Infrastructure for Spatial Information Regulations, 2013

L.N. 185 of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Infrastructure for Spatial Information Regulations, 2013

IN EXERCISE of the powers conferred by articles 60 and 61of

the Environment and Development Planning Act, the Minister for

Sustainable Development, the Environment and Climate Change and

the Parliamentary Secretary for Planning and Simplification of

Administrative Processes, after consultation with the Malta

Environment and Planning Authority, have made the following

regulations:-

The title of these regulations is the Infrastructure for Citation.

Spatial Information Regulations, 2013.

Regulations 2, 3 and 6

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 the Council of 23 July 1996 on Community Guidelines for the

development of the trans-European transport network ( * ) and future revisions of

that Decision.

*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).

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 ( * ) and in the form of

networks.

9. Protected sites

Area designated or managed within a framework of international,

Community and Member States' legislation to achieve specific conservation

objectives.

For the purpose of these regulations and unless the context Interpretation.

otherwise requires

"the competent authority" means the Malta Information

Technology Agency;

"Directive" means the Directive 2007/2/EC of the European

Parliament and of the Council of 14th March 2007 establishing an

Infrastructure for Spatial Information in the European Community

(INSPIRE) and includes any other European Union rules and

regulations implementing the Directive;

"infrastructure for spatial information" means metadata, spatial

data sets and spatial data services; network services and technologies;

agreements on sharing, 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 paragraphs (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

(a)

are in electronic format;

(b)

relate to one or more of the themes listed in

Schedules I, II and III;

(c)

are held by or on behalf of a public authority;

(d)

relate to Maltese territory, including territorial

waters, or adjacent marine areas; and

(e)

are held by public authorities provided that their

collection or dissemination falls within the scope of its public

tasks

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.

Regulations 2, 3 and 6

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.

*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).

(1)

Public authorities shall create metadata for the Metadata.

spatial data sets or spatial data services corresponding to the spatial

data themes listed in Schedules I, II and III. Metadata shall be kept up

to date.

(2) The competent authority shall establish guidelines on the

information which 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

reflecting

(a)

conformity with implementing rules referred to in

Article 5(4) of the Directive;

(b)

conditions applying to access to, and use of, spatial

data sets and services and, where applicable, corresponding

fees;

(c)

the quality and validity of spatial data sets;

(d)

the public authorities responsible for the

establishment, management, maintenance and distribution of

spatial data sets and services;

(e)

limitations on public access and the reasons for

such limitations.

Regulations 2, 3 and 6

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.

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 ( * ) and water abstraction facilities, mining, storage sites.

9. Agricultural and aquaculture facilities

Farming equipment and production facilities (including irrigation systems,

greenhouses and stables).

10. Population distribution - demography

Geographical distribution of people, including population characteristics and

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

unit.

11. 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.

12. 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.

13. Atmospheric conditions

Physical conditions in the atmosphere. Includes spatial data based on

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

locations.

14. Meteorological geographical features

Weather conditions and their measurements; precipitation, temperature,

evapotranspiration, wind speed and direction.

*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).

15. Oceanographic geographical features

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

(1)

The competent authority shall establish and operate INSPIRE

the following services on the internet through the INSPIRE Geo- Geoportal.

portal

(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), 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

and spatial data services to the INSPIRE Geoportal in accordance INSPIRE

Geoportal.

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 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 S.L. 504.65

data sets and spatial data services relating to environmental

information or themes listed in Schedules I, II or III. 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) 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 S.L. 504.65

Environment Regulations, and the provisions of the said regulations

shall apply mutatis mutandis to these regulations.

(1)

The discovery and view services mentioned in Payment.

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 Data sharing.

spatial data services available in a manner which precludes any

restrictions likely to create practical obstacles, occurring at the point

of use by 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 shall be

made available to bodies established by international agreements to

which the EU and EU Member States are parties. The provisions of

sub-regulation (3) 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, including

conditions regulating use, which it may deem fit and appropriate in

accordance with law.

(1)

The competent authority shall monitor the

implementation and use of the infrastructures for spatial information

and make the results accessible to the Commission and the public on

a permanent basis.

(2) With effect from 15th May 2016 and every three years

thereafter the competent authority shall send a report to the

Commission including summary descriptions of

(a)

how public sector providers and users of spatial

data sets and services and intermediary bodies are coordinated,

and of the relationship with third parties and of the organisation

of quality assurance;

(b)

the contribution made by public authorities or third

parties to the functioning and coordination of the infrastructure

for spatial information;

(c)

information on the use of the infrastructure for

spatial information;

(d)

data-sharing

agreements

between

public

authorities;

(e)

the costs and benefits of implementing the

Directive.

(3) The competent authority shall adopt implementation rules

for this purpose.

The Infrastructure for Spatial Information Regulations, Revokes Legal

2009 are hereby revoked, without prejudice to anything done or Notice

2009. omitted to be done thereunder.

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.

€1.08