Licensing and Copyright Information
This page contains information about obtaining permission (a licence) to use the Great Barrier Reef Marine Park Authority’s (GBRMPA) spatial data. It also covers the general conditions found in GBRMPA spatial data licences.
- Do you wish to access GBRMPA spatial data?
- Do you wish to use GBRMPA spatial data?
- Do you wish to modify GBRMPA spatial data?
- General Licensing Information
- Infringement of Copyright
- Legal Advice
- Licence Terms and Conditions
- Obtaining a Licence (Application Form)
- Duration of Licences
- Advertising and Promotion
- Acknowledgments and Cautions
- Fees, Charges and Royalties
- Waiver or Reduction of Fees
- Audit and Inspection
- Other Limitations
- Contact us
If you wish to use GBRMPA licensed spatial data for non-commercial or educational use, download from the GBRMPA Geoportal. If you wish to access GBRMPA licensed spatial data for commercial use, download an application form for commercial use. If you wish to access spatial data that has not been published, you will need to contact the Spatial Data Centre to discuss your request and ascertain if GBRMPA has spatial data that is suitable for your intended purpose. GBRMPA will usually make unclassified unpublished spatial data available under licence and fees may be charged.
By using GBRMPA spatial data we mean copying or reproducing or modifying GBRMPA spatial data, or distributing or selling or offering any of the results of copying, reproducing or modifying GBRMPA spatial data to anyone else. If you wish to use GBRMPA spatial data you will need to obtain a license and you may be required to pay fees and possibly royalties. You should read the general licensing information that follows.
Do you wish to modify GBRMPA spatial data?
Modifying GBRMPA spatial data means altering it in any way. This includes changing a computer format or converting GBRMPA spatial data into a computer format, any redevelopment or modification of GBRMPA spatial data, any generalisation or selective editing of GBRMPA spatial data or any merger of GBRMPA spatial data with other spatial data, or creating a computer program, intended to be accessed or operated in conjunction with GBRMPA spatial data. If you wish to modify GBRMPA spatial data, you will need to obtain a license and you may be required to pay fees and possibly royalties. You should read the general licensing information that follows.
The Great Barrier Reef Marine Park Authority (GBRMPA) is responsible for publishing the Great Barrier Reef Marine Park Authority’s official zoning maps. GBRMPA is also the custodian of spatial data relevant to Great Barrier Reef Marine Park Act 1975 and maintains an extensive and comprehensive collection of current reef and marine park spatial data covering the Great Barrier Reef Marine Park area.
While GBRMPA wants to encourage the development and further use of GBRMPA spatial information, you must have GBRMPA’s written permission (a licence) before you can reproduce or publish any of GBRMPA 's spatial data. All GBRMPA publications and spatial data in whatever form or media are protected under the provisions of the Copyright Act 1968. For example, under the provisions of the Act, the Commonwealth’s copyright will be infringed if any person or organisation reproduces or publishes GBRMPA spatial data without having GBRMPA written permission in advance. The Commonwealth’s copyright will also be infringed if any spatial data is imported or sold or distributed in Australia, where that spatial data would infringe copyright if it had actually been made in Australia. If you do anything which infringes the Commonwealth’s copyright you will have stolen the results of GBRMPA work and GBRMPA will take legal action. Under the Copyright Act the Commonwealth may have the right to obtain injunctions, and an account of profits or damages. You may also be required to hand over any infringing copies.
Copyright will be infringed whether reproduction:
- Is by hand or by any mechanical or electronic means
- Is based directly or indirectly on the Commonwealth’s spatial data
- Is from a map or a document or an electronic file.
Copyright will not be infringed when reproduction constitutes a 'fair dealing' for the purpose of research or private study, or for the purpose of criticism or review or for the purpose of reporting news. However, the 'fair dealing' provisions are strictly limited. Copyright will not be infringed when the reproduction is done for the purpose of a judicial proceeding or for a report of a judicial proceeding. The Copyright Act may permit you to make a backup copy necessary for safeguarding electronic data, as long as the copy is kept and used only for that purpose.
You should get your own legal advice to find out if any proposed project in relation to using GBRMPA spatial data will or may infringe Commonwealth copyright if it is done without permission.
The Commonwealth has prepared standard terms and conditions for granting access to its spatial data. These terms and conditions control the way you may exploit the spatial data. Your licence will set out exactly how you may exploit GBRMPA spatial data. The licence will state what spatial data you will be allowed to use and how it must be treated. Our licences cannot be used by or transferred to anyone else. However, GBRMPA may give you permission to engage someone else to assist you in your work. Where your use of GBRMPA spatial data is intended to create a derived product that will assist navigation, GBRMPA will only allow you to use the officially published charts and documents produced by the Australian Hydrographic Office (AHO) for this purpose. If you do not comply with the terms and conditions it will result in the termination of your licence.
Applications for a licence must be made by the person or organisation wanting to use GBRMPA spatial data. GBRMPA prefer licencees to be based in Australia. Depending on your financial or business circumstances or location, GBRMPA may ask you to provide a bank or other business guarantees before GBRMPA gives you a licence.
GBRMPA application procedure is as follows:
- You send GBRMPA an application form. It will tell GBRMPA about:
- your proposed use of GBRMPA spatial data
- your technical capabilities and previous experience (where applicable)
- your business circumstances, (where applicable).
- GBRMPA will assess your application
- GBRMPA may ask you for additional information and GBRMPA may ask to see examples of your work
- Finally, when GBRMPA is satisfied that you can meet all GBRMPA 's conditions, GBRMPA may grant you a Licence.
- Application Form for commercial use
GBRMPA reserves the right to refuse any application for a licence at its complete discretion.
When issued, your licence will permit you to modify and reproduce the spatial data covered by the licence. It may also allow you to distribute or even sell a derived product or service based on GBRMPA spatial data, if this is appropriate. If you already have a licence from GBRMPA , you can ask to have other spatial data or additional uses added to it.
GBRMPA licences usually operate for varying amounts of time depending on circumstances. Some licences may be for longer periods depending on the circumstances.
GBRMPA is constantly revising and updating GBRMPA spatial data to ensure that they contain the latest information that GBRMPA has available. GBRMPA will supply you with the relevant spatial data updates. Your licence will then permit you to use these updates in your proposed work if you want to. GBRMPA may charge an update fee for this.
GBRMPA will ask you to take measures to protect GBRMPA spatial data from unauthorised copying, misuse, unauthorised viewing or access. If you are making derived products or distributing the results of your work you might use warning notices, data encryption, hardware locks (dongles) or some other methods to do this. GBRMPA will also expect your employees, colleagues and premises to be subject to appropriate security arrangements. GBRMPA will want to be sure that your security methods are adequate before GBRMPA grants you a licence.
GBRMPA will not allow you to make any advertisements or publicity which implies that GBRMPA endorse any of the results of your work. You must also seek GBRMPA permission before you can use or associate GBRMPA's name or anything else which identifies GBRMPA in any of your advertising or promotion.
Depending on the nature of the results of using GBRMPA spatial data, you will be required to show acknowledgements clearly on any packaging, screen displays, printouts or documentation. They will be similar to the following example:
© Commonwealth of Australia (Great Barrier Reef Marine Park Authority) [insert year in which the Data was published]. Neither the Commonwealth nor GBRMPA gives a warranty regarding the Data’s accuracy, completeness, currency or suitability for any particular purpose.Visit the GBRMPA web site (www.gbrmpa.gov.au) to access the most current version of the Data.
The results of using GBRMPA spatial data will also require a prominent and unambiguous warning to be displayed on them. It will be similar to the following example:
This [insert Derivative Product name] incorporates Data which is © Commonwealth of Australia (Great Barrier Reef Marine Park Authority) [insert the year in which the Data was published]. The data has been used in [insert Derivative Product name] with permission of the Commonwealth. The Commonwealth has not evaluated to Data as altered and incorporated within [insert Derivative Product name], and therefore gives no warranty regarding its accuracy, completeness, currency or suitability for any particular purpose.
The precis display details and the form of words for these notices will be decided by GBRMPA on a case by case basis.
GBRMPA has some fixed fees, some charges to cover GBRMPA's costs in preparing the spatial data for supply and GBRMPA may also charge royalties when GBRMPA spatial data is reproduced. GBRMPA licenses give GBRMPA the right to revise charges and fees from time to time.
In some cases GBRMPA will charge a Licence establishment fee which is to pay for GBRMPA administration costs in processing your application and your licence. If you sell or distribute derived products or any other outcome from using GBRMPA spatial data, GBRMPA may charge you a royalty on each derived product or outcome that you supply. This includes any charges you make for supplying updated products or spatial data to customers. Where your derived products or services are distributed for in-house use (rather than sold to customers) royalties may still be payable. The royalty will be a fixed per centage of the net selling price of every derived product or outcome which you sell or distribute. GBRMPA will want you to send GBRMPA regular progress reports during the term of your licence including your audited sales and production figures. GBRMPA licences provide GBRMPA with the right to levy penalty interest on amounts that are outstanding.
- Some Commonwealth and State organisations (such as AMSA, the EPA or State mapping organisations)
- Academic research
- Some educational publications (such as school text books or examination papers)
- Organisations who provide significant spatial data to GBRMPA without charge.
If you think that you might qualify for a waiver please contact the Spatial Data Centre. You will also need to explain your reasons in full on your application form.
The licence conditions allow GBRMPA to check that you are keeping to the terms of your licence. GBRMPA may want to visit your premises at any reasonable time to inspect your operations or ask auditors to look at your records. GBRMPA will normally pay GBRMPA costs for these inspections. If GBRMPA find significant discrepancies then GBRMPA will charge you for the inspection and auditing.
Your licence from GBRMPA only gives you permission to exploit GBRMPA spatial data. You do not have the right to include any spatial data in your products, services or work which, if published or reproduced, or otherwise used, would contravene the rights of other persons or be an offence under the Crimes Act 1914.
If you need further information about licensing or the use of GBRMPA spatial data, please contact the Spatial Data Centre.Spatial Data Centre
Great Barrier Reef Marine Park Authority
PO Box 1379
Townsville Queensland 4810
Phone +61 7 4750 0700
Fax +61 7 4772 6093
Email Spatial Data Centre
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