Land Information Coordination Committee

Tasmania, Australia

Custodianship Policy

April 2001

1. Purpose

The Custodianship Policy have been established by the Land Information Coordination Committee (LICC) to provide a set of principles to guide the formal recognition of custodians of land data.

This policy attempts to further develop the holistic approach to the integration of land information in Tasmania.

2. Background

These principles have been developed following the publication of the Core Land Information Data Sets Report which identified core Tasmanian land information data sets and proposed custodianship of those data sets.

3. Scope

The scope of this policy is to;

Outline the responsibilities of the LICC in support of the custodians of land information,
Outline the roles, rights and responsibilities of the custodians of land information,
Establish a set of criteria to guide the formal recognition of custodians of land information data sets,
Facilitate the addition of data sets to the Land Information System Tasmania (LIST), and
Establish a mechanism for implementing or reviewing this policy.

4. Principles

The concept of custodianship is described in 7 basic principles:

Principle 1 - Trusteeship:

Under this principle, a custodian agency acts as the trustee not the owner of the information held in its databases. The concept is designed to emphasise co-operation in sharing information among agencies, rather than competition between them.

Principle 2 - Standard setting:

The setting of standards to determine how the information will be collected, described and used is the most important commitment that an agency makes when agreeing to become a custodian. Custodians should seek input from users to assist in defining appropriate standards for information in their custody. These include standards for the collection, classification, description, accuracy, quality, format and structure of the information. If an agency is designated the custodian for certain land information but is not in a position to collect and maintain the information, it still has an obligation to establish the required information standards so that other agencies can commence collection of the land information according to these standards. (For further details please see Section 6. Responsibilities of Custodians - Standards)

Principle 3 - Maintenance of information:

Custodian agencies maintain plans for information collection, conversion and maintenance in conformity with the needs of users. Consequently they should liaise with the LICC, users and other affected parties when making any significant information management or dataset changes. The significance of any changes must be determined by the custodian, informed by their knowledge of stakeholder requirements. The custodian agency is also responsible for negotiating the terms and conditions under which other agencies collect and maintain the land information on its behalf.

Principle 4 - Authoritative source:

In acting as the authoritative source for land information under its custodianship, the custodian agency becomes the preferred supplier of this information. This lessens confusion for users and overcomes the accuracy and reliability problems that may be encountered when supposedly identical information is held separately by several agencies, where several agencies contribute information to a common database, or where information provided by different agencies is combined. The custodian is also likely to have more up-to-date information than other agencies. As the agency responsible for setting the standards, the custodian is also in the position of being able to advise the client on the source, currency and completeness of the information.

Principle 5 - Accountability:

A custodian may delegate any or all if its responsibilities for a part of its land information to another organisation. However it cannot delegate its accountability for the integrity of that information. The custodian should ensure that its full responsibilities can still be met through any arrangement it may make with another organisation. Where a custodian agency agrees to another agency marketing its information, or producing a value added service or information product, it should draw up a formal agreement with the other agency.

Principle 6 - Information Collection:

Custodians are not expected to collect information for which there is no internal requirement. They should justify the collection of information for which they are responsible in terms of their own needs. These will generally reflect either the agency's statutory responsibilities or Government priorities. If other agencies require more information, they may:

wait until the custodian can justify the collection;
contribute the required resources to the collection of the information on behalf of the custodian;
contribute to a submission by the custodian for more funds for the collection of the required information; or,
collect it themselves, to the standards identified by the custodian.

If the custodian requires an enhanced quality of information, the custodian shall pay the difference between the costs of the agency's proposed collection and the collection to the quality the custodian requires.

Principle 7 - Maintenance of access

The LICC will be responsible for ensuring that an index of custodianship of land data sets is maintained. Due to the potential impacts of outsourcing upon information management, the LICC should be advised when a custodian agency outsources its information management.

In choosing to outsource, an agency should consider the ability of the outsourcing arrangement to maintain access and sharing of the land information. If an agency outsources the collection of information for which it is a custodian, it should ensure that the information continues to be collected and maintained according to agreed specifications.

5. RESPONSIBILITIES OF THE LICC

In support of the Custodian, the LICC will:

Ensure that no other Agency is granted any responsibility in relation to the data sets which over-rides or competes with those of the Custodian,
Oversee negotiations between the Custodian and the various Data Suppliers, Delivery Agents, and users, and mediate as necessary in order to ensure that the data sets are created, maintained and used in a manner consistent with LICC’s requirements,
Ensure that appropriate assistance is provided to the Custodian to facilitate interaction with the users and potential users of the data sets, and
Provide advice and assistance to the Custodian in determining the content, accuracy and maintenance specifications for the Datasets.

6. Rights and Role of Custodians

If an agency accepts the role of custodian for an information resource, it exercises certain rights and responsibilities for the management of that information on behalf of the owner. These rights include setting marketing conditions for the promotion and sale of that information and establishing appropriate agreements and contracts with users and value adding resellers. Its responsibilities include maintaining the information and ensuring its quality.

The decision to supply or not to supply information to any entity is the decision of the custodian in the first instance.

Allocation of the role of custodian is designed to:

• provide a recognised contact point for the distribution, transfer and sharing of the information;

• facilitate access to the information;

• eliminate duplication in the capture and maintenance of information;

• simplify legal aspects of the production and management of information products; and,

• facilitate the collection of datasets and information.

7. Responsibilities of Custodians

To achieve the purposes behind custodianship, an agency designated as custodian is responsible and accountable for:

Standards

• developing and maintaining standards for the management of the land information for which it has custody;

• ensuring that the land information under its custodianship conforms to appropriate national, international or agreed standards;

• publicly declaring the status of the land information concerning coverage source and compliance with national and international standards.

User Relations

• consulting with users for input prior to developing or defining appropriate standards for land information in its custody;

• encouraging the use of land information through appropriate marketing techniques, within the parameters of current Government policy;

• ensuring the land information under its custodianship is both accessible and readily available to approved entities;

• identifying, for the prospective user, issues of quality including accuracy levels and limitations on use of digital land data. The metadata available to users should include where, when and how the information was collected;

• acting as the authoritative source (and preferred supplier) for the information in its custody;

• nominating a single point of contact for enquiries about the land information under its custodianship;

Quality Management

• maintaining the quality of the land information assigned to it e.g. accuracy, integrity, currency and completeness;

• ensuring appropriate storage, maintenance, security and archival procedures for its land information;

Ownership Interests

• safeguarding the owner's interest in the use of its information through licensing agreements or letters of understanding to protect privacy and confidentiality and interpretation of the information; and

• ensuring that its pricing policy complies with the Department of Treasury and Finance publication, Costing Fees and Charges - Guidelines for use by Agencies.

Marketing Conditions

It is the responsibility of the custodian agency to set the marketing conditions for their information, within the prevailing policy framework set by Government. It is important for both custodians and end users to establish formal agreements covering issues such as format of information provision, timeliness and quality.

This is even more essential when agencies wish to use land information from another agency (the custodian) to develop a value-added service or information product. A formal agreement should be drawn up with the custodian before entering into any commercial contract for that value added service or information product. This agreement should describe the:

• terms and conditions under which the use of the land information is permitted, including those related to privacy, confidentiality, the protection of the Tasmanian Government's interest and national security;

• requirement to protect copyright and other intellectual property rights;

• term or period of the agreement;

• definition and scope of liability for the use and accuracy of the information, and any subsequent modification of the information;

• responsibilities of all parties for the ongoing maintenance of the information;

• format, presentation, performance criteria and quality of information supplied; and,

• monetary or other compensatory considerations.

This agreement should include a prohibition on a value adding reseller selling information to other than end users. Should another value adding reseller wish to purchase a licence, they must contract directly with the custodian for use of that proportion of the product which is the custodian's holding.

8. Criteria for selecting a Custodian

In assigning custodianship the following criteria should be considered.

Where an agency:

• has sole statutory responsibility for the capture and maintenance of the land information;
• has the greatest operational need for the land information;
• is the first to record changes to the land information;
• is the most competent to capture and/or maintain the land information;
• is in the best economic position to justify collection of the land information at source; and
• requires the highest integrity of the land information.

In agreeing to become a custodian, an agency needs to take into account the roles and responsibilities of being a custodian, and whether it is appropriate for the agency to take on these responsibilities. If it cannot meet these requirements, or finds that by meeting these requirements it constrains the operation of its activities, the agency should consider relinquishing its custodianship to another agency.

In the interests of maintaining completeness in the information holdings within the state, the LICC will assess the necessity of maintaining the information resources which the custodian is planning to relinquish. The LICC will assess the costs, benefits and risks of establishing a new custodian and make a recommendation to government.

9. Implementation

The LICC will implement this policy by;

identifying land data sets to be delivered through The LIST,
undertaking assessment of potential custodians against the selection criteria,
facilitating discussion between the potential custodian and the LICC, and
by the LICC formally recognising the potential custodian as the formal custodian.

10. Review

This policy is subject to review at the request of the Land Information Coordination Committee.

11. Definitions

Agency:

An agency is any department, instrumentality, statutory authority, commission or such organisation established by or under legislation and/or subject to government financial and accountability legislation.

Custodianship:

The custodian is the trustee /keeper/guardian of an information resource. Custodianship does not signify ownership. There is only one custodian for each data set.

End User:

An end user may be a government or private sector organisation or an individual. It is the final recipient and user of the information obtained from a custodian or a value-adding organisation.

Key Supplier:

A key supplier provides data which is used by a custodian as a component of a further land information data set. Land information is information about the land surface, sub-surface, aquatic, marine and lower atmospheric regions where such information can be related to geographic position. This includes information about natural resources, the environment, land ownership, land use, transport, communications, demography and socio-economic factors which comply with the above.

Land Information Data Set:

A data set which has both a spatial and a related textual component; is readily usable in its original form; is of known quality and is maintained to client needs.

Ownership:

Land information held within government agencies is usually part of the corporate information resource of that jurisdiction. As such, copyright and other forms of intellectual property are usually owned by the Crown. If appropriate legislation is in place, the information assets may be owned by the corporate body of an agency. This is the case in some government business enterprises, including the Hydro Electric Commission and Forestry Tasmania.

NOTE: If copyright subsists in an original work, the owner of that copyright does not relinquish or diminish the rights of ownership merely by lodging the work with the government as part of a statutory process. For further advice regarding copyright, in the first instance please contact the Solicitor General.

Value Adding Reseller:

A value adding reseller may be an organisation or an individual in the public or private sector. It enhances the value of information obtained from a custodian for the purpose of creating and selling a new information product.

This page has been produced by the Department of Primary Industries, Water and Environment. Questions concerning its content may be directed to the Department on +61 3 6233 2183, by mail to GPO Box 44A, Hobart, Tasmania, Australia 7001, or by email to Michael.Varney@dpiwe.tas.gov.au

This page was last modified on 1 August 2001. The URL for this page is http://www.dpiwe.tas.gov.au/licc/custodianshippolicy.html

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