial data set” means an identifiable collection of

spatial data which

1)

are in electronic format;

2) relate to one or more of the themes listed in

Schedules I, II and III;

3)

are held by or on behalf of a public authority;

4) relate to Maltese territory, including territorial

waters, or adjacent marine areas; and

5) are held by public authorities provided that

their collection or dissemination is required by law

Provided that spatial data sets not held by public

authorities, but which meet the requirements of a spatial

data set shall be covered by these regulations if the

national geoportal has been made available to the holder

of such data

Provided further that public authorities may only

take action regarding spatial data sets on which a third

party holds intellectual property rights with the consent

of that third party

Provided also that in cases where multiple identical

copies of the same spatial data set are held by or on

behalf of several different public authorities, these

regulations shall only cover the reference version from

which copies are derived;

“spatial object” means an abstract representation of

a real-word phenomenon related to a specific location or

geographical area;

“third party” means any natural or legal person other

than a public authority.

SPATIAL DATA THEMES

1. Elevation

Digital elevation models for land, ice and ocean surface. Includes terrestrial

elevation, bathymetry and shoreline.

2. Land cover

Physical and biological cover of the earth’s surface including artificial surfaces,

agricultural areas, forests, (semi-)natural areas, wetlands, water bodies.

3. Orthoimagery

Geo-referenced image data of the Earth’s surface, from either satellite or

airborne sensors.

4. Geology

Geology characterised according to composition and structure. Includes

bedrock, aquifers and geomorphology.

B

(1) Public authorities shall create metadata for the

spatial data sets or spatial data services which they hold. Metadata

shall be kept up to date.

(2) The Competent Authority shall establish guidelines

on the information metadata shall include and on the updating

of the metadata and also on technical arrangements of the

interoperability and harmonization of spatial data sets and spatial

data services.

SPATIAL DATA THEMES

1. Statistical units

Units for dissemination or use of statistical information.

2. Buildings

Geographical location of buildings.

3. Soil

Soils and subsoil characterised according to depth, texture, structure and

content of particles and organic material, stoniness, erosion, where appropriate mean

slope and anticipated water storage capacity.

4. Land use

Territory characterised according to its current and future planned functional

dimension or socio-economic purpose (e.g. residential, industrial, commercial,

agricultural, forestry, recreational).

5. Human health and safety

Geographical distribution of dominance of pathologies (allergies, cancers,

respiratory diseases, etc.), information indicating the effect on health (biomarkers,

decline of fertility, epidemics) or well-being of humans (fatigue, stress, etc.)

linked directly (air pollution, chemicals, depletion of the ozone layer, noise, etc.)

or indirectly (food, genetically modified organisms, etc.) to the quality of the

environment.

6. Utility and governmental services

Includes utility facilities such as sewage, waste management, energy supply

and water supply, administrative and social governmental services such as public

administrations, civil protection sites, schools and hospitals.

7. Environmental monitoring facilities

Location and operation of environmental monitoring facilities includes

observation and measurement of emissions, of the state of environmental media and

of other ecosystem parameters (biodiversity, ecological conditions of vegetation,

etc.) by or on behalf of public authorities.

B

8. Production and industrial facilities

Industrial production sites, including installations covered by Council Directive

96/61/EC of 24 September 1996 concerning integrated pollution prevention and

control (1) and water abstraction facilities, mining, storage sites.

9. Agricultural and aquaculture facilities

Farming equipment and production facilities (including irrigation systems,

greenhouses and stables).

(1) The Competent Authority shall establish and operate

the following services on the internet through the INSPIRE Geo-

(a) discovery services making it possible to search for

spatial data sets and spatial data services on the basis of the

content of the correspondence metadata and to display the

content of the metadata;

(b) view services making it possible, as a minimum,

to display, navigate, zoom in/out, pan, or, overlay viewable

special data sets and to display legend information and any

relevant content of metadata;

(c) download services, enabling copies of spatial

data sets, or parts of such sets, to be downloaded and, where

practicable, accessed directly;

(d) transformation services, enabling spatial data sets

to be transformed with a view to achieving interoperability.

These transformation services, shall be combined with

the other services mentioned in this sub-regulation in such

a way as to enable all those services to be operated in

conformity with the provisions on technical arrangements for

interoperability and harmonization of spatial data sets and

spatial data services;

(e)

services allowing spatial data services to be

invoked.

(2) For the purposes of the services mentioned in

sub-regulation (1) hereof, the following search criteria shall be

implemented

(a) keywords;

(b)

classification of spatial data and spatial data

services;

(c)

the quality and validity of spatial data;

(d) degree of conformity with the provisions on

interoperability and harmonization of spatial data sets and

spatial data services;

(e)

geographical location;

(f) conditions applying to the access and use of spatial

data sets and spatial data services;

(g) the public authorities responsible for the

establishment, management, maintenance and distribution of

spatial data sets and spatial data services.

(1) Public authorities shall link their spatial data sets Link to the INSPIRE

and spatial data services to the INSPIRE Geoportal in accordance

with the provisions of regulation 4.

(2) Holders of spatial data sets and spatial data

services which are in accordance with the provisions of these

regulations and the provisions on metadata, network services

and interoperability stipulated by the Commission according

to the Directive of the European Parliament and of the Council

on establishing and Infrastructure for Spatial Information in the

European Community, may, upon request to the Competent

Authority, link their spatial data sets and spatial data services to the

INSPIRE Geoportal.

(1) Subject to the provisions of regulation 7 of the Access to the

Freedom of Access to Information on the Environment Regulations, INSPIRE Geoportal.

any person shall have access via the INSPIRE Geoportal to spatial L.N. 116 of 2005.

data sets and spatial data services relating to environmental

information or themes listed in Schedules I, II or III to these

regulations. Access to search for spatial data sets and spatial data

services on the basis of the content of the corresponding metadata

and to display the content of the metadata via the discovery

services mentioned in regulation 4, may only be limited with regard

to international interests, public security and national defence.

(2) Data made available through the view services

referred to in regulation 4 may be in a form preventing their re-use

for commercial purposes.

(3) Decisions relating to the provisions of sub-

regulations (1) and (2) hereof shall be made by the authority

holding the spatial data sets or the spatial data services. Decisions

of the said authority shall be construed as decisions of the

Competent Authority under the provisions of the Freedom of

Access to Information on the Environment Regulations, and the

provisions of the said regulations shall apply mutatis mutandis to

these regulations.

(1) The discovery and view services mentioned in

regulation 4 shall be available to the public free of charge.

(2) Public authorities supplying other services

mentioned in regulation 4 may do so at a charge and may also be

covered by disclaimers or licences

Provided that the service is offered through e-commerce.

(1) A public authority shall make spatial data sets and

spatial data services available to other public authorities requiring

this in the execution of their public tasks.

(2) For the purposes of public tasks that may have

an impact on the environment, spatial data sets and spatial data

services may be made available to EU institutions or EU bodies

and to public authorities of other EU Member States.

(3) A public authority may license or require payment

from other public authorities that pursuant to sub-regulations (1)

and (2) use the spatial data sets or spatial data services of the

relevant authority.

(4) Spatial data sets and spatial data services made

available to EU institutions or EU bodies required for the fulfilment

of reporting obligations pursuant to EU regulations related to the

environment shall not, however, be subject to any payment.

(5) For the purposes of public tasks that may have

an impact on the environment, spatial data sets and spatial

data services may be made available to bodies established by

international agreements to which the EU and EU Member States.

The provisions of sub-regulation (3) hereof shall apply.

(6) Access to make spatial data sets and spatial data

services may be limited by the authority holding the spatial data set

or the spatial data service for the purpose of the process of justice,

international interests, public security or national defence.

(7) The Competent Authority may, after consultation

with the relevant parties, decide whether spatial data sets or spatial

data services may be made available and impose conditions it may

deem fit and appropriate.

B

Protected sites

Area designated or managed within a framework of international, Community

and Member States’ legislation to achieve specific conservation objectives.

(1) OJ L 228, 9.9.1996, p. 1. Decision as last amended by Council Regulation

(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No

2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

B

Population distribution — demography

Geographical distribution of people, including population characteristics and

activity levels, aggregated by grid, region, administrative unit or other analytical

unit.

Area management/restriction/regulation zones and reporting units

Areas managed, regulated or used for reporting at international, European,

national, regional and local levels. Includes dumping sites, restricted areas around

drinking water sources, nitrate-vulnerable zones, regulated fairways at sea or large

inland waters, areas for the dumping of waste, noise restriction zones, prospecting

and mining permit areas, river basin districts, relevant reporting units and coastal

zone management areas.

Natural risk zones

Vulnerable areas characterised according to natural hazards (all atmospheric,

hydrologic, seismic, volcanic and wildfire phenomena that, because of their location,

severity, and frequency, have the potential to seriously affect society), e.g. floods,

landslides and subsidence, avalanches, forest fires, earthquakes, volcanic eruptions.

Atmospheric conditions

Physical conditions in the atmosphere. Includes spatial data based on

measurements, on models or on a combination thereof and includes measurement

locations.

Meteorological geographical features

Weather conditions and their measurements; precipitation, temperature,

evapotranspiration, wind speed and direction.

Oceanographic geographical features

Physical conditions of oceans (currents, salinity, wave heights, etc.).

Sea regions

Physical conditions of seas and saline water bodies divided into regions and

sub-regions with common characteristics.

Bio-geographical regions

Areas of relatively homogeneous ecological conditions with common

characteristics.

Habitats and biotopes

Geographical areas characterised by specific ecological conditions, processes,

structure, and (life support) functions that physically support the organisms that live

there. Includes terrestrial and aquatic areas distinguished by geographical, abiotic

and biotic features, whether entirely natural or semi-natural.

Species distribution

Geographical distribution of occurrence of animal and plant species aggregated

by grid, region, administrative unit or other analytical unit.

Energy resources

Energy resources including hydrocarbons, hydropower, bio-energy, solar,

wind, etc., where relevant including depth/height information on the extent of the

resource.

Mineral resources

Mineral resources including metal ores, industrial minerals, etc., where

relevant including depth/height information on the extent of the resource.

(1) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation

(EC) No 166/2006 of the European Parliament and of the Council

(OJ L 33, 4.2.2006, p. 1).

B

B

€1.30