2010s013 Environment ENVIRONMENT (INFRASTRUCTURE FOR SPATIAL
INFORMATION) REGULATIONS 2010
Subsidiary Legislation made under s. 18.
ENVIRONMENT (INFRASTRUCTURE FOR SPATIAL
INFORMATION) REGULATIONS 2010
(LN. 2010/013)
Commencement 18.1.2010
Amending
enactments
Relevant current
provisions
Commencement
date
LN. 2014/131 rr. 17(6) & (9) 24.7.2014
EU Legislation/International Agreements involved:
Directive 2007/2/EC
______________________
ARRANGEMENT OF REGULATIONS.
Regulation
1. Title.
PART I
PRELIMINARY AND INTERPRETATION
2. Scope.
3. Interpretation.
4. Spatial data sets.
PART II
METADATA
5. Metadata for spatial data sets.
6. Timetable for metadata.
PART III
INTEROPERABILITY OF SPATIAL DATA SETS AND SERVICES
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7. Duty to ensure interoperability of spatial data sets and services.
8. Release of information.
9. Conditions of release.
10. Common features along a frontier.
PART IV
NETWORK SERVICES
11. Operation of networks.
12. Data links.
13. Limitation of public access.
14. Charge for services.
15. INSPIRE Geo-portal.
PART V
DATA-SHARING
16. Sharing of spatial data sets.
17. Licensing of Spatial data sets and services.
PART VI
COORDINATION AND COMPLEMENTARY MEASURES
18. Coordination of contributions.
PART VII
FINAL PROVISIONS
19. Duty to monitor.
20. Reports to the European Commission.
21. Governor’s constitutional responsibilities.
SCHEDULE 1
SPATIAL DATA THEMES
SCHEDULE 2
SPATIAL DATA THEMES
SCHEDULE 3
SPATIAL DATA THEMES
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In exercise of the powers conferred on me by section 18 of the Environment
Act 2005 and in order to transpose into the law of Gibraltar Directive
2007/2/EC of the European Parliament and of the Council of 14 March
2007 establishing an Infrastructure for Spatial Information in the European
Community (INSPIRE), and matters connected thereto, I have made the
following Regulations−
Title.
1. These Regulations may be cited as the Environment (Infrastructure for
Spatial Information) Regulations 2010.
PART I
PRELIMINARY AND INTERPRETATION
Scope.
2.(1) These Regulations lay down general rules aimed at the establishment
of the Infrastructure for Spatial Information in the European Union
(hereinafter referred to as “INSPIRE”), for the purposes of European Union
environmental policies and policies or activities which may have an impact
on the environment.
(2) INSPIRE is intended to build upon infrastructure for spatial
information established and operated under Gibraltar law.
(3) These Regulations are without prejudice to the provisions of the
Freedom of Access to Information on the Environment Regulations 2005
and the Re-use of Public Sector Information Act 2005.
(4) These Regulations do not affect the existence or ownership of public
authorities' intellectual property rights.
Interpretation.
3. In these Regulations and unless the context otherwise requires−
“Directive” means Directive 2007/2/EC of the European Parliament and
of the Council of 14 March 2007 establishing an Infrastructure for
Spatial Information in the European Community (INSPIRE);
“infrastructure for spatial information” means−
(a) metadata, spatial data sets and spatial data services;
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(b) network services and technologies;
(c) agreements on sharing, access and use; and
(d) 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 regulation 11;
“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;
“Minister” means Minister responsible for the environment;
“public authority” means−
(a) the Government, including public advisory bodies;
(b) any natural or legal person performing public administrative
functions, 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),
and should the Minister wish to provide that bodies or institutions acting
in a judicial or legislative capacity are not to be regarded as a public
authority for the purposes of these Regulations, the Minister shall
do so by regulations adopted pursuant to section 18;
“spatial data” means any data with a direct or indirect reference to a
specific location or geographical area;
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“spatial data services” means the operations which may be performed, by
invoking a computer application, on the spatial data contained in
spatial data sets or on the related metadata;
“spatial data set” means an identifiable collection of spatial data;
“spatial object” means an abstract representation of a real-world
phenomenon related to a specific location or geographical area; and
“third party” means any natural or legal person other than a public
authority.
Spatial data sets.
4.(1) These Regulations cover spatial data sets which fulfil the following
conditions−
(a) they relate to an area where the Government has and/or
exercises jurisdictional rights;
(b) they are in electronic format;
(c) they are held by or on behalf of any of the following−
(i) a public authority, having been produced or received by a
public authority, or being managed or updated by that
authority and falling within the scope of its public tasks;
(ii) a third party to whom the network has been made
available in accordance with regulation 12;
(d) they relate to one or more of the themes listed in Schedules 1, 2
or 3.
(2) Where multiple identical copies of the same spatial data set are held by
or on behalf of various public authorities, these Regulations apply only to
the reference version from which the various copies are derived.
(3) These Regulations apply to the spatial data services relating to the data
contained in the spatial data sets referred to in sub-regulation (1).
(4) Nothing in these Regulations shall require the collection of new spatial
data.
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(5) Where spatial data sets comply with the condition set out in sub-
regulation (1)(c) but in respect of which a third party holds intellectual
property rights, the public authority concerned may take action under these
Regulations only with the consent of that third party.
(6) Notwithstanding sub-regulation (1), these Regulations apply to spatial
data sets held by or on behalf of any public authority only where Gibraltar
law requires their collection or dissemination.
PART II
METADATA
Metadata for spatial data sets.
5.(1) The Minister shall ensure that there is created and kept up to date
metadata for the spatial data sets and services corresponding to the themes
listed in Schedules 1, 2 and 3.
(2) Metadata referred to in sub-regulation (1) shall include information on
the following−
(a) the conformity of spatial data sets with the provisions of
regulation 7;
(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, in accordance with regulation 13.
(3) The Minister shall take the necessary measures to ensure that metadata
are complete and of a quality sufficient to describe spatial data sets and
spatial data services and making it possible to discover, inventory and use
them.
Timetable for metadata.
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6.(1) The Minister shall ensure that there is created the metadata referred to
in regulation 5 in accordance with the following timetable−
(a) not later than two years after the date of adoption of
implementing rules by the European Commission in
accordance with Article 5(4) of the Directive in the case of the
spatial data sets corresponding to the themes listed in
Schedules 1 and 2;
(b) not later than five years after the date of adoption of
implementing rules by the European Commission in
accordance with Article 5(4) of the Directive in the case of the
spatial data sets corresponding to the themes listed in Schedule
3.
PART III
INTEROPERABILITY OF SPATIAL DATA SETS AND SERVICES
Duty to ensure interoperability of spatial data sets and services.
7. The Minister shall ensure that−
(a) all newly collected and extensively restructured spatial data sets
and the corresponding spatial data services are available in
conformity with the implementing rules referred to in Article 7
of the Directive within two years of their adoption by the
European Commission, and that other spatial data sets and
services still in use are available in conformity with the said
implementing rules within seven years of their adoption;
(b) spatial data sets are made available in conformity with the said
implementing rules either through the adaptation of existing
spatial data sets or through the transformation services referred
to in regulation 11(1)(d).
Release of information.
8. The Minister shall ensure that any information, including data, codes and
technical classifications, needed for compliance with the implementing rules
referred to in regulation 7 is made available to public authorities or third
parties.
Conditions of release.
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9. Any information, including data, codes and technical classification made
available to the public under regulation 8 shall be in accordance with
conditions that do not restrict its use for that purpose.
Common features along a frontier.
10. In order to ensure that spatial data relating to a geographical feature, the
location of which spans the frontier between Gibraltar and a Member State,
are coherent, the Minister shall, where appropriate, ensure that the depiction
and position of such common features is decided by mutual consent with the
relevant person in that Member State.
PART IV
NETWORK SERVICES
Operation of networks.
11.(1) The Minister shall ensure that there is established and operated a
network of the following services for the spatial data sets and services for
which metadata have been created in accordance with these Regulations−
(a) discovery services making it possible to search for spatial data
sets and services on the basis of the content of the
corresponding 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 spatial 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;
(e) services allowing spatial data services to be invoked,
taking into account relevant user requirements and ease of use, availability
to the public and accessibility via the Internet or any other appropriate
means of telecommunication.
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(2) For the purposes of the services referred to in sub-regulation (1)(a), the
following combination of search criteria shall be implemented as a
minimum−
(a) keywords;
(b) classification of spatial data and services;
(c) the quality and validity of spatial data sets;
(d) degree of conformity with the implementing rules referred to in
regulation 7;
(e) geographical location;
(f) conditions applying to the access to and use of spatial data sets
and services;
(g) the public authorities responsible for the establishment,
management, maintenance and distribution of spatial data sets
and services.
(3) The transformation services referred to in sub-regulation (1)(d) shall be
combined with the other services referred to in that sub-regulation in such a
way as to enable all those services to be operated in conformity with the
implementing rules referred to in regulation 7.
Data links.
12.(1) The Minister shall ensure that public authorities are given the
technical possibility to link their spatial data sets and services to the network
referred to in regulation 11(1).
(2) The ability to link the spatial data sets and services to the network
referred to in regulation 11(1) shall also be made available upon request to
third parties whose spatial data sets and services comply with the
requirements of implementing rules laying down obligations with regard, in
particular, to metadata, network services and interoperability.
Limitation of public access.
13.(1) Notwithstanding regulation 11, the Minister may limit public access
to spatial data sets and services−
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(a) through the services referred to in regulation 11(1)(a) where
such access would adversely affect international relations,
public security or Gibraltar’s defence;
(b) through the services referred to in regulation 11(1)(b) to (e), or
to the e-commerce services referred to in regulation 14(4),
where such access would adversely affect any of the following−
(i) the confidentiality of the proceedings of public
authorities, where such confidentiality is provided for by
law;
(ii) international relations, public security or Gibraltar’s
defence;
(iii) the course of justice, the ability of any person to receive a
fair trial or the ability of a public authority to conduct an
enquiry of a criminal or disciplinary nature;
(iv) the confidentiality of commercial or industrial
information, where such confidentiality is provided for
by law in order to protect a legitimate economic interest,
including the public interest in maintaining statistical
confidentiality and tax secrecy;
(v) intellectual property rights;
(vi) the confidentiality of personal data and/or files relating to
a natural person where that person has not consented to
the disclosure of the information to the public, where
such confidentiality is provided for by law;
(vii) the interests or protection of any person who supplied the
information requested on a voluntary basis without being
under, or capable of being put under, a legal obligation to
do so, unless that person has consented to the release of
the information concerned;
(viii) the protection of the environment to which such
information relates, such as the location of rare species.
(2) The following provisions apply−
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(a) the grounds for limiting access under sub-regulation (1) shall
be interpreted in a restrictive way, taking into account for the
particular case the public interest served by providing access;
(b) in every particular case, the public interest served by disclosure
shall be weighed against the interest served by limiting or
conditioning the access: and
(c) the Minister may not, by virtue of sub-regulation (1)(b) (i), (iv),
(vi), (vii) and (viii) limit access to information on emissions
into the environment.
(3) Within the context of these Regulations, and for the purposes of the
application of sub-regulation (1)(b)(vi), the Minister shall ensure that the
requirements of the Data Protection Act 2004 are complied with.
Charge for services.
14.(1) The services referred to in regulation 11(1)(a) and (b) shall be
available to the public free of charge.
(2) Notwithstanding sub-regulation (1), a public authority supplying a
service referred to in regulation 11(1)(b) may impose a reasonable charge
where such charges secure the maintenance of spatial data sets and
corresponding data services, especially in cases involving very large
volumes of frequently updated data.
(3) Data made available through the view services referred to in regulation
11(1)(b) may be in a form preventing their re-use for commercial purposes.
(4) Where public authorities impose charges for the services referred to in
regulation 11(1) (b), (c) or (e), they shall ensure that e-commerce services
are available and such services may be covered by disclaimers, click-
licences or, where necessary, licences.
INSPIRE Geo-portal.
15. The Minister shall ensure that there is provided access to the services
referred to in regulation 11(1) through the INSPIRE geo-portal established
and operated by the European Commission in accordance with Article 15(1)
of the Directive. The Minister may also provide access to those services
through another access point of his choice.
PART V
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DATA-SHARING
Sharing of spatial data sets.
16.(1) The Minister shall ensure that the public authorities referred to under
points (a) and (b) of that term as defined in regulation 3, can share spatial
data sets and services so as to enable them to−
(a) gain access to spatial data sets and services; and
(b) exchange and use those sets and services, for the purposes of
public tasks that may have an impact on the environment.
(2) The Minister shall ensure the absence of restrictions likely to create
practical obstacles, occurring at the point of use, to the sharing of spatial
data sets and services in accordance with sub-regulation (1).
Licensing of Spatial data sets and services.
17.(1) Public authorities that supply spatial data sets and services may
license them to, or require payment from, the public authorities or
institutions and bodies of the European Union that use these spatial data sets
and services.
(2) Any charges and licences pursuant to sub-regulation (1) must be fully
compatible with the general aim of facilitating the sharing of spatial data
sets and services between public authorities.
(3) Where charges are made pursuant to sub-regulation (1), these shall be
kept to the minimum required to ensure the necessary quality and supply of
spatial data sets and services together with a reasonable return on
investment, while respecting the self-financing requirements of public
authorities supplying spatial data sets and services, where applicable.
(4) Spatial data sets and services provided by the Minister to European
Union institutions and bodies in order to fulfil reporting obligations under
the Directive relating to the environment shall not be subject to any
charging.
(5) The arrangements for the sharing of spatial data sets and services
provided for in regulation 16 and in subregulations (1) to (4) above, shall be
open to the public authorities, defined in point 9(a) and (b) of Article 3 of
the Directive, of the Member States and to the institutions and bodies of the
European Union, for the purposes of public tasks that may have an impact
on the environment.
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(6) The arrangements for the sharing of spatial data sets and services
provided for in regulation 16 and in subregulations (1) to (4) above, shall be
open, on a reciprocal and equivalent basis, to bodies established by
international agreements to which the European Union and Member States
are parties and which have been extended to Gibraltar, for the purposes of
tasks that may have an impact on the environment.
(7) Where the arrangements for the sharing of spatial data sets and
services provided for in regulation 16 and subregulations (1) to (4) above,
are made available in accordance with subregulations (5) and (6) above,
these arrangements may be accompanied by requirements under Gibraltar
law conditioning their use.
(8) Notwithstanding anything in this regulation, the Minister may instruct
in writing that sharing be limited when he is of the opinion that this would
compromise the course of justice, public security, Gibraltar’s defence or
international relations.
(9) The Minister shall ensure that the institutions and bodies of the
European Union are provided with access to spatial data sets and services in
accordance with harmonised conditions and implementing rules adopted
under Article 17(8) of the Directive.
PART VI
COORDINATION AND COMPLEMENTARY MEASURES
Coordination of contributions.
18.(1) The Minister shall ensure that the contributions of all those across
the different levels of Government with an interest in the infrastructure for
spatial information are appropriately coordinated.
(2) The Minister shall coordinate the contributions of, inter alia, users,
producers, added-value service providers and coordinating bodies,
concerning the identification of relevant data sets, user needs, the provision
of information on existing practices and the provision of feedback on the
implementation of these Regulations.
PART VII
FINAL PROVISIONS
Duty to monitor.
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19. The Minister shall ensure that there is monitored the implementation
and use of infrastructure available in Gibraltar for spatial information, and
shall make the results of this monitoring accessible to the European
Commission and to the public on a permanent basis.
Reports to the European Commission.
20.(1) By no later than 15 May 2010 the Minister shall ensure that there is
sent to the European Commission a report 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 the 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 these Regulations.
(2) Every three years, and starting no later than 15 May 2013, the Minister
shall ensure that there is sent to the European Commission a report
providing updated information in relation to the items referred to in sub-
regulation (1).
Governor’s constitutional responsibilities.
21.(1) Nothing in these Regulations shall derogate from the responsibility
of the Governor under the Constitution for defence, internal security or any
other matter for which the Governor may have responsibility under the
Constitution.
(2) Where, pursuant to these Regulations, the Minister is required to take
action in relation to any matter for which the Governor is responsible under
section 47(1) of the Constitution, the Minister shall only take such action
after consultation with the Governor.
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SCHEDULE 1
Regulations 6, 8 and 9
SPATIAL DATA THEMES
1. Coordinate reference systems.
Systems for uniquely referencing spatial information in space as a set of
coordinates (x, y, z) 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 unit.
Areas where the Government exercises jurisdictional rights.
5. Addresses.
Location of properties based on address identifiers, usually by road name,
house number, postal code.
6. Cadastral or land parcels
Areas defined by cadastral or land 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.
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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 Gibraltar legislation to achieve specific conservation
objectives.
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SCHEDULE 2
Regulations 6, 8 and 9
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. Ortho-imagery.
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.
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SCHEDULE 3
Regulations 6 and 9
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
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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, if applicable, 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.
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Weather conditions and their measurements; precipitation, temperature,
evapotranspiration, wind speed and direction.
15. Oceanographic geographical features.
Physical conditions of oceans (currents, salinity, wave heights, etc.).
16. Sea regions.
Physical conditions of seas and saline water bodies divided into regions and
sub-regions with common characteristics.
17. Bio-geographical regions.
Areas of relatively homogeneous ecological conditions with common
characteristics.
18. 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.
19. Species distribution.
Geographical distribution of occurrence of animal and plant species
aggregated by grid, region, administrative unit or other analytical unit.
20. Energy resources.
Energy resources including hydrocarbons, hydropower, bio-energy, solar,
wind, etc., where relevant including depth/height information on the extent
of the resource.
21. Mineral resources.
Mineral resources including metal ores, industrial minerals, etc., where
relevant including depth/height information on the extent of the resource.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2005-27
Subsidiary 2010/013