SPATIAL DATA INFRASTRUCTURE FOR MALAYSIA LAND ADMINISTRATION

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SPATIAL DATA INFRASTRUCTURE FOR MALAYSIA LAND ADMINISTRATION
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  International Journal of Spatial Data Infrastructures Research, 2011, Vol.6, 389-409  388 Spatial Data Infrastructure for Malaysian Land Administration ∗    Abdul Rashid Mohamed Shariff  1 , Abd Halim Hamzah 1 , Ahmad Rodzi Mahmud 1 , Nik Mohd Zain Nik Yusof  2  and Hishamuddin Mohd Ali 3   1  Spatial and Numerical Modelling Laboratory, Institute of Advance Technology, Universiti Putra Malaysia, Malaysia rashid@eng.upm.edu.my, arm@eng.upm.edu.my, hhamzah74@gmail.com  2  Department of Land Management, Faculty of Agriculture, Universiti Putra Malaysia, Malaysia, nmzain@yahoo.com  3  Department of Property Management, Faculty of Geoinformation and Real Estate, Universiti Teknologi Malaysia, Malaysia hishamuddin@utm.my   Abstract Land administration started with a manual land tax collection and subsequently moved towards computerised system to improve the land information delivery services. However, three factors in non-technical integration issues (institutional, legalisation and social) have turned out to be the main problems for land administration stakeholders especially at national level for multi-government countries. The implementation of Spatial Data Infrastructures can reduce non-technical integration issues among land administration stakeholders to produce better decisions for a spatially enabled government. The result from this research could act as a guideline for the making of policy, strategy and management for land information delivery services for multi-government country (federal, state and local). This research will be useful for land administrators, land strategy management decision makers and multi-land researchers in land ownership, land use and land value fields. Keywords : Spatial Data Infrastructure, Land Administration and Information System ∗ This work is licensed under the Creative Commons Attribution-Non commercial Works 3.0 License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-nd/3.0/ or send a letter to Creative Commons, 543 Howard Street, 5th Floor, San Francisco, California, 94105, USA. DOI: 10.2902/1725-0463.2011.05.art17  International Journal of Spatial Data Infrastructures Research, 2011, Vol.6, 389-409  389 1. INTRODUCTION Today, government agencies are moving towards creating and updating their land information infrastructure to improve land information delivery services. The players of land administration such as land surveyors, lawyers, planners, appraisers and land administrators are experts in designing, creating, defining and managing land parcels and associated rights in land administration activities. By the mid nineteenth century, land administration involved buying, selling, mortgaging and leasing of rights of lands. By the mid twentieth century, land administration and cadastral officials involved associated legal and surveying professionals, assuming that they understood land markets, and have developed appropriate professional skills to serve the needs. Land administration is more of a multi-disciplinary endeavour with a focus on land use; land management; land information delivery services and supporting framework for trading in complex commodities toward spatially enabling government. The objective of this paper to identify the key issues related to the implementation of Spatial Data Infrastructure for Malaysian land administration, focusing on land information delivery services from a non-technical integration perspective. 2. LAND ADMINISTRATION SCENARIO The land administration field, including the structure of an institutional, land multi-activities, legal protection, Information System (IS) is practiced at federal, state and provincial or district government level. The implementation of an SDI for land administration activities such as registration, taxation and development can help the government to move towards a spatially enabling government. UN-ECE (1996) and Steudler and Williamson (2002) defined land administration as " the processes of determining, recording and disseminating information about the tenure, value and use of land when implementing land management policies. It is considered to include land registration, cadastral surveying and mapping, fiscal, legal and multi-purpose cadastres and land information systems. In many  jurisdictions, land administration is closely related to or facilitates land use planning and valuation/land taxation systems, although it does not include the actual land use planning or land valuation processes " (p. 3). Land administration started with mapping or land surveying field and involves several activities such as land registration; land acquisition; land development; land consent (related to land dealing transaction) and land enforcement as a guide for manual tax collection. Land administrations are concerned with the social, legal, economic and technical framework within land managers and land administrators (UN-ECE, 1996). Williamson and Wallace (2007) mentioned that  International Journal of Spatial Data Infrastructures Research, 2011, Vol.6, 389-409  390 the primary tools of land administration are based on the current practices such as land surveying, land registration and databases run by government organisations or institutions (federal/national, state and provincials/districts). Enemark et al (2005) also stressed that land administration SDI, particularly with the core cadastral components are important infrastructures, which facilitate the implementation of land policies in both developed and developing countries. Williamson et al (2005) further explained that land administration is presently moving towards information management stage using IS especially to revolutionise collection, management, presentation and use of spatial information. Such a system can support land markets and is concerned with the administration of land as a natural resource to ensure sustainable development. Figure 1: Cadastral Systems Facilitate Three Key Attributes of Land Administration toward Spatial or Land Information Source: Adopted from Dale and McLaughlin (1999), Steudler and Williamson (2002) and Enemark et al (2005). SPATIAL / LAND INFORMATION Land Ownership/Tenure (Land Rights Legal Means) Social Stability (Economic Growth, Efficient Land Market, SecuritofTenureandInvestments Land Use (Planning Control Environmental Means) Land Development (Resource Management Environmental Sustainability) Land Value (Valuation, Taxation Fiscal Means) Collateral and Tax Basis (Financial Services Public Services)  Attribute Information on Land Value Attribute Information on Land Use  Attribute Information on land Ownership/tenure  International Journal of Spatial Data Infrastructures Research, 2011, Vol.6, 389-409  391 Enemark et al (2005) stated that the IS related to land administration should be concerned with providing detailed information at the individual land parcel level. It will bring benefits to both the individual and the community in future. These benefits include: i. Guaranteeing ownership, security of tenure and credit; ii. Facilitating efficient land transfers and land markets; iii. Supporting management of assets; and iv. Providing basic information in physical planning processes, land development, environmental control and backbone for society. The land information infrastructure for land and properties should be parallel with the interrelated systems within the four areas of land tenure, land value, land use and land development. This should be organised at the national, regional/federal and local government levels based on relevant policies for data sharing, cost recovery, access to data and standards. From that, they can build efficient and effective access to land market and land use management in land administration. The Bathurst Declaration stressed that sustainable development needs sound land administration (good land information; better land policy; better land administration and management; and better land use) (UN-FIG, 1999). Thus, Steudler (2007) identified the following land administration toolbox principles: i. Land Policy Principles (such as state and national land policy, role of land administration to supporting in land market and managing natural resources); ii. Land Tenure Principles (such as recognition of indigenous and information tenures); iii. Land Administration and Cadastral Principles (such as national land information system and implementation of reform); iv. Institutional Principles (such as government, ministerial, departmental structure and decentralisation); v. Spatial Data Infrastructure Principles (such as SDI roles in supporting land administration and development of ‘infrastructure’ vs. ‘business system’); and vi. Human Resource Development and Capacity Building Principles (such as sustainable long-term capacity of educated and trained personal to operate the system in both public and private sectors). The expansion of our land administration to support the trading of complex commodities offers many opportunities for land administrators. For example, land information as one particular commodity can provide the potential for significant change of the way societies operate, and how the governments and the private sector do business. The fundamental idea can rebuild land administration to support emerging needs of the government, business and society to deliver more  International Journal of Spatial Data Infrastructures Research, 2011, Vol.6, 389-409  392 integrated and effective information, and to use this information throughout government and non-government processes by organising technical systems in the virtual environment around a particular place or location. At the same time, land administration can support several norms to achieve good governance such as sustainability, efficiency, transparency and accountability, equity and security.   3. LAND ADMINISTRATION AND SDI GSDI (2004) summarised that Spatial Data Infrastructures (SDI) are technologies, policies and institutional arrangements available to facilitate access to spatial data. SDIs provide a basis for spatial data discovery, evaluation and application for all levels of government (federal, state or local/provincial level), commercial sector (profit sector and non-profit sector), multi-level academic and the public. SDIs facilitate the conveyance of virtually unlimited packages of Geographic Information (GI) with the use of standards and specifications. The creation of specific organisations or programs for developing or overseeing the development of SDI, particularly by the government at various scales can be seen as the logical extension of the long practice of co-ordinating the building of other infrastructures necessary for on-going development. Rajabifard et al (2003) identified the following four SDI initiatives based on different groups of people, organisations and agencies in the development and implementation of SDI: i. Regional SDI or Global SDI - interested to cooperate with multiple countries in different fields which need lower data resolution; ii. National SDI - using lower resolution or small scale data, frequently producing and using data at lower level of detail and cover broad areas; iii. State SDI - using large scale and particularly land parcel data. However, it uses less detailed data covering large regions that pertains to a particular layer; and iv. Local SDI - creates and uses a great deal of detailed information covering small area or smaller scales within jurisdictional boundaries and needs the framework dataset as a base for applications and frequently data integration. Williamson et al (2003) observed the growth of regional SDIs such as Permanent Committee on GIS Infrastructure for Asia and The Pacific (PCGIAP) that happened in parallel with the conferences and forums on SDI at national level. SDI development at national level is normally driven by the national mapping agency or national land agency. The responsibility for SDI initiative in Malaysia is led by the Malaysian Centre for Geospatial Data Infrastructure. However, the SDI activity for land administration or cadastral activities in several countries are under the state or provincials/district authority. Williamson et al (2005) identified
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