SCIENTIFIC MONOGRAPH

GIS FOR GEOSCIENTISTS

Zagreb 2012, Croatia

Published by: Hrvatski Informatiki Zbor - GIS Forum, 10 000 Zagreb, Ilica 191e, Croatia University of Silesia, 40-007 Katowice, Bankowa 12, Poland Editor: Davorin KEREKOVI, prof. Hrvatski Informatiki Zbor - GIS Forum, Croatia Scientific Editors of Monograph: Prof. Ryszard RBEK PhD. Dsc.University of Warmia adn Mazury in Olsztyn, Poland Davorin KEREKOVI, prof. Hrvatski Informatiki Zbor - GIS Forum, Zagreb, Croatia Reviewers Board: Prof. Vlado DADI PhD. Dsc., Institute of Oceanography and Fisheries, Split, Croatia Prof. Wojciech WILKOWSKI PhD. Dsc., Warsaw University of Technology, Faculty of Geodesy and Cartography, Department of Cadastre and Land Management, Warsaw, Poland Prof. Sabina RBEK PhD.Dsc. Department of Land Management and Regional Development,University of Warmia and Mazury in Olsztyn, Poland Dsc. hab. Katarzyna SOBOLEWSKA-MIKULSKA, prof. PW, Faculty of Geodesy and Cartography, Department of Cadastre and Real Estate Management,Warsaw University of Technology,Warsaw, Poland Dsc. hab. Grayna SZPOR. Faculty of Law and Administration, Cardinal Stefan Wyszynski University of Warsaw, Poland Dsc. Magorzata GAJOS, University of Silesia, Faculty of Computer Science and Materials Science, Institute of Computer Science, Sosnowiec, Poland Dsc. Magorzata LESZCZYSKA, University of Warmia and Mazury in Olsztyn, Faculty of Geodesy and Land Management, Department of Geodesy, Olsztyn, Poland Cover and Edition Graphical Design: Robert Smetko & Dsc. Magorzata Leszczyska Copyright Hrvatski Informatiki Zbor - GIS Forum, Croatia University of Silesia, Poland All rights reserved International Standard Book Number: ISBN HIZ 978-953-6129-34-8 Nacionalna knjinica, Zagreb, Croatia

CONTENTS

1. THE MODERN GEODESY, CADASTRE AND CARTOGRAPHY ............................. 7 VALUE AS AN IMPORTANT PART OF INFORMATION ON REAL ESTATES IN THE CADASTRE............................................................................................................................... 9 Dorota Wilkowska-Koakowska CURRENT ISSUES OF REAL ESTATE MANAGEMENT Case study POLAND........... 18 Ryszard rbek ANALYSIS OF THE DIVERGENCES BETWEEN THE DATA CONTAINED IN THE REGISTER OF LAND AND MORTGAGES AND THE DATA IN THE REGISTER OF LAND AND BUILDINGS....................................................................................................... 34 Elbieta Zysk WAYS OF MANAGEMENT OF MARGINAL LANDS IN POLAND WITH RESPECT TO THE SUSTAINABLE DEVELOPMENT RULES.................................................................. 42 Katarzyna Sobolewska Mikulska M-ESTIMATION IN THE ALS CLOUD POINT FILTRATION USED FOR DTM CREATION.............................................................................................................................. 50 Waldemar Kamiski BOUNDARIES OF LAND PARCELS IN THE POLISH CADASTRE ................................ 58 Wojciech Wilkowski GIS IN COMPULSORY PURCHASE PROCEDURES ......................................................... 67 Marek Walacik THE VALUATION OF REAL ESTATES HAVING COMPLEX STRUCTURE................. 79 Piotr Parzych PRELIMINARY WORKS ON LEADING POLISH CADASTRAL MODEL INTO CONFORMANCE WITH LADM ........................................................................................... 86 Jarosaw Bydosz THE METHODOLOGICAL APPROACH TO DETERMINE THE CADASTRAL SYSTEM BENCHMARKS ...................................................................................................................... 93 Agnieszka Dawidowicz, Ryszard rbek EVOLUTION OF ACCURACY CRITERIA CONCERNING BOUNDARY POINT LOCATION IN THE CADASTRAL DATA BASE IN POLAND....................................... 107 Robert uczyski 2. SEA AND WATER MANAGEMENT ........................................................................... 121 THE USE OF GIS TOOLS IN THE GENERATION OF MAPS ILLUSTRATING THE DISTRIBUTION OF PROTECTED SUBMERGED SPECIES THE CASE OF ISOETES LACUSTRIS ............................................................................................................................ 123 Piotr Dynowski, Anna rbek-Sokolnik, Hanna Ciecierska, Jan Dziedzic, Ryszard Piotrowicz DETERMINATION OF COASTAL AND TRANSITIONAL WATER TYPES AND WATER BODIES IN THE CROATIAN SEA ...................................................................... 130 Vlado Dadi, Grozdan Kupili, Robert Precali, Damir Ivankovi

3. CULTURAL AND NATURAL HERITAGE ................................................................ 141 THE LANDSCAPE CHANGES IN CLASSICAL ANTIQUITY IN ROMAN DALMATIA (territory of today Dubrovnik-Neretva County - Croatia)...................................................... 143 Vlasta Begovi, Ivanica Schrunk, Davorin Kerekovi 4. ECOLOGY ....................................................................................................................... 159 PHYSICAL PLANNING IN RURAL AREAS IN THE CONTEXT OF LAND PROTECTION AGAINST FLOODS.................................................................................... 161 Marta Smal THE CULTURE OF NEGLECT IN A SHADOW OF JAPANESE APPOCALYPSE - SOME CONCERNS ON FUKUSHIMA NUCLEAR ACCIDENT INDEPENDENT INVESTIGATION COMMISSION ONE YEAR SINCE THE DISASTER........................ 170 Maria Stybliska 5. ECONOMICS AND REGIONAL DEVELOPMENT .................................................. 181 COST BENEFIT ANALYSIS AS A BASE FOR DECIDING ON INFRASTRUCTURE PROJECTS OF REGIONAL SIGNIFICANCE .................................................................... 183 Anka Maek, Katica Krianovi, Vesna Peri CHANGES IN THE CHART OF TODAYS WORLD GREATEST DEMOGRAPHIC POTENTIALS. THE TOP TEN BEFORE AND AFTER.................................................. 189 Andrzej Rczaszek COMPARISON OF OCCUPATIONAL PENSION PROGRAMS AND INDIVIDUAL PENSION-RELATED FORMS OF SAVING IN POLAND WITH THE MARKET OF PRIVATE PENSION PROGRAMS IN SELECTED COUNTRIES .................................... 199 Sylwia Piekowska-Kamieniecka 6. THE STATE AND MUNICIPAL PROJECTS ............................................................. 205 BUSINESS PROCESS FOR UTILITY DATA MANAGEMENT IN THE CITY OF ZAGREB................................................................................................................................ 207 Irena Duni CAMPUS MOBILE? ............................................................................................................. 219 Peter J Halls 7. INFORMATICS, LAW & COMMUNICATION ......................................................... 229 INFORMATION IN THE LAND USE PLANNING PROCESS AS AN ELEMENT OF ADMINISTRATIVE LEGISLATION .................................................................................. 231 Grayna Szpor REGULATION ON GEOGRAPHIC INFORMATION SYSTEMS IN POLISH ADMINISTRATIVE JURISDICTION.................................................................................. 237 Dorota Chromicka THE USE OF GIS IN BIOMEDICINE AND HEALTH CARE: ANALYZE OF GEOINFORMATION JOURNALS ...................................................................................... 243 Magorzata Gajos POLISH WAY TO INSPIRE................................................................................................. 252 Agnieszka Chojka, Zenon Parzyski

ACCESS TO ONLINE SPATIAL RESOURCES ................................................................. 261 Kamil Czaplicki PROTECTION OF PERSONAL DATA IN THE POLISH GENERAL INSURANCE SYSTEM PROBLEMS AND CHALLANGES.................................................................. 270 Wiesaw Koczur 8. INTERNATIONAL CO-OPERATION ......................................................................... 279 COMPARATIVE ANALYSIS OF THE INFORMATION CONTENT CONCERNING CADASTRAL OBJECTS IN SELECTED EUROPEAN UNION COUNTRIES ................ 281 Marcin Karabin

1. THE MODERN GEODESY, CADASTRE AND CARTOGRAPHY

VALUE AS AN IMPORTANT PART OF INFORMATION ON REAL ESTATES IN THE CADASTRE 1

Dorota Wilkowska-Koakowska Faculty of Administration and Social Science The Division of Law and Administration Warsaw University of Technology 00-668 Warszawa, ul. Noakowskiego 18/20 e-mail: dwilkow@ans.pw.edu.pl Abstract As it is pointed in the art. 20 par. 2 of the act geodetic and cartographic law (i.e. J.of Laws from 2012 No. 193 pos. 1287) one of the types of information concerning real estates included in the real-estate cadastre is the information on a value of a property. The concept, goals and rules of establishing a cadastral value of a property is specified in the act on land management (i.e. J. of Laws from 2010, No. 102, pos. 651). According to this regulation a basis for establishing of the cadastral value of particular properties are appraisal maps and tables. However, the procedure of their creation and verification, and in consequence of establishing cadastral value of a property, is long and complicated. A feature worth attention is the engagement of many different subjects in the process, including expert property appraisers, different administration bodies (a body maintaining the cadastre and municipality council), persons having legal interest (future tax payers) as sides of the proceeding and even the administrative court. A thesis that I adopted in the article is that the engagement of so many different subjects in the process of establishing and verification of the cadastral value even at the stage of technical activities of appraisal maps and tables creation, extends the time of the procedure and increases its costs. A goal of this elaboration is a proposition of legal solutions simplifying the procedure of establishing the cadastral value, especially at the stage of appraisal maps and tables preparation, basing on evaluation of representative properties. An inspiration for the Polish legislator for the introduction of potential changes would be German solutions, and in particular special bodies functioning in the German legal system called Commissions of Real-estate Appraisal, whose one of the tasks is the establishing of land cadastral values. Introduction According to the art. 20 par. 2 of the act from 17th May 1989 Geodetic and cartographic law 2 the cadastre comprises, among other things, information concerning real property values. Ultimately, the real-estate cadastre will be supplemented by the information concerning property values. However, according to the currently binding legal regulations the procedure for establishing of the cadastral value of a property is long and complicated. This is because according to the regulations from the act on land management, in the procedure of establishing of the cadastral value of a property, including preparations of appraisal maps and tables, there are engaged a group of many different subjects, to which belong expert real-property appraisers, different administration bodies (a body maintaining the cadastre and municipality council), persons having legal interest (future tax payers) as sides of the proceeding and even the administrational court. Finally the court resolution is required for the appraisal maps and tables to gain legal force, and in consequence to establish the cadastral value of a property what, due to the court work overload, significantly increase the time of the already complex procedure. A goal of this work is to propose legal solutions simplifying the procedure of establishing of the cadastral value, especially at the stage of appraisal maps and tables creation, basing on evaluation of representative properties. An inspiration for the Polish legislator for the introduction of
This work has been supported by the European Union in the framework of European Social Fund through the Warsaw University of Technology Development Programme. 2 Unif. text J.of .L from 2010 No. 193, pos. 1287.
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potential changes would be German solutions, and in particular special bodies functioning in the German legal system called Commissions of Real-estate Appraisal, whose one of the tasks is the establishing of land cadastral values. 1. Concept of the cadastral value of a property According to the art. 20 par. 1 of the act geodetic and cartographic law the real estate cadastre comprise information concerning: lands their location, borders, areas, types of land utilization, soil quality classes, signatures of land and mortgage registers or document collections, if they were established for the property that lands belong to; buildings their location, purpose, utilization functions and general technical data; premises their location, utilization functions and utilization area. As it is pointed in par. 2 of the cited regulation in the cadastre there are also given information concerning: an owner, and in case of state and local government land physical or legal persons, who possess grounds and buildings or their parts; addresses of persons just listed; information concerning enlistment into the national heritage register and the property value. Ultimately, the real-estate cadastre will be supplemented with information concerning property value. As it is underlined in the bibliography, the real-estate cadastre will be one of the elements of the cadastral system, that will be composed of (among other things), the appraisal cadastre 3. This is one of the goals, for which an establishment of the cadastral value of the property will be performed during common real-estate appraisal. The details concerning procedures of establishing its value are contained in the act from 21st of August 1997 on land management in the art. 160-173 4. According to the art. 150 par. 4 a.l.m the cadastral value is established in the process of the common appraisal of properties for the properties and their parts, which are mentioned in the regulations concerning property tax. Cadastral values ought to be used, within bounds specified by the act on land management or regulations from other legal acts, for establishing a basis of a property tax, as well as for establishing property value belonging to the State or particular unit of self-government or for conducting of administrative task, which require establishing of the property value (art. 162, par. 2 a.l.m.). The cadastral value of a real estate property is established basing on a valuation of representative properties for particular types of properties in the area of the given municipality. The value of representative properties for the purpose of establishing cadastral value or the purpose of appraisal maps and tables is determined by real estate appraisers, using transactional prices in the municipality, and in case of insufficient number of transactions in neighboring municipalities. In order to establish the cadastral value, the regulations concerning property appraisal are applied (art. 161, par. 2 and 3 a.l.m) 5. 2. A procedure for establishing of a cadastral value As it was written before, the cadastral value of a real estate property is established basing on appraisal of representative properties for particular types of properties within a given municipality. The appraisal is performed by real property appraisers. Activities of appraisers, although compulsory, have supportive character, because the final value of a property for the cadastre is set by appropriate subjects 6.
R. Godlewski: Kataster nieruchomoci (ewidencja gruntw i budynkw) {(eng.) Real estate cadastre (land and buildings register)} [in:] H. Kisilowska (ed.), Nieruchomoci zagadnienia prawne {(eng.) Real estates legal issues}, Warsaw 2011, p. 103. 4 Unif. text J.of L. from 2010 No. 102, pos. 651 with changes. See also D. Wilkowska-Koakowska: Wycena nieruchomoci. Operat szacunkowy. Rzeczoznawstwo majtkowe {(eng.) Real estate appraisal. Appraisal documentation, Property appraisal}, Warsaw 2012, p. 25. 6 See also D. Wilkowska-Koakowska, Wycena nieruchomoci {(ang.) Real estate appraisal} [in:] H. Kisilowska (ed.), op. cit., s. 431.
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The activities of appraising the representative real estates in order to establish the cadastral value and in order to prepare appraisal maps and tables are performed (compulsorily) by appraisers (art. 161. par. 2 and 3 a.l.m.). This act specifies also guidelines for the real-estate appraiser, concerning methodology of real-estate appraising for the purpose of establishing of the cadastral value. Cadastral value of the land real-estate is composed of the value of the land and its composing parts (art. 165 a.l.m.) Rules of obtaining the cadastral value of the composing parts of the land are applied appropriately to buildings and premises that constitute a separate object of ownership (art. 166-167 a.l.m). A basis for establishing of the cadastral value for particular real-estates are appraisal maps and tables prepared by the body maintaining the land cadastre (art. 164 and 169 a.l.m.). According to the art. 166 a.l.m.,. in order to establish cadastral value of a land, for zones selected due to similar conditions influencing market value, there are obtained unit values of land areas located in these zones. The unit values of land areas in selected zones are presented in the indices for these zones, that are integral part of appraisal maps. The cadastral value of land is established as a product of the area indicated in the real estate cadastre and the unit value discussed here. As the art. 167 a.l.m states in order to establish a cadastral value of a component part of the land the unit values of area of component parts are established in groups, taking into account their location and differences between them. Unit values of area of land components in separate groups are indicated in appraisal tables. Cadastral value of land components is established as the sum of cadastral values of particular objects comprising these components. The cadastral value of particular objects is established as a product of their areas indicated in the real estate cadastre and the unit value indicated in the appraisal tables. These regulations are applied appropriately to buildings as well as premises that constitute a separate object of ownership. Details concerning the method for establishing the value of a real estate for the purpose of the common real estate appraisal and technical rules of appraisal maps and tables preparation is regulated by the regulation of the Council of Ministers from 29th June 2005 concerning common appraisal of real estates 7. According to the par. 8 and 9 of the regulation appraisal maps and tables are prepared separately for each municipality within boundaries of districts mentioned in the real estate cadastre, after performing an analysis of the data specified in the basic and auxiliary sources of information on real estates (par. 7) as well as taking into account characteristic properties of real estates (built-up land or land designated for construction as well as lands designated to different purposes than rural and forest ones), that influence the cadastral value. On the appraisal maps that is prepared using cadastral map background for each appraisal zone there is indicated its identifier, value of 1 sq. m. of land area for representative real estates as well as properties of these real estates. An integral part of appraisal map is the index of appraisal zones, which contains elements specified in the par. 10: identifier of appraisal zone; identifier of land parcel according to the real estate cadastre; type of land; value of 1 sq. m. of land area of representative real estate; properties of the representative real estate; coefficients correcting a difference between properties of the representative real estate and properties of other real estates in the same appraisal zones; as well as unit cadastral values of particular land parcels. As is stated in the par. 11 of the regulation, the basis for preparation of the appraisal table are indices of appraisal units of identical values of areas 1 sq. m. of component land elements, established basing on appraisal of representative real estates. In each appraisal zone for each group of land components there is prepared an appraisal table, which contains the data specified in this paragraph (identifier of appraisal zone; identifier of land parcel according to the real estate cadastre; type of a component part of the land, value of 1 sq. m. of component parts of representative real estate; properties of the representative real estate; coefficients for correcting differences between properties of the representative real estate and properties of other real estates in the same appraisal zone; unit cadastral values of the land component parts). According to the disposition of par. 13 of the Regulation the cadastral value of a property is comprised of 1) a value of transactional unit, if this unit is equal to the whole property 2) a sum of values of

J.of L. No. 131, pos. 1092

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appraisal units, if each of these units is only a part of the real estate or if they constitute particular components of the land. Establishing of the cadastral value of a real estate and its registering in the real estate cadastre is a decision of the body maintaining cadastre in the form of an administrative decision. This decision is qualified by the legislator as immediately applicable. Cadastral values of real estates specified on the basis of binding appraisal maps and tables, introduced into the real estate cadastre, receive an official force on the day of their signing. Cadastral values may be updated on request from the owner of perpetual user or other person bound to pay taxes as well as ex officio, basing on an individual real estate appraisal (art. 170. par. 1-3 a.l.m). After establishing of cadastral values for a property, registering in the real estate cadastre and attributing a force of official data basing on the art. 170 of the act on land management, the body performing appraisal submits an application to the voivode to publish in the voivodship official journal an announcement about finalizing appraisal (par. 14 of the Regulation). In five years from the day of finalizing the appraisal or the previous verification of the appraisal there is performed a verification of cadastral values for all real estates, for which the value was established. The verification incorporates every year verification of cadastral values of at least 20% of real estate areas in subsequently selected areas within borders of each municipality. Verification of topicality of cadastral data incorporated in the real estate cadastre is performed by the comparison with prices obtained in the circulation of real estates and the real estate values included in extracts from the documentation of land registration submitted to the cadastre. Results of the appraisal verification are submitted by the 31st of March each year to the territorially appropriate municipalities ( 15 in conn. with art. 172 of the act on land management) Subjects participating in establishing of the cadastral value As I noted in the introduction, in the procedure of establishing the cadastral value of a real estate, including preparation of appraisal maps and tables, there are engaged many different subjects, to which count (among others) expert appraisers, different bodies of administration (a body maintaining the cadastre and municipality council), persons having legal interest (future taxpayers) as the side of proceedings, and even administrative court. According to the law currently binding in Poland, the activities of appraisal of representative real estates, that aim at establishing cadastral value and preparing appraisal maps and tables are performed (compulsorily) by property appraisers (in the form of appraisal documentation) who act on request from the body carrying out the common appraisal. The act on land management and the regulation concerning the common real estate appraisal specify guidelines for real estate appraiser concerning a method of real estate appraising for the purpose of establishing a cadastral value. According to the act on land management, a property appraiser is a person who has professional qualifications in the field of real estate appraising, which means that she has right to establish the value of a real estate as well as machines and appliances permanently bound to the real estate (art. 174, par. 2 and 3 a.l.m.). As it is stated in the art. 169 par. 1 a.l.m., basing on the valuation of representative real estates performed by property appraisers, the body maintaining cadastre (the head of the district 8) develops appraisal maps and tables according to the guidelines given in the regulations. As it was said before, to the duties of a body maintaining the cadastre belongs issuing an administrative decision concerning establishment of the real estate cadastral value and registering of the value in the real estate cadastre. Another task of the body maintaining the cadastre was defined in the art. 169 par. 2. The body maintaining the real estate cadastre, in agreement with the territorially appropriate head of municipality, mayor or president, exposes appraisal maps and tables to the public view for the period of at least 21 days. Information concerning the exposure are published in the form of an announcement and in the local press, and also in the way commonly adopted in particular place,
According to the 44 of the regulation of the Ministry of Regional Development and Construction from 29th March 2001 concerning land and buildings register (J.of L. No. 38, pos 454) a modernized land and building register which is a surrogate of the real estate cadastre is maintained by the head of the district, and organizational-technical conditions to perform these tasks are ensured by the Head Surveyor of the Country ( 80 i 81).
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specifying location and period of exposure together with information concerning a possibility to submit objections. To the tasks of the body maintaining the cadastre belongs also recognition of objections and providing propositions for their resolution to the municipality council. The legislator ensured also active participation in the proceedings leading to the preparation of appraisal maps and tables, and in consequence in establishing of the cadastral value, for the future tax payers. Before everything, owners, perpetual possessors and other persons, that are under tax obligation must provide to the body maintaining the real estate cadastre documents and information concerning their real estate, necessary for performing a common appraisal of real estates. In case of not fulfilling this obligation the body maintaining the cadastre, after carrying out explanatory proceeding, set up cadastral value of the property basing on existing documents and information (art. 171, par. 1 and 2). In addition according to the par. 3 art. 169 a.l.m, everybody, who has legal interest related to decisions resulting from appraisal may, during the period of exposure, submit objections. As it is underlined in the bibliography, a premise of legal interest concerns in the case discussed the legal relation resulting from appraisal obligation, because establishment of the cadastral value will be a basis for tax computation. In the case discussed, the legislator acting in accordance with the rule resulting from the art. 10 of administrative proceedings codex, concerning an active participation of the side in the corresponding proceeding, conferred to the future taxpayer a position enabling him to participate in the proceeding having a status of the side, whose interest is related to the appraisal of his real estate and to the cadastral tax liability 9. Another subject engaged in the process of preparation of appraisal maps and tables is the municipality council, a collective decisive body of the municipality. As the art. 169 par. 4 states, the body maintaining the real estate cadastre recognize submitted objections and presents them to the municipality council proper for the real estate location, together with propositions of their resolution, enclosing appraisal maps and tables. To the task of the municipality council belong making a resolution of granting an official force to appraisal maps and tables which should contain a method for resolving submitted objections. In the bibliography it is underlined that, although par. 4 art. 169 is rather brief, it should be adopted that the council is not bound by the proposition of resolving objections given by the cadastral body, and may divide objections submitted, which may lead to a negative resolution and a necessity for re-working of the parts of appraisal maps and tables that are an object of objections submitted 10. As it is stated in the par. 5 art. 169 the side not satisfied with a way his/her complaints were handled is allowed to appeal to the administrative court. Finally then it is up to the court decision to grant official force to appraisal maps and tables, and in consequence to establish a cadastral value of the real estate. Ability to appeal from the resolution of the municipality council is founded on the art. 101 of the act from 8th March 1990 on municipal self-government 11, which states that everybody, whose legal interest or authorization were violated by the resolution or a decree of the municipality body, has a right after ineffective invocation to remove the violation appeal from the resolution or the decree to the administrative court. According to the art. 169 par. 6 a resolution of the municipality council concerning granting official force to appraisal maps and tables is published in the voivodship official journal. To sum up, it should be stated, that multitude of subjects participating in the procedure of appraisal maps and tables preparation, complicates and extends time of the procedure for establishing a cadastral value of the real estate. Therefore it is useful to take a closer look on a more extensive approach to the problem of establishing of cadastral values (Bodenrichwerte) in the German law, where the process of establishing of the value is performed by bodies called Commissions for Real Estate Appraisal (Gutachterausschuss).

J. Szachuowicz, Komentarz do ustawy o gospodarce nieruchomociami {(ang.) Commentary to act on land management}, http://lponline.lexpolonica.pl/plweb-cgi/main.pl?test_cookie=1. 10 Ibidem. 11 Unif. text. J.of L. from 2001, No 142, pos. 1591 with changes

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Legal status and tasks of the Commissions for Real Estate Appraisal in Germany 12 The laws regulating the organization and operation of the appraiser's commission are given in the German Construction Codex - germ. BauGB (Chapter VII, par 192 and next) 13. Basing on the legal act authorization from the 199 p. 2 BauGB, detailed regulation of the commission organization and precise specification of their duties were transferred to the competences of the German Lands, which issue appropriate regulations for this purpose. Commissions of appraisers are separate collegial bodies entitled to perform real estate appraisal. They are composed from a chair and (working with no salary) members, with high qualifications and experience in the domain of real estate appraisal, which are independent in performing their roles and are not subordinate to any instructions, prescripts and orders 14. Independence of the commission is expressed also in the fact that this body is bound only by the regulations of the material and formal law from the acts and regulations imposed by the federation and the land where the commission performs their duties. The commission is under control of the constructional supervision only with respect to observing the law. Internal regulations (guidelines) of the public administration also cannot limit the independence of the commission; they can be utilized as helper and auxiliary regulations. Par. 192, p. 3 s. 1 BauGB states, that the chair and memberappraisals are under absolute prohibition of administering the real estates belonging to the given selfgovernment unit, to whom belong the district, for which the commission was gathered. This is meant to guarantee, that the appraiser will not work in accordance with a particular interest of the given self-government unit (nonobjective, biased toward one of the sides). Specification of the details of commission operation was transferred to the competences of Lands basing on the legal act authorization from the 199 par. 2 p. 1 BauGB. Typically, in order to perform appraisal by the commission (preparing necessary documentation) a presence of at least a chair of the commission (or his deputy) and two commission members is required. As it was noted before, in order to carry out particular tasks, the commission may appoint subgroups, especially if the number of members is large. Selection of appraisers for each sub-commission examining a particular case is up to the head of commission, who takes into account specialization of the given appraiser that is useful in the specific case. Commission (sub-commission) works collegially, which enables examination of the given problem from different points of view. If some activities exceed competences of the commission members, the commissions has a right, resulting from the 197 par. 1 BauGB, to request a written or oral information from other appraisers and experts, that are neccessary to solve the specific case. The technical support for the commission is provided by offices. Precise specification of their organization was left down to the competences of different Lands. The office implements guidelines and instructions of the commission. Essential supervision over the office activity is a duty of the commission chair. Most often in Germany, the functions of appraisers commission offices are performed by departments of cadastral and geodetic offices what, giving a professional level of employees, a convenient access to the maps and cadastral documentation, land and mortgage registers and the documentation of spatial planning, land and real estate management, is especially efficient solution 15. A catalogue of tasks (competences) of the commission of real estate appraisers is given in 193 BauGB 16. This is not a closed list. Firstly, 193 par. 1 BauGB refers expressis verbis also to different legal acts, which specify legal subjects entitled to submit applications to the commission, secondly one should bear in mind an authorization from the 199 p. 2 BauGB, according to which the tasks of the commission may be also specified by the regulations of the Construction Codex issued by particular lands.

12 Compiled basing on H. Dieterich, in: W. Ernst, W. Zinkahn, W. Bielenberg, Baugesetzbuch Kommentar ( 192199), C.H. Beck 2003. See also D. Wilkowska-Koakowska: Wycena nieruchomoci. Operat szacunkowy. {(ang.) Real estate appraisal. Appraisal documentation...}, pp. 107-120. 13 Baugesetzbuch (BauGB), uniform text. 29 september 2004 r., http://www.gesetze-im internet.de/bundesrecht/bbaug/gesamt/pdf. . 14 H. Dieterich, op. cit., side number 12. 15 Ibidem, side number 5359. 16 Ibidem, side number 18.

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One of the basic tasks of the commission was specified in the 193 p. 1 BauGB: Commissions prepare appraisal documentations concerning establishing of the market value of built-up and nonbuilt-up real estates. In addition the commissions evaluate also legal rights to the real estate. The commission takes up their activities on request from the subject authorized by the legal regulations or ex-office. The German law (with one exception) provides a rule of an optional real estate appraisal. Obligation of producing an appraisal documentation by the commission takes place only in the case of an expropriation of the real estate. In addition specific regulations may put on particular bodies (Federal or Land) an obligation to submit application to the commission with a request concerning preparation of an opinion concerning a real estate value in particular situations. In private cases, such request for the commission appraisal is only up to the subject interested. To the competences of the commission belongs, besides preparation of the appraisal documentations, also fixing a value of compensation in case of the loss of a right to the property (due to expropriation for instance) or other losses in the property of the applicant. In case of expropriation the commission prepares a documentation concerning the market value of the real estate being expropriated, but at the same time makes a pronouncement concerning the value of compensation from the title of a loss of the right of property, which corresponds to the market value of the property ( 95 p. 1 BauGB). Another tasks of the commission, that are performed ex-office, were specified in the 193 p. 5 BauGB. According to this regulation to the tasks of the commission belongs maintenance of the real estate value registers and establishing of the cadastral values of real estates (germ. Bodenrichtwerte). Notaries are obliged to submit to the commission the registered copies of sales and exchange contracts, administration bodies decisions concerning expropriations and other decisions concerning real estates e.g. demarcation. Preparation of the register of prices, in accordance with the commission guidelines, is a task of the office supporting the commissions. The register of prices is made public only partially. Documents from the prices register are made available by the commission only to the subjects specified by the law, i.e. tax offices for tax purposes, courts and persecutors only documents concerning a specific case, publicly nominated and sworn in appraisers only if they act as experts in particular case. Besides the commission delivers data from the prices register to the subjects having legal interest, e.g. real estate appraisers performing real estate valuation, whenever it is necessary for preparation of the appraisal documentation, taking into account regulations concerning the protection of personal data (i.e. without personal data of land seller and purchaser) To the tasks of the commission belongs also establishment of the cadastral values of real estates (germ. Bodenrichtwerte). As it is stated in 196 BauGB, the cadastral values are established based on a set prices as a weighted average of non-built-up land values taking into account their utilization. In order to do this there are created appraisal units grouping areas that are similar from the point of view of their utilization and the properties of the real estate influencing their cadastral value are established. Cadastral value are established every two years, unless there is a need for their more frequent calculation e.g. on a request from the tax administration for appraisal purposes or in the case of the increase in real estate value caused by a change in a spatial plan. Information concerning cadastral value are available to everybody in appropriate tax offices. As it results from the presented characteristics of the German commissions carrying out real estate appraisal, German legislator noticed special conditions of the situations, where procedures of administration and other subjects require earlier establishment of real estate value and appointed for this purpose special bodies, which received a special legal status. As can be deduced from the German Construction Codex regulations given before, competences of these bodies were limited to the cases connected with real estate value. In addition to establishing of this value on a request from public and private subjects, to the tasks of the commission belongs also specification of compensation amounts due to expropriation, maintaining a register of real estate prices and values and establishment of cadastral values of real estates.

15

Conclusion As it results from the discussion presented above the procedure of creation and verification of appraisal maps and tables, and in consequence of establishing the cadastral value of a real estate is long and complicated. A feature worth attention is the engagement of many different subjects in the process, including expert property appraisers, different administration bodies (a body maintaining the cadastre and municipality council), persons having legal interest (future tax payers) as sides of the proceeding and even the administrative court. Therefore, a thesis that I adopted in the article is that engagement of so many different subjects in the process of establishing and verification of the cadastral value even at the stage of technical activities of appraisal maps and tables creation, extends the time of the procedure and increases its costs. Also in the bibliography it is underlined that the current model of establishing of a cadastral value does not deserve acceptation mainly due to a participation of administrative court in the process of appraisal maps and tables creation. As J. Szachuowicz states in its elaboration: [...] Assuming that only 10% of resolutions to the objections would be questioned before the administrative court, so the fact that the competences of the administration court are constantly expanding and the court could not resolve complaints on a short notice, this could be sufficient reason for obstructing of the rapid cadastre development 17. According to this author, another mode of resolving justification of submitted objections should be considered. In the act on the real estate cadastral system there could be founded a second instance bodies recognizing appeals from the resolution of municipality council in the subject of resolving objection 18. Therefore, the German model presented in the last chapter of this elaboration, is worth attention, and especially the bodies, that operates in the German law, having a special character Commissions of Real Estate Appraisal, whose one of the tasks is the establishment of land cadastral values. These quasi-bodies of administration, composed of experts, in addition to performing other tasks connected with calculation of real estate value, independently establish cadastral values of lands basing on real estate prices register also maintained by these bodies. Such solutions might undoubtedly become and inspiration for the Polish legislator, whose goal should be a strive to the introduction of legal solutions simplifying the procedure of establishing of the cadastral value, especially at the stage of appraisal maps and tables creation basing on valuation of representative real estates. Therefore, a scenario should be considered in which the legislator (following German example) appoints impartial and independent commissions made up of experts and working by the body issuing decisions concerning the cadastral value of a property. These commissions should be equipped not only with competences to valuation of representative real-estates, but also to preparation of appraisal maps and tables and recognizing objection submitted by the sides (future taxpayers). To their tasks should belong collection and distribution (e.g. to the decisive bodies) of the information enabling correct real estate market situation analysis, making conscious and rational decisions concerning land management and especially concerning establishment of the cadastral value of a real estate, so it would become a reliable fragment of the real estate information system. To sum up, in the opinion of the author, these solutions, although requiring radical change in the law, would lead to the simplification of the procedure of establishing a cadastral value and in particular would relieve administrative courts, which main purpose should be verification of the legality of administrative decisions and not the participation in technical activities of appraisal maps and tables preparation.

17 J. Szachuowicz, Komentarz do ustawy o gospodarce nieruchomociami {(ang.) Commentary to the act on land management}, http://lponline.lexpolonica.pl/plweb-cgi/main.pl?test_cookie=1. 18 Ibidem.

16

Bibliography
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Ernst W., Zinkahn W., Bielenberg W., Baugesetzbuch Kommentar ( 192199), C.H. Beck 2003 Kisilowska H. (red.), Nieruchomoci zagadnienia prawne {(eng.) Real estates legal issues}, Warsaw 2011 Szachuowicz J., Komentarz do ustawy o gospodarce nieruchomociami {(ang.) Commentary to act on land management}, http://lponline.lexpolonica.pl/plweb-cgi/main.pl?test_cookie=1. Wilkowska-Koakowska D., Wycena nieruchomoci. Operat szacunkowy. Rzeczoznawstwo majtkowe {(eng.) Real estate appraisal. Appraisal documentation, Property appraisal}, Warsaw 2012 Ustawa z 17 maja 1989 r. Prawo geodezyjne i kartograficzne (tekst jedn. Dz.U. z 2010 r. Nr 193, poz. 1287) Ustawa z 21 sierpnia 1997 r. o gospodarce nieruchomociami (Tekst jedn. Dz. U. z 2010 r. Nr 102,poz. 651 ze zm.) Ustawa z 8 marca 1990 r. o samorzdzie gminnym (tekst jedn. Dz. U. z 2001 r., Nr 142, poz. 1591 ze zm) Rozporzdzenie Ministra Rozwoju Regionalnego i Budownictwa z dnia 29 marca 2001 r. w sprawie ewidencji gruntw i budynkw (Dz. U. Nr 38, poz. 454) Rozporzdzenie Rady Ministrw z 29 czerwca 2005 r. w sprawie powszechnej taksacji nieruchomoci (Dz.U. Nr 131, poz. 1092) Baugesetzbuch (BauGB), tekst jedn. 29 wrzenia 2004 r., http://www.gesetze-im internet.de/bundesrecht/bbaug/gesamt/pdf.

17

CURRENT ISSUES OF REAL ESTATE MANAGEMENT Case study POLAND

Ryszard rbek University of Warmia and Mazury in Olsztyn Department of Real Estate Resources Poland e-mail: rzrobek@uwm.edu.pl Abstract The importance of real estate management as a part of spatial management system is not arguable, as real estate resources are limited and sustainable development requires rational allocation. The interdisciplinarity of real estate management sector and the necessity of relations among various levels of governmental and local administration should be underlined. Basing on own detailed studies conducted in 2000-2010, and additionally on results of researches published by FIG and FAO, in this particular article some dilemmas and directions for solutions regarding active real estate management were also highlighted.In transition economics, post-privatization reform are over privatized assets. There are some rules of real estate management in Poland, so the development of the real estate management system is presented too. Key words: real estate management system, relations, procedures, valuations, specific analysis, efficiency of management 1. Introduction Real estate management is an interdisciplinary term related both to spatial management and real estate management. This term includes groups of legal, economic, technical, information and informative activities. In the majority of countries with well-developed market economy, the real estate management, both private and public, is connected with cadastral system, integrated information systems, register of rights to real estate and spatial data infrastructure. Thus, it should be assumed, that real estate management includes pack of legal, economic and technical activities, which - according to the rule of sustainable development - are the part of disposal, management and administration procedures referring to real estate and its resources. Therefore, real estate management ought to be rational and include current and future economic and social effects (fig. 1).

18

Fig. 1. Relationship between land policy, good governance and land management Source: own study based of FIG publications

Literature review Good governance is often, wrongly to be synonymus with the absence of corruption (Grover R., Ch. Grover 2012). FAO (2011) is developing volontary Guidelanes on the Responsible Governance of Tenure of Land Governance indicators are costly and dificult to produce. There are some indicators in World Bank publications and in the BertelsmannTransformation Index (Bertlelsmann Stiftung, 2009). There are some indicators: - voice and accountability, - political stability and the absence of violence, - regulatory quality and rule of law, - control of corruption. Very important is system of management of public land (Barns at all, 2009). It is a system where the public land ownership is justified and its extent clearlly identified, that land is only expropriated for overlall public interest and in an efficient manner, that expropriation procedures are fair compensation is paid and paid promptly, and that transfers of public land to the private sector follow a clear, transparent and competitive process. In this system important rule plays public provision and land information (the land registry). Managing the use of land is an essential part of land administration systems. Land-use management includes the control of land use both urban and rural areas as well as management of natuerall resources (Williamson J. at et., 2009). Effective land-use development should also ensure sustainable land development. Good integrated land-use management is based on land policies contained in the overall land laws, including cadastral and land registation, and planning and building legislation. The land management paradigm consist with land tenure, value, use development of land. It is important that land management is broader than land administration, because it covers many activities with the management of land and natural resources that are required to fullfil political objectives and achieve sustainable development (Williamson J., at el. 2009). Ossko (2006) believes that well

2.

19

functioning land administration is an increasing importance and interest world wide. Land management is the implementation of land policy. The land administration activity is not an and in itself but it facilities the implementation of land management policies. The following institutions, organizations are fundamental in case of operational land administration (Burmanje D. P. van der Molen, 2005): - cadastre and land registry, - valuation of real estates, - financial institutions (land and property tax), - town and land use planning. The cadastre and land registry are the most important organisation in the land administration system.

Fig. 3. Framework for real estate resource management Source: based on M. Avis, V. Gibson, 1996. Real estate resource management comparison

It is possible to provide a structure of real estate resources management (fig. 3), where you can extract 4 stages (Avis M., V. Gibson, 1996): 1) setting real estate objectives, 2) determining how to achive the real estate objectives, 3) establishing a performance monitoring system, 4) assesing information requirements. Particular attention should be paid to the interdisciplinarity of real estate sector, including social effects occurring in different moments. Thus, each activity on real estate should be integrated with long-term programs of strategic development (state, voivodeship, district, commune, agglomeration). In this particular article only some issues and dilemmas concerning active real estate resources management were underlined, based both on Polish experience and solutions introduced by international organizations, i.e. FIG and FAO. Moreover, the rules of material resources management were presented (Fig. 2).

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Identification of processes

Number depends on surveyed object l db d bi k Materials and energy costs

Costs analysis in particular processes

Costs of preparing the production

Assessing reasons of unproductivity in particular processes

Functional costs (product processing) Non-functional costs (stops,

interruptions, logistic errors, qualitive defects ) Through activities: investment organization human resources maintenance

Assessing alternative scenarios in particular processes

Fig. 2. General scheme of proceedings in material resources management Source: own studies

ROZDZIA 2 3. Essence, purpose and range of real estate management Management means conscious activity, both individual and collective, including: 1) allocating limited resources among competitive use on the basis of rational premises; 2) using these resources for achieving the best (optimal) results; 3) dividing value (goods and services) in the way that social needs can be satisfied; 4) using resources efficiently without disturbing natural environment and worsening living conditions of the society. In practice, management means calculating inputs and outcomes while searching for efficiency in current conditions (legal, political, economic, ecologic, social, etc.). Therefore, management tends to particular transformations of current state. This activity can been considered as kinetic, because it proceeds in time, and results differ from the original state. In real estate management such activity influences space (land) and its components (buildings, infrastructures, trees, plants). Real estate management can be treated as a set of relations and procedures among subjects and object of management. Such set includes types of real estate and rights to them. Real estate management is also a system embracing relations among subjects, real estate and procedures leading to decisions on spatial management. These decisions lead, among others, to defining subjects and establishing limitations regarding access to the real estate (rbek R., 2000). Thus, it is a set of activities treated as standard activities, acts and purposes resulting from rules regulating particular forms of real estate management, i.e. sale, perpetual usufruct, rent, lease, etc., aiming at rational use and development. Real estate management is therefore the term, which is strictly connected with the word economy. Term economy is used to define all business units and relations among them, and also other components of economic turnover. It is strongly correlated with organization, management and running businesses.

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Thus, core of the thesis, that real estate management is a part of economy, is based on the definition of real estate (land, buildings and flats) and non-material sphere, such as rights to above mentioned properties. Real estates, which are the objects of management, are identified, described, analyzed, assessed and aggregated in particular manner. Physical, economic and other features depend mainly on localisation and surroundings, what causes problems and complicates decision making processes in real estate management. Subject, independently from the form of ownership, should: properly manage real estate, act accordingly to rule of social coexistence, gain benefits and protect real estate from losing its value and advantages, maintain it in the condition as stable as possible for economically justified period of time. Main differences in approaches to real estate management issue can be noticed especially in created and introduced legal norms, where private units are relatively weakly limited in managing their real estate resources. However, it does not mean that it is not regulated by law. There are legal norms influencing directly private real estate resources, such as: Civil Code, Act on Real Estate Management, Construction Law, Natural Environment Protection Law, Act on Spatial Planning and Development, etc. However, homogeneous and stable legal act describing way of private real estate management and regulating all relations among public and private units does not exist. National economy includes, among others, spatial management and real estate management. According to the top-down approach, to analyze these terms following descriptions was used: Spatial management or managing the space relates to whole space and economy, mainly in social, geographic, political and environmental aspects, Real estate (land) management is spatial, legal, financial and technical dimension of such economy, Real estate management includes some parts of economy, but mainly in administrative, technical, economic and organizational meaning. Conducting researches over real estate management requires describing spatial management as superior term in the hierarchy. It can be assumed, that two approaches to defining spatial management can be found: urbanistic and economic. In the first approach, destination of land and rules of its development are the most important objects of studies. In the second one, more important is the term spatial dimension of social-economic systems. Real estate management can be described as a set of agreed relations and procedures among subject and object, and it is applied to widely understood spatial management, and to be more specific objects located in this space. In the case of real estates owned by the State Treasury and local government units, such procedures are written in Acts and executive rules attached to these acts. In Poland according to the Civil Code, real estates are immobile units which are part of environment in original or changed by human state, have autonomic existence and can be the subject of turnover. Thus, they are parts of assets, which is more general term in Civil Code. The object of real estate management, as it results from above mentioned rules, are widely understood assets, defined as ownership and other rights. The subject are entitled persons possessing particular right to the asset, such as owner, perpetual user, creditor, leasholder, etc. Professionals have been operating on real estate market and range of their activities is described in Poland by the Act on Real Estate Management (1997). Above mentioned relations and procedures are the effects of executing legal rules concerning civillegal activities. Their introduction usually needs assessing real estate value. Therefore valuation serves real estate management, however, it is not its only purpose. Real estate management can be also considered as all activities aiming at studies over optimal rules and procedures of real estate management, independently from their type, subject and form of ownership. Such view on real estate management underlines the tasks related to managing real estates owned by both State Treasury, local government units, and other physical and legal persons.

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4.

Development of real estate management system Real estate management treated as a system has been the object of many valuations and analysis. This system has been described, among others, by its strengths and weaknesses, what is presented in table below (Table 1). Real estate management strengths and weaknesses Strengths Weaknesses Sufficiency, efficiency and ability; Inefficiency, lack of competences and Effective realization of tasks, high quality of services sufficiency, inefficient fulfilling the tasks, low quality of services Suitability:realization of expectations and social needs Lack of suitability: missing needs and expectations Lack of sufficient legal basis for system Legal basis: Legal regulations agreed democratically functioning, lack of social control through social consultations; possibility of updating and changes Transparency: Full (without restrictions) Lack of transparency Solidity, predictability and progessitivity: Possibility Lack of solidity and logic connections In the system, unpredictable changes in legal of predicting changes in legal system (acts, prescripts, regulations, impossibility of appealing statutes), possibility of introducing complementary against the decisions regulations Calculability: Preparing reports and statements, Lack of possibility to analyze reports and explaining activities and description of procedures, statements, deficiencies in registers system functioning register Equity of subjects: Lack of discrimination of groups or Favouring particular groups or persons persons Balanced system: Balancing economic, social and Lack of balance both currently and in the environmental factors, both currently and in the future future Decentralization of system: Services related to real High centralization, low efficiency, high cost estate are decentralized and effective Participation: cooperating with administration, ma king Lack of cooperation with local consensus, local society participation, freedom of administration, impossibility of establishing speech and associations groups of interest Law protection and stability of system Lack of law protection and stability of system Corruption, decisions based on nonAiming at integration: Independent opinions and merithoric factors, realization of private experiments, clear border between private interest of interests by civil servants and politicians civil servants and local politicians and public issues
Source: Own studies based on origin materials from FIG and FAO

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Development analysis of this system can be presented on the below graphic (Fig. 4).
PHASE 1 PHASE 2 PHASE 3 PHASE 4

Building system and its components Measurements and registering rights to Real estate State and private ownership Assessment and valorization Economic and spatial planning

Building and developing markets Cadastre system development Delegation of competences and responsibilitie s computerisatio n improvements in system registering rights to Real estate Environment

Supporting systems development Balancing development processes Reducing areas of poverty Developing systems connected with multidimensional data infrastructure Many aspects of Policy related to Real estate Interoperability and multicipity of connections between regulation systems Social balance

Predicting needs and spatial integration Complexity of services Optimalization of resources management Sustainable development Important role of social and environment protection factors Equity of subjects Equal Access and competitiveness New methods of Real estate management Improving relations Informative society

Economic paradigm

Directly after Second World War

1975 r.

1990 r.

2010 r.

Fig. 4. Directions and forms of Real estate management system development Source: Own work inspired by I. Williamson, 2007

For particular attention deserves Phase 4, which describes the most important characteristics of modern real estate management. Within such system, various tools and procedures stimulating development of particular areas can be applied, especially: 1) Spatial development plan; 2) Real estate consolidation and division; 3) Perpetual usufruct for land with agreed conditions control; 4) Tax releases (property tax); 5) Technical infrastructure facilities; 6) Promoting long-term leases; 7) Establishing companies based on Trade Law (contributions); 8) Expropriations (ultimately in the case of realization of public purposes leading to development); 9) Recovering areas used as allotments (substitute areas through negotiations); 10) In special cases dissolving agreements for perpetual usufructs; 11) Delaying real estate degradation.

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Separate important issue is introducing rules leading to national management of assets belonging to State Treasury (ST) and local government units (LGU), what is presented on fig. 5.

Active management of ST and LGU assets

Effective management of real estate resources

Effective management of assets values

Tools for active management

Management and infrastructure

Active management of real estate resources Management and infrastructure

Fig. 5. Active management of public real estate resources Source: Own studies

Efficiency in public real estate resources management requires investment assessment and analyzing costs and profits relation: 1) Short-term and long-term costs and profits; 2) Analysis of expected costs and profits including risk and methods of forecasting; 3) Comparing costs of particular undertaking with its financial and social benefits; 4) Discounting both costs and benefits; 5) standardization of costs and benefits measurement unit for the day of calculation. Rules for management efficiency evaluation are based at assumption, that effects from economic activity should be compared with relevant inputs:

25

Rational real estate management includes then many dilemmas and choices, such as: Analyzing legitimacy of real estate sale; Decisions on dividing and consolidating real estate purposes and effects analysis; Decisions on building technical infrastructure facilities; Decisions on rates to calculate adjacent fees; Analysing profitability of actualization of fees for perpetual usufruct; o Benefits and costs o Economic and social effects Validity of transforming perpetual usufruct (PU) into ownership (OW) Perpetual usufruct with option of sale after building objects (according to the agreement); Justifying the use of the pre-emption right by the commune: o Conditions of pre-emption o Purposes Regulating real estate legal relations (especially in towns): o Rational dividing the space o Elimination plots on the contour of building Analysis of the legitimacy of purchasing real estates to ST or LGU resources; Term fair compensation for expropriation; Validity and course of negotiations related to purchasing real estate to resources; Improving systems of information on real estate: o Maps of real estate values o Registers, specifications, lists o Supplementary sources of information o Information systems development 5. Development of real estate management in Poland Real estate management in Poland is a relatively new branch of the economy, which has been developing rapidly. Intensive development began in the years 1985-1997, although the law of land management in towns and housing estates was passed in 1961. Improvement of the real estate management system was closely linked to the political and economic transformations that took place in Poland in the years 1989-1995 and which aimed at a transition from administrative control over real estate trade to the free market principles. The national economy has also been adapted to such principles. During this period, the importance of real estate started to grow and it started becoming a significant part of the national economy. The increasing interest in real estate made it grow into a separate segment of the economy. It started to be perceived as a national asset which generates or can generate income for its owner when an appropriate management strategy is applied. Increased interest in the real estate market at the turn of the 1980s and 1990s brought about a new manner of perceiving the problem and resulted in adapting the existing legal regulations to the changing situation. This concerned in particular: 1. Introducing the constitutional protection of ownership rights; Art. 7 of the Constitution of the Republic of Poland was amended in 1989. It strengthened ownership rights by embracing them, together with inheritance rights, with the legal protection by the Polish State. The expropriation procedure was restricted to situations when it is necessary for achieving important public goals. Compensation should be equal to the real estate value (fair compensation). This provision was transferred to Art. 21 of the Constitution and is worded as follows: The Republic of Poland protects ownership rights and inheritance rights. Expropriation is acceptable only when it is necessary for achieving an important public goal and for fair compensation. 2. Reforming the state government; Its goals were as follows: decentralisation of power, regulation of the principles of passing bylaws, establishing local communities (communes, counties and provinces). The communities were granted status as legal bodies and they had their scope of activities and tasks specified. Communal property was established after communalisation of some state-owned properties. The reform of state

26

government, which began in 1990 with granting legal authority to communes, was completed in 1998 by introducing new administrative division into provinces, counties and communes. 3. Beginning and continuation of regulating rights to real estate; Procedures were carried out with a view to achieving the following goals: enffranchisement of legal entities, strengthening their rights to real estate by changing the existing right of use or management to the rights of ownership of a building while granting perpetual usufruct rights to the plots of land; privatisation of companies granting shares in the companies, previously owned exclusively by the state, to third parties (transformation of state-owned companies into ones in which the State has part of the shares); ownership transformations in agriculture privatisation of state-owned agricultural farms, establishing state-owned agricultural resources, establishing the Agricultural Real Estate Agency and granting it property rights and the right to sell and purchase agricultural real estate. 4. Introducing market principles to the real estate trade; Under the Law of Land Management and Real Estate Expropriation of 1985, amended in 1990, the following market principles were introduced to real estate management: granting equal rights in real estate trade to all the entities acting on the real estate market. The only exception was made for organisations without a legal personality; introducing various forms of holding all the forms of holding, provided for in the law, can be applied for real estate: ownership, perpetual usufruct, use, lease, tenancy, permanent management, lending for use; replacement of non-transferable forms of holding a real estate with its transferable forms. Transferable rights of legal entities were introduced by enfranchisement, followed by enabling such legal entities to acquire the right of perpetual usufruct of a real estate or the right of its ownership; abolition of administrative decisions and introducing civil-law agreements concluded as a notarised deed. This form of decision was left for extraordinary situations, such as transferring real estate for permanent management, transformation of perpetual usufruct rights, to which individuals are entitled, into the right of ownership; abolishing official prices for real estate they were replaced by market prices, based on real estate value; introducing obligatory tenders when selling the property owned by the state or by local communities. The procedure of sale without tender is acceptable only in special cases, indicated in the law of real estate management; making it possible for real estate to be acquired by foreigners, who can acquire real estate in Poland for all the forms of holding, including the acquisition of ownership or perpetual usufruct rights. However, such acquisition has to be preceded by obtaining an official permit, issued as an administrative decision. Apart from amending or replacing the existing legal acts (the Constitution of the Republic of Poland of 1955 was replaced by the Constitution of the Republic of Poland of 2 April 1997). Amendment of the Civil Code of 23 April 1964 and of the Law of Land Management and Real Estate Expropriation of 29 April 1985 was replaced with the Law of Real Estate Management of 21 August 1997 a number of legal acts were passed which dealt with issues related to real estate, such as the law of managing stateowned agricultural real estate of 19 October 1991, the law of forests of 28 September 1991, law on the separate ownership of condominium units of 24 June 1994, the law of land use planning and management of 27 March 2003, the law of agricultural system of 11 April 2003 and the laws of local governments: the law of communal government of 8 March 1990, the law of county government of 5 June 1998, the law of provincial government of 5 June 1998. From 1997 real estate management is very important for public and private real estate management (real estate resources).

27

Legal foundations of real estate management Real estate management comprises all the actions related to real estate, where public purpose and general interest becomes manifest. Real estate owned by the State or local governments can be used for various purposes by public organisations. The State and local governments influence private entities (physical and legal). Real estate management deals with 3 types of real estate, treated as movable property in the law of real property. The basic regulations concerning real estate are contained in the Civil Code. The law of real property is a set of provisions of the civil law which regulate the origination, contents, change and cessation of the ownership rights and other property rights in the subject understanding. The right of property concerns only things and is an absolute right. The Civil Code restricts the catalogue of property rights (Table 1), while at the same time indicating that the property rights in the Polish system of civil law include: ownership, perpetual usufruct, restricted rights of property. For the restricted rights of property (such as: use, easement, lien) their essence is laid down by the Civil Code, while mortgage and co-operative ownership rights to an apartment are mentioned in specific legal acts, i.e. in the law of perpetual registers and mortgage and in the law of housing associations. The scope of perpetual usufruct rights is similar to that of ownership rights. However, it is restricted by the date contained in the agreement of granting perpetual usufruct rights on a plot of land and the payment for the right. Real estate ownership can be granted undivided to several persons (co-ownership). Coownership can be either co-ownership in parts and collective co-ownership. Table 2 contains the basic differences between ownership rights and perpetual usufruct rights, and table 3 contains similarities between these two rights.

6.

28

Table 2. Basic differences between the right of perpetual usufruct and the right of ownership of a real estate Right of perpetual usufruct Right of ownership Intermediate between restricted right of property Unrestricted right of property; it is not an and the right of ownership. absolute right. The object of the right of perpetual usufruct is land The object of the right of ownership are objects owned by the state or by local governments. as understood by the civil law. Associated right one entity has two separate Separate right it is transferable independently rights to the plot of land and to buildings. of other rights. Right of perpetual usufruct Right of ownership Non-autonomous right it depends on the contents Autonomous right its legal existence does not of another right and cannot exist without that right. depend on any other right. Dependent right it is associated with the right of Independent right there is a direct ownership of buildings and facilities and none of relationship between a real estate and its them can be traded independently and the owner. expiration of the right of perpetual usufruct causes the expiration of the right of ownership of buildings and other facilities. Chargeable right first payment and annual Non-chargeable right (for holding). payments. Right with a limited period granted for the period Right with an unlimited period it exists as of 99 years which can be extended (exceptionally long as the object of the right exists; the for the period not shorter than 40 years). duration of the right is not determined in advance The owner of the land is different (the State or a The object of the right of ownership is the local government), than the owner of buildings and undivided built-up real estate. other facilities for which the right of perpetual usufruct has been granted.
Source: Authors study

Table 3. Basic similarities between the right of perpetual usufruct and the right of ownership of a real estate Ownership Perpetual usufruct Similarities Any individual or legal entity can be the subject of such rights; Property rights their objects are material goods with established value; Disposable rights; Transferable rights they can be transferred as a result of legal actions; Inheritable right; Divisible rights co-ownership, perpetual usufruct granted to several individuals (such individuals are jointly the subjects of the right of perpetual usufruct such that each of them is entitled to a fraction of the right, and each of the individuals can dispose of their part); They are entered in a perpetual register; They can be expropriated; They can be encumbered with a mortgage.
Source: Authors study

Real estate management can also be seen as a set of relations and procedures between the subjects and object of the management. Such a set comprises three types of real estate and the rights associated with them. Problems related to real estate management are dealt with in conformity with the Law of Real Estate Management and with the set of executory regulations to the law as well as other regulations concerning public real estates. Real estate management is also a system which embraces relations between entities and the real estates and the procedures which result in taking decisions associated with land management.

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Such decisions contribute to determining the subjects and help specify the restrictions of access to land. Therefore, it is a set of actions seen as standard actions, behaviour and objectives, resulting from specific regulations concerning various forms of real estate management (e.g. sale, perpetual usufruct, lease, tenancy, etc.), whose aim is to use and develop it in a rational manner. Real estate management, sometimes referred to as real estate economy, is therefore a concept closely related to the word economy. The term economy is used to define the whole of economic entities and relations between them and other elements of the trade. It is closely correlated with organisation, management and running business entities. The essence of the statement that real estate management is part of the economy is based on the concept of real estate (land, buildings and other facilities) as well as the immaterial sphere which contains the rights related to such real estate. Managed real estates are identified, described, analysed, assessed and aggregated in a specifically determined manner. Physical, economic and other features of real estate depend primarily on its location and surroundings of a specific object of description. Real estate can also be perceived as the sum of actions aimed at determining the optimum principles and procedures of real estate management, regardless of its type or form of holding. Such perception of real estate management is indicative of the tasks related to managing real estate owned by the state, local governments as well as other physical and legal entities, which are performed by legal regulations, mainly at the meeting of public and private benefit. The tasks are related to all real estate, i.e. land, buildings, other facilities and agricultural real estate, situated in rural, forest and urban areas. However, the tasks are formulated in separate legal acts. The main criterion which separates the scope of tasks in managing various types of real estate is the intended use of land in the local land use plans (Fig. 6).

Fig. 5. Distribution of tasks related to real estate management with respect to the intended use of real estate Source: own study

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Such a criterion of division indicates two separate areas of real estate management: 1) land management in rural areas; 2) real estate management in towns and urbanised areas. Land management is understood as the whole of the problems and tasks related to appropriate use of the country area for its general economic and social purposes. In a more restricted meaning it includes all institutional, legal, economic and technical activities associated with rational use of land. It deals with rural areas (situated outside towns), especially agricultural land, forests and land under water. The main areas of land management include: - civil and administrative trade in real estate; - managing land from the agricultural resources of the state; - managing forest and trading state-owned forest; - managing land under water; - integration and exchange of plots of land; - divisions, demarcation and expropriation of real estate in rural areas; - protecting agricultural and forest land, etc. The basic objectives and tasks of land management include: - optimum use of land; - protection of land resource resources; - establishing a correct structure of using and holding land; - designing a correct spatial structure; - the appropriate location of socio-economic functions; - establishing conditions which ensure proper income on the land; - adopting spatial-economic factors to the principles of market economy. Real estate management, perceived as a set of relationships and procedures related to them, occurring between a group of subjects and the managed object, which comprises real estates and the rights attached to them, serves to isolate the cause-and-effect relationships which can be examined in relation to real estate management. The relationships are described below. 1) Individual and general relationships. Individual relationships concern specific objects and events (e.g. expropriation of real estate for a specific public purpose). If a multi-case analysis is performed, general relationships are found (e.g. relationship between the prices and value of real estate on a selected local market). 2) Deterministic and stochastic relationships. Relationships of this type are exception-free or probable. Exception-free relationships are rare. 3) Sufficient and necessary conditions. Such conditions are related to conditional and unconditional relationships. The most frequent type of relationships in real estate management are conditional ones with complementary conditions and alternative ones (e.g. real estate expropriation). The Law of Real Estate Management of 1997 determined the principles of the management through a list of the following procedures and activities: a) managing real estate owned by the state or by local governments; b) performing divisions as well as integration and division of real estate; c) exercising the right of pre-emption by communes; d) real estate expropriation and returning expropriated real estate which has not been used in conformity with the purpose of the expropriation; e) participation in the cost of construction of technical infrastructure; f) performing real estate valuation and regulation of the principles of professional activities of real estate management. Activities mentioned in other laws have been excluded from the scope embraced by the law of real estate management; those are in particular: 1) real estate acquisition by foreigners; 2) integration and exchange of plots (agricultural land); 3) managing forest real estate and state-owned agricultural real estate; 4) acquisition of land for motorway construction and execution of investment projects of national roads construction; 5) accommodation for the Polish Army; 31

6) managing certain property components. The amendments made to the law on 22 September 2004 were aimed at adopting the legal regulations concerning real estate management to the social and political situation that resulted from the accession of Poland to the European Union. The amendments concern such procedures as: 1) selling and purchasing real estate, including organisation of tenders; 2) protection of lessees of residential quarters; 3) determination of real estate prices; 4) performing real estate division and establishing adjacency fees; 5) exercising the right of pre-emption; 6) real estate expropriation and establishing the compensation for expropriated real estate; 7) extending the authority of real estate appraisers, real estate administrators and real estate agents by preparing relevant expert opinions and analyses concerning real estate market. Activities and procedures of modern real estate management have to take into account phases of market cycles. The phases can be taken into account in the procedure of developing plans of managing public resources of real estate, owned by the State or by local governments. 7. Conclusions It should be underlined, that managing real estate, especially owned by public sector units, is conducted in specific conditions. This management is connected with irreversible goods and requires applying rules of sustainable development. Such activity should be based on individual approach, using managerial systems and techniques and wide analitycal set of tools. Particular attention should be paid to economic dimension of efficiency of such management, which includes also the most important social aspects. Parts of successful real estate resources management are connected with way of management and quality of personnel responsible for such issues. Changes in this field are usually long-term processes correlated with dynamics of economic development of particular regions, voivodships and communes. It should be remembered that real estate (land) is still important economic and social factor. Access to real estate, safety of ownership and managing the areas have important influence on economic development. Selected directions of real estate management system in Poland are presented below: 1) Registering rights to real estate Improving information flow Improving protection of rights to real estate Reducing costs and digitalizing system with connections with other information on real estate systems 2) Reforming legal system: Simplifying and reducing legal regulations o Rational dividing the space, o Elimination plots on the contour of building, Analysis of the legitimacy of purchasing real estates to ST or LGU resources; Term fair compensation for expropriation; Validity and course of negotiations related to purchasing real estate to resources; Improving systems of information on real estate: o Maps of real estate values o Registers, specifications, lists (the cadastre system), o Supplementary sources of information o Information systems development Integrating regulations related to real estate Preparing real estate code 3) Simplifying service system, improving quality of staff and services: Proper practice of employing professionals with standardized competences acquired through skills trainings, Improving occupational qualifications (postgraduate studies, courses), Improving human resources and staff management, 32

Integrating rules of real estate management with European Union standards, 4) Compensating development in weaker areas. As a matter of principle, real estate management is based on civil law relationships, which guarantee the equality to participants. However, there are a number of exceptions to the principle, which indicate the administrative forms of activities in real estate management. In particular, these are decisions which in total or in part decide on the essence of an issue, affecting the rights and obligations of the participants in a non-objective manner. The legal regulations which lay down the right to use (possession, use, obtaining proceeds) and dispose of an object (exchange, ridding oneself of it, encumbering) lie within the international tendency to unify legal regulations. Such action or nonfeasance on the part of an entitled party is not considered to constitute exercising the right and does not entertain any protection. The use of an object can be restricted in the manner laid down by the law. Legal and social restrictions allowed by the law often deviate from the European trends, especially as they are internally incoherent. The problems that emerge are being gradually removed, for example, by introducing the criteria of issuing permits for foreigners to acquire real estate or shares, i.e. a catalogue of expressly listed exceptions. Obviously, thanks to globalisation, and particularly to the community law, the trade in real estate will soon be completely free in terms of equal treatment of all the member states. It seems that the exchange of thought and knowledge leads through the unification of the law. It is beyond doubt that a common tendency in jurisdiction, absence of any interpretation problems and simplified procedures would allow for easier and more effective law enforcement. However, this would require not only the unification of legal acts which deal with real estate management, but also establishing a strategy of actions related to regulations concerning real estate, especially those aimed at securing public interest and tasks. The process of globalisation cannot eliminate the autonomous interests of local communities, which would result in weakening the local initiatives. The system of real estate management in Poland is constantly evolving towards full implementation of market principles and weakening the public sector of real estate in the future. The sector still holds over 35% of the area of Poland and clearly affects the private ownership of real estate and the principles of management. LITERATURE
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Avis M., Gibson V., 1996. Real estate resource management comparison. Readings publ. Bertelsmann Stiftung, 2009. Bertelsmann transformation index 2010: Political Management in International Comparison, Bertelsmann Stiftung, Gtersloh Burmanje D., T. van der Molen, 2005. Spatial data infrastructure and land administration in Europe. FIG-GSDI publ. Cairo Burns T., K. Deininger, H. Solod, K. Darlymple, 2009. Implementing the land governance assessment framework. FIG publ. Sydney FAO, 2007. Good gevernance on land tenure and administration. Roma, FAO, UN FIG, 2010. Internationa land organisational development. FIG Pub No 47, Copenhagen Grover R., Ch. Grover, 2012. Valuation and land governance. EMERALD, Journal of Propoerty Investment, vol.30, no 1, pp 88-98 Ossko A., 2006. Questions on sustainable land administration. FIG publ. Accra, Ghana Williamson j., S.Enemark, J. Wallace, A. Rajabifard, 2010. Land adminstration for sustainable development, ESRI, Redlands, California, USA rbek S., R. rbek, J. Kuryj, 2011. Gospodarka nieruchomociami, GALL, Katowice (in Polish)

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ANALYSIS OF THE DIVERGENCES BETWEEN THE DATA CONTAINED IN THE REGISTER OF LAND AND MORTGAGES AND THE DATA IN THE REGISTER OF LAND AND BUILDINGS
Elbieta Zysk Department of Real Estate Management and Regional Development University of Warmia and Mazury in Olsztyn email: elzbieta.zysk@uwm.edu.pl Abstract The paper presents the problem of divergences between the data in the register of land and mortgages and the register of land and buildings. The studies were conducted in the area of Podlaskie voivodship (north-eastern Poland). The results are presented in the form of graphs and tabulations. The examples of divergences between those registers and causes for that situation are presented. The scope of actions that are necessary in that area is also presented. Keys words: registers of land and mortgages, register of land and buildings. Introduction Since mid-20th century development of a new type of society, commonly referred to as the Information Society can be observed. Rapid development of teleinformation technologies, access to and wide scope of the information flow cause that the information has become one of the most valuable goods. A society becomes the information society when it reaches the level of development as well as scale and complexity of social and economic processes requiring application of new technologies for gathering, processing, transmission and use of immense volumes of information generated from those processes. The information society is a new type of society developing in countries with high level of technology development. Information management, its quality and speed of transmission are important factors of competition in industry, trade and services that influence the economic development, including the real property market, significantly (Scientific Research Committee, Ministry of Communication of the Republic of Poland RP 2001:62). Real property market development is dependent to a significant extent on the basic stimuli of the economy: appropriately organised space, flow of information and government and territorial government administrations functioning appropriately. In the real property market four basic subsystems can be identified: for trading in the rights to real property, for investing in real property, for real property management and for real property financing. The subsystem for transfer of ownership rights to the real property is the most important of them. In Poland, we can identify two institutions that register rights to the real property and allow identification of the real property in space. Those are the register of land and buildings and the register of land and mortgages. This paper aims at identifying whether the information, in particular the data describing the object and the subject of the real property, in the register of land and buildings is consistent with the data in the register of land and mortgages and as a consequence forms uniform and harmonious information on the real property. Podlaskie voivodship, a region in north-eastern Poland was the area covered by the study. Land real properties without buildings and structures were the subject of the study. Information sources. Register of land and buildings The register of land and buildings is the information system of fundamental importance in widely understood land use. The system is an important tool allowing appropriate land management and securing safety of trade in real property (Zwirowicz K.).

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In Poland the register of land and buildings is governed by the Act Geodesic and cartographic law and it means the uniform for the entire country, systematically updated set of information on land and buildings, their owners and other individuals and legal entities holding those lands and buildings. The register records the spatial and descriptive data concerning objects: parcels, buildings and premises. The register is maintained for the individual register units that are municipalities; the unit is divided into areas and then the parcels. The register of land and buildings encompasses the data concerning the: - land: its location, borders, area, types of land use and their soil class, identification of the register of land and mortgages or sets of documents, if they have been established for the real property a part of which such land forms, - buildings: their location, intended use, utility function and general technical data, - premises: their location, use functions and usable area. The register of land and buildings also reveals the: owner, and in relation to land owned by the state and territorial government other individuals or legal entities holding the land and buildings or parts of them; place of residence or registered address of the above-indicated holders, information on including the real property in the register of monuments. The register is a set of data in the form of the register map and the register files as well as documents supporting the entries, so-called registration documentation. The system is maintained in the computerised form and the maps are in the digital format. Registers of Land and Mortgages The Register of Land and Mortgages is the nest source of information concerning the real property. In Poland the Register of Land and Mortgages is the system recording the legal status of real property as concerns the material and other rights, limitations and claims. The Register of Land and Mortgages is governed by the Act on the Register of Land and Mortgages and Mortgage of the 6th of July 1982, Regulation by the Minister of Justice of the 18th of March 1992 on implementation of the provisions of the Act on the Register of Land and Mortgages and Mortgage and the Act of the 14th of February 2003 on migration of the register of land and mortgages to the structure of the computerised register of land and mortgages. Revealing the legal status of the real property and stabilisation of ownership structure, and as a consequence protection of trade in real property is the basic goal of the Register of Land and Mortgages. Registration of rights takes place on the base of the real property identification obtained from the register of land and buildings; currently the real property identification has the format of the description and map but in the future the real property identification can take a different format. The Register of Land and Mortgages is established and maintained for each individual real property and limited material rights. It is linked to the real property and not the person of the owner; it is maintained for the individual real property independent of the owner change. Maintaining the Register of Land and Mortgages is within the competences of the district courts (the Register of Land and Mortgages division) that allocate numbers to individual registers according to the sequence of registration. The Registers are established on application by the real property owner. Maintaining the Register of Land and Mortgages involves maintaining the files. Those files contain all the documents and other letters that form the base for entries. The Register of Land and Mortgages and the files are maintained by the archives of the District Court. In Poland the Registers of Land and Mortgages are maintained in the following formats: - analogue in the written form, according to the set template, on forms covering the individual sections of the Register, - digital as the information system; the Register of Land and Mortgages is input into the system which allows reviewing it at the website http://ekw.ms.gov.pl/pdcbdkw/pdcbdkw.html (after entering the Register number) or at computer stations in the district courts. According to the Polish law provisions, the Register of Land and Mortgages consists of four sections: I. the objective section: identification of the real property and entry of the rights related to ownership of it; II. the subjective section: entries concerning ownership and perpetual usufruct; 35

III. the encumbrances and limitations section: entries concerning limited material rights excluding mortgages, entries on limitations in disposal of the real property or perpetual usufruct and entries of other rights and claims. IV. the mortgage section: entries concerning mortgages. The Register of Land and Mortgages files also include abstracts from the register of land and buildings, copies of register maps, register of buildings and premises, administrative decisions, court decisions and other documents influencing the real property legal status. The Register of Land and Mortgages in Poland is operated on the presumption of truth and warranty of the public trust meaning that in case of divergence between the legal status of the real property revealed in the Register of Land and Mortgages and the actual legal status the content of the Register will decide to the benefit of the person that by means of the legal action with the authorised person, according to the contents of the Register acquired the ownership right or other material right. Referring to the Decision by the Supreme Court of the 10th of October 2007 (ICSK 230/07 lex No. 517977) it is worth mentioning that the data from the register of land and buildings represent the base for determination of the real property in the Register of Land and Mortgages and not the other way round. The change of the subject related to a given real property are revealed in the register of land and buildings on the base of the Register of Land and Mortgages while identification of the real property in the Register of Land and Mortgages should be consistent with the data reflected in the register of land and buildings. It is also worth pointing out that the area of the real property is determined on the base of the register of land and buildings and not on the base of the Register of Land and Mortgages. In the reasons for the judgment by the Voivodship Court of Administration of the 12th of April 2010 in case IV SA/Wa 366/10 it was pointed out that the determination of the area in section I of the Register of Land and Mortgages serves identification of the real property only. The land area entry in the part real property identification in section I of the Register of Land and Mortgages is not covered by the presumption of truth and is not protected by the warranty of public trust related to the Register of Land and Mortgages. In case of divergence of it and the data in the register of land and buildings the correction should take place in proceedings related to the Register of Land and Mortgages. Own studies The legal studies were conducted on the sample of 100 land properties without buildings. The study used the data originating from the Register of Land and Mortgages maintained by the District Court in Suwaki (Podlaskie voivodship) and data from the register of land and buildings extracts from the register of land and buildings originating from the County Administration Office in Suwaki. The study consisted of conducting the comparison of the data contained in the Register of Land and Mortgages in two sections (the objective one and the subjective one) with the data contained in the extracts from the register of land and buildings. Stage one of the studies involved finding the data of land real properties that were objects of trading in the real property market. On the base of the known numbers of parcels a review of extracts from the register of land and buildings was conducted at the County Administration Office in Suwaki. Next, the content of the Register of Land and Mortgages for the analysed land real properties was reviewed. The study concerned land real properties without buildings. The analysis covered the following data: - real property owner, - legal status, - land real property identification. The results are presented in table 1 specifying the differences between the data contained in the register of land and buildings and the Register of Land and Mortgages.

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Table 1. List of differences between the data from the Register of Land and Mortgages and the data from the register of land and buildings
Data Examples of differences Register of Land and Mortgages Register of Land and Buildings concerning the real Jan W. State Treasury property owner Comment: according to the Register of Land and Buildings the owner is the State Treasury while a natural person is registered in the Register of Land and Mortgages. Zenon K. Zenon K. Anna K. There is just a sole owner registered in the Register of Land and Mortgages while in the Register of Land and Buildings two owners are registered State Treasury State Treasury, Agency of the Agricultural Property of the Agricultural Property Agency State Treasury Comment: outdated name of the owner in the Register of Land and Mortgages concerning the legal Sawomir S. and Anna S. Sawomir S. status 1/2 share holder spousal ownership defined by family law Anna S. 1/2 share holder The Register of Land and Mortgages reveals spousal ownership while the Register of Land and Buildings the ownership in shares of one half each is revealed Marian T. 1/3 share holder Marian ST. 1/2 share holder Joanna T. 1/3 share holder Joanna T. 1/2 share holder Kamila J. 1/3 share holder The Register of Land and Mortgages reveals three owners while the Register of Land and Buildings just two. Additionally there is a difference between the shares in the property ownership between the registers concerning land real land parcel identification number 524 land parcel identification number 524 property country county number 6 identification area 1050 m2, area 950 m2 Location Wasilkowo Location Wasilkowo The parcel area registered in the Register of Land and Mortgages is different than that revealed in the Register of Land and Buildings land parcel identification number 6412 land parcel identification number 6410 The Register of Land and Mortgages shows a different parcel number than the Register of Land and Buildings land parcel identification number 256/3 land parcel identification number 2352/2 area 1890 area 2140 The Register of Land and Mortgages shows a different parcel number and area than the Register of Land and Buildings land parcel identification number 11/2, 11/3 land parcel identification number 11/2,11/3, 45 area 3450 m2 area 3540 m2 The Register of Land and Mortgages shows different numbers of parcels than the Register of Land and Buildings land parcel identification number 8952 land parcel identification number .. area 3054 m2 area 3054 m2 The Register of Land and Mortgages shows no parcel number land parcel identification number 85 land parcel identification number 85/2 The Register of Land and Mortgages shows a different number of the parcel than the Register of Land and Buildings Source: Authors own study

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The analysed materials (extracts and Registers of Land and Mortgages) showed in 10 Registers of Land and Mortgages different information concerning the owner than the information recorded in the register of land and buildings. Differences concerning the legal status were encountered in 8 cases. The highest number of differences in the data occurred in the land property descriptions. The differences concerned the following issues: different area, different parcel number and lack of consideration for the real property divisions made (Zysk E. 2009). Among the analysed cases the situations were also encountered where the data concerning one land real property contained a number of differences, e.g. some owners were not listed, the parcel number was wrong and inappropriate parcel area was recorded. Achievement of full consistency is not simple because it requires analysing the entire land survey documentation and it represents a time consuming and expensive task. On the other hand, the offices maintaining the registers do not want to make changes stating that the application should be lodged by the interested party itself (the real property owner). The issue becomes even more complicated when the owner is dead and no inheritance proceedings was conducted (Zysk E. 2009). Among the analysed cases there were also real properties for which the State Treasury was entered as the owner but there was no mention concerning the document on the base of which such an entry concerning the ownership right was made. In the publication ,,Dokumentacja geodezyjnokartograficzna dla drg a kataster nieruchomoci [Geodesic-cartographic documentation for roads and the cadastre of the real property] the authors, Grzechnik B., Marzec Z., refer to the differences I have indicated and point out at the problems and difficulties that appear during gathering the data necessary for road investment projects planning. They draw attention to a number of cases where the State Treasury was entered as the owner without indicating the ownership title and without the Office possessing that document in its set of documentation. The authors indicate how numerous such cases are and point out at the need for solving them as they stop the investment projects and trade in real property. It is also worth considering the causes for such a situation where so important and frequent differences are encountered between the two registers. What do they result from? Below is the graph presenting the sources for differences between the registers.

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the differences in the legal status revealed in the register of land and buildings and the Register of Land and Mortgages are most frequently consequences of the following: - real property division, including division as a consequence of the inheritance proceedings - absolute decisions, - court decisions, - copies of notary deeds, - change of surname, - acquisitive prescription, - change of the legal status, e.g. from perpetual usufruct to ownership, - abolition of joint ownership, - expropriation.

arrears in data change input: - purchase of the real property from the State Treasury (new owner was not recorded), - change of the subject as a consequence of the inheritance proceedings, - change of the name of the institution, - change of surname.

Differences between the data may result from:

errors in numbering of parcels observed in the Register of Land and Mortgages resulting from, e.g. mergers and exchange of land and renewal of the register of land and buildings.

not considering in the Register of Land and Mortgages of the changes in location of the real property resulting from changes in, e.g. street name as a consequence of a resolution by the council of the municipality or town or numbering of areas of the recording units as a result of the renewal of the register of land and buildings.

Fig. 1. Sources of differences between the data in the Register of Land and Mortgages and the register of land and buildings Source: own work

Scope of the necessary data Comparison of the data from the register of land and buildings and the data from the Register of Land and Mortgages indicates lack of consistence of the data in those two registers. The data contained in those registers as possessing the quality of the warranty of the public trust should be consistent to the highest extent possible. The issues of convergence between those two registers should be solved as quickly as possible to secure safety of trade in real property, because of the INSPIRE implementation and acceleration of procedures related to expropriation of real property for construction of roads.

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What actions should be taken by the agencies in harmonisation and improvement of convergence between the registers? First of all elimination of writing errors at the time of data input to both registers should take place. The currency and accuracy of the data that is input of changes on current bases, verification of data, informing the owners about the existing differences should be the next step. Quality and level of detail control should take place at every stage of data input and update. Implementation of standardisation allowing efficient use of the available information resources and verification of the data as concerns the spatial and legal aspects should be the next stage. Harmony and convergence of data, i.e. the data uniformity standard should be the next step. In case of data gathered in public registers that issue should be the priority. Data uniformity can be obtained through integration of the register of land and buildings system with the Register of Land and Mortgages system by undertaking the following actions (Kulka A. et al.): - implementation of uniform standards of data identifying land real properties; elimination of writing errors and inappropriate numbers of parcels (in most cases the Register of Land and Mortgages contains old numbers while the register of land and building contains new numbers generated following consecutive modernisations), - matching the coverage areas of the register of land and buildings and the district courts maintaining the Registers of Land and Mortgages, - revealing limited material rights, including land and personal easements in the register of land and buildings, - update of data in the register of land and buildings by including the new numbers of the Registers of Land and Mortgages resulting from informatization of the system. It is also worth stressing that the works concerning convergence and uniformity should be completed as rapidly as possible considering poor technical status of some analogue documents media (e.g. maps, register files). It may happen that in the future elimination of erroneous data or revealing the causes for differences may be very difficult if the primary data become hard to read or not available. Conclusion The register of land and buildings is one of the fundamental public registers in the information infrastructure of the state. A significant proportion of the data contained in the register of land and buildings, in particular the data concerning the parcels, is of primary and reference character for other public registers, first of all the Register of Land and Mortgages. The data input into the register of land and buildings, the scope of the data recorded, the currency of the data, consistency with the actual status influence the quality of the data in the Registers of Land and Mortgages. And vice versa, the data input/recorded in the Register of Land and Mortgages influence the quality of the data in the register of land and buildings. Both registers are of major importance for functioning of the State, enterprises and citizens. Analysis of cases shows large differences between the descriptive part of the Register of Land and Mortgages and the data in the register of land and buildings. Given that, the register does not form strictly uniform and harmonious information on the real property. Polish legislation, including the geodesic and cartographic law of the 17th of May 1989 (as amended) provides the data harmonisation definition as activities of legal, technical and organisational character aiming at achievement of mutual convergence of those sets and their adjustment to common and joint use. It is worth pointing out here that modernisation of the existing register of land and buildings and its transformation into the cadastre of real properties would facilitate collaboration and harmonisation with other public registers, including the Register of Land and Mortgages, which would undoubtedly offer measurable benefits to the citizens and the economy. The process of harmonisation is a highly complex, time consuming and difficult undertaking not only in the technical aspect but also in the organisational one. Success in those categories depends not only on the assumed technical solutions but, first of all, the appropriate organisation and legal regulation, including the exchange, migration and standardisation of data. The above activities should be the priority to assure security of trade in real property, presumption of trust of the Register of Land and Mortgages as well as currency and reliability of the data in the cadastre of real properties.

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References
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Grzechnik B., Marzec Z.: Dokumentacja geodezyjno-kartograficzna dla drg a kataster nieruchomoci. Warszawa 2010. Kulka A. , Matela W., Pietrzak L., Radzio W., Zaremba S., Prawne umocowania konwersji danych geodezyjnych i odpowiedzialnoci za nie. Warszawa 2010. Referring to the Decision by the Supreme Court of the 10th of October 2007 (ICSK 230/07 lex No. 517977) Report:(Scientific Research Committee, Ministry of Communication of the Republic of Poland RP 2001:62) Warszawa 2000. Rozporzdzenie Ministra Rozwoju Regionalnego i Budownictwa z dnia 29 marca 2001r. w sprawie ewidencji gruntw i budynkw. (Dz. U. z 2001 r. nr 38 poz. 454) Rozporzdzeniu Ministra Sprawiedliwoci z 18 marca 1992 roku w sprawie wykonywania przepisw ustawy o ksigach wieczystych i hipotece. (Dz.U. Nr 29, poz. 129) The reasons for the judgment Voivodship Court of Administration of the 12th of April 2010 in case IV SA/Wa 366/10 Ustawa z dnia 14 lutego 2003 roku o przenoszeniu treci ksigi wieczystej prowadzonej w systemie informatycznym ( Dz.U. nr 42 poz 363) Ustawa o ksigach wieczystych i hipotece z dnia 6 lipca 1982 roku. (Dz. U. z 2001 r. Nr 124 poz. 1361 ze zm). Ustawa Prawo geodezyjne i kartograficzne z 17 maja 1989 r. (Dz. U. z 2000 r. nr 100, poz. 1086 i nr 120, poz. 1268 z pn. zm.) Zwirowicz K.: Wybrane problemy ekonomiczno-techniczne wykorzystywania danych ewidencyjnych na potrzeby zwizane z uytkowaniem ziemi. Studia i Materiay Towarzystwa Naukowego Nieruchomoci, Olsztyn 2010. Zysk E.: Analysis of the information necessities of rural area development, Doctoral Thesis, Olsztyn 2009.

41

WAYS OF MANAGEMENT OF MARGINAL LANDS IN POLAND WITH RESPECT TO THE SUSTAINABLE DEVELOPMENT RULES
Katarzyna Sobolewska Mikulska Warsaw University of Technology Department of Cadastre and Land Management 00-661 Warszawa, Plac Politechniki 1, Poland e-mail: k-mikulska@02.pl Tel.: +48 605 349 136 SUMMARY The paper presents the rules of implementation of the sustainable development in rural areas of less favoured cultivation conditions, resulting from legal and technical circumstances. The scope of implementation of programmes performed in the frames of the Rural Areas Development Programme for the period 2007-2013, with consideration of the environmental protection rules, will be also discussed. The rules of sustainable development with respect to implementation of environmental-andagricultural programmes in NATURA 2000 areas, as well as the issues of afforestation of marginal lands in Poland will be presented. The paper will also discuss the possibilities of alternative use of marginal lands, towards support for multi-functional development of rural areas. INTRODUCTION After integration of Poland with the European Union, restructuring of the agriculture became the development necessity. The priority was to specify the areas of less favoured conditions for development of the agriculture. In Europe, the first LFA areas (Less Favoured Agriculture Areas) were determined as early as in 1975 in Belgium and in Italy. Since then, the European Commission for the Agriculture specified and modified the rules of determination of the LFA areas in particular member states. The system of delimitation of such areas was, and it still is, connected with the system of cofinancing due to the less favoured agriculture areas. In the process of delimitation of less favoured agricultural areas the natural, as well as the economic-and-social factors are considered. The natural factors are determined for such parameters, as: the average elevation of the area above the sea level, the terrain slope and the slope direction. The economic-and-social factors allow for considering the productivity of agricultural areas, the population density index and the profitability of farms. In the EU states, in the process of delimitation of less favoured agricultural areas, specific features of particular regions in member states, are considered. The scope and criteria of delimitation may vary, depending on social-economic and environmental conditions. In Poland, criteria of delimitation of the LFA areas were based on the Resolution of the European council no. 1257/1999 of May 17, 1999 and agreed with the Ministry of Agriculture and Food Economy. During the discussions, the following natural factors were determined for Poland: 1. climate conditions and the terrain relief, 2. the soil quality and their potential productivity. The social-economic factors include: 1. age and the level of education of farm owners, 2. the direction of production and expenses for the agricultural production, 3. the main source of incomes of farms. Basing on the above factors, the Polish less favoured agricultural areas are the mountainous and lowlands, as well as areas characterised by specific natural difficulties. The basic objectives of the systematic determination of the LFA areas in the EU states, is the necessity to maintain: 1.

42

1. the continuity of the agricultural land use and, therefore, the maintenance of the vitality of rural areas, 2. landscape values of rural areas, 3. the sustainable development, with consideration of environmental protection aspects. Locations of these areas in Poland, by particular municipalities, are presented in Fig. 1.

Poza ONW outside LFA, strefa I ONW 1st zone of LFA, strefa II ONW 2nd zone of LFA, ONW o specyficznych LFA with specific difficulties, strefa grska ONW mountainous zone of LFA, obszary miejskie... areas of cities outside LFA

Fig. 1. Less favoured agricultural areas in Poland. Source: The Institute of Soil Science and Plant Cultivation in Puawy.

The objective of the work is to analyse the possibility to implement the sustainable development idea for rural areas, within the LFA areas and to determine legal-and-technical procedures, allowing for implementation of these objectives. 2. THE RULE OF SUSTAINABLE DEVELOPMENT OF RURAL AREAS IN POLAND The document titled The coherent structural policy of development of rural areas and the agriculture, approved for implementation by the Council of Ministers in 1999, recognised activities undertaken for the needs of environmental protection, biodiversity and landscapes as the type of services provided by a farmer for the society and established the additional possibilities of work in farms, as well as it will increase the landscape and natural values of agricultural areas. The adoption of those trends for agricultural and rural areas, in particular the LFA areas, will influence the creation of new directions of development, including ecological agriculture and agro-tourist development. This will also result in the necessity to solve the issues related to management of marginal lands and to introduce changes of the structure of the agricultural production in polluted areas, from the food production onto the production for industrial purposes. The investments, serving for environmental protection purposes, include, among others, activities, which are performed for: 1. improvement of the quality of waters, 2. protection of soil resources, 3. small retention of water, 4. maintenance of landscape values and the cultural heritage of rural areas.

43

For many years the sector of agriculture was in Poland the source of pollution and verious forms of environmental degradation. The current conditions are also unsatisfied and many aspects of the environmental protection required activities performed at the large scale, in particular reference to soil and water resources, waste management and protection of the animated nature and landscapes. Such development of tasks for the rural areas is connected with the introduction of activities related to the environmental protection, in its wide sense. For the agriculture and for the rural areas it will mean the implementation of the sustainable and multifunctional development ideas. The politic-and-financial tool in this respect are, among others, environmental-and-agricultural programmes implemented in Poland, which are particularly important for the less favoured agricultural areas. 3. CHARACTERISTICS OF LESS FAVOURED AREAS IN POLAND The sustainable development of rural areas and the financial support for farms in the LFA areas aim at ensuring the possibility to continue agricultural activities and utilisation of lands basing on the environmental friendly rules, and, at the same time, at supporting other, non-agricultural functions. Following the Main Statistical Office, the size of LFA areas in Poland exceeds 9.2 million hectares, being 56% size of arable lands in Poland. According to conditions of determination of the LFA areas, specified for Poland and discussed above, those areas include: mountainous areas, lowlands and areas characterised by special difficulties. The Rural Areas Development Programme for the period 2007-2013 is one the instruments of financial support for farms located in areas, where the agricultural production is difficult due to less favoured natural conditions. Equalising subsidies for farms, located in mountainous areas and in other areas of less favoured agricultural conditions, compensate the existing difficulties, comparing to farms, which are located outside the boundaries of the LFA areas. The following areas were distinguished in the process of delimitation of mountainous areas and other areas of less favoured agricultural conditions: 1. mountainous areas where the agricultural production is difficult due to less favoured climate conditions and the terrain relief; mountainous areas include municipalities and register districts, where more than 50% arable lands are located higher than 500 m above the sea level, 2. lowlands where the agricultural productivity is limited due to the poor quality of soils, less favoured climate conditions, less favoured water conditions, the terrain relief and low demographic index, as well as high level of participation of inhabitants connected with the agriculture. Two zones were distinguished within those areas; 3. areas with specific natural difficulties they include municipalities and register districts in piedmont areas, which were distinguished for the needs of the act on the agricultural tax of 1984 19 and such areas, where at least 50% of arable lands are located higher than 350 m above the sea level. Additionally such municipalities should be characterised by least two of the following features: 4. the average size of farms equal to less than 7.5 hectares; 5. soils are hazarded by water erosion; 6. the participation of farms, which discontinued the agricultural production, is higher than 25% of all farms; 7. participation of permanent green areas is higher than 40% in the land use structure. The above rules of delimitation of the LFA areas and the system of subsidies, connected with these activities, is directed towards the support for farms located in such areas, where the agricultural production is difficult due to the less favoured conditions. Such activities counteract the marginalisation of the discussed areas and reduce the development disproportions. 4. THE ENVIRONMENTAL-AND-AGRICULTURAL PROGRAMME AS THE FORM OF PROTECTION OF LFA AREAS The objective of introduction of environmental-and-agricultural programmes, within the Rural Areas Development Programme, is to promote the agricultural production systems, implemented in agreement with the environmental requirements, mainly by counteractions against water and soil pollution and limitation of water erosion. For the less favoured agricultural areas, the environmental-

19

The act on the agricultural tax (Dz.U. z 1984 r. No. 52, item 268, with later amendments)

44

and-agricultural programme is particularly important in the field of implementation of the following packages: ecological agriculture, protection of soils and water, buffer zones, afforestation of lands. Ecological agriculture The terms ecological, organic or biological used with reference to the agriculture are equivalent terms, what was legally approved by the Resolution of the EEC Council 2092/91. They mean the system of farming, which activates the natural production mechanisms, by utilisation of natural, non-processed means, ensures the permanent soil fertility and salubrity of animals and the high biological quality of food. Utilisation of ecological farming also in the field of herb- and fruit- farming is the alternative for the conventional agriculture and it should be promoted and widely applied in the LFA areas. Protection of soils and waters Protection of soils is mainly connected with counteractions against water erosion (mainly in mountainous areas of diversified terrain relief) and wind erosion (in open lowlands). The best way to protect soils, including marginal soils, is to cover them with vegetation either cultivated plants or introduction of afforestation or bushes. Protection of soils is related to water management. The main source of pollution which penetrates to surface soils are rural areas, where chemical preparations are widely applied. This means, that the following activities should be considered as the water quality protecting activities, which are also related to faming: - prohibition of disposal of wastes produced in a farm, to a water stream, - establishment and maintenance of at least 5 meter of the protection area, covered with turf, and free of fertilising, - maintenance of the vegetation cover, - fencing pastures. The above activities are closely related to environmental protection actions and with the agricultural landscape management, performed by introduction of high vegetation. Buffer zones The buffer (protective) are elongated belts of vegetation, established in order to reduce water pollution or to counteract erosion and to increase the biodiversity of arable lands. The width of such zones was determined in environmental-and-agricultural packages 20 as 2 or 5 meters. The basic task of such belts is to isolate arable fields from edges of escarpments, a ditch or a water stream and they are highly effective form of water protection against pollution. The buffer zones should be also established inside arable fields as inter-field balks; their role relies upon reduction of erosion and diversification of the agricultural landscape. The length of a buffer zone should not be smaller that 50m and it should not cover with the boundary of fields not greater than 20 hectares. Land afforestation Afforeststaion of lands, performed within the Rural Areas Development Programme is also one of the factors of improvement of the natural environmental conditions and they aim at increasing the size of forests by afforestation of lands, used by farms. Implementation of this programme aims at changes of land utilisation of, first of all, poor soil classes, as well as lands, other than agricultural fields (forest management of unused arable lands or other fallow lands). In the Polish conditions it is a very important element, since the Polish agriculture excessively uses lands of low usefulness, which are sensitive to erosion and water pollution, for the agricultural production. In such conditions afforeststation of lands is highly recommended and consistent with the implementation of the sustainable development of rural areas. The objectives of afforestation include, among others:
The national Environmental-and-Agricultural Programme for the period 2007-2013 Action 4. Support for environmentaland-agricultural activity and improvements in well-being of animals.
20

45

 Increase of size of forests by afforestation, Maintenance and strengthening the ecological stability of forested areas by reduction of fragmentation of forest complexes and creation of ecological corridors, Increase of participation of forests in the global balance of coal and limitation of climate changes. Environmental-and-agricultural programmes also assume the possibility of afforestation of lands other than rural fields. It is a way to manage unused arable lands or other fallow areas, for which afforestation is the rational way of management (e.g. protection against erosion). The possibility to utilise the natural succession within such areas is assumed. In order to participate in the financial support by the farmers, the following requirements should be met: Afforestation of arable lands may be performed on arable lands, which are used as arable lands and orchards, located outside the NATURA 2000 areas, unless the planned afforestation remains in conflict with protection plans or plans of protection tasks for those areas, Afforeststaion of lands other than arable fields may be performed on fallow arable lands and on other fallow lands, which require protection against erosion, located outside the NATURA 2000 areas, Afforestation may be planned on areas assumed for afforestation in local spatial development plans or on the basis of records in the study of conditions and directions of the spatial development of a municipality, The minimum size of afforested areas equals to 0.5 ha, with the minimum width of the afforested parcel greater than 20 m, (providing that these requirements are not applied if the lands border with a forest and their size is equal to at least 0.1 ha). In the case of an application submitted by a group of farmers, the total area for afforestation must be equal to 2 hectares in one outline, The maximum area of lands to be afforested, applied in the period of the programme for 20072013, by one agricultural producer cannot be greater than 100 hectares. 5. SYNTHETIC EVALUATION OF PROPERTY MANAGEMENT IN LFA AREAS According to the legal bases included in the Resolution of the Council No 1257/1999, with reference to the rules of delimitation of less favoured agricultural areas and to the guidelines in the field of implementation of the idea of sustainable development of rural areas, the following list was prepared (table 1), which presents the relations between particular types of the LFA areas and methods of management of properties being the farms. The ways of implementation of proposed solutions, mainly in the process of spatial planning, as well as implementation of surveying works, appropriate for rural areas, and first of all land consolidation and land exchange and division of parcels, are also presented in this Table.

46

Table 1. Synthetic list of possibilities of farming in LFA areas in Poland with respect to sustainable development. The authors own work. Possibilit Name of Features of the Environ.-andPossibilities to Legal and ies of the LFA LFA area agricult. manage LFA technical sustaina area Programme areas procedures ble package develop ment YES/NO Resolutions of Ecological Location of arable Ecological spatial agriculture lands above the sea agriculture planning Afforestation of Terrain relief Protection of Land lands Climate (length of soils and water YES consolidation Delineation of the vegetation Afforestation of works parcels for agroperiod, falls, lands Division of tourist temperature) properties development Soil quality (parent (e.g. car parking rock) places, camping Size of arable parcels places) High-input Maintenance production and introduction of extensive green areas Resolutions of Ecological Ecological Soil quality spatial agriculture agriculture (complexes of planning Afforestation of Protection of agricultural Land lands soils and waters usefulness) YES consolidation Delineation of Buffer zones Climate (length of works Afforestation of parcels for agrothe vegetation Division of tourist lands period, falls, properties development temperature) (e.g. car parking Terrain relief places, camping (intensity of slope, areas) differences of Management of elevations, parent agricultural rock, terrain landscape by roughness) afforestation, Water relations (soil along water profile, complex of streams and the agricultural between fields, usefulness, terrain increase of the relief) terrain roughness Environmental protection by modernisation of farms Lowlands Mountainous areas

47

Lokation piedmont areas (terrain relief, heights differences) Small size and high distribution of farm Low effectiveness of the agricultural production of farms Areas of specific difficulties

Ecological agriculture Protection of soils and waters Buffer zones Afforestation of lands

Ecological agriculture Afforestation of lands Delineation of parcels for the agro-tourist development (e.g. car parking places, camping areas) Management of the agricultural landscape by introduction of afforestation, along water streams and between fields, increase of the terrain roughness Environmental protection by modernisation of farms Improvements of the spatial structure of farms

Resolutions of spatial planning Land consolidation and land exchange works Division of properties

YES

As it may be seen from the above table, only mountainous areas cause the difficulties in the full utilisation of the lands and solutions, which are ensured by the environmental-and-agricultural programmes. Remaining areas, allow to much larger extent for implementation of the sustainable development, ensured by these programmes. 6. FINAL REMARKS AND CONCLUSIONS The less favoured agricultural areas cover more than 50% of arable lands in Poland. Therefore, management of such areas is the economic and the environmental necessity. Such large areas cannot be left without political, decisive and financial support, which will ensure the possibilities to live and work for the owners of farms located in the discussed areas. The rules of delimitation of the LFA areas, developed on the basis of regulations obligatory in the EU and in Poland, create the possibility of alternative utilisation of these areas than the traditional agricultural production. Such possibilities, as, for example, ecological agriculture or afforestation of lands are reasonable, also from the point of view of the sustainable development of rural areas. However, in order to implement them, the cooperation in the field of spatial planning, with simultaneous implementation of surveying works, is required. Only such approach to this difficult issue will have the chances of successful implementation. Planning decisions made at the municipal level must be adopted in land consolidation and land exchange works at the level of register districts. Implementation of these works will allow for improvements in incorrect structure farms, which in Poland creates additional difficulty in the way of utilisation of lands within the less favoured agricultural areas.

48

7. REFERENCES 1. Program Rozwoju Obszarw Wiejskich na lata 2007 2013., The Rural Areas Development Programme 2. 3. 4. 5.
for the period 2007-2013, Dokument Ministerstwo Rolnictwa i Rozwoju Wsi Rozporzdzeniu Rady Wsplnot Europejskich nr 1257/1999 z 17 maja 1999 r. dotyczce obszarw o niekorzystnych warunkach gospodarowania, Resolution of the European Council No. 1257/1999 of May 17,1999 concerning the less favoured areas. Spjna polityka strukturalna rozwoju obszarw wiejskich i rolnictwa. The coherent structural policy of development of rural areas and the agriculture, Dokument przyjty przez Rade Ministrw w 1999 r. Warszawa Ustawa o podatku rolnym z 1984; The act on agricultural tax of 1984, (Dz. U. z 1984 r. Nr 52, poz. 268, z pn. zm.) Krajowy Program Rolnorodowiskowy na lata 2007 2013 dziaanie 4. Wspieranie przedsiwzi rolnorodowiskowych i poprawy dobrostanu zwierzt. The national Environmental-and-Agricultural Programme for the period 2007-2013 Action 4. Support for environmental-and-agricultural activity and improvements in well-being of animals.

49

M-ESTIMATION IN THE ALS CLOUD POINT FILTRATION USED FOR DTM CREATION
Waldemar Kamiski Institute of Geodesy University of Warmia and Mazury in Olsztyn Poland Abstract This paper presents the subject of the M-estimation usage in filtration of the cloud points gained from the Airborne Laser Scanning (ALS) measurements for Digital Terrain Model (DTM) creation. Mestimation is mostly identified as a robust estimation to eliminate the observations suspected of gross errors from the data sets. This idea can be used in the filtration of data gained from ALS. As it is commonly known, the filtration of ALS cloud points relies on the separation of the set of points which show the situational details from the points reflected from the Earth surface. The situational details can then be treated as contaminated observations and used in the ALS data filtration process. To achieve this goal, both the function of the weight coefficients belonging to the M-estimation proposed by the Huber as well as its modification were used. The new method enabling the DTM creation is presented as well. The proposed method is based on the rule of M(split) estimation. The presented examples of practical application encourage the conduct of further, more detailed theoretical and empirical research. Key words: airborne laser scanning, cloud points, filtration, digital terrain models 1. Introduction Airborne Laser Scanning is a modern measurement technology which enables acquisition of large sets of data, usually referred to as a point cloud. An ALS point cloud with the coordinates X, Y, Z requires pre-processing before being used, for example, in the development of a DTM. Among the processes that the pre-processing involves are filtration or segmentation (classification) of the measurement set. The literature of the subject provides a number of algorithms that have been proposed which enable filtration or segmentation of a point cloud. These include, for example, morphological filters [e.g.: Zhang et al., 2002, Vosselman, 2001], gradient methods [e.g.: Hyypp et al., 2002, Wack, Wimmer, 2002], modelling active surfaces [e.g.: Elmqvist, 2002], linear predication [e.g.: Pfeifer et al., 2001], interpolation by spline curves [e.g.: Brovelli et al., 2002], the active TIN model method (TIN = Triangular Irregular Network) [Axelsson, 2000]. The issue of filtration has also been dealt with by Kraus, Pfeifer, 2001, Marmol, Jachimski, 2004. This study provides a detailed analysis (in the context of point cloud filtration) of the methods comprising M estimation. M estimation is usually equated with estimation robust to gross errors which may occur in measurement results (deviating observations, contaminated observations). It is commonly known that robust methods of alignment involve elimination from a set of data of those results which are suspected of being contaminated with gross errors. The property can be used in the filtration process and those points which are images of situational details or points reflected from vegetation (high, medium height, low) and which are not part of the topographical area of the terrain can be regarded as deviating. On the other hand, the data after filtration can be regarded as points reflected from the terrain area and used in DTM development. The issues of the robust methods have been discussed in: [e.g.: Hampel 1973, Huber 1981, Kamiski, Winiewski, 1994, Kraus, Pfeifer 1998, Borkowski Jkw 2006, Jkw 2007,]. In recent years, a new method of working out measurement results, referred to as Msplit(q) estimation and belonging the M-estimation category (Winiewski 2009, 2010) has appeared in the literature.

50

This study shows the results of the filtration process with the use of Hubers weight coefficient function, which is one of M-estimations, as well as a modified form of the function. The results of filtration by the Msplit method have also been presented. ALS data filtration by Hubers method. As stated earlier, there have been many algorithms of ALS data filtration described in the literature. In general, filtration can be carried out based on the results of a direct measurement as well as based on observations transformed by interpolation methods. The filtration procedure in this study was carried out based on the measurement results. In order to apply M estimation to work out the results of measurement obtained by the ALS method, one needs to adopt the appropriate functional model. For example, it can be the following functional model: 2.

x + c x y + e x y 2 + v +b y i + d xi2 yi + f i zi = a i i i i i
n the number of cloud points The relationship (1) can also be expressed as

i=1,,n

(1)

+v z = AX
where: parameters,

(2)

, c , e = a , b , d , f = [v 1 , v 2 ,..., v n ]T - is a vector of corrections, X v

z = [z1 , z 2 ,..., z n ] - vector of altitude of points obtained by ALS,
T

- vector of estimated model

1 1 A= M 1

x1 y1 x1 y1
M M M

x12 y1
M

2 y2 x2 y 2 x2 y 2 x2

2 xn y n xn y n xn yn

2 x1 y1 x2 y 2 2 - matrix of known coefficients, M xn y 2 n

xi, yi coordinates of points obtained by ALS measurement.

can be calculated by employing the principles of robust The estimated parameters of a polynomial X estimation [e.g.: Hampel 1973, Huber 1981, Kamiski, Winiewski, 1994, Kraus, Pfeifer 1998, Borkowski Jkw 2006, Jkw 2007]. In robust estimation, the weights of observation, pi
i /m v (i=1,2,n), whose corrections v i ( v i := v ( P -1 A ( A T PA ) 1 A T ) i ,i ) do not i , where m v i =
belong to a previously specified admissible interval <-c; c> are modified by a certain dampening function. In working out ALS data, it is more justified to use the term buffer zone to refer to the interval <-c; c>. The buffer zone separates observations qualified as situational details from those qualified for DTM development. This paper presents the results obtained with Hubers weight coefficient function [Huber 1981], which has the following form:

1 w( v i ) = c v sgn(v i ) i
i=1,,n.

dla v i c dla v i > c

(3)

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The weight coefficient function modifies the weights of pi. The procedure results in equivalent weights pi determined from the following equation:

p i = p i w( v i )

(4)

By using the principle of robust estimation, estimated polynomial coefficients can be obtained by carrying out the following iterative procedure:

l = ( AT P l 1A) 1 AT P l 1z X

(5)

in which: P = Diag ( p1 , p2 ,..., pn ) - is an equivalent matrix of weights, l=1, 2,, - the number of iteration. The iterative procedure is completed when the assumed accuracy of the parameters is achieved. The starting point of the iterative process is usually the results obtained by the least squares method 0 =X NK . (LS) : X 3. Filtration of ALS data using modification of Hubers function. The principles of robust estimation, including the form of the weight coefficient, can lead to problems with achieving a satisfactory solution in filtration of ALS data. The problem applies to a symmetrical function of weight coefficients, determined by the relationship (3). The property important in the process of estimation has a negative effect on the process of data filtration. The idea is presented in Fig. 1. When the point cloud covers a large number of situational details, the symmetrical buffer zone can distort the regularities of the final solution and, consequently, the filtration process. The distortions concern the possibility of discarding deviating observations, which can include both points belonging to the terrain surface and to objects founded on it.

estimated surface

Fig. 1 (Blaszczak et al. 2010b)

Therefore, the algorithm presented above needs to be modified. The modification involved creation of a unilateral buffer zone. Carrying out the calculations according to formula (5), with a unilateral buffer zone, ultimately results in a sub-set of points intended for creation of the DTM, as well as a subset of the other points, qualified as terrain details, building structures or vegetation, etc. Such a method of calculations is illustrated in Fig 2.
discarded points

points qualified for subsequent iteration

Fig. 2 (Blaszczak et al. 2010b)

52

Msplit(q) estimation Mspit(q) estimation is based on the assumption (Winiewski 2009, 2010) that a set of observations li=l1,,ln, (i=1,,n; n number of observations) is an unrecognised mix of m random variables (m=1,,q) with expected values E{li }1 = a i X (1) , E{li }m = a i X (m) , E{li }( q ) = a i X (q) (ai known row of coefficients, Xm - vector of unknown parameters). Assuming that a cleavage potential, understood as a possibility of it belonging to one of m random variables, can be assigned to each observation, Winiewski introduced an optimisation criterion Msplit. Therefore, each observation li with a traditional functional model li = E{li } + vi = a i X + vi , has m competitive functional models

4.

li = E{li }( m ) + vi ( m ) = a i X ( m ) + vi ( m ) . As a consequence of such an approach, the traditional

functional model of observations li = a i X + vi , is cleft into q competitive models. The study Blaszczak et al. 2011 adopts q=2 as the aim of ALS data filtration. The assumption means division of a point cloud into two subsets: a subset of points representing landform and a subset of points representing situational details. The idea of Msplit(q) estimation (for q=2) is shown in Fig. 3c. The set of observations to be worked out is shown in Fig. 3a., while the results obtained with a traditional least squares method is shown in Fig. 3b.

Fig. 3. Idea of Msplit(q=2) estimation (Source: Winiewski 2009)

53

5.

Examples of practical applications 5.1 Hubers method Fig 4. presents a fragment of a point cloud obtained from ALS measurements. The scan was made during a helicopter flight with the speed of around 50 km/h at the height of around 70 m. The subset of LiDAR data used for digital tests contains 15,000 points.

Fig. 4 A point cloud from ALS measurement (Blaszczak et al. 2010a) The tested large dataset comes from the Visimind surveying system

The following functional model has been used for practical analyses

x + c +b yi + vi zi = a i

i=1,,n

(7)

The weight coefficient function, previously determined as (3), has been used in calculations. c=2.0 has been adopted for numerical calculations. Fig. 5 shows the results of filtration employing Hubers weight coefficient function. The points which have been deleted in filtration are marked in red.

Fig. 5 Filtration results (Blaszczak et al. 2010a)

An analysis of Fig. 5 reveals that not all the points which are situational details were deleted in the filtration process. This inconvenience can be eliminated by the modified Hubers method with a unilateral buffer zone. 5.2 Modified Hubers method Fig. 6 presents a different cloud, made available by VISIMIND and containing about 30,000 points.

54

Fig.6. A point cloud from the ALS measurement (Blaszczak et al. 2010b)

The point cloud shown in Fig. 6 has been filtered with unilateral Hubers function (with c=2.0). The results are presented in Fig. 7. The points which have been removed in the filtration process are marked in red.

Fig. 7. A cloud of ALS after filtration (Blaszczak et al. 2010b)

An analysis of data shown in Fig. 7 reveals higher effectiveness of the proposed algorithm in elimination of points which do not belong to a topographic surface. The red points, most of which represent terrain details, have been eliminated from further analysis. 5.3. Msplit(q) estimation Fig. 8 shows a set of points (Idaho Geospatial Data Clearinghouse, University of Idaho Library http://inside.uidaho.edu/geodata/LiDAR/) analysed by the Msplit method. The analysed set contained 7344 points.

55

Fig. 8. ALS data. (Blaszczak et al. 2010b) Source: (http://inside.uidaho.edu/geodata/LiDAR/)

Fig. 9. DTM Wireframe (m=1) (Blaszczak et al. 2012)

Filtration of a point cloud by the Msplit method can be interpreted in two ways. One of them is a qualitative method. The notation means that a DTM is created based on the values of

, c , b parameters (for a selected functional model) obtained by estimation. The other is a quantitative a

method. It involves preparing histograms of corrections and using it as a basis for division of the point cloud into two sub-sets. Fig. 9 shows the results of filtration by the Msplit method for a solution by the qualitative manner. One may remark that the approach results in a DTM determined by a strictly determined mathematical function (a plane in this case). 6. Summary In the nearest future, maps will be created by the ALS method. Currently, there is no properly developed method of filtration of point clouds. Each method of filtration has its advantages and disadvantages. The robust estimation presented in this study is one of the few possibilities of working out sets of data for DTM creation, which have been described in the introduction. Obviously, this paper does not discuss the issue in a comprehensive manner. It only touches on the possibility of using robust estimations in the process of filtration of a cloud of points obtained from ALS measurements.

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REFERENCES:
1. 2. 3. 4. 5. 6. Axelsson P., 2000: DEM generation from laser scanner data using adaptive TIN models. International Archives of Photogrammetry and Remote Sensing Vol. XXXIII/4B, Amsterdam. Baszczak Bk W., Janowski A., Kamiski W., Rapiski J., 2010a: Modification of Lidar Point Cloud Processing Methodology. Sydney The XXX FIG General Assembly and Working Week, Sydney 13.05 17.05 2010.CD. Baszczak-Bk W, Janowski A., Kamiski W., Rapiski J., 2010b: Proposition of modification of aerial laser survey point cloud processing methodology. Archives of Geomatics New technology and instruments in surveying. Str. 7-17, Gdask. Baszczak-Bk W, Janowski A., Kamiski W., Rapiski J., 2011: Mspilt(q) estimation in analyzing the results of observations obtained by airborne laser scanning technology. International Journal of Remote Sensing (in review). Borkowski A., Jkw G., 2006: Wykorzystanie wielomianowych powierzchni ruchomych w procesie filtracji danych pochodzcych z lotniczego skaningu laserowego. Archiwum Fotogrametrii, Kartografii i Teledetekcji Vol. 16. Str. 63 73, (in Polish). Brovelli M. A., Cannata M., Longoni U. M., 2002: Managing and processing LIDAR data within GRASS. Proceedings of the Open source GIS GRASS user conference, Trento.

7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.

Elmqvist M., 2002: Ground surface estimation from airborne laser scanner data using active shape models. ISPRS, Commission III, Symposium Photogrammetric Computer Vision, September 9-13, Graz, pp. 114-118. Hampel F. R. 1973: Robust estimation: A condensed partial survey. Z. Warsch. verw.Geb.27. Huber P. J. 1981. Robust Statistics. John Wiley and Sons. Hyypp J., Pyssalo U., Hyypp H., Samberg A., 2002: Elevation accuracy of laser scanning derived digital terrain and target models in forest environment. International Archives of Photogrammetry and Remote Sensing, Vol. XXXIV/ 3A, Graz. Jkw G. 2007: Moving polynomial in filtering of airborne laser scanning data. Report of the 2nd ISPRS WG VI/5 and SC 2nd Summer School, Ljubljana, Slovenia July 1-7th . Kamiski W., Winiewski Z., 1994: The method of growing rigor for the adjustment of geodetic observations contaminated by gross errors. Manuscripta Geodaetica, 19, pp. 55 61. Kraus K., Pfeifer N., 1998: Determination of terrain models in wooded areas with an airborne laser scanner ISPRS Journal of Photogrammetry and Remote Sensing, 53, 193-203. Kraus K., Pfeifer N., 2001: Advanced DTM Generation from LiDAR DATA. International Archives of Photogrammetry and Remote Sensing, Vol. XXXIV-3/ W4, Annapolis, MD, 22-24 Oct. Marmol U., Jachimski J., 2004: A FFT based method of filtering airborne laser scanner data. International Archives of Photogrammetry and Remote Sensing Vol. XXXIII/3, s. 1147-1152, Istanbul. Pfeifer N., Stadler P., Briese Ch., 2001: Derivation of digital terrain models in SCOP++ environment. Proceedings of OEEPE Workshop on Airborne Laser Scanning and Interferometric SAR for Digital Elevation Models, Stockholm. Vosselman G., 2001: Adjustment and filtering of raw laser altimetry data. OEEPE Workshop on Airborne Laserscanning and Interferometric SAR for Detailed Digital Elevation Models, Stockholm. Wack R., Wimmer A., 2002: Digital terrain models from airborne laser scanner data a grid based approach. International Archives of Photogrammetry and Remote Sensing, Vol. XXXIV / 3B, Graz. Winiewski Z. 2009. Estimation of parameters in a split functional model of geodetic observations ( Msplit estimation). Journal of Geodesy Vol. 83, pp. 105 120. Winiewski Z. 2010. Msplit(q) estimation: estimation of parameters in a multi- split-functional model of geodetic observations. Journal of Geodesy Vol. 84, No 6, pp. 355 372. Zhang K., Chen S., Whitmann D., Shyu M., Yan J., Zhang C., 2002: A progressive morphological filter for removing non-ground measurements from airborne LiDAR data. Journal of Latex Class Files. Vol. 1 (8).

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BOUNDARIES OF LAND PARCELS IN THE POLISH CADASTRE

Wojciech Wilkowski Department of Cadastre and Land Management Faculty of Geodesy and Cartography Warsaw University of Technology SUMMARY Cadastre is the basic, official, public register, which operates in all countries of the European Union. The information content, covering lands, buildings and premises is diversified, depending on the country. The basic spatial attributes in every of those cadastres are boundaries of cadastral parcels. In the cadastres of the EU countries, boundaries of cadastral parcels were delineated following various legal-and-technical procedures. The author presented legal-and-technical procedures, which were obligatory and which are obligatory in Poland in relation to delineation of boundaries of cadastral parcels. The author proved that boundaries of land parcels in the Polish cadastre, their legal conditions and forms of marking are not uniform. This resulted from historical conditions concerning the creation of cadastral parcels, basing on the ex-Austrian and ex-Prussian cadastres, as well as on rules concerning the creation of a uniform cadastre within the new borders of Poland, after the year 1945. The author pointed to the dynamic nature of changes of legal status of land parcels, which results from the current legal regulations; this has been expressed as the intentions to commonly determine cadastral boundaries, according to their legal status. 1. INTRODUCTION The following definition of the cadastre is included in the basic legal act, which is the Geodetic and Cartographic Law 21: The real estate cadastre a uniform for the entire country, systematically updated set of information concerning lands, buildings and premises, their owners and other individuals or legal entities, possessing the lands, buildings and premises. In the above definition, in the set of information concerning lands, the cadastral parcel is considered as the basic object; it is defined in the following way. The cadastral parcel 22 a continuous area, located within the boundaries of one district, uniform with respect to legal issues, delineated from surrounding areas by means of boundary lines. Boundary lines, which are used to delineate the cadastral parcel in the space, are the spatial objects, defined as broken lines, consisting of the finite number of sections (sides), the ends of which are the boundary points. Boundary points are defined as breaking points of the boundary line of the cadastral parcel, which are the mathematically defined positions of boundary marks. The boundary mark is defined as the mark made of stable material, placed at the boundary point. The boundary mark may be a permanent land management element, located at the boundary point. Fig. 1 presents sets of cadastral parcels, separated from the space by means of boundary lines. Those parcels are separate properties (for example the parcel 27) or they are the elements of a property (for example parcels 222, 224, 226, 227, 228).

The Act: The Geodetic and Cartographic Law (Off. J, 2010, No. 193 item 1287 unified text) Decree of the Ministry of Regional Development and Building Industry on the register of lands and buildings (Off.J. No. 38, 2001, item 454)
22

21

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Legenda legend, granica nieruchomoci property boundaries, dziaki ewidencyjne ... cadastral parcels included in a property Fig. 1. Sets of cadastral parcels separated from the space by means of boundary lines. Those parcels are separate properties (for example parcel 217) or they are the elements of a property (for example parcels 222, 224, 226, 227, 228).

In the reality, owners of the parcels (the properties) are often expecting that their boundaries are marked, in order to uniformly identify the property rights in the space. Such expectations accompany people since the moment when Homo Sapiens decided for the settled way of life. Then, the issue related to areas primarily occupied by particular tribes and then by individual members of those societies, was immediately experienced. The process of division of lands was started and Geodesy was born 23. John F. Brock from Australia the author of the paper titled Who Were the First Surveyors?, classified by the FIG as the best paper of March 2005, quotes the fragment of the instruction issued by the Egyptian Department of Surveys 1400 years before Christ, i.e. 3412 years ago: Do not remove boundary stones from fields and do not change the position of measuring tapes Amenhotpe, the son of Kanakht, Teaching, Section VI (about 1400 B.C.) *** When a suppliant arrives and states: our boundary marks have been removed, he/she must be allowed to have a look at information recorded and sealed by the responsible official, and, as the consequence, to recover what was taken away by the assembly, which removed the boundary marks (18th Dynasty, about 1400-1350 B.C.) Another discovery, pointing to the high importance of boundary marks in the Pharaohs state, was the Palermo stone. This boundary mark was made of the black basalt and its age is specified as 2350 B.C. (Fig.2).
23

Geodesy the work with the Greek origin: Ge- the Earth; daiomai-divide; Geodaisia Geodesy

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Fig. 2. The Palermo Stone is stored at the Archaeological Museum in Palermo, Sicily. The list of Egyptian sovereigns, since the pre-Dynasty period to the 5th Dynasty is engraved on the stone, using hieroglyphs.

Similar rules of marking boundary lines using boundary marks made of stone were obligatory in the ancient Chaladia; in the then existing Chaladian cadastre, which was the basis for the property right and the fiscal system. Boundary lines were marked by boundary marks, which were made of stone (Fig. 3).

Fig. 3 The Assyrian boundary stone (~2300 B.C.) on which property rights are the parcel size are engraved using cuneifom writing, together with incantations, which were to protect the property, boundaries and the owner.

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2. CADASTRE AND BOUNDARIES OF LAND PARCELS ON POLISH LANDS BEFORE THE REBIRTH OF THE REPUBLIC OF POLAND The cadastre has been established by two countries, on the part of the Polish lands: Austria (the southeastern part of Poland, the so-called, Galicia, was annexed by Austria as the result of partitioning of Poland) and Prussia, which annexed the northern and western parts of Poland. The area of Poland, in the borders after the year 1945, covered by the Austrian and Prussian cadastres, are presented in Fig.4.

Fig. 4. Coverage of the area of Poland with cadastral documentation of ex-Prussian and Austrian cadastres.

Granica pastwa- state frontiers, granica wojewdztwa voivodship boundaries, zasig katastru pruskiego extension of the Prussian annexation (approx. 40% of Poland), zasig katastru austriackiego extension of the Austrian cadastre (approx. 14% of Poland) Those cadastres considerably differed one from the other. The precursor of Austrian cadastre was the record of lands used by villeins, created in 1654, the so-called, first fiscal record (catastrum rollare) 24. The example of a fragment of the cadastral map of the ex-Galicia, of the 2nd half of the 19th century, at the scale of 1:2880, is presented in Fig. 5.

24

Fedorowski W.Ewidencja gruntw, The register of lands; PPWK 1974.

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Fig. 5 A fragment of the cadastral map, the Austrian cadastre, scale of the map 1: 2880

Boundaries of parcels, or the ground plots, i.e. the areas of the same land use forms by specified owners, were delineated by means of boundary points, which were not fixed by means of permanent boundary marks. The mathematical positions of boundary points was determined by means of x,y coordinates, calculated by means of the modern table survey method, with the use of a side rule with a telescope and a stadia range finder. The precursors of the Prussian cadastre, which was created on the Polish lands, were cadastres created in particular German States (Lands); the Napoleons cadastre, created in the first years of the 19th century (1807) also had the strong influence on the rules of creation and operation of the cadastre. The example of the cadastral map is presented in Fig. 6.

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Fig. 6. A fragment of the cadastral map with traverse points and boundary marks, the map scale 1:5000.

The characteristic features of the Prussian cadastre were marking of boundaries of parcels (ground plots) by means of permanent boundary marks and surveys of those boundaries performed by means of relations of survey lines based on the control network. Within the area of the territories annexed by Russia the cadastre was not established. The first geodetic operations aiming at separation of the peasant property, given by the ukase (in 1864) from adjoining properties were commenced in 1891, by creation of then existing maps at the scales of 1 : 4200 and 1 : 8400. Those boundaries were fixed by means of boundary mounds with timber piles; in some cases the boundaries were fixed by timber piles or stone marks only. A fragment of the map is presented in Fig.7. Boundaries between parcels of peasants were not marked by fixed boundary marks.

Fig. 7. A fragment of the map at the scale of 1 : 10 000 created in 1901 in the areas annexed by Russia.

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3. CADASTRE AND BOUNDARIES OF LAND PARCELS IN THE REBORN REPUBLIC OF POLAND In the period 1918-1939 works aiming at creation of a uniform cadastre for the entire area of the republic of Poland were continued. Changes of the Polish frontiers after the World War 2 (see Fig.4), the loss of timeliness of the Prussian and Austrian cadastres and missing cadastre for the remaining 46% of the territory caused the urgent demands for establishing the uniform cadastre for the entire country. Works concerning the uniform cadastre were commenced in 1956 but the related technical-andlegal regulations did not follow in some cases the current expectations concerning the property cadastre. Then, the main attention of works was paid to technical issues with much less attention paid to legal requirements. Determination of legal conditions of properties and cadastral parcels (with respect to subjects owners, and objects boundaries of spatial expansions of particular legal conditions) were performed on a limited scale. Boundaries of cadastral parcels were determined in various ways. In the process of delimitation of lands, according to regulations of the decree of September 13, 1946 on delimitation of properties, the following boundaries were established: Boundaries of particular parcels, regardless the possessor, being, at the same time, boundaries of register districts, Boundaries of state agricultural properties (state farms, PGR) and boundaries of the State Foprest Property the State Forests, as well as boundaries of other properties of the State Treasury, with the exception of the then existing State Land Funds. Simplified delimitation was allowed for properties of the State Treasury, basing on regulations of the decree of September 21, 1950 on delimitation of properties of the State Treasury or properties purchased for the needs of implementation of national economic plans. What refers to boundaries of parcels, which did not meet the above criteria, their boundaries were determined depending on location of those parcels (in rural or urban areas). Boundaries of parcels located in rural areas were determined basing on rules specified in the Decree of the Council of Ministers of June 4, 1956 on classification of lands. According to these regulations, the boundaries of parcels were determined at the presence of representatives of owners, or possessors of lands - three individuals elected at the meeting of owners or possessors, which was chaired by the representative of the local authority, without the obligation of presence on the land. Boundaries of parcels located in cities and settlements were determined with the participation of parties called to be present on the land, by the special notification, together with representatives nominated by the appropriate body if the local authority. Documentation related to determination of boundaries was the official record of the field determination of property rights. Determination of property rights was performed on the basis of documents presented by the parties and documentation possessed by appropriate official bodies. In the case when the mentioned documents were missing, the statement of a party, confirmed by representatives of a village, a settlement or a city, who participated in preparation of the official record on property rights and who were familiar with local conditions, was the basis for determination of the property rights. The described legal status of parcels in the cadastre established in Poland is not uniform; it is schematically presented in Fig.8

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Opis: Legenda legend; granice stanu prawnego legal status boundaries, granice stanu wadania boundaries of property rights, granica obrbu boundaries of a register district, granica PGR boundaries of a State Farm, granica nadlenictwa boundaries of a Forest District, granica dziaki boundaries of a cadastral parccel Fig.8. Boundaries of cadastral parcels, created on the basis of various decrees (1946, 1950), having various legal status.

The legal status of parcels in the Polish cadastre has been dynamically developed. The number of boundaries with settled legal regulations is increasing as the result of activities undertaken by the owners or the local administration bodies. In both cases the interested parties apply for: 1) Delimitation of properties, 2) Division of a parcel, 3) Land consolidation and exchange, 4) Land consolidation and division of properties, 5) Determination of a coast line in the case of cadastral parcels, which boundary line is the boundary with natural water streams. The lack of the obligation to mark the positions of boundary points with permanent marks made of stone or concrete is the disadvantage in the process of determination of boundaries of the legal status of cadastral parcels. The current regulations have assigned the decision in this field to owners of parcels, under the condition that the costs of introduction of permanent boundary marks instead of boundary points will be covered by the applicants.

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4. FINAL REMARKS 1. Boundaries of cadastral parcels are the key element of each system, which concerns the material rights. Those boundaries specify the physical extension of those rights in the field. Due to that reason, the high importance was assigned to boundaries, their location and markings, by ancient civilisations, strengthening the then existing systems of law by metaphysical factors, i.e. the religion. 2. In the Polish cadastre boundaries of parcels, their legal status and forms of marking are not uniform. This results from historical conditions, related to creation of the Polish cadastre on the basis of two cadastres, established in Poland, i.e. the Austrian and the Prussian cadastres. Those cadastres were different, mainly with respect to conditions of their creation. The roots of the Prussian cadastre origin from the cadastre which was determined by Napoleon (the, so-called, Napoleonic cadastre). Non-uniformity of boundaries in the Polish cadastre results from their diversification with respect to the legal status. In the Polish cadastre some boundaries have the status of boundaries of legal status, but other boundaries do not have such status. 3. The current needs related to property management, the increased sales of properties, require that the legal status is assigned to boundaries of cadastral parcels, which are created as the result of: a) b) c) d) 4. Division of properties, Land consolidation and exchange of lands in rural and forested areas, Land consolidation and division of properties in urban areas, Delimitation of properties.

The dynamic nature of changes of legal status of cadastral parcels results from initiatives of individuals, legal entities and bodies of the governmental and local administration.

The announced novelty of the Geodetic and Cartographic Law may promote the process of ordering the legal status of boundaries of cadastral parcels, similarly to activities which are performed in Austria, where the existing land cadastre is gradually transformed into the, so-called, boundary cadastre, which is only based on legal status of boundaries of parcels, with the obligation to mark boundary points with permanent (stone) boundary marks. 5. REFERENCES 1. Brock J.F.; Who Were the First Surveyors? Four Surveyors of the Gods: In the XVIII Dynasty of Egypt-New Kingdom c. 1400 B.C. 2. This paper has been prepared to the Workshop on History of Surveying to the held during the FIG Working Week/GSDI-8 Conference in Cairo, Egypt, April 16, 2005r. 3. Fedorowski W.; Ewidencja gruntw; Register of lands; PPWK, Warszawa 1974. 4. Rozporzdzenie Ministra Rozwoju Regionalnego i Budownictwa w sprawie ewidencji gruntw i budynkw; The decree of the Ministry of Regional Development and Building Industry; (Dz. U. Nr 38 z 2001 r. poz.454). 5. Ustawa Prawo geodezyjne i kartograficzne; The Law of Geodesy and Cartography; (DZ. U. z 2010 r. Nr 193, poz. 1287 tekst jednolity).

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GIS IN COMPULSORY PURCHASE PROCEDURES

Marek Walacik Department of Land Management and Regional Development University of Warmia and Mazury In Olsztyn e-mail: marek.walacik@uwm.edu.pl Abstract Compulsory purchase (in other countries also called eminent domain or expropriation) is one of the last resort methods of land acquisition used in many countries. Due to the fact that it infringes the property ownership right it is regulated both by international legal acts and legal acts in particular countries. As many scientific papers show different countries developed different rules of compulsory purchase. This study presents proposals for the use of GIS in compulsory purchase procedures. It shows both the original method of property valuation at the early stages of compulsory purchase procedures and the way it results can be presented with the GIS use. Key words: expropriation, GIS, compensation 1. Introduction Valuation of properties designated forpublic roads investments, due to the linearnature of the undertaking isa special kind ofvaluation. If often involvesa considerablenumberof neighboringpropertieswith similarphysical characteristics, usage and location. As specialists dealing with problems concerning property legal status regulation emphasize property valuation for that purpose should be made (Marzec, 2007): -for the whole routeby onevaluer, one teamorin closecooperation of allengaged inthe workexperts, -in the shortest possibletime, -in consideration of mutualdifferencesof individualproperties inrelationexpensive- cheaper-equal to one another, -onthe basis of acarefully constructed description of the property. The aboveconsiderationsledto the conclusionthat auseful toolduringthe development ofmethodology forthe initialvaluation of the property may be the procedureof statistical inference. (Marzec, 2007) 2. Methodology theoretical background Themultidimensional comparative analysis - method presented in the paper, was chosen on the basis of an extensive literature study in the field of statistical inference (Aczel, 2010), (Jozwiak and Podgorski, 2009), (Jajuga and Walesiak, 2009), (Mynarski, 2000), (Czaja and Ligas, 2010). The method was chosen because, which highlights a number of authors (Forys, 2009), (Jajuga, 1993), (Walesiak, 2002), it allows to analyzecomplex objects and phenomena which are affectedby many different characteristics and factors. Because the aim of the study was to develop a methodology of property valuation that could accelerate procedures for their legal status regulation, considerable efforts were made to create the algorithm that could meet the following criteria (Adamczewski, 2005): simplicity of the mathematical model, factual accuracy and relevance to actual conditions, ease of collection of empirical data (and low costs of collection) ease of perception of the algorithm by a citizen. In connection with a specific purpose of multivariate comparative analysis application - valuation of the compulsorily acquired properties, the use of the method came down to both determine and identificationof so called real representative estate (including determination of its value), and the determinationof the compulsorily acquired properties value on its basis. Representative property may be interpreted as a typical object, which can be selected (existing property) or set (model property) in an area, assuming similarities of price-setting. The method of

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selection / determination must be based on a set of N properties (properties similar to property acquired for public investments, which were sold) containing n real estate, N = {n1, n2, n3, ...,nn}, A set of attributes of m elements A = {a1, a2, a3, ...,am} and property prices c = {c1, c2, c3, ...,cn} as it will be used to determine the value of representative real estate. Selection / identification of representative properties therefore requires a certain arrangement of the comparative properties according to their attributes and prices. Multidimensional space of diagnostic variables (attributes of the property) is, however, difficult to interpret and organized, so it is necessary to bring it to a form which will enable the ordering original method. 3. Original method of initial (early stage) property valuation The solution to this problem would be to define a variable synthetic for the need of initial valuation methodology called the SYNTHETIC ATTRACTIVE METER OF ACQUIRED PROPERTY (SAMoAP). Synthetic variable SAMoAP idea is to replace the vector describing the features of a property by a scalar aggregate size, which is not only possible to compare and manage the property to each other but also allows reference to the size of the property value (the greater SAMoAPthe bigger value of the property). Determination of SAMoAP for each of the properties requires the prior determination of characters that have a significant impact on the value of the acquired property. Depending on market and availability of data the determination can be done with the use of the method of analysis and evaluation or statistical methods. Using statistical methods, however, one must remember that not all features are equally relevant to the subject matter of research and not all features should be included in the analysis. The selection of variables to a set of diagnostic features ought to be made according to the following criterion (Ostasiewicz, 1998): universality, variability, degree of correlation, validity. The implementation the determination phase of attributes that have a significant impact on the value of the property entails the presentation of their image in the form of a numerical goal for the formal grounds to perform arithmetic operations. Image can be obtained by applying the transformation Xj: N ->Rn which resulted in two-dimensional matrix of real estate described portion covered by the formula X = [xij]NXM in each of the lines X contains a numeric representation of real estate in the columns of Y and the numerical values of attributes. Although the intrinsic merit of the various aspects of the property plays a fundamental role in determining SAMoAP, the impact of each of them is not uniform. In order to determine the impact of the characteristics of the property value it is therefore necessary to introduce weighting factors, defined in an analytical way, or by the method of analysis of preferences. Therefore, the characteristics tend to have different titers and ranges, comparing them in this form is not possible. Opportunity shall be given after the - normalization, by which new projects are the characteristics of non-negative numbers and are located in a defined and well-known range of values (Sawiow, 2009). In order to meet the criterion of simplicity of the initial property valuation methodology one used the following normalization formula: where the normalized value of the features is the quotient of the value of this feature and its average value. The implementation of all stages of the procedure described above makes it possible to identify the comparative property SAMoAP. To do this it is necessary to determine the form of an aggregate

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formula. In the literature procedures for the appointment of synthetic indicators can be divided into two groups: pattern, non-pattern methods. The methodology presented in the initial valuation of the property proposed to use a non-pattern aggregate formula.

The main advantage of the formula was that it can be easily interpreted and prioritized.As a result of a comparative analysis of multidimensional the following vector is obtained q = [q1,q2,,qn], whose elements are realizations of synthetic features, allowing to determine the similarities in a set of similar real estate properties are used to designate a representative property (Pic. 1). Verification SAMoAP substantive value in the face of similar property prices should be the last of the stages of the procedure prior to the appointment of a representative property. Despite the fact that, theoretically speaking, higher values SMAPN should correspond to higher prices of comparative properties in practice must be reflected and may dictate the need for repeated analysis of the input data.
IDENTIFICATION OF CHARACTERISTI Statistical Methods Method of analysis and evaluation of the merits INTRODUCTION OF WEIGHTING FACTORS Analytical method Analysis of preferences NORMALIZATION OF CHARACTERISTI Quotient transformation IDENTIFICATION OF SAMoAP OF COMPARATIVE PROPERTIES DESIGNATION OF REPRESENTATIVE PROPERTY

Pic.1The procedure of the representative property determination Source: Authors own study

Successful completion of verification allows to determine the values and characteristics of representative real estate. The methodology presented in the initial property valuation, proposes designation it by average SAMoAP value determination of comparative properties and their prices. The proposed procedure for determining the representative properties of a as one of the twostep methodology to develop a preliminary valuation of the property was described below. Determination of the model representative property described by the SAMoAPand its value,is the first step in the initial valuation methodologyas a result of which a pattern used to determine the value of the acquired property is calculated. The next step is to determine the method for determining the value of the acquired property. The method of determining the value of the acquired real estate properties on the basis of representative property the was based on the assumption of proportionality of parameters describing the representative and valued property and their values of SAMoAP.

Where: SAMoAPRsynthetic attractiveness meter of representative property VR Value of the representative property SAMoAPA- synthetic attractiveness meter of acquired property VA-Value of the acquired property

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Determining the value of the acquired property is reduced to such a transformation of the above equality of quotients in which we get the search value:

Where: SAMoAPRsynthetic attractiveness meter of representative property VR Value of the representative property SAMoAPA- synthetic attractiveness meter of acquired property VA -Value of the acquired property The resulting value should correspond to the probable price of the property being acquired on the market. Determining the value of the acquired property SAMoAPas an essential element to determine its market value should be conducted in a manner analogous to the determination of the SAMoAPrepresentative property. Therefore it should be based on the same set of attributes that have a significant impact on the value of the property and should include the same values of individual weights normalized the same way. In the end should be calculated on the basis of the same aggregate formula. The above proposed preliminary property valuation methodology takes into account applicable laws and meets specific criteria before it is developing. It was assumed that it should be a tool to not only determine the value of real property acquired for the whole route in a relatively short period of time by one property expert (one team), but also take into account the mutual differences of individual properties. In order to verify the suitability of the methodology developed initial valuation was carried out its verification of the facilities selected.(Walacik, 2011) (Czaja, 2011) 4. Verification of the original method The object on which the verification of suitability of the developed preliminary property valuation methodology was conducted was the investments of public roads in the province of Warmia and Mazury - the construction of express road S-7, section Nidzica-Napierki. The investment made it necessary to regulate legal status of 385 parcels located within boundaries of four municipalities. Agricultural land constituted the dominant part of the structure occupied the land use for investment. The road also ran through a wooded area and a plot of land on which were located in residential buildings (4) and cottages (1). Verification of the developed methodology for the initial valuation was carried out based on the information contained in the register of real estate prices and values of one of the municipalities covered by the project - Nidzica municipality (urban-rural). Its scope was limited to the portion of the route located in four selvedges registration: Lithuanian, Olszewo, broadband, Zaluski and assumed the functions of the vast land in the entire investment - undeveloped properties used for agricultural purposes. Implementation of the route on this section was connected with the necessity to acquire 108 parcels, including 18 in full and 90 arising from the division.

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Pic.2A scatterplot ofthetimein real estate prices Source: Authors own study on the basis of RCIWN

Information on the acquired properties were obtained from the analysis of source materials provided by GDDKiA (Road Authorty) in Olsztyn, and field vision. Verification of the developed methodology required to develop appropriate information in the RCIWN therefore, in accordance with the appropriate procedure for a comparative approach described all of the agricultural real estate transaction prices recorded in the period 2008-2011 were brought to the valuation date using the ratio of changes in house prices (1.38 %) due to the passage of time. Coefficient determined using linear regression analysis (Pic. 2).

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Pic.3Picture of mapvalues(redmarkedtransactions) located in the Nidzica municipality Source: Authors own study on the basis of RCIWN

The reference point forunit values ofthe acquiredpropertyreceivedas a result ofthe initialvaluation of the propertywerethe propertyof individualunit valuesobtained bythe analysisperformedwith the help ofthegeostatistical-arcview-kreeginginterpolationmethod. Mapof the propertyforurban-ruralcommuneNidzica(excluding the area of the municipalityNidzicaand thesouthern part ofthe municipalityoccupied byforests)are shown inPic 3. Narrowing thearea of the mapvalues to theselvedgesregistrationverificationreceivedpictureofproperty valuesas shown inPic. 4

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Pic.4Picture of map ofthe value of landlocated in theselvedgesofthe verification. (blue color-dark tone-indicatedthe propertybeing acquired) Source: Authors own study on the basis of RCIWN

The calculatedvaluesof eachpropertyacquiredare shown inPic. 5

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Pic.5Chartacquiredthepropertyidentified on the basisof land valuemaps Source:Own calculations based onthemap values

The values ofthe acquiredpropertiesdeterminedwith the use ofthegeostatistical softwareprovided a benchmarkfor analysis of the resultsobtained with the use of initial valuati on methodology. Accordance to themethodologydescribedin the previous chapters of the paper the first step was to identifyaspects of the propertythat affect thevariationin their prices.The analysisdeterminedthe following set ofattributes describing thelocal market isundevelopedlandused for agriculture: X1- area -to3000m2(1), from 3001m2to6000m2(2), over 6000m2(3), X2 -Location - measured with the distance fromthe village: distance of over 3km (1), distancefrom 2km to3 km(2),a distanceless than2km (3) - x2, X3- Shape- regular(2), irregular (1) -x3. Fora particularfeaturesetsizeeffect on theprice differential-the weight (test method preferences of potentialbuyers): Area -20% -w1, Location -60% -w2, Shape -20% -w3. rating scalerangesand their characteristics.The information obtainedwas usedto describe thecomparativeproperties(Table 1).

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Table1 The characteristics of the comparable properties

PROPERTY

Properties atributes Unit proce [gr] x1 x2 x3 Y 1 3 1 1 153 2 3 1 2 124 3 3 2 2 252 4 3 1 2 198 5 3 3 2 228 6 3 1 2 156 7 3 1 2 129 8 3 2 2 227 9 3 2 2 194 10 2 3 2 202 11 2 3 2 256 12 2 2 2 206 13 2 2 2 212 14 2 2 2 204 15 2 2 2 228 16 2 1 2 184 17 2 1 2 129 18 2 1 2 194 19 2 3 2 261 20 1 2 2 208 21 1 2 1 199 22 1 1 2 111 23 1 2 1 165 24 1 3 2 246 25 1 1 2 100 26 1 2 1 179 AVERAGE 2,04 1,81 1,85 190,19
Source: Authors own study

The next stagewas thenormalizationprocedure of describedcharacteristicsset of similarpropertiesand the inclusion of weightsof each. Itgave theweighted values ofthe characteristics of Table 2. Thetable also showsSAMoAP valuescalculated for eachof thecomparativeproperties.

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Table 2.Normalized, weightedcharacteristicsand valuesSAMoAP

PROPERTY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Properties atributes SAMoAP x1 x2 x3 1,4717 0,5532 0,5417 0,8264 1,4717 0,5532 1,0833 0,9348 1,4717 1,1064 1,0833 1,2114 1,4717 0,5532 1,0833 0,9348 1,4717 1,6596 1,0833 1,4880 1,4717 0,5532 1,0833 0,9348 1,4717 0,5532 1,0833 0,9348 1,4717 1,1064 1,0833 1,2114 0,9811 1,1064 1,0833 1,0642 0,9811 1,6596 1,0833 1,3408 0,9811 1,6596 1,0833 1,3408 0,9811 1,1064 1,0833 1,0642 0,9811 1,1064 1,0833 1,0642 0,9811 1,1064 1,0833 1,0642 0,9811 1,1064 1,0833 1,0642 0,9811 0,5532 1,0833 0,7876 0,9811 0,5532 1,0833 0,7876 0,9811 0,5532 1,0833 0,7876 0,9811 1,6596 1,0833 1,3408 0,4906 1,1064 1,0833 0,9170 0,4906 1,1064 0,5417 0,8087 0,4906 0,5532 1,0833 0,6404 0,4906 1,1064 0,5417 0,8087 0,4906 1,6596 1,0833 1,1936 0,4906 0,5532 1,0833 0,6404 0,4906 1,1064 0,5417 0,8087

Source: Authors own study

Verification ofthe SAMoAPvalue ofthe comparative properties and their pricesconfirmed thecorrectnessofthe propertytaken. Propertycharacterizedby betterfeaturesachievehigher prices,and vice versa.Successful verification enabled determination of the representative property. Value of representative property: 1.77 PLN per m2 The value ofreal estaterepresentative SAMoAP: 0.9348 Clarifyand description of therepresentativeproperty bySAMoAP and its valuemade it possible tomove tothe next stage ofthe initialvaluation methodology- characteristicsof acquired properties.Taking into account the assessment criteria, theimportance of particularfeatures ofthe proposedalgorithms,normalizationandaggregationfor each ofthe acquiredpropertywas SAMoAP defined. The laststage of the procedurewasto establish thevalue ofacquiredproperty and show it in thepercentage comparison to the results obtainedfrom the map of values Pic. 6

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Pic.6The graphof the acquiredpropertyvaluessetbythe initialvaluationmethodologyandvalue of the propertydefinedon the basis ofmap of values. Source: Authors own calculations based on the map of values

The values ofthe acquiredpropertyresulting from the applicationof valuationmethodologydiffered fromthe initialvalue receivedfrom the application ofthegeostatisticalsoftware on average of 10%. The differencesin valuesresulted fromtakingaccount inthe initialvaluationthe attributes of particular properties.Propertywherethe difference wasthe greatest(69%) was the parcelof landlocatedwithin thebroadband, the registrationnumber65 andthe areabefore the transfer is0.7200haand0.5602haafter the transfer.The plot hadregular shapeand was located in the distance of about2.5 km.A significantdifference inthe value determinedby theinitialvaluationmethodologyresulted from the factthat the propertyat certainscales ofthe attributes - shapeand location,reached thehighest values.Propertywhere the differencewas smaller(0.1%) were the plot of landlocatedwithin thebroadbandSzerokopas. 5. Conclusions The GIS software and proposedmethodology ofthe initialvaluation of the propertyare toolswhich can accelerate public purpose investments. The initial valuation method was not onlywas basedon a simplemathematical modelbut also can beused byexpertsin thevaluation ofpropertiesdesignated for linearpublic investments. Verificationmethodologyhas confirmed thatthe value ofthe acquiredpropertiesare similar tothe probablepricepossibletoobtainin afree marketand thatcan be usedduring the preliminarypublic consultationcarried outduring theproceedingsschedulinga public investment.GIS software can easily be used in order to show the results of initial valuation.

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6. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

References Marzec Z., 2007,Warto nieruchomoci pod drog a "suszne" konstytucyjne odszkodowanie, XIX Sesja N-T pod hasem POLSKIE DROGI od pomysu do pozwolenia na budow, Nowy Scz. Aczel A., 2010,Statystyka w zarzdzaniu: peny wykad, Warszawa, PWN. Jwiak J. i Podgrski J., 2009,Statystyka od podstaw, Warszawa, PWE. Jajuga K. i Walesiak M., 2009,Klasyfikacja i analiza danych - teoria i zastosowania, Wrocaw, PWE. Mynarski S., 2000,Praktyczne metody analizy danych rynkowych i marketingowych, Krakw, Zakamycze. Czaja J. i Ligas, M., 2010,Zaawansowane metody analizy statystycznej rynku nieruchomoci, Olsztyn, TNN. Fory I., 2009,Wykorzystanie analizy wielowymiarowej do oceny potencjau rozwoju lokalnego rynku nieruchomoci mieszkaniowych. W S. . (red.), Studia i Materiay Towarzystwa Naukowego Nieruchomoci, Olsztyn, TNN. Jajuga K., 1993,Statystyczna analiza wielowymiarowa, Warszawa, PWN. Walesiak, M., 2002,Uoglniona miara odlegoci w statystycznej analizie wielowymiarowej, Wrocaw, Wydawnictwo AE we Wrocawiu. Adamczewski Z, 2005,Problemy identyfikacji obiektw i algorytmw powszechnej taksacji nieruchomoci w Polsce, Przegld Geodezyjny. Ostasiewicz W., 1998,Statystyczne metody analizy danych, Wrocaw, Akademia Ekonimiczna. Sawiow E., 2009, Zastosowanie metod wielowymiarowej analizy porwnawczej dla potrzeb ustalania wartoci katastralnej. Walacik M., 2011, Opracowanie zasad ustalania wysokoci susznego odszkodowania za nieruchomoci przejte na cele publiczne, Rozprawa doktorska, Olsztyn. Czaja J., 2011, Recenzja rozprawy doktorskiej pt. Opracowanie zasad ustalania wysokoci susznego odszkodowania za nieruchomoci przejte na cele publiczne mgr in. Marka Walacika.

78

THE VALUATION OF REAL ESTATES HAVING COMPLEX STRUCTURE

Piotr Parzych AGH University of Science and Technology Al. Mickiewicza 30, 30-059 Krakw Tel.: +48 12 617 22 78 Fax: + 48 12 617 45 88 e-mail: parzych@agh.edu.pl SUMMARY Nowadays, the sources of information on performed transactions include transaction prices for complexes of urbanized real estates. The urbanized real estates are the particular example of property, that are characterized by serious complexity of components. The following elements may be included in urbanized real estates: urbanized land, commercial premises, office buildings, welfare buildings, industrial buildings, storehouse buildings and objects of little infrastructure. The analogical problem appears during transaction price analysis concerning real estates, that consist of land with various destinations, housing buildings, garages that often cover typical housing areas. Such prices cannot be directly used neither for market analysis, nor for similar real estates market or fiscal value estimation. There is necessity for separating the whole transaction price into elementary ones for deliberated cases of such real estates. Solving this problem enable us to take into account in the real estates market analysis all the information included in documents on transactions. Moreover, it let us using this information for both market and fiscal values for similar real estates. The model of separating transaction prices into elementary prices of real estates components or elements of single transaction covering parts on different parameters having influence on price is described in this paper. INTRODUCTION Urban real estates are the particular components of ground property that means building elements. They are characterized by the ground components great complication. The description of urban real estates should include the following geometrical parameters: urban estates area, buildings of all types usable areas, rooms of industrial use and warehouses areas and capacities, umbrella roofs usable areas and other data. Apart from geometrical description, some characteristic parameters of urban estates that may have significant influence on their market value should be taken into consideration. They are localization, building vicinity, building technical state and urban estate way of exploitation. The most important attribute for sold urban estate is its transaction price. This price includes prices of all urban estates components. There is no possibility to define fragmentary prices for urban estates components during the transaction process and preparation of authenticated deed. It requires the prior defining of proportion coefficients between their market values. These coefficients may be calculated with advanced statistical analysis for urban estates market. The urban estates value estimated together with mortgage loan decision and possibility of its changes during mortgage paying off time is vital for mortgage loan securing. The changes of estates market value during mortgage loan paying off time may be caused by market factors or estates components technical and functional use. The market factors analysis and estates use analysis must be conducted separately for land and each building. To enable such analyses we should estimate unit prices for ground and other estates particular components (urban elements).

79

1. PARAMETRIC MODEL ESTIMATION If the number of transactions (transaction prices) is higher than the unit prices number for each building and other urban estates installations and their attributes accepted for market analysis and estates valuation, than unit prices and weight coefficients estimation will be based on Gauss-Markov parametric model. If we define the following symbols as

CTj

transaction price for whole j-estate,

Si the area of every i-element (parcel, parcel parts having defined soil classes, flat or building usable
areas or whole building),

ci i-element unit price, a1 , a2 ,......a j

k1 , k 2 ,........, k j

-attributes accepted for urban estates estimation values,

- the weight coefficients of attributes accepted for urban estates valuation, then the parametric model for unit prices and attributes will get the following formula

CTj = S1 c1 + S 2 c2 + ... + Si ci + a1 k1 + ... + as k s

(1)

The estimated parameters in this formula are the unit prices coefficients

(ci ) of estates element and

the weight coefficients s of elaborated attributes. The set of equations (1) written as the matrix, for similar estates transaction prices takes the following form:

(k )

CT 1 S11 C S T 2 = 21 M M C S j1 T j

S12 S22 M S j2

K S1i a11 K S2i a21 K M .. K S ji a j1

a12 a22 .. a j2

(2) where - indices 1i point out elements of similar estates elaborated group, - indices 1s point out similar estates elaborated attribute, - indices 1j point out the following number of similar estates sell transaction number. The set of equation above has solution in real numbers if the transaction number (j) is higher than number (i + s), that describes number of estates elaborated elements and attributes. After using block matrices notation, equation set (2) has the following form:

c1 c2 ... a1s . T 1 ... a2 s ci T 2 + .. .. k1 . ... a js Tj k2 .. k s

[ c ] {CT } = {[ S ] [ a ]} + { T } [ k ] ,

(3)

where:

{CT } - transaction prices vector, for whole estates, [ S ] - rectangular vertical matrix, containing areas of elements for elaborated estates, [ a ] - rectangular vertical matrix, containing attributes of elaborated urban estates, {c} -unit prices vector for elaborated estates corresponding elements,

80

[ k ] -weight coefficients vector for elaborated attributes, {T } - vector of random remainder (differences between transaction prices and model values).
The estimators of vector

k ] [c and vector
1

may be written as following block matrices:

S T S S T a [ S ]T ] [c = T T {CT } T k [ a ] a S a a

(4)

deviation

k ] [c and vector , the vector of random remainder After including the estimators of vector

{ } we can get from the following formula

T
T T

{ } = {C } {[ S ]
The remainder variance will have the formula of
T
2 0

] [c [ a ]}

( )

k .

(5)

derived from parametric with taking weight coefficients into account

2 0 =

j R {[ S ]

{} {}

[ a ]} .
1

(6)

The covariance matrix of estimated parameters may be written in formula (7)

(7) Making the analysis of variance for transaction prices vector for whole estates (3) we may find the covariance matrix of

S T S S T a ] [c 2 o Cov = T T k a S a a .

{} vector. It has the following form

2 0 { I } {[ S ] Cov =

{}

S T S S T a [ a ]} T T a S a a

{[ S ] [ a ]}

(8)

2. THE CALCULATION OF MARKET VALUE FOR URBAN ESTATES We can make the assessment of any estates market value from analyzed market using parameters estimated with formula (4). If we valuate the urbanized estate, which include parcel and buildings of known areas, these quantities may be written as the one row parameters matrix (9) The market attributes of valuated estate may be set together as the one row matrix, too

S = S1 S 2 ... Si .

[a ] = a1 a2 ... a j .

(10)

After taking into account estimated unit prices i and weight coefficients value of elaborated urban estate can be expressed by the formula below

(c )

(k j )

, the estimated market

] [c WR = S a [ ] k .

(11) 81

The variance of estimated (using formula (11)) market value for urbanized estate can be defined including covariance matrix (7) as follows

(12) The symmetric confidence interval for urban estates estimated market value will be calculated from its standard deviation ( (WR )) and the quantile of Students distribution (t (1 / 2); u )) , for confidence level and u degrees of freedom. It is presented in formula (13)

S T ] [c S a T (WR ) = [ ] S [ a ] Cov k T a [ ] .
2

t WR = WR (WR ) t (1 / 2; u ) .

(13)

3. CONDITIONAL MODEL PARAMETERS ESTIMATION The transaction number is often smaller than number of elaborated elements for estates being rarely subject of trade, so applying conditional model of unit prices for estates elements is necessary for the estimation process. To divide transaction price into separate estates parts prices on criteria of their destination in local spatial plan and type or function of buildings, it is necessary to set equations for each estates group. Generally, the equation has the following formula

%1 + 1 ) + S2 (c %2 + 2 ) + ... + Si (c %i + i ) = CT S1 (c
These symbols are explained below:

(14)

CT the transaction price of elaborated estate, Si the area of every i-element (parcel, parcel parts having defined soil classes, flat or building usable
areas or whole building),

i i-element approximated unit price random remainder.

If we multiply and group the similar objects in formula (14), we will receive the conditional model for estates unit prices as follows

%i c i-element approximated unit price,

%1 S2 c %2 + ... Si c %i S1 1 + S2 2 + ... + Si i = CT S1 c .

(15)

T M and model price This equation constant term is the difference between transaction price of deliberated real estate. The model estates price is calculated from areas multiplication products and approximated unit prices particular estate values. So the formula has the following form

(C )

(C )

%1 + S2 c %2 + ... + Si c %i CM = S1 c . %) (c

(16)

The estates prices conditional model application is going to give proper results only if the appropriate estates components prices approximations i have been calculated earlier. The estates components prices vary for different real estates markets. Coefficients of mutual proportion for estate elements unit prices can make the reference level for differing estates markets. The proportion coefficients of estates elements unit prices structure can be delivered from replacement value analysis. In order to achieve it, the average replacement values for unit of estates element and then coefficients of mutual proportion should be elaborated. All this ought to be done not only for each building type, but land as well. The coefficients

u i = u( i ) of element prices shares in the whole estate

82

price should be delivered earlier. When elaborating these values some specifics of local markets should be taken into account. The approximated values following procedure: -

%i ) (c of urban estates elements unit prices can be elaborated using the

the value of coefficient i should be found for each element of elaborated estate (land and other elements) and the replacement value should be taken into account, the multiplication results of area element of elaborated estate, the sum of multiplication results

(u )

( Si ) and coefficient (ui ) should be calculated for each

( Si ui ) should be calculated for every elaborated estate,

j the coefficient of prices range should be calculated for every elaborated estate. It is the result from dividing the transaction price by the sum of multiplication results. The formula stands as follows

(U )

Uj =

S
i

CT j
ji

u ji

(17)

the range of variation coefficients

(U j )

should not exceed 20 % of its average value. If this

condition is not satisfied, the values of coefficients the exceptional estates values should be omitted, j the delivered minimal value of coefficient model prices range for elaborated estates group,

(ui ) should be corrected in their ranges or

will make the coefficient of

(U ) (U min = U M )

the approximated values

%i ) (c unit prices of estates elements makes the multiplication results of (u ) (U M ) of model prices range coefficients i elaborated for estates elements and coefficient %i = ui U M c .
(18)

Applying calculated values (18) we may find model constant term (15), for which we obtain the following formula

%1 S2 c %2 + ... Si c %i = CT CM CT = CT S1 c .

(19)

When taking (19) into account, the conditional model of elements unit prices for elaborated estates having known transaction price will stands as follows

S1 1 + S2 2 + ... + Si i = CT .

(20)

The set of equations (20), formulated as a matrix for several transaction prices will have the formula

S11 S 21 M S j1

S12 K S1i 1 CT 1 S22 K S2i 2 = CT 2 M K M . . S j 2 K S ji i CTj

(21)

83

where - indices 1i point out elements of similar estates elaborated group, - indices 1j point out the following number of similar estates sell transaction number. The conditional model that is shown as a set of equation (21), have the solution when the transaction number (j) is smaller than number of elaborated elements (i). The random remainders i of approximated values i for estates unit prices are the estimated values of this model. The set of equations (21) have the following form in the matrix notation

( )

%) (c

{SW } { } = {C} ,
where

(22)

{SW } orthogonal horizontal matrix that consists of elaborated estates area, { } random remainders of approximated values for estates elements unit prices, {C} matrix made of results of subtraction between transaction and approximated model prices for
E {SW } { } = {0} E [ ] = 0

the whole estates. The set of equations meets assumptions of Gauss-Markov model, so . (23)

The estimators of random remainder deviation vector

2 0

{} and vector {c } of estates elements unit } ) { ( prices and remainder variance estimator , the covariance matrix of vector and the covariance
i

matrix of vector

i } {c

, may be calculated from the following formulas:

{} = {S } ({S
T W

} {SW }

{ C }

i = c %i + i c

2 0

(24) (25)

} {} { =
T

T 2 0 Cov = {SW }

{}

({ S

W T

}{SW }

(26)
1

{SW }

2 } = 0 Cov {c { I } {SW }

({S

}{SW }

(27)

{SW }

(28)

The estimated unit prices of estates elements meet the assumptions of conditional models for the transaction prices of whole deliberated estates. The proposed method can be used for agricultural, forest or real estates of any kind. The ratio of land value to building or other objects value does not matter.

84

4. RECAPITULATION Parametric and conditional models presented in the paper are applied for real estates transaction prices into unit prices separation. Unit prices correspond to real estates elements or elements delivered from transaction of real estate containing parts having different price creating parameters. Such separation enables full application of information included in documents with transaction data in real estate market analysis. Moreover, it enables using this information for similar real estates market of fiscal value estimation.

REFERENCES
1. 2. 3. Czaja J., Parzych P., Szacowanie rynkowej wartoci nieruchomoci w aspekcie midzynarodowych standardw wyceny, Stowarzyszenie Naukowe im St. Staszica, Krakw, 2007, (published in Polish) Czaja J., Parzych P., Analiza stanu rynku nieruchomoci w czasie, Finansowanie Nieruchomoci nr 2 (11), Warszawa, 2007, (published in Polish) Parzych P., Modele estymacji wartoci rynkowej lub katastralnej nieruchomoci zurbanizowanych, rolnych i lenych, AGH Rozprawy monografie nr 195, Krakw 2009, (published in Polish)

85

PRELIMINARY WORKS ON LEADING POLISH CADASTRAL MODEL INTO CONFORMANCE WITH LADM
Jarosaw Bydosz AGH University of Science and Technology Al. Mickiewicza 30, 30-059 Krakw Tel.: +48 12 617 22 67 Fax.: + 48 12 617 45 88 e-mail: bydlosz@agh.edu.pl 1. INTRODUCTION The ISO 19152 Land Administration Domain Model has been developed by Technical Committee 211 (Geographic Information) of International Organization for Standardization. At the same time, although independently the new model of Polish cadastral system is being prepared. According to the INSPIRE directive (article 7) the international standards that are in favour for harmonisation of spatial data sets shall be taken into account in the development of implementing rules, so the purpose of this paper is to evaluate the compliance of Polish cadastral model with Land Administration Domain Model as a future standard. That includes preliminary conformance tests. 2. LAND ADMINISTRATION DOMAIN MODEL Works concerning ISO 19152 Land Administration Domain Model (LADM) are conducted since FIG congress, that took place in Washington in 2001. In the beginning, the LADM was called the Core Cadastral Domain Model. In 2008 FIG proposed Land Administration Domain Model in the Technical Committee 211 of International Organization for Standardization (ISO). Land Administration Domain Model received status of Draft International Standard in December 2009. The works on LADM has been conducted and it has the status of Final Draft International Standard registered for formal approval, now. The final version of LADM is expected later on this year and the publication of Land Administration domain Model as ISO 19152 standard will probably take place in 2013. The Land Administration domain Model is also proceeded in European Committee for Standardization (CEN). The Land Administration Domain Model is a descriptive standard. It provides the reference model that is supposed to serve two purposes (LADM, 2012). One is providing the extensive basis for development and refinement for efficient and effective land administration systems, based on Model Driven Architecture. The other is to enable involved parties, both within one country and between different countries to communicate. The Land Administration domain Model purpose is to: define a reference model, covering basic information related to components of Land Administration (including those over water and land and above and below earth surface), provide terminology for Land Administration, based on various national and international systems, that is simple, useful in practice and enables description of both different formal and informal practices and procedures in various jurisdictions, provide the basis for national and regional profiles, enable the combination of land administration information from different sources in a coherent manner. The Land Administration Domain Model is a conceptual schema, written with Unified Modelling Language (UML) notation. It is performed according to ISO 1900 series standards methodology. The Land Administration Domain Model is based on four basic classes (fig. 1).

86

Fig. 1. Basic classes of the LADM (source: (LADM, 2012)). They are as follows: Class LA_Party, where instances of this class are parties Class LA_RRR. Instances of LA_RRR subclasses are rights, restrictions and responsibilities. Class LA_BAUnit, where instances are basic administrative units. Class LA_SpatialUnit having spatial units as instances. Totally, the Land Administration Domain Model consists of 48 classes. The classes of Land Administration Model begin with letters LA. These classes are organized in three packages and one subpackage (fig. 2). They are: Party Package, Administrative Package, Spatial Unit Package, Surveying and Spatial Representation Subpackage. The Party Package comprises classes applying to parties, its types and its role in land administration system functioning and its updating. The Administrative Package includes classes concerning real estates and corresponding rights, restrictions and responsibilities. The Spatial Unit Package consists of classes concerning spatial elements such as land parcel, building, utilities networks and attributes describing them (area, volume, geometry and so like). Surveying and Spatial Representation Subpackage is the Subpackage of Spatial Unit Package. It includes classes concerning elements like boundary points, boundary, transformation and information sources.

87

Fig. 2. The LADM overview of (sub)packages, with their respective classes (source: (LADM, 2012)).

88

3. THE MODEL OF POLISH CADASTRAL SYSTEM The Polish cadastral system is defined by the Order of Ministry of Regional Development and Buildings in case of Cadastre for Grounds and Buildings (Order, 2001). The new order (Order, 2012) that is in the final draft version defines the model of Polish cadastral system. The Unified Modelling Language is used for describing schemas and Geographic Modelling Language as basic data exchange format. The Polish cadastral model contains 59 classes. The classes of Polish cadastral model begin with letters EGB. Relations between classes are presented on twenty one diagrams. For organizational purposes these classes are grouped in 7 thematic packages. The names of packages are as follows: Objects, Parties, Rights To Properties, Address, Boundary Point, Lease and Legal Basis. The application schema of Polish cadastral database is presented on figure 3.

Fig. 3. The application schema of Polish cadastral database (source: (Bydosz J., Gd K. (2011)- updated after publication) 4. INSPIRE DIRECTIVE The European Union countries are obliged to implement the Directive establishing an Infrastructure for Spatial Information in the European Community (INSPIRE, 2007). Chapter III of the directive concerns interoperability of spatial data sets and services. According to the article 7 of the Directive, implementing rules laying down technical arrangements for the interoperability and, where practicable, harmonization of spatial data sets and services, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted. The international standards that are in favour for the harmonisation of spatial data sets shall be taken into account in the development of implementing rules. Moreover, where organizations established under international law have adopted relevant standards to ensure interoperability or harmonization of spatial data sets and services, these standards shall be integrated, and the existing technical means shall be referred to, if appropriate, in the implementing rules mentioned in this paragraph.

89

5. PRELIMINARY CONFORMANCE TEST Although both the ISO 19152 Land Administration Domain Model and Polish cadastral model are in their final draft versions, the author decided to perform some preliminary conformance test. Any land administration domain model claiming conformance to future ISO 19152 should satisfy the requirements given in Annex A, that is the Abstract Test Suite (LADM, 2012). The conformance tests should give an answer if the Polish cadastral model is conformant with the LADM in terms of package and level. Such tests can answer the question if specific data sets of Polish cadastral model are conformant with corresponding LADM packages. Each test may take the following values: conformant, not conformant or not evaluated. Three conformance test are specified in LADM for every package. The packages may be level 1 (low level), level 2 (medium level) and level 3 (high level) compliant. The test method in (LADM, 2012) is performed to examine the application schema of the implementation under test (in this case Polish cadastral model), including class, attribute(s), and associations definitions. This can be done either by showing inheritance structure between the LADM and the tested model (elements) or showing mapping of elements between the LADM and the tested model. The author decided to choose the latter. The attempt was made to perform level 1 test of Polish cadastral model against Land Administration Domain Model. The results are presented below. The Polish cadastral model have different packages then the Land Administration Domain Model. In the beginning, the general testing according to LADM were performed by the author. According to (LADM, 2012) the LADM package is level 1 compliant if: Party package. If LA_BAUnit is implemented, the implementation package under test contains at least one class conformant with the definition of LA_BAUnit and which has all mandatory attributes and association roles of LA_BAUnit. Administrative package. First, the implementation package under test contains at least one class conformant with the definition of VersionedObject and which has all mandatory attributes and association roles of VersionedObject. Second, if LA_Party is implemented, then the implementation package under test contains at least one class conformant with the definition of LA_Party and has all mandatory attributes and association roles of LA_Party. Spatial Unit package. If LA_Right is implemented, then the implementation package under test contains at least one class conformant with the definition of one of the specializations of class LA_Right and has all mandatory attributes and association roles of LA_Right. LA_SpatialUnit - if LA_SpatialUnit is implemented, then the implementation package under test contains at least one class conformant with the definition of LA_SpatialUnit and has all mandatory attributes and association roles of LA_SpatialUnit. Testing the LA_BAUnit conformance The class EGB_JednostkiRejestrowe was chosen for conformance test with LA_BAUnit class. The results of test were presented in the table 1. LA_BAUnit Name (The name of the basic administrative unit) Type (The type of the basic administrative unit) uiD (The identifier of the basic administrative unit) LA_Party LA_SpatialUnit LA_RRR (at least one of them) Attributes Nazwa FeatureType idJednostkiRejestrowej Associations For example EGB_JednostkaRejestrowaGruntow Not directly to EGB_Dzialka Not directly to EGB_PrzedmiotDzierzawy EGB_JednostkiRejestrowe

Table 1. The results of conformance test of class LA_BAUnit against EGB_JednostkiRejestrowe.

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A we can see the EGB_JednostkiRejestrowe has all mandatory attributes of class LA_BAUnit. It also has all mandatory associations, although not explicitly, which is allowed in the test. The EGB_JednostkaRejestrowaGruntow class of Polish cadastral model is a corresponding class to LA_Party (a party may be a basic administrative unit). There is also association of class LA_RRR to EGB_Dzierzawa, that is type of a right. This association is not explicit. It goes through classes EGB_JednostkaRejestrowaGruntow, EGB_Dzialka, EGB_PrzedmiotDzierzawy and then to EGB_Dzierzawa. Checking the implementation of VersionedObject in Polish cadastal model The Polish cadastral model does not have the class like VersionedObject. The versioning is realized by attributes startObiekt, koniecObiekt, startwersjaObiekt, koniecwersjaObiekt there. So, there is not possible to perform that test. Testing the LA_Party conformance There are some other classes of Party package implemented in the Polish cadastral model, but the class LA_Party is not directly implemented. So, there is not possible to perform that test. Testing the LA_Right conformance The Polish cadastral model does not have the class corresponding to class LA_Right, for the limited number of rights is the part of Polish cadastre. Mostly, rights are subject of Land Register in Poland (Bydosz, 2012). So, there is not possible to perform that test. Testing the LA_SpatialUnit conformance The class EGB_DzialkaEwidencyjna was chosen for conformance test with LA_SpatialUnit class. The results of test were presented in the table 2. LA_SpatialUnit EGB_DzialkaEwidencyjna Attributes area ( The area of the 2D spatial unit) powierzchniaEwidencyjna dimension (The dimension of the spatial No such an attribute, but default is two, as polish unit) cadastral system is 2D system. extAddressID (The link to external identyfikatorRejonuStatystycznego address(es) of the spatial unit) label (Short textual description of the dodatkoweInformacje spatial unit) referencePoint: The coordinates of a point geometria (optionally reference point (centroid)) inside the spatial unit suID (The spatial unit identifier) idDzialki surfaceRelation (Indicates whether a spatial Not applicable as Polish cadastre is 2D system unit is above or below the surface) volume (The volume of the 3D spatial unit) Not applicable as Polish cadastre is 2D system Associations LA_SpatialSource No such an association, but there is an attribute geometria that feels some the requirements of LA_SpatialSource
Table 2. The results of conformance test of class LA_SpatialUnit against EGB_DzialkaEwidencyjna.

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6. RECAPITULATION Both the Polish model and Land Administration Domain Model are not binding regulations yet so we cannot be sure if all classes will be a hundred percent the same like in draft versions of Polish cadastral model and Land Administration Domain Model. The LADM covers the whole land administration system, while there are two systems in Poland (the Cadastre for Grounds and Buildings and the Land Register). The great part of LADM, especially rights, restrictions and responsibilities are included in the Land Register and are not or are slightly represented in Cadastre. There is twenty diagrams describing the Polish cadastral model. It results in some technical difficulties during conformance tests. All this factors cause that the result of this test is not one hundred percent sure. But the general idea to perform this was based on two purposes. First, it was to make general assessment of Polish cadastral model conformance with LADM. The second purpose is to go through the procedure of conformance test. It can be helpful if we decide to perform the conformance test of Polish cadastral model (that already will be in power) against the Land Administration Domain Model as a full ISO 19152 standard.

REFERENCES
1. 2. 3. 4. 5. 6. 7. Bydosz J. (2012): The Conditions of Land Administration Domain Model Implementation in Poland. Annals of Geomatics. t. 10. z. (52). Warsaw. 2012. (published in Polish). Bydosz J., Gd K. (2011): Polish cadastral system in comparison to Land Administration Domain Model. Permanent Committee on Cadastre in the European Union plenary meeting. 2122 November 2011. Warsaw. Poland. http://www.eurocadastre.org/pdf/warsaw_november2011/presentations/22_11_2011_PCC%20k%20Gozd z_session1.pdf (19th June 2012) European Parliament and Council (2007): 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). Geographic information Land Administration Domain Model (LADM) ISO/DIS 19152, Draft International Standard, International Organization for Standardization, 2012, accessed at http://wiki.tudelft.nl/bin/view/Research/ISO19152/IsoDocuments (19th June 2012) The Order of Ministry of Administration and Digitization changing from ..... changing the order on grounds and buildings (draft version- 2012), published in Polish The Order of Ministry of Regional Development and Buildings in case of Cadastre for Grounds and Buildings (2001), published in Polish

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THE METHODOLOGICAL APPROACH TO DETERMINE THE CADASTRAL SYSTEM BENCHMARKS

Agnieszka Dawidowicz, Ryszard rbek Department of Real Estate Resources University of Warmia and Mazury in Olsztyn, Poland e-mail: agnieszka.dawidowicz@uwm.edu.pl, rzrobek@uwm.edu.pl Abstract In the era of information society for the last several years has been observed an increase in the need for access to comprehensive spatial information, including cadastral information, and this fast creates the need for continuous modernization of cadastral systems. System standardization is forced by concluding international agreements on building a common global infrastructure for spatial information. This phenomenon caused a rise in the international forum for new development concepts related issues such as: Land Administration System - LAS, Cadastre 2014, CCDM/LADM, Cadastre 2012, Cadastre 2034, CadastreInspired, Cadastre 2.0. These concepts offer new functional solutions for real estate information systems. Authors of this paper suggest application of particular methodology to determine the cadastral system benchmarks, inter alia, by analysis of the dynamics of important conceptual solutions in this area, together with an indication of the evolution direction. The benchmarks obtained are presented with a proposal for their grouping. The results can be used inter alia in the process of determining the cadastral systems modernization direction, allow a diagnosis of the various cadastral systems and comparison the results. Key words: cadastral system, the system benchmarks, standardization, land administration 1. Introduction Cadastral system is considered as a foundation of state functioning and has a great value and usefulness in the process of real estate management. This was confirmed in many studies such as: FIG [1995, 1999], HENSSEN [1995], GADZICKI [1995], LARSSON [1996], BENNETT i in. [2007, 2010], ENEMARK [2004, 2005, 2010a, 2010b], WILLIAMSON I IN. [2010]. Cadastre should respond to every demand of society and fit in with realization the assumptions of sustainable land administration. The idea of land sustainable development requires that kind of real estate management that ensure social justice, economic growth and environmental protection, however, it couldnt be met without the assurance of free access to the cadastral system, which should be developed according to the needs of society. The degree of cadastre modernity influence in direct proportion to increase the rationality of the property market and improve the efficiency of land administrative support [RBEK, DAWIDOWICZ 2011]. The role of the cadastre changes over time because new needs arise in order to effectively solve the local and regional problems of land management, including the rational real estate management also at the national level. Cadastral systems play a key role in the regulation of real estate resources management policy in therefore, they are more and more frequently called Land Administration Systems. The trends of globalization provide evolutionary direction modernization of cadastral systems to constitute the core of Land Administration Systems. Model of LAS with three key cadastral attributes is shown on a diagram (Fig. 1).

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Fig. 1. Cadastral systems facilitate three key attributes of Land Administration. Source: ENEMARK S., WILLIAMSON I., WALLACE J., 2005

There is observed that individual countries like for example Germany [KNOOP 2002], Norway [ONSRUD 2003], Spain [VELASCo 2009] modernize their systems in their own way in a direction that seems to be important and then describe their achievements in international forums. These are also developed countries, whose experiences can help to determine one way forming a modern, global systems. For this reason a project Cadastral Template was initiated (Fig. 2).

Fig. 2. A worldwide comparison the information about cadastral systems. Source: [http://www.cadastraltemplate.org]

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The international sustainable land administration fits in the trend of globalization. Therefore cadastral systems should be modernized towards creating a uniform, global infrastructure for spatial information. This will guarantee their usefulness at the global level. The main determinants of land administration model are presented in the diagram below (Fig. 3). Therefore, it seems to be important to establish the global benchmarks, in the direction which should evolve every cadastral system. Identification of these benchmarks should result from the application of logic research methodology, which will be used to update these benchmarks in future. The applied methodology includes an analysis of substantively important, development concepts in the field of cadastre. On this basis the direction of the cadastral system development has been defined in response to emerging needs and selecting the parameters characterizing the desired model of cadastral system at the global level.

Fig. 3. Main determinants of land administration model. Source: Own study based on ENEMARK S., WILLIAMSON I., WALLACE J., 2005.

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2. Research methodology The determination of global cadastral system benchmarks was preceded by research tasks shown in the diagram (Fig. 4), that were logically related.

Fig. 4. The block diagram of research organization. Source: own study.

As a benchmark of cadastral system should be understood its model characteristic, determinant by which is defined a model rule of functioning the cadastre. The Polish language dictionary also gives the following definition [www.sjp.pl/wyznacznik], that it is an attribute (feature), which specifies, points to something, in this case is a model feature of the system. In the research procedures qualitative methods were used, especially methods of analysis and logical structure, including identification. There was also used a method of comparative analysis. The method of analysis and logical construction (synthesis) is a method of "thought experiment" [APANOWICZ, 2003]. With output and limiting conditions, and knowing the purpose of the research, one can analyze the dependencies and the relationships between the output within the limits specified boundary conditions and construct a logical sequence to solve a given problem. The comparative analysis is a method in which the defined complex objects, differing from the others are analyzed. On this basis one can identify the types of elements forming a wholeness in terms of parameters, which enables the evaluation of each attribute relative to trend. On the basis of the research methodology shown in the diagram above, authors analyzed first the cadastral issues and related initiatives taken at international and Polish forum. It is essential that the core indicators of global cadastre were those corresponding to a common, global demand, and the branches supplemented the model with the properties of local needs. The analysis led to the determinants identification of the cadastral systems development, namely the isolation of the key actors (organizations), the key technologies, the trend of civilization and the key initiatives. Identification of the most important determinants, solutions and visions of cadastral models were conducted similarly on the two forums (Polish and foreign). Following the second phase of the research were selected for further analysis the key concepts and guidelines for the development of cadastral system such as: Cadastre 2014 [KAUFMANN, STEUDLER 1998]. This report, as innovative in the field of cadastral systems (land administration systems) was treated as a basic reference document (paradigm) for the relevant in the discipline of cadastre the scientific publications. 96

The evaluation of the study was based on the method of similarity models analysis [KAUFMANN, KAUL 2004]. This method sets the parameters (the parameters of similarity), which can be transferred to the real system. The comparative analysis was performed based on a set of spatial information system factors proposed by Gadzicki [1993, 1995]. For spatial information system he understands interrelated elements or components {C1, C2, C3, ....... Cn}, where each element Ci represents the different aspects of spatial information system. Gadzicki [1995] distinguished and defined the twelve elements [Table 1] because: cadastre is a complex system, hence the analysis of the existing cadastral situation needs to be comprehensive, taking into account various aspects of cadastral system and leads to determine the dominant factors in a given situation and the main relationships between them [GADZICKI 1995].
Table 1. The spatial information system components.

No. 1

i Legal aspects

Organizational and structural aspects

SPATIAL INFORMATION SYSTEM COMPONENTS Ci the legislation concerning directly the cadastre, its destination and functions, basic features of the system, purpose of the system, the necessary legislative needs and their ability to meet in the specified time. institutional division of the cadastre in the country, skills and relationships, division into subsystems, the relationship between the three sectors: government, local government and private services and manufacturing operations, problems of coordination and cooperation, integration trends and aspirations to independence, data producers, users, spatial information. funding, costs, benefits (direct, indirect), action for healing the financial situation. the real world conceptual model adopted in the cadastre and represented by the cadastral data, the definitions of objects, entities, relationships and attributes, identifiers of entities and objects.

Economic aspects 4 Reality model 5 Geodetic and cartographic aspects 6 geodetic control network in cadastral applications, its density, uniformity, accuracy and reliability, cartographic mapping and distortion, the content of the form, scale and style of cadastral maps, linking cadastral maps with the other large-scale maps, GPS.

resource of the spatial and descriptive data, data quality: accuracy, completeness, timeliness, consistency, coverage area, system maintenance and storage of data, 97

 The data and their quality (resource data) 7

structure and standards for computer data, the usefulness of the data.

Functions (tasks) of the system 8

acquiring, processing, analyzing, updating, searching, sharing. civil and administrative proceedings implementation of cadastral functions.

affecting

the

Procedures / Proceedings 9 Technology 10 Standards (Normalisation) 11 overall efforts to standardize data concepts, products, processes and techniques in the cadastral system, regulations and technical guidelines defining the data resource structure, quality criteria and data transmission, relevance and quality of existing rules, the possibility of using international standards. technical, administration, management, education, motivation, prestige of the profession, wages, opportunities. technological options for acquiring spatial data and the degree of automation, the hardware and software for data processing, the level of integration of spatial data, upgrade processes and quality control data.

Staff 12 The system environment

Source: Own study based on Gadzicki J., 1993, 1995.

link with other systems, the external users, the availability.

3. Identification of the cadastral benchmarks The analysis of the cadastral issues and events affecting the development of these systems provided the basis to determine the determinants of the current cadastral systems formation and their grouping. Were identified key trends, initiatives, organizations and technologies, within which, it was possible typing the concepts of modern cadastral systems development built over time. The results of this work shows a schematic diagram (Fig. 5).

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Fig. 5. Factors affecting the development of cadastral systems. Source: [DAWIDOWICZ, RBEK 2012].

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4. Selection of the studies for analysis The specific concepts of system solutions and guidelines in research on the establishment of a universal cadastral system model (List 1) were selected for analysis. This studies were chosen after a thorough analysis of the information contained in various documents such as: the publications of FIG, the Working Commission on Land Administration, UN Economic Commission for Europe, World Bank, the EuroGeographics contained on the website: www.fig.net, www.unece.org/env/wpla, www.world-bank.org/landpolicy, as well as publications in conference materials in Kalisz and Elblg (Poland), in Polish monthly magazines like Przegld geodezyjny (Geodetic Overview) and "Geodeta (Surveyor) and after review of the studies in doctoral and postdoctoral publications. List 1. The papers accepted for analysis. DEVELOPMENT CONCEPTS, GUIDELINES Kataster 2014 [KAUFMANN, STEUDLER 1998], [KAUFMANN, KAUL 2004],[FIG 1995]; Cadastres after 2014 [MOLEN 2003]; Core Cadastral Domain Model (CCDM) [LEMMEN i in. 2003,2006], [KAUFMANN, KAUL 2004] and Land Administration Domain Model (LADM) [HESPANHA i in. 2008]; Study on key aspects on land registration and cadastral legislation, HM Land Registry, Guidelines on real property units and identifiers, Land administration in the unece region. Development trends and main principles [UNECE 2000, 2005a, 2005b], EuroGeographics' Vision on Cadastre and Land Registration in Europe 2012 [LAARAKKER 2008]; New directions for Cadastre 2014 [KRELLE 2010], [KALANTARI i in. 2010], [BENNETT i in. 2010]; Cadastre 2.0 [SCHENNACH 2011], [LAND 2011]. The strategic directions of cadastral system development [BEEJ 2001]; multipurpose cadastre in Poland [KONIECZNA 2003]; Methodological evaluation of the Polish real estate cadastre [HYCNER 2004, 2006]; Cadastre 2020 for Poland [KARABIN 2005], [WILKOWSKI, KARABIN 2006]; e-Cadastre (Plan informatyzacji pastwa na lata 20072010) [GRZESIK 2007], [BLINIUK 2007],[ROZPORZADZENIE W SPRAWIE PIP 2007]; An efficient cadastre [ZWIROWICZ 2006, 2008]; Polish cadastral model [FELCENLOBEN 2009]; ZSIN [The Council of Ministers Draft Regulation on the integrated information system on real estate http://bip.msw.gov.pl/portal/bip/218/19828/Projekt_rozporzadzenia_Rady_Ministrow_w_s prawie_zintegrowanego_systemu_informacj.html]. Source: Own study. INTERNATIONAL PAPERS POLISH PAPERS

Comparison of the system solutions in twelve categories allowed to show the elements of convergence and divergences, and then to select the model attributes (benchmarks) with the largest number of indications and additions, nonexclusive. The results of comparative analysis are entered in tabular form, which is attached to this article (Table 2. - Appendix 1). The basic assumptions of the analyzed developmental concepts and guidelines in the studied aspects did not differ as to avoid, and complement rather creating a new character of a modern cadastral system. 5. Conclusions The analyzed solutions resulting from global studies relate very closely to the report Cadastre 2014. Both proposed models CCDM, LADM and guidelines the UN Economic Commission for Europe were developed using such model of Cadastre 2014. The development of research on new directions for the Cadastre 2014 model or Cadastre after 2014 model makes this report an essential reference document, the standard assumptions of the cadastral systems construction. With each stage of the research identified an increasing number of elements contained in the Cadastre 2014. Hence observed a significant trend geared toward Cadastre 2014.

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To join this trend, the Polish solutions in particular the proposals for the Polish Cadastre 2020, the strategic directions of the cadastre development and e-cadastre. The concept of Cadastre 2.0 significantly expands the concept of Cadastre 2014. The cadastre legal framework should be open to continuous development of the system, be designed so as not to restrict the flexibility of the system changes [KRELL, RAJABIFARD 2010]. This assumption corresponds to the principle of the Cadastre 2014 legal independence, which is never "closed", adjusts to the legislative process in the territory of jurisdiction. In this context, harmonizes also the statement that cadastral system must be impartial and shouldnt be in any conflict of interest. The Cadastre 2014 report contains clear statements and goals of the modern cadastral model. Although the complexity of the cadastral system, it is proposed to reduce this complexity by using simple and clear model based on the object-subject relations. In this direction follow all the assumptions analyzed. There is necessity to replace the traditional cadastres (analog or raster maps, separate registers to descriptive data) to cadastral modeling, that system would be more multifunctional (multipurpose) because the information needs of the cadastre, as a spatial information system are constantly increasing due to the emergence of new needs to use this system. From analyzed proposals of the cadastre organization the position of centralization cadastral databases on one server can be isolated. Most proposals of structural cadastral model were based on studies of the systems economic efficiency operating in different organizational conditions. The studies provided evidences for the theory that the more scattered data servers, the system is less efficient economically and organizationally. Central databases are more efficient than a decentralized, because the latter requires the staff working in all areas [Molen, 2003]. There is suggestion to keep the cadastre by the private sector in the supervision and control of the public sector. The essence of this approach is to carry of the cadastre by a separate private company or organization of a mixed character with the implementation the effective monitoring procedures. Public systems turn out to be less flexible and less focused on meeting the needs of consumers, than the systems run by private organizations [Kaufmann, Steudler, 1998]. Another benchmark of the system should be its flexibility. The cadastre flexibility is necessary because it increases its economic efficiency. According to the Bogor Declaration [United Nations, 1996] system should be flexible and adapt to the level and structure of population and quickly informed of the possible solutions options. In this way understood the flexibility can better be met by private institutions. However, due to the need for security, which has so far guaranteed the offices and the courts, it is necessary to involve the public sector. Model solutions for the cadastral systems economic efficiency in the global proposals aim to recover costs incurred for keeping cadastral and closely bound up with geomatic technology, the Internet, work with SDI, SEG, Google Maps, the procedures simplification and introduction the principles of the cost-effective management in hiring people to operate the system. Also dominates the position which is already implemented in most European countries (in Poland, too) that the cadastre should be part of a national and international infrastructure for spatial information. With this assumption involves the possibility of linking the cadastre data with the data recorded by other institutions in one place thanks to information technology. This trend requires the data unification (standardization) and their attributes, identifiers, data models, which will enable not only access to data, but also the freedom to connect (group) data and creation the individual reports. Therefore the result is the possibility of sharing data in one place from any place on earth. This is the most effective solution in the direction of the model organization the cadastral system network environment.

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6. Literature
1. 2. 3. 4. 5. 6. 7. APANOWICZ J. 2003. Metodologia Nauk. Wydawnictwo TNOiK Dom Organizatora Toru. Poland. BEEJ M., 2001. Metodyka badania systemu katastralnego i formuowania strategicznych kierunkw jego rozwoju. Praca doktorska wykonana pod kierunkiem prof. dr hab. in. Sabiny rbek. Maszynopis, UWM, Olsztyn. BENNETT R., WALLACE J., WILLIAMSON I.P., 2007. Organising land information for sustainable land administration, Journal of Land Use Policy, No 25 (2008), 126-138. BENNETT R., RAJABIFARD A., KALANTARI M., WALLACE J., WILLIAMSON I. 2010. Cadastral Futures: Building a New Vision for the Nature and Role of Cadastres. FIG Congress 2010. Facing the Challenges Building the Capacity. 11-16 April 2010, Sydney, Australia. BLINIUK G., 2007. Plan Informatyzacji Pastwa na lata 2007-2010. Prezentacja na stronie MSWiA z dnia 28.03.2007. www.mswia.gov.pl/download.php?s=1&id= 2675 (13.1.2011) DAWIDOWICZ A., RBEK R. 2012. Determination of cadastral benchmarks in the light of current research. Journal of the Polish Real Estate Scientific Society. Volume 20 Nr 4. Olsztyn 2012. ENEMARK, S. (2004): Building Land Information Policies, Proceedings of Special Forum on Building Land Information Policies in the Americas, 26-27 October 2004, Aguascalientes, Mexico. http://www.fig.net/pub/mexico/papers_eng/ts2 _enemark_eng.pdf (5.12.2010) ENEMARK S., WILLIAMSON I., WALLACE J., 2005. Building Modern Land Administration Systems Developed Economies, pending publication, Journal of Spatial Science, Vol.50(2): 51-68. ENEMARK S., 2010a. From Cadastre to Land Governance: The role of land professionals and FIG. Annual World Bank Conference on Land Policy and Administration, 26-27 April 2010, Washington D.C. ENEMARK S., 2010b. The Evolving Role of Cadastral Systems in Support of Good Land Governance. Open Symposium FIG 7 Commission, 9 September 2010, Karlovy Vary, Czech Republic. FELCENLOBEN D. 2009. Kataster nieruchomoci. Wydawnictwo GALL. Katowice. FIG. 1995. FIG Statement on the Cadastre. http://www.fig.net/commission7/ reports/cadastre/statement_on_cadastre.html (5.12.2010) FIG. 1999. Bathurst Declaration, http://www.fig.net/pub/figpub/pub21/figpub21.htm (5.12.2010) GADZICKI J. 1990. Systemy informacji przestrzennej. PPWK. Warszawa. Poland. GADZICKI J. 1995. Systemy katastralne. PPWK. Warszawa. Poland. GRZESIK A. 2007. Budowa nowego katastru. Materiay IX Konferencji - Orodki Dokumentacji Geodezyjnej i Kartograficznej nt.: Krajowa Infrastruktura Informacji Przestrzennej, 19-20 kwietnia 2007 r. Elblg, Poland, str. 6-11. HENSSEN J. 1995. Basic Principles of the Main Cadastral Systems in the World. In Proceedings of the One Day Seminar held during the Annual Meeting of Commission 7, Cadastre and Rural Land Management, of the International Federation of Surveyors (FIG), May 16, Delft, The Netherlands. HESPANHA J., BENNEKOM-MINNEMA VAN J.,OOSTEROM P., LEMMEN CH. 2008. The Model Driven Architecture Approach Applied to the Land Administration Domain Model Version 1.1 - with Focus on Constraints Specified in the Object Constraint Language. FIG Working Week 2008 Stockholm, Sweden, 14-19 June 2008. HYCNER R. 2004. Podstawy katastru. Wydawnictwo AGH. Krakw. Poland. HYCNER R. 2006. System ewidencji gruntw i budynkw oraz ksig wieczystych w aspekcie katastru nieruchomoci. Oglnopolska Konferencja Naukowo-Techniczna. Aspekty tworzenia katastru nieruchomoci. 21-22 czerwca Wyd. Educaterrra, Olsztyn. Poland. KALANTARI M., RAJABIFARD A., BENNETT R. 2010. Modern Land Administration; Technical Characteristics. FIG Congress 2010. Facing the Challenges Building the Capacity. 11-16 April 2010, Sydney, Australia. KARABIN M. 2005. Koncepcja modelowego ujcia systemu katastralnego w Polsce na podstawie wybranych rozwiza w krajach Unii Europejskiej. Praca doktorska wykonana pod kierunkiem prof. dr hab. in. Wojciecha Wilkowkiego, Warszawa, Poland. KAUFMANN J., STEUDLER D. 1998. Cadastre 2014 a vision for a future cadastral system. FIG Commission 7 Working group (1994-1998) "Vision Cadastre". KAUFMANN J., KAUL CH. 2004. Assessment of the Core Cadastral Domain Model from a Cadastre 2014 Point of View. In Proceedings of the workshop standardisation in the cadastral domain, Bamberg, Germany, 910 December 2004, FIG, Denmark. KNOOP H. (Technical University of Braunschweig - Niemcy), 2002. Integracja katastru w Niemczech. X konferencja naukowo - techniczna z cyklu "Kataster Nieruchomoci", 12 14. 09. 2002, Kalisz, Poland.

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KNOOP H., WILKOWSKI W. 2003. Integrating Electronic Platform (IPE) as a Basic Component of Cadastral System in Poland. FIG Working Week: Best Practices in Land Administration Technical Perspective, Paris, France, April 13-17, 2003. KONIECZNA J. 2003. Propozycja konstrukcji warstw informacyjnych katastru o wielu funkcjach. Praca doktorska wykonana pod kierunkiem prof. dr hab. in. Stanisawa Surowca, Olsztyn. KRELLE A., RAJABIFARD A. 2010. Cadastre 2014: New Challenges and Direction. FIG Congress 2010. Facing the Challenges Building the Capacity. 11-16 April 2010, Sydney, Australia. LAND N. 2011. Cadastre 2.0 next generation of cadastre. Presentation on 3rd Cadastral Congress. November 23-25, 2011, Warsaw, Poland LAARAKKER P. 2008. EuroGeographics' Vision on Cadastre and Land Registration in Europe 2012, FIG Working Week 2008, Integrating Generations , Stockholm, Sweden 14-19 June 2008 LARSSON G. 1996. Land Registration and Cadastral Systems. Essex, UK, Addison WESLEY LONGMAN. LEMMEN CH., OOSTEROM VAN P., ZEVENBERGEN J., QUAK W., MOLEN VAN DER P., 2003. Further Progress in the Development of the Core Cadastral Domain Model. FIG Working Week, Paris, France, 13-17 April 2003. LEMMEN CH., OOSTEROM VAN P. 2006. Version 1.0 of the FIG Core Cadastral Domain Model. XXIII FIG Congress. Munich, Germany, October 8-13, 2006. MOLEN VAN DER P., 2003. The Future Cadastres Cadastres after 2014, FIG Working Week and 125th Anniversary of FIG, Paris, France, 13-17 April 2003. ONSRUD H., 2003. Integrating the Cadastre and the Land Register in a Single Organization in Norway. FIG Working Week and 125th Anniversary of FIG, Paris, France, 13-17 April 2003. OPARA S., KUCNER A., ZIELEWSKA B. 2003. Podstawy filozofii. Wydawnictwo UWM. Olsztyn 2003. ROZPORZDZENIE Rady Ministrw z dnia 28 marca 2007 r. w sprawie Planu Informatyzacji Pastwa na lata 2007-2010 ( Dz. U. Nr 61, poz. 414 i 415) SOWNIK JZYKA POLSKIEGO PWN, 1997-2010: http://sjp.pwn.pl (1.06.2012) SCHERNNACH G. 2011. Challenges for the profession in a Cadastre 2.0 world. Proceedings 3rd Cadastral Congress. November 23-25, 2011, Warsaw, Poland. UNECE 2000. Study on key aspects on land registration and cadastral legislation, HM Land Registry, London, United Kingdom, May 2000. UNECE 2005a. Guidelines on real property units and identifiers. Geneva, 2005. UNECE 2005b. Land administration in the Unece region. Development trends and main principles. Geneva 2005. VELASCO A., 2009. The cadastral virtual office and its evolution. Materiay XI Konferencji ODGiK nt. Nowe zadania, nowe technologie, nowa organizacja nie tylko INSPIRE, 23-24 kwiecie 2009, Elblg, Poland. WILKOWSKI W., KARABIN M., 2006. Cadastre 2020 a Vision for a Future Cadastral System in Poland, XXIII FIG Congress 8-13 October 2006 Munich, Germany. WILLIAMSON, I.P., ENEMARK, S., WALLACE, J. AND RAJABIFARD, A. (2010): Land Administration for Sustainable Development. ESRI Press Academic, Redlands, California. ISBN 978-1-58948-041-4. 497 ZWIROWICZ K. 2006. Ustalenie stopnia istotnoci wyrnikw kryterialnych efektywnoci systemu ewidencji gruntw i budynkw. Przegld Geodezyjny Nr 6, Warszawa, str. 3-9. ZWIROWICZ K. 2008. Metoda oceny sprawnoci funkcjonowania katastru nieruchomoci. Wydawnictwo UWM. Olsztyn. RBEK R., DAWIDOWICZ A. 2011. Ewolucja potencjau systemu katastru nieruchomoci w Polsce w wietle zaoe Midzynarodowej Federacji Feodetw (FIG). Studia i materiay Towarzystwa Naukowego Nieruchomoci. Journal of the Polish Real Estate Scientific Society. Volume 19 Nr 4. Olsztyn 2011.

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Appendix 1. Table 2. Benchmarks of cadastral development No. ASPECT CADASTRAL BENCHMARKS - clear and consistent legislation regulating all aspects of the cadastre 1 existence in any country, based on generally accepted principles: books, compliance, public information, specialization and universality, Legal aspects consistency, completeness. - the legislation should regulate the following issues in the cadastre: division of competences for cadastre in the State, the designation of the data recorded basic model (open for its development), to identify clear and consistent definitions of cadastral registration objects (to unify the system), determination of basic system requirements to be met for cadastre for the broadest possible utility of this system, determine the simple and swift procedures: supply data system, data processing, exchange data and link with other registers and systems, data sharing. - universal and flexible legal framework of the cadastre, open to continuous organizational and technological development of the system, - the multi-purpose cadastre system meets the legal requirement objectives and expectations of users: to guarantee the security of property and ownership of land, calculating taxes on land and property, to obtain full information on rights, restrictions and responsibilities on the land, credit security, resolving and monitoring problems related to land, protection of a country, reduce disputes concerning land, improved land use planning, the creation of statistical data. 2 - centralization of cadastral databases on one server, - keeping cadastre and land registry within one organization, - keeping the cadastre by the private sector in the supervision and control of the public sector. Organizational and structural aspects 3 - recovery of costs incurred to conduct cadastres, - the cadastres self-financing during the transitional phase of fees from the data sale, ultimately cadastres maintained by all taxpayers, making information accessible on distribution costs, - usage new technology and enable access to data from anywhere in the world will increase economic systems efficiency. - the reality representation by means of digital terrain model (DTM), - model the relationship between objects (land object-law-claimant) through application the most simple and clear solutions, - the legal acts system refers not to men but to the land object, record titles, and not the acts, - all the object-subject relations associated with the same pattern, - the individual layers of data, unique procedures or legal proceedings for each object, - the geometry of the object as an attribute, - unique identifiers in the object database.

Economic aspects 4

Reality model

104

Geodetic and cartographic aspects 6

The data and their quality (resource data)

Functions (tasks) of the system

- the application of measurement modern methods (photogrammetric technology, GPS) and cadastral data processing techniques, use of modern equipment and modern surveying studies methods, - the end of mapping - creating numerical terrain models, - high-precision cadastral measurements of the boundary in the future based on international standards of accuracy, - the cadastral measurement documented in the Measurement Document, which is a legal source document drawn up in the area, - the boundary of land stabilized in the field. - spatial data (graphics in 2D or 3D) and no spatial (descriptive), collected and stored only in digital technology, - the cadastral data features: reliable (to not have to be subject to additional verification, ensuring 100% secure transactions), accurate (precise), timely, flexible (tailored to the needs of beneficiaries in terms of information content), complete in terms of area and scope of the system content, easy availability of information for all concerned, - data is collected once and maintained at a level where it can be done in the most efficient, effective manner, - standardized data, grouped into packets of data with unique identifiers. - electronic transfer of notarial deeds and other documents to the system and the electronic archives of documents collected in a resource, - the backup data sets security, - the data control, prior to their destruction or unlawful change, - the fast, automatic processing of deeds and other documents, - a continuous information flow after passing the automatic verification procedures, - the cadastre automated update should be performed on the basis of information coming directly from other offices, or horizontally, not hierarchically. - the cadastral system should provide the ability to easily search, combining and comparing data and determining the relationship between legally independent, legally organized terrain objects, as well as preparing individual reports. - support pages using modern electronic communication channels, the ability to settle matters without the presence of the unit conducting the cadastre. - exchange of data models, as the practice of data distribution. -efficient, standardized procedures fully computerized

Procedures / Proceedings 9 - digital technology to data flow (electronic data transfer), storing, updating and sharing, - automation of data collection processes and update them, - software for the integration of graphical and descriptive data, and imaging of any content in any format (2D, 3D). Technology

105

10

Standards (Normalisation)

11

- the definitions of "Cadastre" and " terrain object" adopted by the Cadastre 2014, - recording all the rights, responsibilities and restrictions (RRR) to the public and private objects, -the cadastral modeling instead of mapping in the integrated graphics and descriptive database, - images of reality in any format (2D, 3D), - the data model based on the schema: "object-RRR-claimant" - the same procedures for public and private objects, - the intuitive system and has good security, guaranteeing the validity of data and protect them from loss. - the application of ISO 19 152. - the staff operating cadastral system composed of highly qualified surveyors, experts in all matters relating to land, - the availability of indicators allowing to measure the level of workmanship and services, including research conducted on a regular basis the level of user satisfaction.

Staff 12 - cadastre in spatial information infrastructure, - cadastre updated by the users, - cadastre universal, available to all interested parties.

The system environment

Source: [DAWIDOWICZ, RBEK 2012].

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EVOLUTION OF ACCURACY CRITERIA CONCERNING BOUNDARY POINT LOCATION IN THE CADASTRAL DATA BASE IN POLAND
Robert uczyski Warsaw University of Technology Faculty of Geodesy and Cartography Department of Cadastre and Land Management SUMMARY The paper presents historical and contemporary technologies and accuracy requirements, related to surveys of points and boundary lines, included in the cadastral data base in Poland. The author presents the analysis of accuracy criteria within the last hundred years beginning at the interwar period, with consideration of cadastral technical instructions, which were obligatory in areas of former partitions of Poland; the analysis continues through the times of the Polish Peoples Republic until the present times. The paper presents technology of restoration of initial locations of boundary points, with consideration of permitted errors, which characterised surveys performed in the past. Restoration of location of a boundary point, directly in the co-ordinate system, currently obligatory in Poland, requires consideration of errors of adjustment of former control networks, as well as errors, which were permitted for surveys of boundary points, basing on the initial control network. 1. TECHNOLOGIES OF SURVEYS AND ACCURACY REQUIREMENTS IN THE INTERWAR PERIOD The following technical regulations were obligatory in the interwar Poland: - The Temporary Technical Instruction of 1920 [1], - The Technical Instruction of 1926 [2] which substituted the Temporary Instruction [1] in then existing Biaystok, Kielce, Lublin, d, Nowogrd, Polesie, Warszawa, Woy voivodships (provinces) and in the Vilnius District, - The Cadastral Instruction II of 1927, which was obligatory in the area of the ex-Prussian annexation, [3], - The Technical Instruction of 1931, obligatory in the area of the ex-Austrian annexation [4]. In the Central Poland, following the Instructions [1] and [2], the accuracy criteria, related to surveys of traverses were obligatory; they are listed in Tables 1 and 2.
Table 1. The biggest permissible values of linear discrepancies of traverses for selected length of a traverse; Instructions [1], [2]

Traverse length [m] 500 1000 2000 4000 6000

Permissible linear discrepancy [m] 0.44 0.72 1.20 2.10 2.95

Table 2. The biggest permissible angular discrepancies of traverses for selected numbers of angles of a traverse; instructions [1], [2]

Number of angles Permissible angular discrepancies [] 5 8.9 10 12.6 20 17.9 40 25.3 60 31.0

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Angles of circumferential traverses were measured in two positions of a telescope, using a 1 theodolite and sides were measured with a steel tape with the accuracy of 0.05 m. The circumferential traverse and related traverses are presented in Fig.1. Border points were surveyed from polygon points using the orthogonal method and sideshots under arbitrary angles and with the use of intersections.

Figure 1. The circumferential traverse and related traverses; Instruction [1]

A fragment of a plan of lands of a private farm Chrzanw, Janw district, Lublin voivodship, divided into parcels, elaborated in 1930 by the sworn surveyor, Wacaw Nowak, following the Instruction [2], is presented in Fig.2.

Figure 2. Fragment of the plan of lands of 1930; ZKiGN GiK PW [5]

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In western voivodships the instruction [3] was obligatory, which specified the permitted differences (d) between two surveys of the length of a survey line or a traverse sequence (s), depending on the terrain features: I in flat plane areas: d = 0.01 4 s 0.005s 2 II in undulating areas: d = 0.01 6 s 0.0075s 2 III in highly diversified areas: d = 0.01 8s 0.01s 2 For example, for a line s = 465 m the permitted difference equalled to: - for the I areas I - 0.54 m - for the II area II 0.66 m - for the III area III 0.77 m The instruction [4], obligatory in southern voivodships specified the limits of permitted errors l [cm], depending on the length l [m], for the needs of checking property boundaries basing on the cadastral map. The cadastral map, developed basing on plane table surveying, was the basis for determination of property conditions, calculation of parcel size for land consolidation purposes and for searching and checking the location of boundary points. Locations of boundary points were checked by comparing the real status with the status presented on the map and by surveys of corresponding real lengths with lengths from the cadastral map. Differences of surveys could not exceed the value calculated from the formula: l = 2(0.00015l + 0.005 l + 0.015) , providing that the value S/5000 should be added to the calculated value, where S was the denominator of the scale of the cadastral map. 2. TECHNOLOGIES OF SURVEYS AND ACCURACY REQUIREMENTS AFTER THE WORLD WAR II The register of lands and buildings, existing on Poland, was established on the basis of regulations, which are not obligatory at present ; the decree of 1955 [6] the Technical Instruction of 1962 [7]. In order to survey boundary points, the detailed control network should be created in the surveyed are, which was connected to the basic control network. The rule was applied in the process of creation of the detailed control network, that detailed networks of lower accuracy, such as planimetric sequences, points and survey lines should be rest on detailed control networks of higher accuracy, such as intersected points, points of co-ordinates transfer and main sequences. The limit value of the angular discrepancy of a traverse, specified in the Instruction [7] did not exceed
0 kt , where: m0 the accuracy of angular the value calculated from the formula kt measurements for the given length of a sequence; nkt the number of angles in the traverse. The difference (l) of the double survey of a polygon side did not exceed the value of the mean error of the

f 2m

survey of the particular side: l ml where: l coefficient of accidental errors of linear surveys.

m =u l

, and: l the length of a polygon side; u the

According to Table 3, the highest permissible value of the polygon point positioning error, of the least favourable position (a central point in a traverse), related to the point of connection, equalled to 0.75 m (for the technical traverse method of the 5th class).

109

Table 3. Permissible errors of polygon point positioning according to the Instruction [7]

The mean point positioning error in relation to the point of connection (after adjustment)

The technical traverse method 1st class mp 7.5 cm 2nd class mp 15 cm 3rd class mp 25 cm 4th class mp 50 cm 5th class mp 75 cm

Surveys of property boundaries were performed using the offset method, elongations, crosswise sides and angular and linear intersections, basing on the detailed control network. Measures were readout with the accuracy of 0.10 m. The next technical instruction, which aggravated the accuracy criteria of surveys of horizontal networks, was the instruction [8] according to this instruction the biggest permissible point positioning error equalled to 50 cm (after adjustment), for the survey network in rural lands. Permissible point positioning errors related to the point of connection, specified by the instruction [8], are listed in Table 4.
Table 4. Permissible errors of network according to the instruction [8]

The mean point positioning error in relation to the point of connection (after adjustment)

Horizontal network 1st class mD < 5 10-6 2nd class mp 5 cm 3rd class mp 10 cm Survey network mp 20 cm (mp 50 cm for rual areas)

3. RECENT TECHNOLOGIES OF SURVEYS AND ACCURACY REQUIREMENTS Following the Decree [9], which is obligatory in Poland, surveys of details are performed using the following methods: 1) the method of polar co-ordinates; 2) the offset method; 3) the method of angular, linear and angular-and-linear intersections; 4) the precise positioning method using the GNSS. The recent accuracy requirements concerning horizontal networks are specified in the Decree [9] with respect to a survey network, and the Decree [10] with respect to networks of the 1st, 2nd and 3rd classes. Surveys of details are performed basing on points of a horizontal network; in the case when the density of points is not sufficient for performed surveys, the network is amended with points of a survey network. Mean point positioning errors of the network, related to the point of connection of the horizontal network of the 1st 3rd classes and of the survey network are presented in Table 5.
Table 5. Mean points positioning errors of the network, following the Decrees [9], [10]

The mean point positioning error in relation to the point of connection (after adjustment)

Horizontal network 1st class - mp 1 cm 2nd class mp 5 cm 3rd class mp 10 cm Survey network: mp 10 cm

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4. TECHNOLOGICAL ASPECTS OF DETERMINATION OF SURVEY POINT POSITIONS Following the Decree [9] surveys of details, aiming at re-establishing of boundary marks or determination of boundary points, are performed with the use of observation data, which specified the position of those marks or boundary points, basing on the survey network, which was used for acquisition of this data (the primary network). In the case when the primary network does not exist (due to damages or displacements of its points, or due to impossibility of reestablishment of this network), surveys of details aiming ar reestablishment of boundary marks or determination of boundary points are performed basing on topographic descriptions of these boundary points or coordinates of these boundary points, after harmonisation of these points, using the mathematical transformation, with the reference system, specified by points of the horizontal network and the survey network. Reestablishment of boundary points or determination of boundary points may be performed with the use of the global system of satellite navigation, GNSS, using the static, fast static or kinematic RTK or RTN techniques. As it turns out from the expertise commissioned by the Head Office of Geodesy and Cartography (GUGiK) [11], the basic of unification of surveying and cartographic works in Poland is ensured by the ASG-EUPOS system, operating in Poland since 2008, which guarantees the correctness of implementation of the state system of spatial references. The ASG-EUPOS system is used for surveys with the precise positioning method, with the use of GNSS. Prior to or in the course of each session of surveys with the use of RTK and RTN kinematic techniques, the control measurement is performed for at least two points of the horizontal control network, located within the distance not longer that 5 km from the points, which are the subject of surveys. The linear discrepancy, specified basing on control measurements, cannot exceed 0.12 m with respect to plane rectangular co-ordinates. Following Ryczywolski [12], the RTK method of survey, performed by the NAWGEO service of the ASG-EUPOS service, is characterised by the positioning precision of 0.03 0.05 m, with respect to reference stations, which have the co-ordinates in the obligatory reference system (ETRS). At the beginning of RTK surveys, the mobile receiver performs the, so-called, initialisation, when its determines its precise position. After initialisation it is ready to operate. The probability that the GNSS receiver performs incorrect initialisation is very low. As a result of erroneous initialisation, displacement of all surveyed points by the constant vector may occur; the length of that vector is the multiplication of the wavelength in the satellite system (about 20 cm). Due to that purpose surveys should be started at the control point of known co-ordinates. Following the interpretation of GUGiK [13], operations concerning the reestablishment of a boundary mark or determination of a boundary point, aim at restoration of the position of the particular mark or the point on the ground, basing on the documentation, which specifies its primary position, i.e. basing on the same points of the horizontal network, which was used for the needs of initial surveys, as well as with the use of observation data, including control data. Only in the case of lack of the possibility to restore the geodetic network, which was the basis for original surveys, the existing network may be used for determination of boundary points, following appropriate operations, aiming at optimization of the accuracy of co-ordinates of determined restored boundary marks or determined boundary points, with respect to the current network. They are the following operations: 1) geodetic surveys which allow for readjustment of the primary network in connection to the current basic or detailed network, and then for recalculation of co-ordinates of determined points, 2) transformation of co-ordinates of determined points, basing on the sufficient number of tie points, which co-ordinates are calculated basing on original surveys, as well as on surveys performed basing on the current network; the co-ordinate system of the original surveys is considered as the primary system and the co-ordinate system where the co-ordinates of the current network are determined, is considered as the secondary system.

111

In the ASG-EUPOS system surveys are performed by reference stations, which are directly connected with the basic geodetic network; therefore the additional connection to the network terrestrial points is not necessary. However, this relation is an important issue connected with determination of positions of boundary points, which were not initially directly surveyed basing on the basic network, but they were surveyed basin on lower order networks or networks in local systems. Boundary points positioning errors with errors referring to networks, being the basis for surveys of boundary points and errors of boundary points, directly determined from the basic ASG-EUPOS network, are presented in Table 6. Boundary pints positioning errors with reference to the basic network presented in the fifth column of Table 6 have been calculated with consideration of accuracy criteria listed in Tables 3-5, with the use of the general formula for calculation of the mean function error, implemented as the square root of the total of squares of errors of particular classes of lower order networks.
Table 6. Point positioning errors for networks and boundary points (elaborated by the author)

Type of a network

Point positioning error with respect to the survey network [m] 0.20

Technical traversing, instruction [7], 1962 Horizontal network, instruction [8], 1988 r. Horizontal network, Decree [9], 2011 r. ASG EUPOS

Point positioning error of the survey network with respect to the detailed network [m] 0.75

Point positioning error of the detailed network with respect to the basic network [m] 0.50

Point positioning error of a boundary point with respect to the basic network [m] 0.93

0.10

0.20 (city) 0.50 (village) 0.10

0.10

0.25 0.52 0.17

0.10

0.10

0.05

As it turns out from Table 6, the boundary point positioning error surveyed from the survey network, adjusted to the detailed network, which was adjusted to the basic network (with the permissible mean error), is close to 1 metre. The direct survey from the current basic ASG-EUPOS network being theoretically almost free of errors, results in neglecting errors of adjustment of primary network, and in practice, the boundary point positioning error equal to about 1 metre. The boundary point positioning error with respect to the basic network froma Table 6 has been illustrated in Diagram 1 (colours from the table correspond to colours from the diagram). The vertical axis presents the error in metres, the horizontal axis presents three accuracy periods: 1 1962, 2 1988, and 3 2012.

112

Diagram 1. Evolution of accuracy criteria (elaborated by the author)

5. AN EXAMPLE OF OPTIMISATION OF THE ACCURACY OF CO-ORDINATES OF DETERMINED BORDER POINTS The example of optimisation of accuracy of co-ordinates of determined boundary points is to practically illustrate the impact of gradual loss of initial data from surveys of the network on the accuracy of determination of points of this network. Figure 3 presents the location of 13 points of the network. All error-free data concerning this network co-ordinates of points, angles and distances between points, are known (Table 7).

Figure 3.

113

Table 7.
u= Wsprzdneprawdziwe Nr X 1 2 3 4 5 6 7 8 9 10 11 12 13 1 Y 1000,00 1153,70 1296,00 1381,00 1514,00 1442,00 1132,00 782,00 545,00 313,00 415,00 646,00 799,00 1000,00 1000,00 1123,20 1402,00 1725,00 1987,00 2334,00 2481,00 2499,00 2292,00 2134,00 1670,00 1531,00 1232,00 1000,00 Dugoboku 196,98 313,02 334,00 293,82 354,39 343,09 350,46 314,67 280,69 475,08 269,60 335,87 306,96 Max.odchykaliniowa[m]: 0,008 Max.bddugo ci[m] 0,11 0,14 0,15 0,14 0,15 0,15 0,15 0,14 0,13 0,17 0,13 0,15 0,14 0,52 m0= Ktlewy 226,9398 213,6625 186,4774 242,9289 258,7865 224,9177 248,9762 192,3574 275,7131 251,7393 164,5953 215,3399 297,5659 Max.odchykaktowa[g]: 0,0167 Max.bdkta[g] 0,0167 0,0167 0,0167 0,0167 0,0167 0,0167 0,0167 0,0167 0,0167 0,0167 0,0167 0,0167 0,0167 0,1204

The first variant of optimisation ia based on the assumption that some geodetic marks of the network points were damaged and co-ordinates of those points are unknown. This variant implements the guidelines [13] by the readjustment of the primary network in connection to the current basic or detailed network, and then by calculation of co-ordinated of determined points. In order to determine co-ordinates of missing points, known co-ordinates of existing points of the traverse and complete survey data for the traverse are applied. It has been assumed in the first variant that points: 3p, 6p, 7p, 10p, 13p were damaged. In order to calculate co-ordinates of those points, calculations were performed for four traverses, angularly and linearly tied us at both ends. Results of calculations performed using the C-Geo software tool, are presented in Tables 8 11.
Table 8

114

Table 9

Table 10

115

Table 11

Table 12 presents the true errors of co-ordinated of points 3p, 6p, 7p, 10p, 13p obtained from caqlculations, which were calculated with consideration of permissible mean errors of surveys of network points, with the assumption that the true co-ordinates of points 3p, 6p, 7p, 10p, 13p are known. As a result of performed analysis the true errors of points 3p, 6p, 7p, 10p, 13p were obtained as a result of calculations of traverses angularly and linearly tied up at both ends, which, in the worst case, were equal to 0.15 m point 13p).
Table 12
WariantIcigidwustronnienawizane Wsprzdnepomierzone Nr 1p 2p 4p 5p Wsprzdneobliczone Nr

X 1000,05 1153,75 1381,05 1514,05

Bdprawdziwy 999,95 0,07 1123,15 0,07 1724,95 1986,95 0,07 0,07

Bdprawdziwy

3p

1296,11

1402,03

0,11

6p 7p 8p 9p 11p 12p 782,05 545,05 415,05 646,05 2498,95 2291,95 1669,95 1530,95 0,07 0,07 10p 0,07 0,07 13p

1442,00 1132,03

2334,00 2480,96

0,00 0,05

313,09

2134,00

0,09

799,09

1231,88

0,15

Implementation of the second variant, following the guidelines [13],comprised transformation of coordinates of points determined on the basis of the sufficient number of tie points, which co-ordinates are calculated on the basis of original surveys, as well as surveys based on the current network; in the latter case the co-ordinate system of the original survey was considered as the primary system and the co-ordinate system, in which co-ordinates of the current network are determined, was considered as the secondary system. It was assumed that points 1p, 4p, 8p, 11p were known and co-ordinates of remaining points (9 out of 13) of the traverse were calculated from transformation. Results of analysis are presented in Tables 13-14. Table 13 presents the report of C-Geo tool and Table 14 presents the obtained true errors, reaching 0.22 in the worst case (point 13t).

116

Table 13

Table 14
WariantIItransformacjawsprzdnych Wsprzdnepomierzone Nr 1p Wsprzdneztransformacji Nr 2t 3t 4p 1381,10 1724,90 0,07 5t 6t 7t 8p 782,10 2498,90 0,07 9t 10t 11p 415,10 1669,90 0,07 12t 13t 646,10 1530,90 799,14 1231,83 0,14 0,22 545,10 2291,90 313,14 2133,95 0,14 0,15 1514,10 1986,90 1442,05 2333,95 1132,08 2480,91 0,14 0,07 0,12

X 1000,10

Bdprawdziwy 999,90 0,07

Y 1153,80 1123,10 1296,16 1401,98

Bdprawdziwy 0,14 0,16

Table 15 presents positioning errors of such points, which co-ordinates were calculated in both variants.

117

Table 15
Bdywyznaczeniapooeniapunktw[m] Wsprzdneprawdziwe BdwariantI Nr X Y 1 1000,00 1000,00 2 1153,70 1123,20 3 1296,00 1402,00 4 1381,00 1725,00 5 1514,00 1987,00 6 1442,00 2334,00 7 1132,00 2481,00 8 782,00 2499,00 9 545,00 2292,00 10 313,00 2134,00 11 415,00 1670,00 12 646,00 1531,00 13 799,00 1232,00 BdwariantII Rnica

0,11

0,16

0,05

0,05

0,12

0,07

0,09

0,15

0,06

0,15

0,22

0,07

It results from Table 15 that the readjustment of the primary network, performed in connection with the current basic or detailed network, and re-calculation of co-ordinates of determined points is more accurate determination of co-ordinates of unknown points comparing to transformation. 6. FINAL REMARKS AND CONCLUSIONS Gradual aggravation of accuracy criteria of surveys of networks and surveys of boundary points proves that determination of the primary position of border points should be performed directly from the network, which was the basis for original surveys of those points. The direct determination of point positions in connection to the ASG-EUPOS levels errors of the networks, to which the original survey was connected. As a result the point directly determined from the basic ASG_EUPOS network, without consideration of relations of that network with the primary network, will not overlap its primary position. As it turns out from performed optimisation of accuracy of co-ordinates of determined boundary points: - In order to determine boundary point positions, operations reverse to the applied survey technique, which was the basis of original surveys of points, should be applied, - The highest accuracy of determination of boundary point positions is achieved using the same network points and the same observation data, which were used form the original survey, - Transformation of co-ordinates should be applied when there is no data for determination of coordinates of the original network basing on the traverse adjustment or the rigorous adjustment of the related traverse, - In the case of necessity of application of transformation, all points of the traverse (which were originally fixed and which positions were not destroyed, displaced or damaged) should be found and surveyed within the entire district, - Obtained boundary point positioning errors (exceeding the accuracy of topographic details of the 1st accuracy group) point that - if fixed topographic details are located within the area of the determined error it is highly probable that they overlap the position of boundary lines.

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7. REFERENCES
1. 2. Tymczasowa instrukcja techniczna dla geometrw, wykonywujcych roboty miernicze przy pracach, prowadzonych przez Urzdy Ziemskie; Temporary technical instruction for surveyors who perform surveys required by works implemented by Land Offices; Gwny Urzd Ziemski, Warszawa, 1920. Instrukcja techniczna do wykonywania robt mierniczych, zwizanych z przebudow ustroju rolnego na obszarze wojewdztw: biaostockiego, kieleckiego, lubelskiego, dzkiego, nowogrodzkiego, poleskiego, warszawskiego, woyskiego oraz na obszarze okrgu administracyjnego wileskiego; Technical Instruction concerning surveys related to reconstruction of the agricultural system in Biaystok, Kielce, Lublin, d, Nowogrd, Polesie, Warszawa, Woy voivodships and within the Vilnius administrative district; Ministerstwo Reform Rolnych, Warszawa, 1926. Instrukcja katastralna II obowizujca na obszarze Wojewdztw: Poznaskiego, Pomorskiego i Grnolskiej czci Wojewdztwa lskiego, opracowana przez Wydzia Mierniczy w Poznaniu na podstawie niemieckiej instrukcji II z 17 czerwca 1920 r. z uwzgldnieniem zmian, wprowadzonych przez wadze polskie, zatwierdzona rozporzdzeniem Ministerstwa Skarbu z dnia 9 lipca 1926 r. L. DPO. 1474. IV. Warszawa, 1927; Cadastral Instruction II obligatory in Pozna, Pomorze and Upper Silesia voivodships, prepared by the Survey Division in Pozna, basing on the German instruction II of June 17, 1920, with consideration of changes introduced bby the Polish authorities, approved by the Ministry of Treasure on July 9,1926. Instrukcja techniczna obowizujca przy wykonywaniu prac pomiarowych zwizanych z przebudow ustroju rolnego na obszarze wojewdztw: krakowskiego, lwowskiego, stanisawowskiego, tarnopolskiego oraz powiatw bielskiego i cieszyskiego wojewdztwa lskiego; Technical Instruction obligatory for surveys related to reconstruction of the agricultural system in Krakw, Lww, Stanisaww, Tarnopole voivodships and Bielsk and Cieszyn districts in Silesian voivodship; Ministerstwa Reform Rolnych, Lww, 1931. Materiay archiwalne Zakadu Katastru i Gospodarki Nieruchomociami Wydziau Geodezji i Kartografii Politechniki Warszawskiej. Dekret z 1955 o ewidencji gruntw i budynkw; The Decree on the lands and buildings register of 1955; (Dz. U. z 1955 r. Nr 6, poz. 32; przepis uchylony). Instrukcja techniczna o wykonywaniu robt geodezyjnych, zwizanych z pracami urzdzeniowo-rolnymi i ewidencj gruntw na obszarach gromad, osiedli i miast nie stanowicych powiatw; The Technical Instruction on surveys, related to land-management works and land registers in communes, settlements and cities, which are not districts; Zarzdzenie Ministra Rolnictwa z dnia 10 marca 1962 r. Instrukcja techniczna O-1. Oglne zasady wykonywania prac geodezyjnych; The Technical Instruction O-1. GFeneral rules of surveys; Warszawa, 1988 Rozporzdzenie Ministra Spraw Wewntrznych i Administracja z dnia 9 listopada 2011 r. w sprawie standardw technicznych wykonywania geodezyjnych pomiarw sytuacyjnych i wysokociowych oraz opracowywania i przekazywania wynikw tych pomiarw do pastwowego zasobu geodezyjnego i kartograficznego. Rozporzdzenie Ministra Administracji i Cyfryzacji z dnia 14 lutego 2012 r. w sprawie osnw geodezyjnych, grawimetrycznych i magnetycznych.; The Decree of the Minister of Administration and Digitisation of 14 February, 2012 on control networks, gravimetric and magnetic networks. Adamczewski Z., Albin J., Knoop H., Kujawa L., Oszczak S., Pachuta A., Siedlecki J., ledziski J., Wesoowski S., Rozwj podstawowych osnw geodezyjnych, grawimetrycznych i magnetycznych w Polsce do 2020 roku; Development of the basic control networks, gravimetric and magnetic networks in Poland by the year 2020; Ekspertyza wykonana na zlecenie Gwnego Urzdu Geodezji i Kartografii, Warszawa, 2009 Ryczywolski M. Wprowadzenie do systemu ASG-EUPOS; Introduction to the ASG-EUPOS System; Pozna, 2010 http://www.asgeupos.pl/webpg/graph/img/_news/00089/01.pps GUGiK - Wznawianie znakw granicznych i wyznaczanie punktw granicznych w trybie art. 39 ustawy z dnia 17 maja 1989 r. Prawo geodezyjne i kartograficzne; Restoration of boundary marks and determination of boundary points following art.39 of the act of Maj 17, 1989 The Law of Geodesy and Cartography; Biuletyn Informacyjny Gwnego Geodety Kraju Nr 6, 2005

3.

4.

5. 6. 7.

8. 9.

10. 11.

12. 13. 14.

The content of this paper was partially presented by the author during the scientific session held on the occasion of the 90th anniversary of the Faculty of Geodesy and Cartography of the Warsaw University of Technology on May 27, 2011. Presentation from that event is accessible in Publications on www.robertluczynski.com.

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2. SEA AND WATER MANAGEMENT

THE USE OF GIS TOOLS IN THE GENERATION OF MAPS ILLUSTRATING THE DISTRIBUTION OF PROTECTED SUBMERGED SPECIES THE CASE OF ISOETES LACUSTRIS
Piotr Dynowski1, Anna rbek-Sokolnik1, Hanna Ciecierska1, Jan Dziedzic1, Ryszard Piotrowicz2 1 University of Warmia and Mazury in Olsztyn Department of Botany and Nature Protection Plac dzki 1, 10-719 Olsztyn, Poland e-mail: piotr@jezioro.com.pl; a.zrobeksokolnik@uwm.edu.pl; makrof@uwm.edu.pl; djan1@op.pl
2

Adam Mickiewicz University in Pozna Institute of Environmental Biology Umultowska 89, 61-701 Pozna, Poland e-mail: ryszardp@amu.edu.pl

This paper compares the accuracy of traditional cartographic methods with mapping techniques that rely on GIS and satellite positioning to determine the location of Isoetes lacustris communities in Lake Dugie near ukta. Thematic layers were created in GIS based on archival data and reconnaissance maps showing the distribution of I. lacustris. The resulting vector data were confronted with actual distribution layers created as a result of terrain investigations involving scuba diving and satellite positioning. Simple GIS techniques for registering submerged plant communities produced more accurate data than those acquired with traditional methods. Precise boundary demarcation of plant communities is necessary for environmental monitoring programs, including in determinations of the succession or regression rate of submerged plants over the years. 1. INTRODUCTION In 2011, a joint research team of the Department of Botany and Nature Protection, University of Warmia and Mazury in Olsztyn, and the Department of Water Protection, Adam Mickiewicz University in Pozna, carried out a detailed lake inventory in the Region of Warmia Mazury which, according to published sources, is the habitat of the lake quillwort (Isotes lacustris L.). The investigated plant species is characteristic of lobelia lakes which are occupied by communities of the class Litorelletea uniflorae, including the spring quillwort (Isotes echonospora), the water lobelia (Lobelia dortmanna), the shoreweed (Litorella uniflora) and the water milfoil (Myriophyllum alternifolium) (eg. Kraska and Piotrowicz 2000, Herbich 2004). An abundance of lobelia species is a characteristic feature of water bodies in the Pomeranian Lakeland. Isolated localities of the lake quillwort are also noted in the Masurian Lakeland in Lake Czarne near Ostrda, Lake Tyrsko near Olsztyn and Lake Dugie near ukta. When developing a conservation plan for the Lake Czarne nature reserve, Pisarek and Dziedzic (2003) did not observe quillwort communities (data not published). During a study by Ciecierska (2008), the analyzed species was not reported from Lake Tyrsko. Lake quillwort is subject to strict protection (Journal of Laws, 2004, No. 168, item 1764). It is listed as a vulnerable species (VU) in the Polish Red Data Book of Plants and the Red List of Polish Plants and Fungi. The main threats for lake quillwort communities come from lake eutrophication, mineral and organic acidification, the supply of humic substances with surface runoffs and runoffs from drained peatlands, the supply of calcium compounds and mechanical damage. At present, only a single population of the lake quillwort is monitored as part of a national conservation program (Szmeja 2001). This paper compares the accuracy of traditional methods of surveying submerged vegetation with mapping techniques that involve underwater exploration, Geographic Information Systems (GIS) and satellite positioning. The applied techniques support detailed evaluations of the distribution and

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environmental status of macrophyte communities, including the vulnerable species Isotes lacustris. The resulting information provides highly valuable inputs for monitoring projects. 2. SURVEYED AREA Lake Dugie is situated north-west of the town of ukta and south of the village of Florczaki, the municipality of ukta, in the western part of the Olsztyn Lakeland, at the altitude of 102 m above sea level. Its geographic coordinates are: N 53 495 and E 20 123 (Fig. 1).

Fig 1. Location of Lake Dugie near ukta (source: own study).

Due to the presence of Isotes lacustris localities, the investigated lake has been included within the boundaries of the Lake Dugie reserve (Journal of Laws of the Region of Warmia and Mazury, 2010, No. 77, item 1244), the Natura 2000 network of protected areas (PLH280030 Lake Dugie) and the Protected Landscape Area of the Taborski Forest Complex (Journal of Laws, 2008, No. 179, items 2632-2637). The lake has a total area of 86 ha to 89.6 ha, depending on the source (Leyding 1959, Choiski 1991), with a maximum depth of 16 m and an average depth of 6 m (Choiski 1991). The analyzed water body has a strongly elongated shape from the north-west to the south-east, and it features seven bays. Lake Dugie is a hydrologically open water body. A seasonal water course connects Lake Dugie to Lake Gil in its north-western part and to Lake Harcerskie in its south-central section. 3. SOFTWARE AND EQUIPMENT Standard underwater research equipment was used in the study. Diving operations were performed with the involvement of dry suits and sufficient amounts of air relative to the length of the dive. Reports on the range and species composition of macrophyte communities were generated after every diving session, and geographic coordinates were recorded in the Garmin GPSMAP 60 CSx receiver. Maps were scanned and prepared for calibration in the Paint Shop Pro9 application. Geographic coordinates were read from the GPS receiver using MapSource 6.16.2 software, and they were converted to database format in Excel 2003. The gathered data were processed with the use of various tools and functions in the Esri ArcMap 9.2 program.

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4. MATERIALS AND METHODS The study was planned based on source data concerning the location of Isotes lacustris in Lake Dugie near ukta. Maps illustrating the distribution of the investigated species (Fig. 2) were found in two publications (Koc 1989, 1990).

Fig. 2. Scan of an archival map prepared for calibration (based on Koc 1990).

Field investigations were carried out between May and August 2011. The entire phytolittoral zone was surveyed in the search for lake quillwort communities and localities. The position of localities was described with a single coordinate, and communities were characterized by a group of coordinates which denoted their range limits. If individual lake quillwort plants were observed in communities of different plant species, such sites were regarded as localities. Spatial data were exported to the ArcMap program, and vector layers were developed with tables of attributes, including the surface area of communities, their geographic coordinates, potential monitoring locations and conservation status (Fig. 3).

Fig. 3. Fragment of an attribute table assigned to a distribution layer of lake quillwort communities in Lake Dugie (source: own study).

In addition to the results of field surveys, lake quillwort communities were also vectorized from scanned archival maps dating back to 1989 and 1990 to determine their surface area. The range limits of lake quillwort communities over the years was compared and analyzed.

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5. RESULTS AND DISCUSSION Based on a digitalized analog map (Koc 1989), the presence of the lake quillwort was determined at five localities with a combined area of 2.38 ha. In 1990, Koc identified six dense communities of the lake quillwort, covering a total area of 2.59 ha. Following a detailed investigation of the phytolittoral zone in 2011, the presence of lake quillwort plants was noted at 46 localities and 58 dense communities with a combined area of 1.07 ha (Fig. 4).

Fig. 4. Distribution of lake quillwort localities and communities in Lake Dugie (source: own study).

The majority of plant communities overlapped in archival maps for 1989 and 1990. In some cases, their boundaries had shifted by around 90 meters, and the total surface area of the investigated communities differed by approximately 0.2 ha (Fig. 5).

Fig 5. Differences in the distribution of lake quillwort communities in 1989 and 1990 (based on Koc 1989, 1990).

The results of the survey carried out in 2011 indicate that lake quillwort is a vulnerable species (Fig. 6).

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Fig. 6. Distribution of the present (own study) and historical localities (based on Koc 1990) of lake quillwort.

The differences in the present and historical total area of dense lake quillwort communities (more than 1.5 ha) testify to the vulnerable status of the analyzed species. The species distribution map points to differences in the present and historical location of small, dense communities and well preserved localities of the lake quillwort. The above variations could result from less precise analytical methods deployed in the past or errors in positioning and spatial orientation of the discovered localities. Recent results also suggest that the surface area of the phytolittoral zone occupied by lake quillwort in the 1990s was several times larger than that given by the referenced publications. Various authors have suggested that satellite imaging is a highly useful method for environmental monitoring (Gowienka and Michaowska 2007, Musia 2009). Satellite positioning is a high precision tool for monitoring communities of terrestrial vegetation and rush plants (Hodyski et al. 2006). The discussed methods produce less satisfactory results with regard to submerged vegetation. The above also applies to maps generated by aerial thermal imaging which illustrate the area of land vegetation communities, but do not support their classification into phytosociological units (Lubecki 2006). Survey methods which rely on ultrasound imaging probes are more accurate in describing the distribution of submerged plant communities, in particular stonewort meadows. The above can be attributed to the deposition of calcium carbonate in the phylloids and cauloids of the discussed macrophytes which reflects an identifiable signal (Popielarczyk et al. 2006). Nowadays, GIS modeling for aquatic botany tools is more and more often proposed as a good method (Caloz and Collet 1997, Schmieder 1997, Lehmann 1998, Fleming et al. 2012). The combination of underwater inventories analyzing bottom strata saturated with light, satellite positioning and GIS tools produces the most reliable results (rbek et al. 2011). The acquisition and processing of environmental data for monitoring studies continues to pose a problem (eg. Salem 2003, rbek-Sokolnik and Dynowski 2011). The EU Framework Water Directive sets environmental objectives promoting the achievement of good ecological and chemical status of all types of water in the EU Member States (Kubacka, Barszczynska, Walczukiewicz 2007). The above requirements cannot be met without access to reliable and accurately processed habitat data. Information about the distribution of valuable and vulnerable species and their habitats as well as systematic monitoring programs are also needed for planning purposes. GIS tools support the development of reliable databases which contribute to sound environmental decisions and the protection of vulnerable species (Lathrop and Bognar 1998, Woodhouse et al. 2000, Kura 2007, Zhang et al. 2011, Fleming et al. 2012).

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6. CONCLUSIONS Method proposed in presented article should be used in the case of real flora maps preparing. During submerged plants registration method with anchor is not precise enough. In this case method with underwater investigation and geographic coordinates qualification should be involved. Using of historical data obtained during investigation with anchor for valuation of chosen submergered communities areas, qualification the state of its maintenance and potential threat is limited. This study was carried out as part of research project NCN No. NN 305299940

7. BIBLIOGRAPHY
1. 2. 3. 4. 5. 6. 7. Caloz R., Collet C. 1997. Geographic information systems (GIS) and remote sensing in aquatic botany: methodological aspects. Aquatic Botany 58: 209-228. Ciecierska H., 2008. Makrofity jako wskaniki stanu ekologicznego jezior. Rozprawy i monografie. 139. UWM, Olsztyn, pp. 202. Choiski A. 1991. Katalog Jezior Polski. Cz II. Pojezierze Mazurskie. Wydawnictwo UAM, Pozna. Fleming J., Madsen J.D., Dibble E.D. 2012. Development of a GIS model to enhance macrophyte reestablishment projects. Applied Geography 32: 629-635. Gowienka E., Michaowska K. 2007. The possibility of environmental changes monitoring using GIS tools for Slowinski National Park. Archiwum Fotogrametrii, Kartografii i Teledetekcji. 17a: 241-249. Herbich J. 2004. Wody sodkie i torfowiska. Poradniki ochrony siedlisk i gatunkw Natura 2000 podrcznik metodyczny. Tom 2. Ministerstwo rodowiska, Warszawa. Hodyski Cz., Ciecierska H., Szarejko T., Dynowski P. 2006. Opracowanie struktury przestrzennej rolinnoci ekosystemu jeziora uknajno oraz jego otuliny z wykorzystaniem metod teledetekcji oraz pomiarw metodami satelitarnego pozycjonowania. In: Badanie struktury przestrzennej rolinnoci ekosystemu jeziora uknajno oraz jego otuliny z wykorzystaniem metod teledetekcji oraz pomiarw metodami satelitarnego pozycjonowaia. Sprawozdanie z realizacji projektu badawczego dofinansowanego przez Wojewdzki Fundusz Ochrony rodowiska i Gospodarki Wodnej z siedzib w Olsztynie. pp. 30-42 Koc J. 1989. Wystpowanie poryblinu jeziornego (Isotes lacustris L.) na Pojezierzu Mazurskim. Acta Acad. Agricult. Techn. Olst., Agricultura. 48: 75-81 Koc J. 1990. Vascular vegetation of floristic nature reserve Lake Dugie near ukta. Acta Acad. Agricult. Techn. Olst., Protectio Aquarum et Piscatoria. 18: 11-17 Kraska M., Piotrowicz R. 2000. Jeziora lobeliowe: Specyfika, trofia, rolinno oraz zagadnienia ochrony. Sesja Naukowa Ochrona jezior i mokrade Pomorza rodkowego w wietle przemian naturalnych i zagroe cywilizacyjnych. Towarzystwo Ekologiczno-Kulturalne w Bobolicach, Biul. Nr 3: 5-27 Kura B. 2007. Using GIS as a special tool in valorization of natural conditions made for land management and spatial planning. Archiwum Fotogrametrii, Kartografii i Teledetekcji. 17b: 425-435 Lathrop R.G., Bognar J.A. 1998. Applying GIS and landscape ecological principles to evaluate land conservation alternatives. Landscape and Urban Planning. 41: 27-41 Lehmann A. 1998. GIS modeling of submerged macrophyte distribution using Generalized Additive Models. Plant Ecology. 139: 113124. Leyding G. 1959. Sownik nazw miejscowych okrgu mazurskiego. Pastwowe Wydawnictwo Naukowe. Lubecki A. 2006. Sprawozdanie z wykonania lotniczych zobrazowa termalnych nad jeziorem uknajno. In: Badanie struktury przestrzennej rolinnoci ekosystemu jeziora uknajno oraz jego otuliny z wykorzystaniem metod teledetekcji oraz pomiarw metodami satelitarnego pozycjonowaia. Sprawozdanie z realizacji projektu badawczego dofinansowanego przez Wojewdzki Fundusz Ochrony rodowiska i Gospodarki Wodnej z siedzib w Olsztynie. pp. 14-29 Musia J. 2009. The methodology of assessment of the environmental conditions in protected areas in Poland based on integrated remote sensing and climatic data. Archiwum Fotogrametrii, Kartografii i Teledetekcji. 20: 307-320 Pisarek W., Dziedzic J. 2003. Plan ochrony rezerwatu przyrody Jezioro Czarne. Wojewdztwo Warmisko-Mazurskie. Urzd Wojewdzki w Olsztynie, Wydzia Ochrony rodowiska i Rolnictwa. Popielarczyk D., Dynowski P., Templin T., Gryszko M. 2006. Wykonanie pomiarw batymetrycznych jeziora uknajno. In: Badanie struktury przestrzennej rolinnoci ekosystemu jeziora uknajno oraz jego

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otuliny z wykorzystaniem metod teledetekcji oraz pomiarw metodami satelitarnego pozycjonowania. Sprawozdanie z realizacji projektu badawczego dofinansowanego przez Wojewdzki Fundusz Ochrony rodowiska i Gospodarki Wodnej z siedzib w Olsztynie. pp. 44-59 Salem B.B. 2003. Application of GIS to biodiversity monitoring. Journal of Arid Environments 54: 91114 Schmieder K. 1997. Littoral zone- GIS of Lake Constance a useful tool In Lake monitoring and autecological studiem with submersed macrophytes. Aquatic Botany 58: 333-346 Szmeja J. 2001. Isotes lacustris L. Poryblin Jeziorny. In: Kamierczakowa R., Zarzycki K. (eds) Polish Red Data Book of Plants, ed. 2. Pteridophytes and Flowering Plants. Instytut Botaniki im. W. Szafera, PAN Krakw, pp.34-36 Woodhouse S., Lovett A., Dolman P., Fuller R. 2000. Using a GIS to select priority areas for conservation. Computers, Environment and Urban System 24: 79-93 Zhang Y., Woodward N. T., Unger D., Hung I-K, Oswald B. P., Farrish K. W. 2011. GIS tool for plant spatial pattern analysis. Environmental Modeling & Software 26: 1251-1254 rbek R., rbek-Sokolnik A., Dynowski P. 2011. Application of GIS in natural sciences. Current problems with registering submerged plants assemblages for the needs of Natura 2000 network., in: Kerekovi D. (ed.) THE FUTURE WITH GIS. SCIENTIFIC MONOGRAPHY., pp. 97-103; Hrvatski Informatiki Zbor GIS Forum Zagreb, Croatia, University of Silesia, Poland (ISBN HIZ 953-6129-32-9 Nacionalna knjinica, Zagreb, Croatia) rbek-Sokolnik A., Dynowski P. 2011. Preparing of cartographic documents for European Ecological Natura 2000 Network requirements. Acta Scientiarum Polonorum. Administratio Locorum. 10(4): 91-101

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DETERMINATION OF COASTAL AND TRANSITIONAL WATER TYPES AND WATER BODIES IN THE CROATIAN SEA
Vlado Dadi1 Grozdan Kupili1 Robert Precali2 Damir Ivankovi1
1

Institute of oceanography and fisheries etalite Ivana Metovia 63, 2100 Split Tel:+385 21 408011 Http://www.izor.hr, E-mail: dadic@izor.hr Institute Rugjer Bokovi, Center for marine research Pailage 5, 52210 Rovinj, Croatia Tel:+385 52 804741 Http://www.cim.irb.hr

ABSTRACT The Republic of Croatia, as a future EU member states with the anticipated accession to full membership at July 1st, 2013 accepted all the obligations deriving from the European Water Framework Directive (WFD) of the EU (200/60/EC). According with WFD Croatian Waters Company needed determine types of water and the size, shape and position of the transitional and coastal water bodies of the Croatian Adriatic Sea. For successful completion of this demanding job GIS technology was used in processing and analysis of the various spatially defined parameters to generate the aggregated output maps. Taking into account the specific heteroskedasticity of Adriatic catchment area and the definition of a water body as a clear and significant element of surface water category, the total of 23 water bodies in coastal and 29 water bodies in transitional waters in Croatian Adriatic Sea was determined. Key words: Water type bodies, transitional and coastal waters, GIS analysis 1. INTRODUCTION European Parliament and European Council was adopted Water Framework Directive 2000/60 /EC) (WFD), which established a common framework for Community action in the field of water policy, which primarily involves the establishment of an integrated water management based on river basins, and the comprehensive protection of waters and achieving good quality ('good status') of water by 2015. One of the first tasks is to determine facts about the characteristics of the water and the position and size of water bodies in transitional and coastal waters. EU CIS Guidance suggested hierarchical approach to the identification of surface water (Figure 1). The Water framework directive definitions have been used to define transitional and coastal waters: Transitional waters are bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows. Coastal water means surface water on the landward side of a line, every point of which is at a distance of 1 nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters, and Marine waters would then by default be waters seaward of coastal waters.

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Figure 1 Summary of suggested hierarchical approach to the identification of surface water bodies EU Guidance document No.5 [10] The Republic of Croatia as a future EU member states with the anticipated accession to full membership at July 1st, 2013 accepted all the obligations of the Water Framework Directive and the Croatian Water. The work was attended by experts from the Institute was entrusted to her for Oceanography and Fisheries, Split (IOF) and the Institute "R.Bokovi" - Centre for Marine Research, Rovinj (CIM) for the Croatian Waters Company The following guidelines from CIS Guidance, 2003 experts as a first step in the process determined border between coastal and marine waters based on knowledge, available data and using GIS technology. The second step would be determination of position of monitoring stations taking in account that at least one station must be in each water type body, and cover (if any) reference, representative and impact stations: 1. Reference stations would occur in waters that are minimally impacted by human activity. 2. Representative stations reflect the general quality of the transitional and coastal water bodies and marine water areas with respect to pressures placed upon them. 3. Impact stations are monitoring stations within the zone (area or volume of water) where initial mixing of missions from a particular discharge or concentrated group of discharges takes place with the receiving waters (sometimes called hot spots). 2. METHODOLOGY Depending of specific marine morphology, rules for determination water type described in WFD can be slightly modified. For example, according WFD definition the level of salinity is one of key physical parameters distinguishing transitional waters from fresh riverine waters. The width of coastal waters varies as the baseline from which the breadth of territorial waters is measured differs from country to country. Some include offshore islands as the baseline, which can mean that the coastal waters can extend tens of kilometres offshore, and certainly more than the 1 nautical mile limit as in the definition. For each monitoring station it was required both the distance from the nearest mainland and the distance from nearest land (if it is close to an offshore island). Based on these possibilities the Republic of Croatia slightly changed these rules because it possesses a very long and intended marine coastline with very specific morphology characteristics. It was counted that Croatian coastline is 6278 km long (~8% of Mediterranean Sea), and Croatia has 1246 island, rocks and reefs under its jurisdiction (Duplani Leder Tea et.all, 2004). According CIS Guidance, 2003 two systems for definition water types (system Aand system B) can be used. Because of specific properties of the ecological and morphologic status of the Croatian Adriatic Sea it was decided that system B has been much appropriate for use in Croatian

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marine waters. The system "B" consists of some obligatory parameters (geographic position, salinity range and mean tidal range) and more optional parameters (Figure 2).

Figure 2 Typology of transitional and coastal surface waters according to the Common Implementation Strategy for the WFD (2000/60/EC), Guidance document No. 5. Usage of GIS tools for success of this project was essential, because of the necessity of complex analyzing and presentation a large volumes of geographically related data. In this work ArcGIS 9.0 tool from ESRI firm was used for processing and analysis of spatially distributed data. Labelling system of water types and water type bodies in coastal and transitional waters consists of one letter and 3 numbers (Figure 3). The letter indicates the type of water and can be transient for P and O for the coastal water. The first number indicates the salinity goes from 1 to 4, which indicates respectively oligohaline, mezohaline, polyhaline and euhaline water. The second number refers to the depth where 1 denotes a depth of less than 40, and 2 deeper than 40 meters. Last number ranges from 1 to 3 and describes the type of sediment; 1 is the rocky bottom, 2 to 3 coarse and fine grain of sediment. To help in making this project it was natural to use GIS technology, because of the necessity of analyzing and presenting large volumes of geo-spatially distributed data.

Figure 2 The system of 4th characters labelling Croatian coastal and transition water types For construction of maps generated form data by GIS tools, as the first step it was necessary to obtain data and information related to the physical, chemical, biological and geomorphologic

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characteristics in watershed of the Croatian Adriatic Sea. Data and information were obtained from different sources: from existing maps of the area, aerial and satellite imagery; oceanographic data stored in digital databases and books, information from local residents and lows. The most important data and information for determination of water types and water type bodies was obtained from various reports collected during long period of research activities, mainly from: Monitoring program of river and ground waters, Monitoring of water quality in the coastal water VirKonavle (1976 - 2008), National monitoring of the Adriatic Sea (1998 2008), and Many other research and professional projects, books, etc. All available data have been stored in environmental database of the Adriatic Sea (MEDAS) maintained by the Institute of oceanography and fisheries (Http://www.izor.hr/roscop). As results of analysis showed that the most oceanographic data had been measuring during long time period with more methods and instruments they had to pass validation, harmonisation and integration before processing. Performed analysis showed that he most of parameters was measured in discrete points randomly distributed in the wide area of the sea. Therefore, it was necessary to produce spatial fields using interpolation methods as kriging, invert variation, etc. It can be noticed that main problems in data analysis and production of spatial field and GIS maps were randomly distributed and sparse data in some areas, existence of long and narrow islands and intended coastline in the Croatian Adriatic Sea. Methods for data validation and their processing used in this work are described in paper Dadic et al., 2001. Processing of data by GIS tool more maps of different parameters (mandatory and optional) were created, which serves as basement for determination of water type bodies, their distribution, shape and size. After that, all layers passed additional processing as overlaying, Bools' algebra computing, merging, unioning, intersecting, buffering, etc. in aim to make aggregated products including geographic maps with definition specific characteristics of waters. As the final stage of this relatively complex multidisciplinary works, coastal and transitional waters and related water bodies of Croatian Adriatic Sea was determined. 3 RESULTS Generally, system B in Figure 2 shows that geographic position, salinity and mean tidal range mainly influence on water characteristics of coastal and transitional waters of European seas. Our analysis of available data of obligatory and optional parameters shows that the salinity, water depth and type of sediments mainly influence on water characteristics in the Croatian Adriatic Sea and influence of mean tidal range can be neglected (Table 1). Therefore, salinity, depth and sediment type have been used as basic parameters for determination of water types and water bodies in coastal and transitional waters of the Croatian Adriatic Sea. More precisely, salinity has high influence both in coastal and transitional waters, sediments has high influence in coastal and middle influence in transitional waters and depth has middle influence in coastal and high influence in transitional waters. All other parameters have small or middle influence on characteristics of the Croatian coastal and transitional waters. Based on data analysis it was decided to use one class of depth in transitional waters (from surface to the bottom), and two classes of depth in coastal waters (from sea surface to depth of 40 meters, and second layer from depth of 40 m to the bottom). Ranges of salinity classes proposed by Common implementation strategy for WFD was slightly changed it was more suitable to use ranges as follow 0.5-20, 20-30, 30-38, >38).

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Table 1 Influence of obligatory and optional parameters on physical, biological and geomorphologic characteristics of transitional and coastal Croatian marine waters 3.1 Coastal water types and bodies

First task was separation of coastal and marine waters. The boundary of the coastal basins was determined according WFD and Article 18 the Croatian Maritime Code (Official Gazette 181/04), which define the baseline for measuring the breadth of territorial waters as follow: 1. The territorial sea of the Croatian sea belt 12 nautical miles wide, starting from the baseline in the direction of the economic zone. 2. The starting line consists of: the low water along the coast of the mainland and islands, straight lines enclosing the entrances to harbours and bays, straight lines connecting the following points on the coast of the mainland coast and on islands: RT Zarubaa - Mrkan south-eastern Cape of the island - the island South of St. Rt. Andrew RT Gruj (Mljet), RT Lenten (Mljet) - Glavat Island - Cape of Struga (Lastovo) - Cape Velji Sea (Island of Lastovo) - Southwest Cape Kopite Island - Cape Velo dance (Island) - Cape Proizd - Southwest Cape Vodnjak Island - Cape Rat (Mali Drvenik) Hrid Mulo - Hrid Blitvenica - Purara otok - Island Balun - Mrtovac otok - Island Garmenjak - a point on Dugi otok with coordinates 43 53 '12 "north latitude and 15 10' 00" east longitude, Cape Veli Rat (Dugi otok) - Hrid Masarine Rt Margarine (Island Susak) - Albane shallows - Island Grunj Hrid Sveti Ivan on the high seas - shallow Mramori - Altie Island - Cape Kastanija. Based on definition in Croatian maritime Code, contrary solution used by more EU countries it was decided that the distance of 1 Nm from outer coastline of open islands represents boundary between the coastal and marine waters. It means that whole area of inner and channel waters of Croatian Adriatic Sea represent coastal waters (Figure 3). Waters seaward of coastal waters up to Croatian territorial border (12 Nm) represent marine waters. Figure 3 shows that coastal waters type does not exist around the much opened islands (Palagruza, Susac, Sveti Andrija and Jabuka). In addition, it can be noticed that island of Vis has coastal waters type but without connection with other Croatian coastal water bodies.

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Coastal

Open marine waters

ZERP

Figure 3 Croatian marine waters Based on amylases of maps and available data it was defined 5 water types and 23 water bodies in coastal waters of the Croatian Adriatic Sea (Figure 4). Obtain results show that Croatian Adriatic Sea has quite inhomogeneous distribution of water types because it is intended with many islands and quite complex bathymetry and under influence of waters from more rivers on the eastern coastline of the Adriatic Sea. Water basins close to the biggest town (ports of towns Split, Rijeka and Pula) are under quite strong influence of pollutants from land and they represent separate types of coastal waters body. Generally, water bodies are larger in open and deep part of sea, and contrary those, which are close to estuary of river, are smaller. Table 2 Coastal water types and water type bodies with their geographic names

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Water bodies

Water types

Figure 4 Coastal water types and water type bodies in the Croatian Adriatic Sea Transitional waters Because of relatively shallow waters in estuaries or mouth of all Croatian rivers single class of depth was defined and only salinity and sea-bottom sediments were used for definition of water types in Croatian transitional waters. It was reconstructed that in the Croatian Adriatic Sea watershed there are 6 types of transitional waters in estuaries of ten rivers: Dragonja, Mirna, Raa, Rjeina, Zrmanja, Krka, Jadro, Cetina, Neretva and Ombla. Estuarine areas of the river Neretva and Cetina has been classified in a separate category of highly altered unit of surface waters. Transitional waters in vicinity of mouth of river rnovnica were completely ignored because of its small surface area. Table 2 Transitional water types and water bodies and corresponding river catchment name 3.2

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Dragonja Mirna Raa

Rjeina

Zrmanja Krka Water types Jadro Cetina Neretva Ombla

Figure 5 Location of transitional water types in vicinity of Croatian river estuaries

Mirna

Dragonja

Raa

Rjeina

Figure 6 Transitional water tape and water bodies in rivers of Istria rivers catchment (Notice: Priobalna voda=Coastal water; Slatka voda=Fresh water)

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The areas of transitional waters type body depend of river water outflow and batimetry of adjacent sea. So, the largest transitional water bodies are in vicinity of rivers Neretva, Zrmanja and Cetina, and smaller waters bodies are in vicinity of river Dragonja, Mirna, Raa, Rjeina and Jadro. All transitional water types in Istra consist of two water bodies, as well as river Jadro and Ombla. Transitional waters in estuary of river Krka consists of 3 types of water bodies, river Cetina and Zrmanja consists of 4 types and Neretva of 5 types of transitional water bodies. For example, transitional waters of the river Krka are composed of 3 different water bodies (P1_3, P2_3 and P3_3). By signs, we can conclude that going from the upper stream to the mouth; the sediment becomes larger and increases salinity. In addition, on the map appear two water bodies that are adjacent fresh and coastal water. This simple view is perhaps more useful than just text and numeric data because it provides a rapid and remarkable insight into the situation.

Zrmanja

Krka

Jadro

Cetina

Neretva

Ombla

Figure 6 Transitional water tape and water bodies in rivers of Dalmatian rivers catchment (Notice: Priobalna voda=Coastal water; Slatka voda=Fresh water)

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CONCLUSION

Transitional and coastal waters types in the Croatian Adriatic Sea were determined taking in account influence of mandatory and optional parameters defined in WFD on their characteristics (salinity ranges, substrate composition and depth of the water column). It was determined 5 types of coastal waters and 6 types of transitional waters. In coastal waters 23 different water bodies was determined and in transitional waters 29 water bodies. According WFD further step would be definition position of measuring stations and measuring parameters, set up and maintenance regular monitoring indicators of ecological status in all water bodies in coastal and transient waters covering reference, representative and impact stations, if any.

5
1. 2. 3. 4. 5. 6. 7.

REFERENCES
CIS Guidance Document No. 2, (2003): Identification of Water Bodies, Offi will for Official Publications of the European Communities, Luxembourg. CIS Guidance Document No. 3, (2003): Analysis of Pressures and Impacts, Offi will forOffi cial Publications of the European Communities, Luxembourg. CIS Guidance Document No. 5, (2003): Transitional and Coastal Waters - Typology, Reference Conditions and Classifi cation Systems, will Offi Offi cial for Publications of the European Communities, Luxembourg. Dadi, V., M. Srdeli and Z. Greti (2001). Analysis of oceanographic properties of the Adriatic Sea by GIS technique. 20th International cartographic conference, Beijing, China, 6-10 August, 2001. Proceedings, Vol1: 575-584. Duplani Leder, Tea; Ujevi, Tin; ala, Mendi (2004), Coastline Lengths and Areas of Islands in the Croatian Adriatic Sea Determined from the Topographic Maps at the Scale 1:25 000. Geoadria (13312294) 9 (2004), 1; 5-32. European Parliament and European Council, (2000): Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the fi eld of water policy, Offi cial Journal of the European Communities L. 327, Luxembourg. Kupili, G. Bone, B., Morovi, M., Matic, F., Ninevi-hungry, ., Andersson, B., Grubeli, I. Nikolic, V., Despalatovi, M., Matic Skoko S. Duli, J., Bogner, D., Dadic, V. (2006): Proposed types of transitional and coastal waters to the water catchment area of the Dalmatian, reference conditions and ecological status assessment of transitional and coastal waters of the river Krka and Sibenik Riviera Institute of Oceanography her and Fisheries. Kupili, G. Bone, B., Morovi, M., Ninevi-hungry, ., Andersson, B., Grubeli, I. Nikolic, V., Despalatovi, Skoko Matic, S., Duli, J. , Bogner, D., Dadic, V. (2008): Preliminary Determination of reference conditions and locations of transitional and coastal waters to the water catchment area of the Dalmatian, her Institute of Oceanography and Fisheries. Precali R. Travizi, A., Ives, LJ, Skoko Matic, S., Duli, J. (2008): Proposal types and reference conditions for transitional and coastal waters in the catchment area-coastal Istrian basins, Rugjer Boskovic Institute, Center for Marine Research, Rovinj.

8.

9.

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3. CULTURAL AND NATURAL HERITAGE

THE LANDSCAPE CHANGES IN CLASSICAL ANTIQUITY IN ROMAN DALMATIA (territory of today Dubrovnik-Neretva County - Croatia)
Vlasta Begovi Institut za arheologiju Gajeva 32, 10 000 Zagreb, Croatia Ivanica Schrunk University of St. Thomas St. Paul, Minnesota 55105, USA Davorin Kerekovi, GIS Forum Ilica 191 e, 10 000 Zagreb, Croatia Abstract In the course of the ongoing research project Archaeological Topography of Croatia in Classical Antiquity the application of a new GIS procedure made it possible to make reconstructions of some Roman sites and past landscapes (landscape in classical antiquity) on the territory of today DubrovnikNeretva County (Croatia). The GIS approach to the study of changes in historical landscapes indicated that the greatest transformation of the landscape occurred in the Roman period. The Roman beginning of the new settlements has the roots in commercial and strategic needs of the expanding power in the eastern Adriatic territory such as in the exploitation of the local resources. The procese of Romanization divided that territory into the colonies of Narona and Epidaur two great centres with their ager. The most significant legacy was the division of fertile lands in Konavle, Ston field, Peljeac peninsula, Neretva and Korula field between colonies and villas propertes. Building of the roads and naval bases was the part of the plan of Roman domination and pacification of the territory. Territorial creativity was high in the Roman time, when a completely new landscape identity appeared after the 2nd/1st century BC in Dalmatia. The exploitation of the land and the intensive planting of new cash crops vineyards and olives tree occurred. Roman villas as the centres of the agriculturally productive landscape were settled on the mainland and the islands. The scientific project Archaeological Topography of Croatia in Classical Antiquity and the application of new GIS procedure made the reconstruction of the landscape in classical Antiquity on the territory of today Dubrovnik-Neretva County. Roman architecture features are the markers in the landscape. Key words: GIS, archaeological topography, historical landscape in classical antiquity, DubrovnikNeretva County, 4th century BC to 6th century AD Introduction The Dubrovnik Neretva county covers the coastal area, hilly terrain and mountain area with the lower course of the Neretva River (Neretva delta with coastal swamps), and Peljeac peninsula, islands of Korula, Mljet, Lastovo, ipan, Lopud and Lokrum and lot of small islands and rocks as well. The territory consist of a relatively narrow elongated coastal area with two parts Konavle field and hilly terrain south of Dubrovnik (the highest top is on the mountain Snjenica, Ilijin vrh 1234 m ) and Dubrovako primorje north of Dubrovnik (the highest top is Nepropi 965 m) , Ston field, Peljeac peninsula and river Neretva delta. There are five deep bays - Cavtat port, Gru port, Rijeka Dubrovaka bay, Ston port and Ploe bay. On the both side of Neretva delta are coastal swamps and on the side of them hilly terrain with highest top on Babina gm. 736 m on the right bank of the river (north of Neretva) and the hill Mala aba on the left bank of the river (south of Neretva) with the

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highest top on Matica peak 681 m above the sea level. The area is reach with the drinking water and coastal swamps (as Vitruvius wrote the healthy swamps because of mixing salt and drinking water) and on the north of river Neretva there is the lake Bainska. The fertile fields are on Peljeac peninsula and hilly terrain as well (the highest point is St. Ilija above Orebi 960 m ) and fertile land on Korula island (the highest point is Veli Vrh 473 m). The great forests rich with pine trees are on Mljet island (the highest point is Veli Grad 512 m) and Lastovo island (the highest top is Hum 415 m above the sea level). The landscape was quite different in classical antiquity because of the sinking of the Eastern Adriatic coast from the Antiquity approximatelly 2 m - about 1 mm a year (Begovi, Schrunk 2008, 289-300) and the change of the river banks of the Neretva and Norin. Fig 1 Dubrovnik Neretva County as the part of Roman province Dalmatia In the 4th century BC historical sources mention the emporium Naron on the later site of the Roman colony Narona (Vid near Metkovi). The remains of the forum in Narona with the imperial shrine (the Augusteum) are famous. Another roman colony was Epidaurum (Cavtat). The line of the city aqueduct was documented in traces near Epidaurum. Roman maritime villas were found in Tiha Bay and on Sustjepan promontory near Cavtat, at Polae on the island of Mljet, Sreser, Lumbarda on the island of Korula, Ubli on the island of Lastovo. Early Christian churches at Ston, Slano, Peljeac and Vid near Metkovi add to the rich archaeological corpus in this area (Faber 1966; Marin 2004). At the beginning of the Roman domination, the legatus (governor) of the province of Dalmatia Publius Cornelius Dolabella (14 20 AD) with the legionnaires of the VII and XI legions built five roads, which began in the main city of the province, in Salona, and led to the borders of the province. The two longer roads led north to Servitium and east to Sirmium. Three of them (the shorter ones) were entirely within the territory of Dalmatia. There are the inscriptions carved in the rock near Epidaurus (today Cavtat) telling about the building of these roads (Zaninovi 2008). The major southnorth road went connected Salona - Siscia Poetovio. The graphical database in the project Archaeological Topography of Croatia in Classical Antiquity The objectives of the GIS project are: 1) Building a geocoded database of the archaeological sites in the Republic of Croatia. The first stage is to build a geocoded database of the sites in classical antiquity (4th century BC-6th century AD), then of the prehistoric and medieval sites. 2) Facilitating the use of the graphics data (of different precise value) for different spatial and expertise analyses. 3) Preparing a database of the archaeological sites for the wider circle of data and analysis users. 4) Designing the database to accept the installation of various new graphical data. The graphical database in the project Archaeological Topography of Croatia in Classical Antiquity are digital maps in 1:3000 000, 1:25 000, 1:1 000 (and even more detailed maps), satellite images, electromagnetic surveys, aerial photographs, 3-D models of the terrain, photographs, drawings, and other types of graphical documentation. For each archaeological site a series of 20 data entries are given number, county, municipality, region, geocode (geographical width from Greenwich, England, geographical length from the equator), site (by spatial data and abc), name, part of the site, neighbouring settlement, archaeological museum with the jurisdiction over the site, toponyme, identification data, historical dating, and conducted archaeological excavations and investigations. The professional classification of the archaeological sites and features are: settlement, road, castrum, bridge, villa, architecture, grave, church, monastery, city, forum, temple, theatre, amphitheatre, aqueduct, individual finding, etc. The study of archaeological topography is the basis for knowing the total number of sites, their type, degree of preservation and value, as well as their spatial setting and precise position. The data refer to the entire Republic of Croatia (land, underground, and underwater), with a special emphasis on the architectural heritage of both urban and rural character, as well as archaeological finds and documented historical road network. The data also include historical sources and toponomy. To supplement the data from the existing literature and reports on archaeological excavations, we use data from non-aggressive archaeological methods, such as the interpreting satellite images and aerial photographs, as well as the results of electromagnetic survey - following the recommendations of the European convention on protection of the archaeological heritage. A database is formed and mapping is performed on a topographic map and on a digital map of Croatia. Determination of geographic 144

coordinates (geocode) is done on the basis of topographic maps in the scale of 1:100 000 and town plans (VAH 2002) and by Global Positioning System by reading on the archaeological sites. For the requirement of mapping topographic data a printout was acquired from the graphic base of the registry of spatial units in the digital record in the DWG format. Each attribute card received its datum on the digital map. Fig 2 The Archaeological Sites Roman architecture features as the markers in the landscape Roman colonies The Roman provinces of Dalmatia (Roman administrative division of the imperial territory) are today situated on the south of the Republic of Croatia. The procese of Romanization divided that territory into the colonies of Narona and Epidaur two great centres with their ager. Narona is first mentioned in the historical sources in 4 th century BC the emporium Naron. At the present village of Vid visible are the remains of the ancient architecture of Narona. It is located on the right bank of the river Naron west of Metkovic. It is mentioned as a Greek emporium and later as a Roman colony Colonia Julia Narona. The southeastern part of the hill on top of the Norin River provided the walls of the ancient city of Narona. Top of the city walls was determined by two cylindrical towers, the south and the north wing with towers. In a later phase the new quarter was added. At the bottom of the wall between the Upper and Lower Town are monumental gates. At the entrance lead the road to the ancient city of Narona. Hoard of Roman sculpture were found in the locality Pleas stables. Behind the Roman temple from the 1st Century were found 16 statues of supernatural size showing the emperor and members of royal families, aristocracy and Roman gods. The Roman Forum was located on the site of the village square. The remains of monumental architectural sculpture, pillar bases, pavement mosaics are preserved. The Forum is located at the intersection of two Roman roads - one going from the north from the Salone, and the other towards the sea. The site Ereove ponds outside the fortifications of ancient Narona was found the remains of ancient suburban villa in which the early Christian church had been builtwas built. Fig 3 Epidaurum the city is known from preroman time. On the position of today's city Cavtat on the peninsula are discovered numerous remains of the ancient city of Epidaurum, on which was built the medieval Cavtat. Fig 4 On the peninsula Rat was found the ancient architecture possible the temple. On the peninsula Sustjepan,on the position of today's hotel Croatia was discovered the remains of an roman villa. In the sea are visible remains of the architecture of the pier. In Tiha Bay , on the rock is carved several Roman inscriptions from 1th century. In Tiha Bay there is the remains of roman villa situated close to the ancient city of Epidaurum. Dubrovnik was successor of the Roman Epidaurum when it was destroyed. In 6th century the exising late antique settlement on the position of Dubrovnik was noted in archival sources as a castellum . One of the most reliable documents is about the Administration of the Empire by Byzantine Emperor Constantine Porfyrogenitus (mid 10th century AD), which says that on the territory of todays city (on the cliff Laus) there settled fugitives from the Roman city Epidaurum (Cavtat), destroyed in the first half of the 7th century. At the turn of the 6th to 7th century in the work of so-called Anonymous of Ravenna, Dubrovnik as the successor of Epidaurum is mentioned by the name of Ragusium (Epidaurum id est Ragusium - Epidaurum , that is, Ragusium). Roman sites 1/ Ston Bay Small and Large Prapratna - in Small and Large bay Prapratna are the remains of the Roman architecture of the village; 2/ Trpanj, Bare, Peninsula Peljeac- Bare in the position and pose the old church are the remains of Roman architecture, the room floor covered with mosaics. They found several Roman tombs and fragments of the columns. On the site Trpanjska Duba - the remains of Roman architecture and cemetery with the remains of stone urns. Trpanj, Gradina, al, Peljesac Trpanj above the position forts are well-preserved remains of Late Roman Fort rhomboid-shaped with two rectangular towers; 3/ uljana, Peljeac - just above the village on the road that leads to Janjina are the remains of an ancient necropolis. Along the northern part of the bay uljana found three ancient stone urns. Along the northern edge of the bay at position uljana Meine and stream Elijah are the remains of Roman architecture (Praedium Iuliarum); 4/ Orebi, Peljeac - At the present city Orebic was found a marble stone slabs, which carries the cross brace and akant. Immediately above the present Orebic were found a large quantity of silver money of the Greek city of Tassos. Information on the site are imprecise. An ancient necropoliswere found close to the site Three 145

tombstones from this position are kept in Orebi. On the location of "Stine", which is located near Orebic were found two fragments of Greek pottery decorated with a meander; 5/ Lumbarda, Korula island Near the today village Lumbarda were found several fragments of stone plates with Greek inscription (famous Lumbardas Psephisma). Visible are numerous architectural remains and parts of the temple of Venus Pelagius, and the remains of the necropolis; 6/ Korula, Korula island In the town of Korula were found two Roman stone inscriptions. Along the road near the peninsula the Hellenistic tombs from the 3rd century BC. Near this place Greek vases were found. Along the way on the north side of the field Mindel surface encountered on coarse fragments of Roman pottery; 7/ Saline, Montokuc, Mljet - Montokuc on the hill are the remains of Roman fort; 8/ Church of St. Mary on the lake and the Benedictine monastery, Goveari, island of Mljet - based on ancient sacred building was built the church of St. Mary and the Benedictine monastery on an island in the Great Lake; 9/ Pakljena, church.St Michael, Suura, Elafiti islands- as part of a Benedictine monastery in the village Pakljena stands the church of the early Middle age St. Michael, built on the early Christian building; 10/ Podobavje, island of Korula Roman cementery. Roman villas 1/Maritime villas The second important markir in the landscape were maritime vilas those of Sreser on Peljeac peninsula, Lumbarda on Korula island, Ubli on Lastovo island, Polae on Mljet island and Tiha bay and Sustjepan near Epidaur. 1/ The villa in the harbour of Ubli on the island of Lastovo had a pronounced strategic importance. A prehistoric hill fort fortified village is near Ubli. During the reconnaissance of the site was found a fragment of Greek pottery. In the area of today's handball courts, next to the road and military hotels are visible architectural remains of ancient villa, late antique settlement and early Christian basilica.A protected bay with deep lateral inlets called Mali lago and Veliki lago (which offered protection from winds of different directions) was suitable for the mooring of ships and even for longer stays, before the last leg of the journey over open seas to the Italic coast. This villa, like the one in Lumbarda on the island of Korula and the villa in Polae on the island of Mljet had to be very important points on the maritime route along the eastern Adriatic coast (longitudinal route) as well as the trans-Adriatic route. It was probably the seat of a highly positioned Roman official. The villa in Ubla is positioned on the edge of fertile fields, at the entrance to a narrow valley. It is only partially explored. A sizeable late antique settlement was built on the villa site, featuring an early Christian church (Zaninovi 1995, 92; Jasna Jeli Radoni 2001, 199). Fig 5 2/ On the promontory in front of Sreser on Peljeac Peninsula, there is a spacious villa on the most picturesque part of the sea coast. The rooms facing the sea were explored, some of which had mosaics Parts of the thermal complex and mosaic floors are discovered in the bay, a part of the wall is visible in the sea, the ancient part of the coast and port facilities. On the position Pokuje which is an integral part of the complex discovered three Roman tombs The area belonged to the Narona ager. In the vicinity, at the foot of the Janjina hill-fort, there is another villa in which an inscription was found mentioning Publius Anius Aper and Publius Anius Tiro from the Tribus Tromentina of Narona. Both were decuriones and quattuorviri in the colony of Narona (Fiskovi 1958, 234; Zaninovi 2001, 157). The villa at Sreser is located in the so-called Small Sea (Malo more) between Peljeac and the mainland. Well protected in a quiet bay, it had strategic importance for the mooring of boats and control of navigation toward Narona. In the vicinity of the villa there are fertile lands and vineyards providing much-appreciated sorts of grape even today. 3/ The maritime villa at Lumbarda - its location and masonry are notable. It was located on a promontory, on an elevated, panoramic position, at Lumbarda on the island of Korula, beween two bays named Bili al and Prina. In the bay Bili al some architectural remains were found, which belonged to the harbour and the villa. The site controlled sailing in the Peljeac channel and the route to and from Narona. The villa also sits at the edge of a fertile valley, still today renowned for its vineyards. The site has been surveyed, but not excavated. The layout shows two rectangular buildings (29 x 25 m and 27 x 24 m) connected by a 93 m long, seafront portico 4,66 m wide (Zaninovi 20002001, 151). One preserved wall is built in opus reticulatum, a technique rare in the eastern Adriatic and outside of Italy in general. Fig 6 Lafon discussed the rare appearance of this building method in 146

maritime villas in the provinces and saw it as an indication of property value and of high position of the original owner in relation to Rome. In Italy, this opus is always used in monumental villas, mostly in Augustan or early imperial age. Lafon further quoted Torellis argument that provincial use of this opus was for public architecture and that domestic usage was exceptional. We may have at Lumbarda a villa of an equal status to public architecture and built not only by a Roman architect, but also by Roman masons. We can compare it to the maritime villa in Fornae near Piran. Was the grand cru of this island or its strategic position the reason for this high-power estate? There may be a connection with Appians quote that Octavian occupied Korula and the neighboring island of Mljet (another villas location) during his campaign of 35-33 B.C. and killed and sold into slavery their inhabitants (Illyr. 16). There are two proteced bay Prina and Bili al on the opositte side of the promontory. Villa controled the navigation from Lastovo and open sea to Narona. 4/ The maritime villa on the island of Mljet is situated in Polae Bay facing the Peljeac channel. Now safety rather than control governed its location at the bottom of a deep bay, its entrance protected by a line of small islands.. The village is now called Polae, from Latin palatium. There were two building phases. The early villa had dispersed buildings and only parts of the baths with mosaics have been investigated (Zaninovi 1990, 730). There was a creek flowing into the bay, which would have supplied water to the villa, the baths and perhaps a piscina. The later villa, built in the 5th century, is a compact, two-story cross-shaped building with polygonal corner towers. Its walls are in parts preserved up to 20 meters in height (Fiskovi 1999, 63). Documentary evidence tells us that in 489 king Odoacer gave the entire island, then an imperial estate, to his high official Pierius as a pay-back for his loan. Pierius was the likely builder of the villa, which has been suggested to function as his hunting lodge. Underwater finds in the harbor showed the luxury character of the site from the first to the sixth century. Fig 7 Its military function in the 6th century is attested by North African and Phocaean Red Slip Ware and by North African amphorae. Pottery and architectural evidence indicate that several maritime villas, possibly state owned, became in Late Antiquity fortified settlements and probably military and flotilla bases and commanders posts. Two suburban, maritime villas have been located on each side of Epidaurum, one across the bay on the Sustjepan promontory, the other in Tiha bay, 300 meters from the Epidaurum harbor. The Croatian name Cavtat of this city derived from Latin Civitas. The bay of Epidaurum is protected from the sirocco and the bora and provides good anchorage. Epidaurum was an important port on the shipping line between the Ionian and Adriatic seas and in the trans-Adriatic network. 5/ The villa on the Sustjepan promontory was partially excavated in the early 1970s. It spread over three terraces with porticoes on the first and second. Along the shoreline were remains of a cistern, storage rooms and a mole (Zaninovi 1988, 93). These would indicate that some agricultural production occurred on the site, although none has been confirmed. Thirteen skeletal burials of the mid-late 6th century were found within the walls of the lower portico. Fig 8 6/ The site in Tiha Bay has never been excavated and the modern construction has obliterated Roman structures, except some massive walls of a cistern on the site of Donji Obod (Sutivan). An inscription was found there in 1547, which honored Augustus legate to Illyricum, P. Cornelius Dolabella (Faber 1966, 26). A head and fragments of a statue were also found, perhaps of Dolabella himself. The postulated villa has been traditionally attributed to him as well (Zaninovi 1988, 95). A villa and perhaps an estate of Dolabella would make sense here, but more as a strategic, than an economic asset. Some walls and harbour remains are visible in the sea (Faber 1966, 25). Fig 9 2/ Coastal villas and villae rusticae 1/ Broce, Priba Bay, Peninsula Peljeac- villa rustica; 2/ Duba Ston, Crkvine villa rustica; Fig 10 3/Pomena, Govedari, island of Mljet - villa rustica 4/ Donje elo, Koloep island villa rustica; 5/ Dinga, Cape Rosemary, Idrija, Potomje - villa rustica; 6/ Ston, Bare - villa rustica; 7/ Orebi, Peljeac on the position "Trstenica" which is located next to Orebi there are architectural remains of ancient villas and an ancient tomb; 8/ Blatsko polje, Korula island - villa rustica 9/, Poplat bay, Korula island Roman villa The remains of bath, and mosaic floor are visible. Tegulae fragments with stamps Q CLODI Ambrose and stella, a part of the residential part and farm building are visible; 10/ Gudulija, Vela luka, Sutulija, Korula island Roman villa with architectural remains is clearly visible, fragments of pythos, amphorae, tiles with 147

stamps mostly Pansiana. 11/ Vela luka, Korula island - villa rustica; 12/ rnovno bay, Korula island villa rustica, olive press and vaulted cistern. 13/ Donje polje near Smokvica, island of Korula villa rustica with larger pieces of ceramic floor; 14/ Sevce, Korula island- villa rustica;15/ Vinja polje, Korula villa rustica, part of pythos labeled volumes (XXI) and fragments of an amphora have been found; 16/ Prapratna - On a mild pass between fields and bays Prapratna Mirje there are the remains of large Roman villa rustica. Torkular podium was found there; 17/ Majsan island - villa rustica; 18/ Javi, Korula - villa rustica; 19/ Knea, bay Knea, Korula - villa rustica. It was discovered the heating system (hypocaust), parts of the mosaic floor; 20/ Ereove bare near Narona villa suurbana; 21/ Borovci near Kula Norinska; 22/ Slano; 23/ Lapad near Dubrovnik - there are the remains of a rural-agricultural building (villa rustica) and were found a marble head from the 1 century AD and Roman coin of Gordian from 3th century AD; 24/ Mlini near Epidaurum villa is located near the fertile land of Konavli. Its remains show some elements of monumental architecture, (there were found marbles, mosaics, and the coins of Galeria, Maksimian, Herculia, Constantin I and Cons tantin II (Zaninovi 1988, 97). Conclusion In the course of the ongoing research project Archaeological Topography of Croatia in Classical Antiquity the application of a new GIS procedure made it possible to make reconstructions of some Roman sites and past landscapes (landscape in classical antiquity) on the territory of today Dubrovnik-Neretva County (Croatia) The GIS approach to the study of changes in historical landscapes indicated that the greatest transformation of the landscape occurred in the Roman period. Territorial creativity was high in the Roman time, when a completely new landscape identity appeared after the 2nd/1st century BC in Dalmatia. The new markers in the landscape consisted of: 1) Military camps; 2) Cities colonies and settlements; 3) Roman villas; 4) A network of roads and aqueducts; 5) Ports. We started with the study of Roman architectural features as the markers in the landscape. The goal of the project Archaeological Topography of Croatia in Classical Antiquity is to build a geocoded database of the archaeological sites on the territory of the present-day Republic of Croatia. The collaborative project "A New GIS Procedure for the Reconstruction of the Landscape in Classical Antiquity" has the objective to reconstruct ancient landscapes and study long-term changes in archaeological landscapes relative to the physical geography. In the initial phase we have focused on the Roman settlements (urban and rural, military and civilian) and on the Roman roads and aqueducts and studied their spatial interrelationship and their relationship to the physical geography. And the study of ancient ports as well. These were the most important markers in the landscape of the changes brought by the Roman domination. The imperial exploitation of the countryside extended into the adjacent wetlands and forests, changing the landscape. Such lands were systematically drained or cleared and used for cash crops, what intensified the building of towns and of rural villas. Roman settlement had the roots in the commercial and strategic needs of the expanding power in the eastern Adriatic territory and in the exploitation of the local resources. Roman villas as the centres of the agriculturally productive landscape were settled and connected in relationship to military camps, veteran colonies and civilian trading and manufacturing sites. The Romans established in the provinces a communication network of waterways and land roads, both imperial highways and regional roads, whose traces are often found archaeologically. Local roads are the least visible in archaeological record, but could be reconstructed based on spatial relationship between rural villas and urban settlements. Navigable rivers have always been major communication arteries, connecting nucleated or dispersed settlements and entire regions. The maritime routes along the eastern Adriatic coast were the easiest way in connecting the Mediterranean region with the middle Europe. The archaeological topography of the Early Roman Empire is best researched so far. The landscape of this period is studied on the base of several aspects: 1) The territory and agricultural area around cities and colonies (Roman ager); 2) The landscape around villas agriculture and forestry area, riverside, coastal and island landscape, especially of maritime villas; 3) Agriculture and forestry landscape close to the Roman roads and aqueducts. The long-term change in natural landscape is most noticeable along the Eastern Adriatic coast, which has sunk about 2 meters in the last 2000 years. The consequences of this phenomenon are clearly visible on the now submerged Roman architectural

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features. Changes along the river banks and in the river courses are more difficult to document in archaeological record. Some have been studied on the territory of Narona in the Neretva delta. Maritime villas visibly stood out in the landscape and were important, marked orientation points. They have guard facilities (mentioned by Pliny the Younger) with panoramic views, from which the vast sea areas and important maritime routes between the islands and land could be controlled. Besides having a residential purpose, they also played an important role in navigation in general along the eastern Adriatic coast. Villas also meant safe and protected ports, supplies of food and water for ships, and the repair of vessels and ship equipment. They were linked with urban centres, with which they formed a network of navigation and stopping points. They were located in strategically important places on maritime routes and played an important role in signaling as we can see from the Roman wallpaintings (maritime villas with light house) from Pompei and Stabiae. In our study we noticed a significant difference between the Early Empire period and the late antique period in the economy and the exploitation of the land with consequences on the landscape. In Late Antiquity, the economic and strategic function, especially of the villas near the main roads and on the shipping routes, was essential. The villas were still central in the landscape of Histria in the sixth century when Cassiodorus wrote in a letter how they glistened far and wide, like a line of pearls (Variae XII, 22). The development from Roman villas to late antique settlements, are known from some sites in Dalmatia. The extent of research and archaeological excavations is uneven and the topographic data and the possibilities for reconstruction of ancient landscapes will be different for the various part of Roman Dalmatia.

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FIGURES

1.

Peutingeriana Map from 4th century part of Roman Dalmatia

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2.

The digital map of Dubrovnik Neretva County with archaeological sites (D. Kerekovi)

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3.

Neretva delta with coastal swamps

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4.

Cavtat - today city built on the remains of antique Epidaurum

5.

Maritime villa in Ubli, island of Lastovo with protected bays of Veli i Mali Lago

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6.

Maritime villa on Lumbarda, Korula island

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7.

Maritime villa on Polae, island of Mljet

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8.

Maritime villa on Sustjepan promontory near Epidaurum

9.

Roman inscriptions curved in the rock in Tiha Bay 1 century AD

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10.

Ston city and surrounding aerial photo

SOURCES
1. 2. 3. 4. APPIANUS translate 1912, Appianus of Alexandria, Appian's Roman History (Historia Romana), The Loeb Classical Lobrary 4, Cambridge: Harvard University Press PLINY THE ELDER translate 1942, Pliny the Elder, Natural History (Naturalis Historia), LCL, Cambridge: Harvard University Press PLINY THE YOUNGER translate 1962, Pliny the Younger, Epistulae, Bloomington: Indiana University Press M. Vitruvius P. 1958, De Architectura libri decem, trans. M. Lopac, Sarajevo

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BIBLIOGRAPHY
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. B. Bass, B. Kirigin, D. Radi, Suac 97, Obavijesti HAD-a, br. 3, god. XXIX/1997., Zagreb V. Begovi, I. Schrunk 2004, Roman Villas in Istria and Dalmatia: Maritime villas, Prilozi IARH 21, Zagreb, 65-90 V. Begovi, I. Schrunk, 2007, The Brioni islands, Zagreb. V. Begovi, I. Schrunk 2008, Rising of the sea level on the eastern Adriatic coast since antiquity evidence of Roman villas sites, Disaster Management and Emergency Response in the Mediterranean Region, First EARSeL Conference 2008, Zadar, 289-300 V. Begovi, D. Kerekovi, I. Schrunk 2009, The archaeological Topography of Croatia in Classical Antiquity, Roman Villas in Croatia (part of Roman Pannonia, Histria and Dalmatia), Time, GIS @ Future, Zagreb, 131-142 V. Begovi, I. Schrunk 2010, Cultural Heritage Between the Mountains and the Sea in the Eastern Adriatic, Remote Sensing for Science, Education, and Natural and Cultural Heritage, EARSeL Conference 2010 Paris, 19-28 J. Belamari, Vodi Lastova, Split, 1985. R. Bennett et all, 2008, Eocene to present subduction of southern Adria mantle lithosphere beneath the Dinarides, Geology, vol. 36, Issue 1, 3-6 Bojanovski 1974, Dolabelin sistem cesta u rimskoj provinciji Dalmaciji, Sarajevo Z. Brusi 1988, N. Cambi 2000, Antika, Split B. Cigrovski-Deteli, D. Tuti, D. Udovii 2010 Nature Parks in the Republic of Croatia, GIS Forum, Space, Heritage @ Future, Zagreb, 82-92 Durman 2007, One Hundred Croatian Archeological Sites, Zagreb Faber, 1966, Prilog topografiji ilirsko-rimskog Epidaura, Opuscula Archaeologica, 6, Zagreb, 25-38 Fiskovi 1958, Spomenici otoka Mljeta, Otok Mljet, JAZU, Zagreb. Fiskovi, Peljeac u prethistoriji i antici, Peljeki zbornik, Potomje 1976. Fiskovi, Peljeac u protopovijesti i antici, Peljeki zbornik, Potomje 1976. G. Hudec, V. Begovi 1993 Mogunosti primjene digitalne obrade aerosnimaka u pripremi arheolokih istraivanja Possibilities of using aerial photos in preparations of archaeological excavations. Bilten savjeta za daljinska istraivanja i fotointerpretaciju, Croatian Academy of science and art, Zagreb 12 7783 J. Jelii Radoni 2001, Rimsko naselje u Ublima na Lastovu, Izdanja HAD, Zagreb, 197-220 B. Kirigin, E. Marin 1989, Arheoloki vodi po srednjoj Dalmaciji, Split Marin et al. 2004, The Rise and Fall of an Imperial Shrine, Roman Sculpture from the Augusteum at Narona, Split Radi, Topografija otoka Korule, Izdanja HAD 2000/2001., Zagreb M. Sui, 2003, Antiki grad, Zagreb Veliki atlas Hrvatske 2002, Zagreb ,Mj 1:100 000 M. Zaninovi 1988, Villae rusticae na podruju Epidaura, Arheoloka istraivanja u Dubrovniku, Izdanja HAD, sv. 12, Zagreb M. Zaninovi 1990, Sol u antici nae obale, Zbornik Akademije nauka Bosne i Hercegovine, Sarajevo, 255-264 M. Zaninovi 1994, Ranokranske crkve kao postaje plovnog puta du istonog Jadrana, Vjesnik za arheologiju i historiju Dalmatinsku, 86/1994., Split M. Zaninovi 1995, Villae rusticae u pejsau otoka i obale antike Dalmacije, Histria antiqua 1, Pula M. Zaninovi2 000./2001, Antike podjele zemljita na Koruli i Peljecu, Izdanja HAD., Zagreb M. Zaninovi 2008 Rimska osvajanja Nagrada Ine za promicanje hrvatske kulture u svijetu za 2007, Zagreb, 55-57

19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30.

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4. ECOLOGY

PHYSICAL PLANNING IN RURAL AREAS IN THE CONTEXT OF LAND PROTECTION AGAINST FLOODS
Marta Smal Warsaw University of Technology Faculty of Geodesy and Cartography Department of Cadastre and Land Management SUMMARY The fight against floods, aiming at prevention of those events, as well as limitation of their adverse impacts, such as: direct hazards for humans, the humans health or even life, the environmental degradation, as well as economic losses, have been still continued. Regardless the recurrence and the global nature of related issues, they have not been sufficiently solved and water still floods highly urbanised (cities) and rural areas. The higher level of urban management of areas along rivers, the higher material losses. The analysis of flood protection means and methods, used in the past, and their low efficiency have forced the introduction of modifications in concepts concerning flood protection. The widely understood spatial planning is one of the innovative methods, being the highly important issue at the stage of creation of the spatial policy with respect to flood protection. Keywords: flood, spatial planning. 1. INTRODUCTION For many years humans have been fighting against natural calamities, understood as natural catastrophes or technical breakdowns, which impacts are dangerous to human health or life, to possessions or to the natural environment. Among natural calamities, droughts, large fires, earthquakes, eruptions of volcanoes, hurricanes and among others floods can be distinguished. The flood definition is included in Art.2 of the Directive 2007/60/WE of the European Parliament and of the Council of October 23 1007 on the assessment and management of flood risks, flood means the temporary covering by water of land not normally covered by water.... Floods are natural events, which have been occurring for centuries. Fighting against floods, aiming at protection against such events, as well as limitation of their negative impacts, such as direct hazards to human health or life, degradation of the environment, economic losses, have been still continued. Regardless the recurrence and the global nature of related issues, they have not been sufficiently solved and water still floods highly urbanised (cities) and rural areas. In Europe the number of floods and resulting losses has been growing. Climate changes and human activities, such as: Increase of housing areas, resulting in the increase of values of estates in flooded areas, Incorrect ways of land use in those areas, resulting in lowering their natural retention potential. contribute to the increase of the probability of floods. Figure 1 presents the flooded areas in Europe in the period of 1998 2005.

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Fig. 1. Floods in Europe in the period 1998 - 2005. (source : EEA based on Global Active Archive of Large Flood Events, Dartmouth Flood Observatory).

Flood protection has been for centuries connected with subjugation of rivers by regulating their natural courses and constructing embankments. Initial benefits of such operations, such as, first of all, newly acquired areas which could be used for building purposes, as well as acquisition of fertile soils, turned to have tragic results after successive floods. Hydrotechnical structures, although improving activities, are not capable to stand increasing inflows of water. Therefore, floods results in high material losses. The higher level of urban management of areas along rivers, the higher material losses. The analysis of flood protection means and methods, used in the past, and their low efficiency have forced the introduction of modifications in concepts concerning flood protection. Among innovative methods, the widely understood spatial planning is mentioned, as a very important issue at the stage of development of the spatial management and development in the context of flood protection. The objective of this paper is to analyse protection of rural areas against floods, using the institution of spatial planning. 2. PHYSICAL PLANNING IN THE EUROPEAN UNION Physical planning is one of the basic elements of the national spatial policy. The term spatial planning means all activities undertaken by public bodies, in order to determine the destination and methods of land management. The bases for spatial planning are sustainable development (being the universal rule of the European Union) and the spatial order. In the process of spatial planning, independently on the country, first of all urban and architectural requirements are considered, together with landscape values, environmental protection requirements, as well as protection of the human health and safety of people and estates.

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In the European Union countries spatial planning is performed at the high level. Although management of functional-and-spatial structures is performed in many ways, in particular countries, priorities being the basis for that process are always the same. They include, among others: Limitation of uncontrolled urban development; Environmental protection; Integrated development in all European Union countries. At the beginning of the nineties of the 20th century the European Union commenced certain activities aiming at determination of spatial management perspectives within the Union. The first document which defined strategic directions of spatial management in Europe, which covered the entire European Union, was the document titled European Spatial Development of the Territory of European Union (ESDP). This document was adopted in 1999. It formulated conditions and trends of spatial development in relation to the environment, demography and economic development. The objectives of the spatial development of the Community countries were defined as: Social and economic coherence; Conservation and management of the cultural heritage and natural resources; Balanced competitiveness of Europe. Aiming at intensification of activities related to spatial planning, the multi-year research programme, the European Spatial Planning Observation Network ESPON, was introduced in the period 2000 2006r. It is the co-operation network between bodies, which are dealing with spatial management in the European Countries, Norway and in Switzerland. By means of implementation of many research works concerning spatial management, it was possible to notice analyses of trends of regional and territorial development in Europe. The Programme was extended for the years 2007-20013. Analyses are performed by numerous international teams of researchers, the results of which consists of many reports concerning various aspects of spatial management. From the spatial planning point of view, in the aspect of flood hazards, the report titled Climate Change and Territorial Effects on Regions and Local Economies may be important; in this report climate changes and their physical, social, economic, cultural and environmental impacts were determined. It could be expected, that the highest impact of climate changes, which results in more frequent floods, is related to the economic aspect. This refers, in particular, to rural areas, including agriculture and forestry, which economic products highly depend on the climate. Therefore, in the spatial planning process resignation from the use of flood hazarded areas, in a way, which is sensitive to results of flooding, should be considered. It should be remembered that climate changes and forecasted growth of summer and winter falls lead to the increase of frequency and volume of hazards related to floods. 3. THE FLOODS DIRECTIVE AND PHYSICAL PLANNING After the series of catastrophic results of the Rhine Rive floods, among others in December 1993 and 13 months later, where such cities as Cologne or Bonn were flooded, the highest attention started to be paid to the flood hazard issue. Many important conclusions were drawn from the above floods. The first of them was the lack of the real control of the flood development, as well as unreliability of hydrotechnical means, considered as a way of flood protection. It turned out that the existence of hydrotechnical structures results in the false feeling of safety and it contributes to the vicious circle of flood protection. The presence of flood banks or retention reservoirs results in building activities performed in areas hazarded by floods. After the flood, when the structures are damaged by water, causing many losses, the issue of improvements and reconstruction of those structures arises, what leads to further management of areas hazarded by floods. The successive flood occurs and ... the entire cycle repeats. Is could be assumed that in order to break the vicious circle of flood protection locating of buildings and other infrastructure (which is not related to flood protection activities) on areas hazarded by floods should be entirely forbidden. Additionally, construction of floods banks should be stopped along those rivers for which flood banks have not been constructed

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yet. Those are the decisions which should be made at the stage of spatial planning for the areas hazarded by floods. Floods, which after the Rhine River floods, occurred in Poland and Switzerland, confirmed the soundness of presented conclusions and they influenced the change of the ways of consideration of the then existing flood protection means. Wide methods of flood protection have been collected and presented in the document titled The optimum solutions in flood prevention, protection and in mitigation of flood results, which was created during the informal meeting of the European Union members and the representatives of candidate countries, as well as Norway and Switzerland, in November 2002. Among others, the following statements were adopted at this meeting: Activities related to determination of flood risks should be referred to the entire river basin; Non-technical means of flood protection should be supported, which in longer perspective are more efficient than conventional flood prevention activities; The flood protection efficiency may be only reached by interdisciplinary operations, including spatial planning, education, systems of insurance, alert systems, hydrotechnical structures, restoration of natural retention areas; The best flood protection method is determination of the flood risk and management of this risk. Tragic impacts of floods in the European Union, as well as conclusions included in the document titled: The optimum solutions in flood prevention, protection and in mitigation of flood results, contributed to creation of the Directive 2007/60/WE of the European Parliament and of the Council, of October 23, 2007 on the assessment and management of flood risks, which is commonly known as the Floods Directive. Following Art.1. of the above Act, The purpose of this Directive is to establish a framework for the assessment and management of flood risks, aiming at the reduction of the adverse consequences for human health, the environment, cultural heritage and economic activity associated with floods in the Community. The flood risk was defined as follows: flood risk means the combination of the probability of a flood event and of the potential adverse consequences for human health, the environment, cultural heritage and economic activity associated with a flood event. The first stage of flood protection activities undertaken by the member countries should be the preliminary evaluation of the flood risk (performed by December 22,2011), and based on information concerning the impacts of climate changes on floods, including, among others: Maps of river basins also presenting with land management and topographic features, Descriptions of floods, which occurred in given areas in the past, with consideration of flood expansions, courses of flood waves, under the condition that such floods are still possible, Evaluation of forecasted adverse consequences of future floods, with particular consideration of: location of water streams, the terrain topography, geomorphological and hydrological features, as well as analysis of effectiveness of the existing flood protection infrastructure. Some cases exist, when the EU members are not obliged to perform the preliminary assessment of the flood risk (Art. 13 item 1 of the Directive) for those river basins, which: (a) already undertaken a risk assessment to conclude, before 22 December 2010, that a potential significant flood risk exists or might be considered likely to occur leading to the identification of the area among those referred to in Article 5(1) or (b) decided, before 22 December 2010, to prepare flood hazard maps and flood risk maps and to establish flood risk management plans in accordance with the relevant provisions of this Directive. 25

Directive 2007/60/WE of the European Parliament and of the Council, of October 23, 2007 on on the assessment and management of flood risks. Art.5 item 1: On the basis of a preliminary flood risk assessment as referred to in Article 4, Member States shall, for each river basin district, or unit of management referred to in Article 3(2)(b), or portion of an international river basin district lying within their territory, identify those areas for which they conclude that potential significant flood risks exist or might be considered likely to occur.

25

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After elaboration of the preliminary flood risk assessment, each EU member is obliged to edit flood hazard maps and flood risk maps, by December 22, 2013, for the areas qualified during the stage of the preliminary floor risk assessment. Flood hazard maps should cover the areas, for which flood may occur with diversified (low, medium or high) probability. For each of three possibilities, the following elements should be presented: the flood extension, depth of water and the water flow velocity, in justified cases. The flood risk maps should present adverse impacts of the flood which already took place, considering the following data, in accordance to Art.6 item 5 of the Directive: (a) the indicative number of inhabitants potentially affected; (b) type of economic activity of the area potentially affected; (c) installations as referred to in Annex I to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (1) which might cause accidental pollution in case of flooding and potentially affected protected areas identified in Annex IV(1)(i), (iii) and (v) to Directive 2000/60/EC; (d) other information which the Member State considers useful such as the indication of areas where floods with a high content of transported sediments and debris floods can occur and information on other significant sources of pollution. It is worth to notice that flood risk maps may be one of the basic planning tools, which may be used for designing related to spatial development of flooded areas. The above maps may be the basis for creation of flood risk management plans, which should include: conclusions (in the form of a map) from the preliminary flood risk assessment, flood hazard and flood risk maps, created earlier, as well as the description of objectives, formulated according the Art.7, item 2: Member States shall establish appropriate objectives for the management of flood risks for the areas identified under Article 5(1) and the areas covered by Article 13(1)(b), focusing on the reduction of potential adverse consequences of flooding for human health, the environment, cultural heritage and economic activity, and, if considered appropriate, on nonstructural initiatives and/or on the reduction of the likelihood of flooding. Besides, the flood risk management plans should consider aspect concerning flood prevention (including early warning systems) and aspects related to protection of humans and lands. According to the Directive such plans should be developed by December 22, 2015. It is important that flood risk management plans should cover all aspects of water management, spatial planning, natural protection, land management, transportation and urban development. Additionally, representatives of international, national, regional and local authorities should participate in creation of those plans, together with representatives of interested bodies and the society. Flood risk management plans may cover activities aiming at the balanced spatial management. If flood hazards and flood risk maps, as well as flood risk management plans, created before December 22, 2010, they may be used by the member countries under the condition that the content of those maps and plans is consistent with the Directive. All above documents, created as a result of special works, should be distributed in public. Additionally, in the course of documentation development it is required that it is consistent with regulations of the Directive 2000/60/WE of the European Parliament and of the Council, of October 23, 2000 establishing a framework for Community action in the field of water policy. In the case of the first creation of flood hazard maps and flood risk maps and their successive reviews, this means, that their content should be consistent with the regulation of this Directive. Additionally, the characteristics of each river basin area, determination of impacts of human activities on surface and ground waters, as well as economic analysis concerning utilisation of water, should be performed by the year 2013 and then once every six years. The regulations of this Directive also assume that the flood risk management plans will be also updated every six years. 4. FLOODS AND PHYSICAL PLANNING IN POLAND The spatial planning system in Poland has three steps: the national level, the local level and the regional level. The hierarchic structure of the system is important, since the system is to guarantee the spatial order and implementation of the spatial policy objectives. The implementation priority is 165

assigned to decisions undertaken at the highest level and decision made at each level should support the higher level decisions. The legal act, which regulates spatial planning issues is the Act of March 27, 2003 on spatial planning and management (Official Journal 2003, No. 80, item 717 uniforms text with later amendments), which specified the scope and methods of proceeding on the course of determination of destination of areas for various purposes, as well as the rules concerning management and development of such areas. The basic instruments of development of the spatial policy are: At the national level the concept of spatial development of the country, which considers the rules of the country sustainable development, developed by the Strategic Studies Governmental Centre, which performs studies and analyses, as well as prepares programmes and develops ideas concerning the strategic planning issues, and forecasting the economic and social development. On April 27, 2012 The National Spatial Development Concept was published; its objective is to achieve the better economic, territorial and social consistency of the country, ensuring, at the same time, the balance of development processes. This concept considered Hazards and Natural Obstacles, including floods. Figure 2 presents the flood hazards in Poland.

Valleys of flooding rivers and flooded areas Borders of river basins Reservoirs being an important flood hazard Cities particularly hazarded by floods

TYPES AND COEXISTING TYPES OF FLOODS Storm water thaw summer floods caused by heavy rains

Storm floods Jam floods Rain fall floods Thaw floods

Fig. 2. Flood hazard in Poland. (source: National Spatial Development Concept 2030).

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The basic policy related to flood protection is to be restoration of the space of rivers in all places, where it is possible. Returning lands back to rivers concerns, in particular, rural areas of considerably lower urban development level than cities. Additionally, in the yare 2030, early warning systems against natural hazards are to be designed and implemented. From the spatial planning point of view, the statement concerning radical limitations of building development in flooded areas, it is also important. What refers to technical means of flood protection (successive flood protection reservoirs or other means of regulation of water flows) their creation will be decided bby the analysis of demands of flood protection, with particular consideration of protection of eco-systems. Such approach to spatial planning in the field of flood protection will result in limitation of hydrotechnical structures and development of river valleys in such a way that they become capable to stop waters, to slow down water flows and to allow for water overflow. Flood banks should be extended, in order to increase river capacity, according to the main trend of the new concept of flood protection let us return back the space to rivers. Both, the rational development of the technical infrastructure, as well as utilisation of non-technical flood protection means should be co-ordinated by the spatial planning. Designing land use forms and placing the structures of areas responsible for the presence of water in areas hazarded by floods, should be closer related to spatial planning. Introduced solutions should protect inter-field and wayside trees of high natural value, green areas as well as marshy grounds. The created natural spatial structures, covering arable lands and forests and rivers of streams will have the impacts on development of functional areas of cities, but, first of all, on development or rural areas and renovation of villages. The National Spatial Development Concept assumes that - apart from the spatial planning level (national local, regional) additional planning instruments of water management will be applied (i.e. such instruments, which are specified in the Directive 2007/60/WE of the European Parliament and of the Council, of October 23, 2007 on the assessment and management of flood risks), together with water management plans for river basins, flood risk management plans and plans of reduction of impacts of droughts and conditions of the use of waters from a water region and a river basin. At the voivodship (province) level the voivodship spatial development plan, created by voivodship assemblies, which are responsible for studies and analyses, periodical reviews of changes in spatial development, as well as creation of concepts and programmes related to areas and issues of spatial planning, as well as introduction of resolutions of spatial development plans into local spatial development plans and creation of voivodship strategies. At the municipal level the local spatial development plan. The most important planning document in Poland is the local spatial development plan, which is the act of the local law, created by the mayor or the town or the city president. It concerns the spatial management of the given area and it regulates the formal-and-legal bases of investment processes (among other the building development of a given area and rules of lands division and consolidation), with exclusion of closed areas. The local plan must be consistent with the study of conditions and directions of spatial development 26 and with remaining regulations concerning the development of areas covered by the plan. The following elements should be, among others, determined in the local spatial development plan: Destination of areas and right-of-way lines for areas of various destination or various land use methods; Boundaries and ways of management of areas or objects, subjected to protection, including areas hazarded by floods. The act of March 27, 2003 on spatial planning and development (Official Journal 2003, No. 80, item 717 unified text with later amendments) specifies the obligation to consider areas hazarded by floods also in the study of conditions and directions of spatial development of municipalities and in spatial management plans of voivodhips, although those plans are not the local law acts.
The study of conditions and directions of spatial development of a municipality the document which is not the local law act, but which relates the municipal bodies with the process of preparation of local spatial development plans; it specifies the spatial policy (directions of land management changes), including local rules of spatial development; this document is developed for the entire municipality, it consists of a graphical and a descriptive part.
26

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With reference to development of areas hazarded by floods, the opinion of the head of the Regional Water Management Authority 27, concerning the solutions proposed in the study of conditions and directions of spatial development. Both, in the local spatial development plan, and in the study of conditions and directions of spatial development, flood protection plans of the water region should be considered, which are developed by the head of the Regional Water Management Authority. With reference to flood protection, with respect to spatial planning, co-operation of local government authorities with appropriate managers of regional water management authorities is required. Appropriate settlements should be made for the needs of the study of conditions and directions of spatial development of a municipality and the voivodship development strategy concerning management of areas hazarded by floods, as well as the local spatial development plan and the voivodship spatial development plan, with respect to management of protective zones of water intakes, protective areas of inland water reservoirs and areas hazarded by floods. 5. FINAL REMARKS AND CONCLUSIONS From the beginning of their history humans are struggling with floods, which result in enormous losses. Analysis of existing means and ways of flood protection, as well as the lack of their efficiency, force the introduction of changes in the concept of protection, independently on the region of Europe, hazarded by floods. Considering the unreliability of the existing means of flood protection (hydrotechnical structures, first of all) the issue should be considered in a different way. Spatial planning is extremely important in relation to thet issue. Among all objectives of spatial planning, limitation of functions of the areas hazarded by floods and reduction of flood risk should be the elements of particular attention. Spatial development acts on the forecast basis and it creates prophylactic protection. Escalation of the flood hazard issues forces the creation of appropriate legal regulations. In the European Union the Directive 2007/60/WE of the European Parliament and of the Council on the assessment and management of flood risks, which is commonly known as the Floods Directive, was approved. The Floods Directive requires the long-term planning process, which will be performed in three stages. The member countries are obliged to perform the preliminary assessment of flood risks and to create flood risk maps, as well as to finally create the flood risk management plans. Resolution of the Floods Directive forces the necessity to co-ordinate planning activities with works performed by experts from other fields, concerning the ways of flood protection and crisis management. Interdisciplinary co-operation is important, first of all, at the stage of creation of flood hazard maps, which are among the basic planning tools and their creation requires contribution made by hydrologists, meteorologists, surveyors, planners and cartographers. The basic rules in spatial planning are the spatial order and the rule of sustainable development. It seems that - in the longer perspective it will be more efficient to apply nontechnical, environmental friendly ways of prevention, instead of technical means of flood protection. Unreliability of hydrotechnical structures should be considered; they should not be the basis for false feeling of safety in the case of floods. Therefore, new building development in areas hazarded by floods should be totally forbidden, and the existing urban areas, hazarded by floods, should be appropriately protected. Additionally, new areas of retention should be created and the surface retention should be increased. In the case of spatial planning, preferred ways of land use, appropriate for areas hazarded by floods, should be considered. This refers, first of all, to spatial development in rural areas, where protection of areas may be performed, for example, by appropriate designing of roads or land parcels, in a way, which considers demands of retention of water. In 2010 floods of very wide extension occurred in Poland. They resulted in enormous devastations. The spatial development policy of the country should face the challenge, which is the need to ensure the safety by means of commencing activities aiming at limitation of flood risks.

27

Regional Water Management Board is the state budget institution, responsible for water management and utilisation of waters in the water region.

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Due to these circumstances and considering the possibility of repeatability of flood events, intensive works concerning regulations of legal, technical and organisational aspects in this field should be commenced. Protection against natural hazards has not been sufficiently considered in spatial planning activities, both at the national, and the regional levels. The basic document of spatial planning in Poland the local spatial development plan, has been created for about 25% of the country area. The basic purpose of generation of losses caused by floods is urban development of areas hazarded by floods, as well as introduction of settlement type building development, whilst the local spatial development plan is the document, which should determine the destination of areas. Finally it should be stated that the national spatial policy should aim at the increase of flood protection by technical and non-technical investments. It is necessary to integrate the spatial planning process with other planning documents concerning water management, such as; flood hazard maps, flood risk maps and flood risk management plans. The spatial planning is one of the basic instruments of protection of the environment, as well as the safety of humans and properties. Therefore the issues related to flood protection should be considered in planning documents.

REFERENCES 1. Dyrektywa 2007/60/WE Parlamentu Europejskiego i rady z 23 padziernika 2007 r. w sprawie oceny ryzyka powodziowego i zarzdzania nim. The Directive 2007/60/WE of the European Parliament and of the Council of October 23,2007 on the assessment and management of flood risks 2. Dyrektywa 2000/60/WE Parlamentu Europejskiego i Rady z dnia 23 padziernika 2000 r. ustanawiajcej ramy wsplnotowego dziaania w dziedzinie polityki wodnej, The Directive 2000/60/WE of the European Parliament and of the Council of October 23, 2000 seting the frames of the Community activities in water policy area.. 3. Ustawa z 18 lipca 2001 r. Prawo wodne, Act of July 18, 2001 the Water Law, (Dz.U. 2005, Nr 239, poz. 2019 tekst jednolity z pn. zm) Ustawa z 27 marca 2003 r. o planowaniu i zagospodarowaniu przestrzennym Act of March 27, 4. 2003 on physical planning and management, (Dz.U. 2003, Nr 80, poz. 717 tekst jednolity z pn. zm). 5. European Spatial Development of the Territory of European Union (ESDP). 6. Climate Change and Territorial Effects on Regions and Local Economies (ESPON). 7. Optymalne rozwizania w zakresie zapobiegania powodziom, ochrony przeciwpowodziowej i ograniczania skutkw powodzi, The optimum solutions in the field of protection against floods, flood protection and limitation of flood results.. 8. Koncepcja Zagospodarowania Kraju 2030, The National Spatial Development Concept. 9. Wdraanie Ramowej Dyrektywy Wodnej i Dyrektywy Powodziowej, Implementation of the Water Framework Directive and the Floods Directive, J. elaziski, Warszawa 2010. 10. Towarzystwo na Rzecz Ziemi Przyjazne rodowisku metody ochrony przed powodzi, Environmental friendly flood protection methods, The Society for the Earth, Owicim 2004.

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THE CULTURE OF NEGLECT IN A SHADOW OF JAPANESE APPOCALYPSE - SOME CONCERNS ON FUKUSHIMA NUCLEAR ACCIDENT INDEPENDENT INVESTIGATION COMMISSION ONE YEAR SINCE THE DISASTER
Maria Stybliska Institute of Computer Science, University of Silesia, Poland ul. Bdziska 39, 41-200 Sosnowiec e-mail: maria.styblinska@us.edu.pl 0048 32 36 89 716 Abstract The Great East Japan Earthquake off the Pacific March11, 2011 coast of Tohoku Earthquake changed our thinking about the safe nuclear energy and nuclear power plants and opened the doubts and threatens. After the year since that tragic disaster The Fukushima Nuclear Accident Independent Investigation Commission publised its report. They said the nuclear crisis at the Fukushima Daiichi power plant in Japan was a "man-made disaster" or Japan made that unfolded as a result of collusion between the facility's operator, regulators and the government, an independent panel said in an unusually frank report. Also the report mentioned about the culture of neglictans which seems to be characteristic for Japan. The paper considers the report and some other problems increased cause of earthquake and tsunami damaged of nuclear reactors in Fukushima Daiichi. The Fukushima radiation leak is a soft-kill operation against the people and ecosystem. The results have the apocalyptic dimensions and unforeseen consequences for the global life. Key words: natural disasters, technological disasters, cultre of neglect, radioactive hazards, ethical dilemmas, Japans Commission Report, Fukushima Nuclear Accident Independent Investigation Commission Introduction One Year Since the Japanise Appocalypse Fukushima Nuclear Accident Independent Investigation Commission The 2011 earthquake off the Pacific coast of Thoku (Thoku-chih Taiheiy Oki Jishin was a magnitude 9.0 (Mw) undersea mega thrust earthquake off the coast of Japan that occurred on 11 of March 2011, with the epicenter approximately 70 kilometers (43 mi) east of the Oshika Peninsula of Thoku and the hypocenter at an underwater depth of approximately 32 km (20 mi), was the most powerful known earthquake ever to have hit Japan, and one of the five most powerful earthquakes in the world since modern record-keeping began in 1900. The earthquake triggered powerful tsunami waves that reached heights of up to 40.5 meters (133 ft) and which travelled up to 10 km (6 mi) inland (1). The tsunami caused a number of nuclear accidents, primarily the ongoing level 7 meltdowns at three reactors in the Fukushima Daiichi Nuclear Power Plant complex, (at least four) and the associated evacuation zones affecting hundreds of thousands of residents. Many electrical generators were taken down, and at least three nuclear reactors suffered explosions due to hydrogen gas that had built up within their outer containment buildings after cooling system failure. Residents within a 20 km (12 mi) radius of the Fukushima Daiichi Nuclear Power Plant and a 10 km (6.2 mi) radius of the Fukushima Daini Nuclear Power Plant were evacuated. The Great East Japan Earthquake off the Pacific coast was the most powerful known earthquake to have hit Japan, and one of the five most powerful earthquakes in the world overall since modern record-keeping began in 1900 (2).

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The world`s worst nuclear disaster in a quarter center could have been avoided: that is according to a new Japanese investigation. The tsunami that hit Japan in 2011 killed more than 15,000 people; the cooling system at one of the Fukushima Daiichi reactors failed, the ensuing fallout was categorized as bad as Chernobyl. And it saw 200,000 people being forced to evacuate. The estimated clean-up costs anything up to 250 billion US dollars (8). After the year since the beginning of the Japans Appocalypse was published the report by the Fukushima Nuclear Accident Independent Investigation Commission, which outlines errors and willful negligence at the plant before the earthquake and tsunami that devastated swaths of northeastern Japan on March 11, 2011 and a flawed response in the hours, days and weeks that followed. Fukushima Nuclear Disaster Was Man-Made or Made in Japan The nuclear crisis at the Fukushima Daiichi power plant in Japan was a "man-made disaster" that unfolded as a result of collusion between the facility's operator, regulators and the government, an independent panel said in an unusually frank report of FNAIIC.

Photo 1. Japanese parliament report: Fukushima nuclear crisis was man-made'. Source: CNN News, http://i2.cdn.turner.com/cnn/dam/assets/1207 05015538-plant-journalist-story-top.jpg The 641-page report, based on more 900 hours of interviews with 1,167 people, found that the nuclear power plant was already in vulnerable conditions before the earthquake and tsunami hit. The commission suggested that the reactors may have been damaged by the 9.0-magnitude quake, contrary to previous claims that the disaster was the result of the tsunami. The crippled Fukushima Daiichi plant spewed radiation and displaced tens of thousands of residents from the surrounding area in the worst nuclear accident since the 1986 Chernobyl disaster in Ukraine (7). Commissioned by the national parliament, the panel's report tellingly blames Japanese culture for the fundamental causes of the disaster. As well as detailing the specific failings related to the accident, the report describes a Japan in which nuclear power became "an unstoppable force, immune to scrutiny by civil society Its regulation was entrusted to the same government bureaucracy responsible for its promotion", the commission reported (32). Contradicting claims by Tokyo Electric Power Corporation TEPCO, the operator of the plant, the report said that "the direct causes of the accident were all foreseeable prior to March 11, 2011" The operator, regulators and the government "failed to correctly develop the most basic safety requirements - such as assessing the probability of damage, preparing for containing collateral damage from such a disaster, and developing evacuation plans," the commission said. Fukushima plant operator: We weren't prepared for nuclear accident. Tokyo Electric Power Company is the fourth largest electric power company in the world and the largest from Asia. TEPCO has one-third of the Japanese electric market and is the largest of the 10 electric utilities in Japan. Therefore, TEPCO is really a state-endorsed monopoly that has a great deal of control over the Japanese government and political puppets the world-over. Considering profits and public harm it is clear that the leadership of TEPCO, the owner and operator of the Fukushima nuclear facility, cares more about preserving its income-generating assets than killing its workers and others from radioactive fallout.

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Following the quake and tsunami, the lack of training and knowledge of the TEPCO workers at the facility reduced the effectiveness of the response to the situation at a critical time, according to the report. As the crisis escalated, TEPCO, the regulators, government agencies and the prime minister's office were ineffective in "preventing or limiting the consequential damage" at Fukushima Daiichi, the commission said. The report's authors, leding by Kiyoshi Kurokawa, a former president of the Science Council of Japan, a medical doctor and professor emeritus at Tokyo University, said the crisis was the result of "a multitude of errors and willful negligence", by the government, safety officials and the plant's operator, Tokyo Electric Power and attributed the failings at the plant before and after March 11, specifically to Japanese culture.

Photo2. A satellite image of Fukushima Daiichi nuclear power plant suffered a meltdown after the Japanese tsunami. Source: http://static.guim.co.uk/sysimages/guardian/Pix/pictures/2011/3/16/130028115834 5/A-satellite-image-of-Fuku-007.jpg

Photo 3. Fucushima Daiichi after disaster, Utility Week. Source: http://www.utilityweek.co.uk/news/ images/197121.jpg

Cultural traits of Japan at heart of Fukushima Nuclear Disaster Report preface states that conventions such as insularity and a reluctance to question authority were partly to blame for the disaster. Misplaced deference and other "ingrained conventions" of Japanese culture were at the heart of meltdown at Fukushima Daiichi nuclear power plant, according to the chairman of an independent panel, described the accident as a "profoundly man-made disaster" (20). According to Kurokawa, behind the safety missteps and lack of readiness for a tsunami in a region known for powerful earthquakes are cultural traits that ensured the disaster was "made in Japan" (17). "Its fundamental causes are to be found in the ingrained conventions of Japanese culture: our reflexive obedience; our reluctance to question authority; our devotion to 'sticking with the program'; our groupism; and our insularity"What must be admitted very painfully is that this was a disaster 'Made in Japan'Its fundamental causes are to be found in the ingrained conventions of Japanese culture: our reflexive obedience; our reluctance to question authority; our devotion to 'sticking with the program.'. The commission believes that the root causes were the organizational and regulatory systems that supported faulty rationales for decisions and actions, rather than issues relating to the competency of any specific individual. Across the board, the commission found ignorance and arrogance unforgivable for anyone or any organization that deals with nuclear power. We found a disregard for global trends and a disregard for public safety" claimed Kurokawa. The report was published on the same day a nuclear reactor in western Japan became the first to produce electricity since the accident. All of the country's 50 functioning reactors had been switched off after the crisis to undergo safety checks. Japan, which once depended on nuclear power for about a third of its energy supply, was briefly without atomic power for the first time in more than 40 years. Contrary the report contrasts with a similar investigation by TEPCO in which the utility insisted it had acted appropriately in the wake of a natural disaster it claimed it could never have predicted. The organization has always maintained that the damage to four of Fukushima Daiichi's reactors was caused by the tsunami, which knocked out cooling apparatus and prompted a core meltdown in three of the units. TEPCO was

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ignoring warnings going as far back as 2006 that a tsunami could cause a blackout at the plant. Since 2006, the regulators and Corporation were aware of the risk that a total outage of electricity at the Fukushima Daiichi plant might occur if a tsunami were to reach the level of the site. However the greatest criticism is directed at a culture in Japan that suppresses dissent and outside opinion (24). The chairman of the commission, Kiyoshi Kurokawa, lay fault with Japanese cultural traditions, criticizing, our reflexive obedience and our reluctance to question authority. Japan's atomic accident was due to human error, negligence, and a culture of "reflexive obedience" (13).

Picture 1. Japanese Flag Meltdown Radiation. Source: http://www.naturalnews.com/gallery/dir/radiation/JapaneseFlag-Meltdown-Radiation.jpg

Listing a "multitude of failures and willful negligence" from equipment shortcomings, to confusion in the chain of command and a catalogue of failings in managing the public evacuation, the report authors declined to lay blame on any individual. Instead, they said the "catastrophic" negligence was also a consequence of the Japanese mindset. The report said that "replacing people or changing the names of institutions will not solve the problems". Without a fundamental restructuring of the industry and a change of mindset "preventive measures against future similar accidents will never be complete" (11). Report preface states that conventions such as insularity and a reluctance to question authority were partly to blame for incident (17). Misplaced deference and other "ingrained conventions" of Japanese culture were at the heart of last year's meltdown at Fukushima Daiichi nuclear power plant. Japanese Parliamentary Report Blames Japanese Culture for Disaster As it was written the report takes aim at the heart of Japanese culture saying that "a cultural aversion to questioning authority" caused the nuclear disaster (14). The commission that wrote the report says there were errors and negligence before the disaster, which were compounded by all the mistakes in handling the aftermath. The report is shocking because it flat out blames Japanese cultural norms, such as obedience to authority and groupism, for the failure to challenge superiors' bad decisions, secrecy and negligence that were the hallmark of the handling of the disaster. The report has shocked Japanese citizens, some of whom feel they are being blamed for what happened (17). Today, a damning independent report did not blame individuals for the Fukushima meltdown; it had blamed an entire culture. The Fukushima nuclear disaster was caused not just by the 9.0 earthquake or the massive tsunami that followed, but also by a cultural aversion to questioning authority. According to the findings of an independent commission set up by the Japanese parliament it was man-made. That view is shared by others. Sounds like they`re saying the people in charge of the crisis were not wrong, but that all Japanese are to blame. We might not be able to deny that Japanese culture, which is usually positive, worked negatively in the crisis. This is not for understanding that the culture was singled out as the cause of the accident, because it`s not the only cause. The main thrust of the report is still a blistering criticism of the collusion between the government and the utilities. However, in all fairness it also

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singles out the defect in the Japanese cultural character. This is a leftover from Confucianism, this idea that Japan citizens deference to their authorities (23). The casus of Japan it is that things getting be changed and a paradigm shifted. Before Fukushima people would simply say the government knows best, the government will always protect us. Now it`s coming out, the government officials were secretly evacuating their own relatives. Told the people: Don`t worry. Everything is OK. It means a bunch of hypocrites. It why now the Japanese people are beginning to thinking that perhaps there is room for change, if only they dare to reach out and grab it. From the other site it is worthy to point out that Japan sits on top of four tectonic plates (Moret L.), at the edge of the subduction zone, and is one of the most tectonically active regions in the world. Many of Japan's nuclear reactors were negligently sited on active faults, where major earthquakes of magnitude 7-8 or more on the Richter scale frequently occur. On average, a major earthquake occurs in Japan at least once in a ten-year period. It is not a question of whether or not a nuclear disaster will occur in Japan; it is a question of when it will occur (25).

Picture 2. A map of Japan annotated by Leuren Moret, showing the tectonic plates, areas of high ("observed region") and very high ("specially observed") quake risk, and the sites of nuclear reactors, Japan 2004. Source: (Moret, 25), http://www.japantimes.co.jp/text/fl20040523x2.ht ml#.T_xmyZE8CSo

Like the former Soviet Union after Chernobyl, Japan will become a country suffering from radiation sickness destroying future generations, and widespread contamination of agricultural areas will ensure a public-health disaster. Its economy may never recover. Some authors predicted problems of cooling Japans nuclear reactors in the event of an earthquake (19): "...there is an extreme danger of an earthquake causing a loss of water coolant in the pools where spent fuel rods are kept. As reported last year in the journal Science and Global Security, based on a 2001 study by the U.S. Nuclear Regulatory Commission, if the heat-removing function of those pools is seriously compromised -- by, for example, the water in them draining out -- and the fuel rods heat up enough to combust, the radiation inside them will then be released into the atmosphere." The article mention above (Moret, 25) is noted that during a nuclear disaster, power plant workers (such as the Fukushima 50 people), as well as emergency-response personnel would be exposed to lethal radiation. Japan also lacked plans to evacuate millions of people in such event. Prior the March 11th Fukushima meltdown, numerous whistle-blowers who publicly spoke-out about the danger of Japans nuclear power plants were ignored and/or fired. Thirty five years ago, Dale G. Bridenbaugh and two of his colleagues at General Electric, who designed the Fukushima reactors, resigned from their jobs after becoming convinced that the nuclear reactor design for the Mark 1 was flawed and could lead to a devastating accident. Bridenbaugh said that "the problems we identified in 1975 were that, in doing the design of the containment, they did not take into account the dynamic loads that could be experienced with a loss of

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coolant . . . The impact loads the containment would receive by this very rapid release of energy could tear the containment apart and create an uncontrolled release." (22). Shortcoming of information and transparent program of decontamination and relocation The report called for measures tackling public health and welfare issues, including the establishment of a system "to deal with long-term public health effects," monitoring "hot spots" and "the spread of radioactive contamination." It called for starting "a detailed and transparent program of decontamination and relocation." The earthquake and tsunami killed more than 15,000 people in northeastern Japan. The Fukushima nuclear accident of March 2011 was a Made in Japan disaster caused by human error and negligence, a Japanese parliamentary commission concluded in a report released by the commision (31). The Fukushima radiation was polluting air, drinking water, and food supply. Millions of gallons of radioactive water have been released from the facility into the ocean, which could devastate marine life. Can the radiation permanently alter our DNA, or that of plants and animals? Scores of experts and analysts have feared for months that it would happen, and now it has: Radiation from the heavily damaged nuclear power plants at Japan's Fukushima complex has made it into the seafood chain off the coast of America (13). Recent headlines focusing on results of the Fukushima Disaster with increasing problems almost every day include as examples below: Radioactive buckyballs from Fukushima invade California beaches 17.6.2012- from Japan's tsunami-damaged nuclear reactors at its Fukushima complex continues to worsen, scientists are concerned about another related phenomenon buckyballs that appears the U.S. West Coast; The next catastrophic nuclear reactor core meltdown is much more likely than you suspect 1.6.2012 - new research shows that the probability for more such disasters is much higher than previously believed, much higher as in Charnobyl; Fukushima radiation now detected in the U.S. food supply 30.5.2012 - Scores of experts and analysts have feared for months that it would happen, and now it has: Radiation from the heavily damaged nuclear power plants at Japan's Fukushima complex has made it into the seafood chain off the coast of America - amounts of radioactive cesium-137 and cesium-134. Tokyo soil so contaminated with radiation it would be considered nuclear waste in US 24.5.2012 - Radioactive fallout from the Fukushima Daiichi nuclear disaster continues to show up at dangerously high levels in the city of Tokyo, which is located roughly 200 miles from the actual disaster site. Plume-gate: Secret documents prove global cover-up of continued Fukushima radiation pollution 12.5.2012 - A Freedom of Information Act (FOIA) request filed by Friends of the Earth (FoE), Physicians for Social Responsibility (PSR), and the Nuclear Information and Resource Center (NIRS) has unearthed a shocking series of new evidence proving a deliberate, global cover-up of the true severity of the Fukushima (18). Fukushima haunts the world 11.5.2012 - It does seem that Japan is in the process of contaminating the entire Pacific Ocean via continued uncontrolled. Fukushima radiation detected 400 miles away in Pacific Ocean at levels 1,000 times higher than previous readings 25.5.2012 - The Fukushima Daiichi nuclear disaster is far from over, as new reports explains that water samples taken nearly 400 miles off the coast of Japan in the Pacific Ocean are showing radiation levels of up to 1,000 times higher than previous readings. Presenting their findings at the recent Ocean Sciences. Fukushima radiation may be killing off Alaskan ringed seals and other arctic mammals 13.2.2012 - For many months now, Alaskan ringed seals, Pacific walruses, and various other arctic mammals have reportedly been turning up with a mystery disease that manifests itself in the form of oozing skin sores, patchy hair loss, and damaged organs, according to the Alaska Dispatch.

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Death Estimates (5): the numbers, from reputable scientists, are that Fukushima is going to kill 200,000 from increased cancers over the next 50 years. Likewise, states that 400,000 people will develop cancer within a 200 kilometer radius of Fukushima (8). It is most required that TEPCO and the Japanese government were criminally negligent for failing to inform the public of the true danger. Public Nuisance

According to the a public nuisance occurs when somebody unreasonably interferes with a right common to the general public, or does something that endangers or causes great injury to life, health or property.(6). The Attorney Generals website focuses on the fake Club of Rome created nuisance of man-made global warming rather than prosecuting TEPCO for the nuisance of radiating worlds citizens. Fukushima radiation has arrived, for ex. in California and across the United States, with San Francisco tap water radiation 18,100% above the drinking water limit. Any involvement of HAARP Program in the Disaster Background? The High Frequency Active Auroral Research Program (HAARP) (15) is an ionospheric research program jointly funded by the US Air Force, the US Navy, the University of Alaska and the Defense Advanced Research Projects Agency (DARPA) (9). Its purpose is to analyze the ionosphere and investigate the potential for developing ionospheric enhancement technology for radio communications and surveillance purposes. Therefore, given the nature of the New World Order globalists, there is definitely a possibility that the Japan earthquake and nuclear crisis resulted from tectonic warfare.

Photo 4. & 5. The main side of HAARP and unusual aurora http://www.haarp.alaska.edu/haarp/images/hpimage.jpg

The Japan earthquake, regarding to some independent scientists (Moret, 25) might be triggered by a HAARP aerosol/chemtrails plasma weapon (27). These hypotheses are supported by the research of one of the worlds foremost experts on the global covert spraying of aerosols (chemtrails) (Cornicom, 32). Carnicom and Moret know that covert aerosol-spraying operations have transformed the Earths atmosphere into plasma for carrying out weaponized applications such as tectonic (earthquake) warfare. Additionally, there is substantial evidence that HAARP was active before and during the March 11th earthquake. HAARP on April 7th, a 7.4 earthquake aftershock struck 25 miles of the Japanese coast. During the quake, there was a strange blue light show, which has been referred

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to as an earthquake light. These lights might caused by HAARP or a similar program tampering with the ionosphere. Based on NASA, a possible explanation for earthquake lights is local disruption of the Earth's magnetic field and/or ionosphere in the region of tectonic stress, resulting in the observed glow effects either from ionospheric radiative recombination at lower altitudes and greater atmospheric pressure or as aurora, what was achieved by HAARP evidently. Could be the Fukushima Disaster a nuclear war without a war?

Picture 3. Japan, Fukushima Nuclear Radiation Disaster. Source: NaturalNews, http://www.naturalnews.com/gallery/dir/Radiation/Fukus hima-Japan-Nuclear-Radiation-Disaster.jpg

More the one year ago (March, 11, 2012) the massive 9.0-plus magnitude earthquake and corresponding tsunami devastated the Fukushima Daiichi nuclear power plant on the eastern coast of Japan, sending untold amounts of nuclear radiation into the environment. The threat of nuclear fallout is ever-present all around the world in what some have described as a "nuclear war without a war." Though the devastation was not delivered in one fellswoop via an atomic or nuclear bomb (NUCK). Radioactive elements from Fukushima continue to be quietly delivered through air and ocean currents to soils, oceans, flora & fauna in any shape, drinking water supplies, farms, lawns, children's playgrounds, airplanes and countless many other sources. Products made with elements and materials that have been contaminated with radiation, particularly in Japan, are exposing untold thousands or millions, of people to dangerous levels of nuclear radiation (17).

Picture 4. Contaminated Ocean. Source: NaruralNews, http://www.naturalnews.com/gallery/dir/Nature/BPAContaminated-Ocean.jpg

Picture 5. The Fukushima radiation is detected in the U.S. food supply. Source: NaturalNews, http://www.naturalnews.com/gallery/dir/Radiatio n/Radiation-in-food.jpg

"Hazardous radioactive elements being released in the sea and air around Fukushima accumulate at each step of various food chains (for example: into algae, crustaceans, small fish, bigger fish, then humans; or soil, grass, cow's meat and milk, then humans)," writes Helen Caldicott in her piece, Fukushima: Nuclear Apologists Play Shoot the Messenger on Radiation, in The Age. 177

"Entering the body, these elements - called internal emitters - migrate to specific organs such as the thyroid, liver, bone, and brain, continuously irradiating small volumes of cells with high doses of alpha, beta and/or gamma radiation, and over many years often induce cancer." Seems that the nuclear war, whether intentional or unintentional, has already been waged, Regardless of whether or not the Fukushima disaster was a natural event or a man-made terrorist conspiracy, the trigger has been pulled, and the quiet nuclear war has been set in motion. Fukushima's thousands of exposed fuel rods continue to remain in a precarious plight. Reactor 4 is on the verge of collapse, and radiation from existing leaks and damage continues to spread. Politically, the entire nation of Japan is the biggest casualty of this nuclear war so far, as the country's economy is in dire straits, and on the verge of collapse. Tokyo is reportedly now suffering its first trade deficit since the 1980s, and the rest of the country's manufacturing base is quickly dwindling as the world grows increasingly leery of importing goods from Japan that may be contaminated with Fukushima radiation. Because no efforts are being made to contain Fukushima, as was done with Chernobyl, the facility itself is essentially a grounded nuclear weapon that every second of every day is waging war against Planet Earth. And as far as the human race is concerned, thousands have already died as a result, with millions more to follow in the years and decades to come as the unrelenting spew of radiation settles in every crevice of the global ecology, spurring rapid increases in cancer and other deadly conditions. Conclusion The Japanese Parliament and Commission said that even the direct causes of the accident were all foreseeable, that "failed to correctly develop the most basic safety requirements - such as assessing the probability of damage, preparing for containing collateral damage from such a disaster, and developing evacuation plans" and the lack of training and knowledge of the workers at a critical times the facility reduced the effectiveness of the response to the situation. The operator, regulators and the government "failed to correctly develop the most basic safety requirements - such as assessing the probability of damage, preparing for containing collateral damage from such a disaster, and developing evacuation plans" and according to Fukushima plant operator (TEPCO), they have not had been prepared for nuclear accident. Additionally the commission believes that the root causes were the organizational and regulatory systems that supported faulty rationales for decisions and actions, rather than issues relating to the competency of any specific individual. From the other hand across the board, the commission found ignorance and arrogance unforgivable for anyone or any organization that deals with nuclear power. They found a disregard for global trends and a disregard for public safety, not preventing or limiting the consequential damage. The firm, regulators and the government had failed to correctly develop the most basic safety requirements, such as assessing the probability of damage, preparing for containing collateral damage from such a disaster, and developing evacuation plans for the public in the case of a serious radiation release. Looks like TEPCO and the corporate-controlled Japanese and U.S. governments would rather allow toxic radiation to spread than to save hundreds of thousands, if not millions of lives (10). However the report urged citizens to reflect on own responsibility as individuals in a democratic society, adding that the fault lay with Japanese cultural traditions, criticizing Japans reflexive obedience and their reluctance to question authority. Hard to agree and believe that it was an accident or the foul is connected with Japanese culture of neglect. That way the Japanese citizens, and everyone else, would think Japan has a monopoly on lethal ineptitude. Collusion between government and industry is a real threat in many nations around the world, and it is dangerous to assume that what happened at Fukushima could not happen anywhere else. The results have the Apocalyptic dimensions and unforeseen consequences for the global life. The Fukushima radiation leak is a soft-kill operation against the people and ecosystem.

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Photo 6. No the nuclear bombs No Nukes, one of the demonstration in Japan. Source: A. Lambremont Webre, Japan earthquake, nuke accident are tectonic nuclear warfare (23), http://cdn7.wn.com/ph/img/f8/35/22dee85ad4ad770dbb6154696552-grande.jpg

References:
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 2011 Thoku earthquake and tsunami, From Wikipedia, the free encyclopedia; http://en.wikipedia.org/wiki/2011_T%C5%8Dhoku_earthquake_and_tsunami [access: 8.07.2012] 3 nuclear reactors melted down after quake, Japan confirms, CNN. 7 June 2011, [access: 8.07.2012] Acton James M., Hibbs Mark, Why Fukushima was preventable? The Carnegie Papers. Nuclear Policy, March 2012. Carnegie Endowment. http://carnegieendowment.org/files/fukushima.pdf, [access: 11.07.2012] Allemang John: Why Japan embraced nuclear power after suffering the atomic bomb. The Globe and Mail; http://www.theglobeandmail.com/news/world/asia-pacific/why-japan-embraced-nuclear-powerafter-suffering-the-atomic-bomb/article1945020/, [access: 8.07.2012] Begich Nick, Manning Jeane The Military's Pandora's Box http://haarp.net, [access: 10.07.2012] Chernobyl disaster, from Wikipedia, the Free Encyclopedia, http://en.wikipedia.org/wiki/Chernobyl_disaster, [access: 10.07.2012] Chossudovsky Michel, Fukushima: A Nuclear War without a War- The Unspoken Crisis of Worldwide Nuclear Radiation, Global Research online Interactive reader series, Book No. 3, January 25, 2012, http://www.globalresearch.ca/index.php?context=va&aid=28870, [access: 10.07.2012] Clancy Jim, CNN's report, http://www.shoppingblog.com/blog/70520129, [access: 8.07.2012] Defense Advanced Research Projects Agency (DARPA), from Wikipedia, The Free Encyclopedia, http://en.wikipedia.org/wiki/DARPA, [access: 10.07.2012] Ethan Jacobs - a licensed attorney with a B.A. in Political Science. His passion is researching and writing about a wide range of issues to increase public awareness, http://www.conspiracyplanet.com/channel.cfm?channelid=147&contentid=8260&page=2[access: 8.07.2012] Fukushima report damns industry, regulators and safety culture for 'manmade disaster', Utility Week; http://www.utilityweek.co.uk/news/news_story.asp?id=197121&channel=0&title=Fukushima+report+da mns+industry%2C+regulators+and+safety+culture+for+'manmade+disaster', [access: 8.07.2012] Gunderson Arnold, a 39-year veteran of the nuclear industry Hewitt Elizabeth, Fukushima Nuclear Disaster Was 'Man-Made; The Slates Magazine, July 5, 2012; http://slatest.slate.com/posts/2012/07/05/fukushima_japan_s_nuclear_accident_was_a_man_made_disast er_new_report_concludes_.html, [access: 8.07.2012] Heyes J. D, May 30, 2012, Fukushima Japans Nuclear Accident Was a Man-Made Disaster Natural News, http://slatest.slate.com/posts/2012/07/05/fukushima_japan_s_nuclear_accident_was_a_man_made_disast er_new_report_concludes_.html, [access: 9.07.2012]

11. 12. 13. 14.

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15. 16. 17. 18.

19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33.

High Frequency Active Auroral Research Program (HAARP), From Wikipedia, the free encyclopedia Wikipedia; http://en.wikipedia.org/wiki/High_Frequency_Active_Auroral_Research_Program, [access: 8.07.2012] http;//www.naturalnews.com/035847_plume-gate_Fukushima_radiation.htm, [access: 8.07.2012] Huff Ethan A., Fukushima disaster is 'nuclear war without a war', May 23, 2012, http://www.naturalnews.com/035950_Fukushima_nuclear_war_disaster.html, [access: 10.07.2012] Jacobs Ethan - a licensed attorney with a B.A. in Political Science. His passion is researching and writing about a wide range of issues to increase public awareness, http://www.conspiracyplanet.com/channel.cfm?channelid=147&contentid=8260&page=2, [access: 8.07.2012] Jacobs Ethan, Fukushima Radiation: A Soft-Kill, http://www.activistpost.com/2011/04/fukushimaradiation-soft-kill-operation.htmlHED , [access: 8.07.2012] Japanese Cultural Traits Fukushima Disaster, Guardian, http://www.guardian.co.uk/world/2012/jul/05/japanese-cultural-traits-fukushima-disaster, [access: 9.07.2012] Japanese PM: 'Toughest' crisis since World War II,. CNN. 13 March 2011. Archived from the original on 12 April 2011. Retrieved 13 March 2011, [access: 8.07.2012] Kaku Michio, a theoretical physicist at City University of New York Lambremont Webre Alfred, Japan earthquake, nuke accident are tectonic nuclear warfare Scientist,: http://www.examiner.com/article/scientist-japan-earthquake-nuke-accident-are-tectonic-nuclear-warfare, [access: 10.07.2012] McCurry Justin, Japanese cultural triats at heart of Fukushima disaster, in Tokyo, Guardian, guardian.co.uk, 5 July '2012, ; http://www.guardian.co.uk/world/2012/jul/05/japanese-cultural-traitsfukushima-disaster, [access: 8.07.2012], Moret Leuren Japan's deadly game of nuclear roulette, Special to The Japan Times, May24, 2004; http://www.japantimes.co.jp/text/fl20040523x2.html#.T_xmyZE8CSo, [access: 10.07.2012] Mosk Mathew, Fukushima: Mark 1 Nuclear Reactor Design Caused GE Scientist To Quit In Protest, ABC World News, March 15, 2011, http://abcnews.go.com/Blotter/fukushima-mark-nuclear-reactordesign-caused-ge-scientist/story?id=13141287#.T_xvp5E8CSo; [access: 8.07.2012] Scientist Leuren Moret Japan earthquake, nuke accident are tectonic nuclear warfare; Video, http://www.youtube.com/watch?feature=player_embedded&v=5WxmeOqYtB0, [access: 8.07.2012] Sircus Mark, Fukushima haunts the world, Friday, May 11, 2012 AC, OMD, http://www.naturalnews.com/035829_Fukushima_radiation_catastrophe.html, [access: 8.07.2012] Stybliska Maria, Some Concerns About Nuclear Power Plants after Japanese Apocalypse Disaster, The Future with GIS, Zagreb 2011, pp. 104-112 The Financial Times and Reuters, May 2012, [access: 8.07.2012] The New York Times, May 2012, [access: 8.07.2012] VLF Pulses and HAARP Aerosol Operation, Carnicom Clifford E Mar 23, 2003, http://www.carnicominstitute.org/articles/elf23.htm [access: 10.07.2012] Wakatsuki Yoko, Mullen Jethro, CNN; http://edition.cnn.com/2012/07/05/world/asia/japan-fukushimareport/index.html [access: 8.07.2012]

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5. ECONOMICS AND REGIONAL DEVELOPMENT

COST BENEFIT ANALYSIS AS A BASE FOR DECIDING ON INFRASTRUCTURE PROJECTS OF REGIONAL SIGNIFICANCE
Anka Maek University of Osijek, Faculty of Economics Tel.: +385 91 224 40 45 e-mail: masek@efos.hr Katica Krianovi Credere, Centre for research, development and reengineering, Osijek Tel.: +385 91 535 61 62 e-mail: katica.krizanovic@sb.t-com.hr Vesna Peri Zagrebaka banka d.d. Tel.: +385 99 218 17 11 e-mail: vesnaperic@ymail.com Cost & Benefit Analysis is a method of assessing advantages and disadvantages of a project; talking about it when we want to emphasize the need to consider economic effects of some business moves on the environment and the wider environment. The method is actually a process, which has been present for many years in the practice of developed Western countries. In Croatia the method is known from the literature 30 years ago, although that analysis did not work and was not implemented in practice. Its use may be considered primarily in infrastructure, but also applies to other projects in the event of substantial social benefits and costs. Croatia will have significant financial resources after joining the European Union, available from the Structural Funds. Basis for application projects to obtain funding from these funds is Cost Benefit Analysis, in order to select the best alternative of a project or selecting a more favourable project. Therefore, based on economic indicators and explanations given by this method, a decision to enter into the realization of the planned investment will be made. This method is often used when entering the investment of large public works. It is especially important at the present time of caring for environment protection to assess the social usefulness and effectiveness of an investment. Key words: cost benefit analysis, regional development, structural funds, infrastructure projects, investment 1. Introduction Regional policy is based on dividing the country into certain parts that have some special features that are distinctive and easily recognizable by its peculiarities in the climate, economic development, transportation networks, the position in relation to neighbours, population, cultural, economic and ethnic values, etc. The basic idea of regional policy is to optimize the development potentials and resources of the regions to improve their overall economic and social situation. It is therefore in the national interest to provide additional support to regions lagging in order to be able to contribute to sustainable and competitive economy and to have benefit from it. Such interest is behind the European Union regional policy. In European Union there are 268 regions within the second level of NUTS (short for spatial nomenclature used by Eurostat). The purpose of the classification of certain areas to second level regions is expectation of grants for development from the European Union funds. In fact, the ultimate goal of regional policy is always the same: a balanced regional development. The European model of

183

economic and social cohesion, i.e. regional policy is based on the process of programming of development goals and priorities that are agreed within the wider circle of partners. EU regionalization was in focus of interest since 1980, i.e. since acceleration of European integration processes. Harmonious development of Europe was set as the goal of establishing the European Economic Community (EEC) in 1957 and creation of the European Social Fund. Since 1973 and the entry of Great Britain and Ireland in the EEC membership, there is a need for establishment of new structural funds for specific purposes: agriculture, fisheries and regional development. Creation of single EU market instigated a much more serious understanding of regional economic development. The need emerged for increasing the Structural Funds for the poorer regions within the European Union. EU regional policy is based on financial solidarity, due to part of the EU budget allocated for less developed regions. The Republic of Croatia due to membership in European Union will have far greater resources available within funds for development financing than it used to have in the pre-accession period as a candidate country for membership in the European Union. There will be funds available in structural and Cohesion funds. European Union Cohesion Policy can finance a wide variety of projects. While the Cohesion Fund (CF) mainly finances projects in the transport and environment sectors, the European Regional Development Fund (ERDF) and Instrument for Pre-Accession Assistance (IPA) may also finance projects in the energy, industrial and service sectors. In the General Regulation for the Structural and Cohesion Funds, major projects are defined as those with a total cost exceeding 25 million in the case of the environment and 50 million in the case of all the other sectors (Article 39 Regulation 1083/2006). This financial threshold is 10 million for IPA projects (Article 157(2) Regulation 718/2007). The following types of investments can constitute a major project 28: a project, that is an economically indivisible series of tasks related to a specific technical function and with identifiable objectives; a group of projects, that indicatively: are located in the same area or along the same transport corridor achieve a common measurable goal; belong to a general plan for that area or corridor are supervised by the same agency that is responsible for co-ordination and monitoring; a project phase that is technically and financially independent and has its own effectiveness. Without detailed designs with cost benefit analysis in the investment program its not possible to apply for the award of any supporting funds for works and physical planning. 2. Cost benefit analysis as a base for deciding on infrastructure projects Cost & Benefit Analysis 29 is a method of assessing the advantages and disadvantages of a project. It is discussed about in professional circles when we want to emphasize the need to consider economic effects of some business moves on the environment and the wider surroundings. The method is actually a process, which has been used for many years in the practice of developed Western countries. In Croatia the method is known from the literature 30 years ago, although such analyses have not been executed and implemented in practice.

28 29

European Commission: Guide to Cost Benefit Analysis of Investment Projects, 2008., page 20 The term Cost-Benefit analysis originates from English words "cost" and "benefit", which mean expenditure and gain

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The Environmental Impact Regulations published in the Official Gazette (Article 2, Item 6) say: "the cost - benefit analysis is the analysis of benefits and costs which intervention in the environment makes for a narrower or wider community, and which includes social, demographic, economic, environmental, health-related and other influential factors." 30 Thus, as opposed to usual financial calculations when considering the financial effects of economic facility, this analysis covers a much wider area and considers the consequences of the formation or operation of one object for a number of other (non-) economic facilities. This analysis is a procedure used to judge the social benefits and social damage, which will predictably occur after realization of a project. Thus, unlike the analytical methods that judge the individual effectiveness of project, this analysis examines the overall social effects of the project. Its use may be considered primarily in infrastructure, but also applies in other projects in the case of substantial social benefits and harms. Problematic fact is that the "damage" and "benefits" often cannot be expressed monetarily, so it is necessary to resort to the scoring of certain phenomena, by determining which is greater - "damages" or "benefits". The mathematical procedure for calculating the effect of such a project (for values that can be expressed monetarily) is based on calculating the net present value and internal rate of return. To calculate the net present value, it is necessary to: 1) determine the lifetime of the project, 2) to predict "damages" and "benefits" for each year of the project life cycle, 3) determine the discount rate, 4) discount the nominal values of "damages" and "benefits" and thus reduce them to present values 5) add up the discounted values and thus reach the total present value of a project for its whole lifetime 6) subtract the sum of the present value of "damages" from the sum of the present value of "benefits" and thus get to the net present value of a project (preferred higher value of net present value) 7) put in relationship the current value of "benefits" with the sum of the present value of "damages" (if the obtained coefficient is >1 the project is positive, and higher the coefficient, more useful is the project) Internal rate of return is calculated in the way that by iteration we calculate the discount rate, and its application will equate the discounted totals of "damages" and "benefits". To discount the nominal values of "damages" and "benefits (reduction to present value) the following formula is used:

SV =

NV n p 1 + 100
n

SV = present value (sadanja vrijednost) NV = nominal value (nominalna vrijednost) n = number of years in lifetime p = chosen discount rate, expressed in %

30

Narodne novine 59. 16th June 2000;

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The described procedure is applied in order to select the best varieties of a single project or selecting a more favourable project, if a decision is made about a project which will be realized. When we want to economically analyse the need for a new investment, prove what the new investment gains - what are the benefits that new investment brings and what costs arise from the new investment - we use the Cost - Benefit Analysis. It is especially important at the present time of caring for environment protection to assess the social usefulness and effectiveness of an investment. Cost - Benefit analysis provides effective solution to a problem, in such way that we equalize marginal cost and marginal benefit of an activity. Based on economic indicators and explanations given by this method, therefore, a decision is made to enter into the realization of planned investment. This method is often used when entering the investment of large public works if it is an investment project with all its elements. In particular, Cost benefit analysis results should provide evidence that the project is 31: desirable from a socio-economic point of view. This is demonstrated by the result of the economic analysis and particularly by a positive economic net present value being positive; consistent with the operational programme and other Community policies. This is achieved by checking that the output produced by the project contributes to the attainment of the programme and policy goals; in need for co-financing. More specifically, the financial analysis should demonstrate the existence of a funding gap (negative financial net present value) and the need for Community assistance in order to make the project financially viable.

Making investment decisions implies a choice of the best possible offered solution. Each decision is based on certain assumptions, perceptions and beliefs which contribute to the selection of chosen solution - investment. The decision carries considerable element of risk that should be kept to a minimum. Therefore, before making decisions on investments it is necessary to do significant preparatory actions, to justify such a decision. They can be systematized in the following order: carrying out all types of research using a SWOT analysis analysis of existing situation within the local self-government unit - complete economic analysis - current production - trade and catering industry - tourism - health care - education - culture - analysis of human resources - analysis of local public goods models of financing local self-government ways of fund raising for investments elaboration of ideas collected within the "local self-government " making feasibility studies - in elaboration of ideas, environmental impact studies, feasibility and profitability of investments making a final decisions on investment proposal making a proposal on how to finance investments and making final cost-benefit analysis for entering into capital investments.
31

European Commission: Guide to Cost Benefit Analysis of Investment Projects, 2008., page 25

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Conducted analyses of the current status within the local self-governments provide a realistic assessment of the state from which the possible directions of development can only be systematized through a detailed elaboration. In case of municipal infrastructure construction, it is understood for such investments to make a cost benefit analysis, a feasibility study and an environmental impact study. It should express the validity of an investment considering the effects expected from such investment, the expenses that the investment brings and its impact on the environment. When it comes to financing capital investments, usage of which is anticipated for an extended period of time - so the burden of construction is partially transmitted to future generations who will also use these facilities - it is necessary to investigate the public opinion of the inhabitants of the region about their visions and needs for new investments. Only on the basis of a comprehensive systematic approach to analysing the current situation can one provide proposals for long-term quality solutions. 3. Conclusion European Union is helping its regions lagging in development to successfully implement their development programs in a given time and to find within them the most effective measures to strengthen their competitiveness. Cost benefit analysis (CBA) provides support for informed judgement and decision making, but also provides better transparency of that process. Welfare contribution of a project to a region or a country can be measured and the contribution of an investment project to EU cohesion policy objectives can be assessed. For this reason, besides regulatory requirements for major projects, the Member States may also need to use CBA for projects with investment costs below the threshold mentioned in the EU regulations. It is also necessary to carry out a CBA for major projects implemented under Cohesion Fund and European Regional Development Fund in order to meet the acquis standards. In this case, it is important to clearly assess whether the benefits of the specific option chosen to comply with the requirements outweigh its costs. Importance of Cost benefit analysis is most significant in sectors of business where market cannot ensure optimal use of resources from the society viewpoint, such as economic and social infrastructure. Description of certain parts of the cost benefit analysis depends on the type and mode of investment. Investment document is used as the basis for the feasibility study, which sets the schedule start and end of the investment, as well as the optimal time, dynamics and schedule of the funds usage.

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References:
1. 2. 3. 4. 5. 6. 7. Boardman, E.A., Greenberg, D.H., Vining, A.R. and Weimer, D.L. Cost-Benefit Analysis Concepts and Practice, 3rd edition, Pearson Prentice Hall, 2006; Hanley, N. and C. Spash. Cost-Benefit Analysis and the Environment, Edward Elgar, Aldershot (UK). 1993. Massimo Florio, Ugo Finci, Mario Genco, Francoois Levarelet, Silvia Maffii, Alessandra Garcogna, Silvia Vignetti. Vodi za analizu trokova i koristi investicijskih projekata, Zagreb: Foip biblioteka. 2007. Guide to Cost-Benefit Analysis of Investment Projects: Evaluation Unit, DG Regional Policy, European Commission. 2002. Mishan, E. J. Cost-benefit analysis. 5th ed. London, New York. Routledge. 2007. Masek, A., Krianovi, K. Program ukupnog razvoja Grada akovo. Osijek: Faculty of Economics in Osijek. 2012. Sari, B. Cost benefit analiza. Effect d.o.o. 2009. Sinden, J.A. and Thampapillai, D.J. Introduction to Benefit-Cost Analysis. Longman. 1995. Sugden, R. and Williams. The principles of practical benefit-cost analysis. Oxford: Oxford University Press. 1978.

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CHANGES IN THE CHART OF TODAYS WORLD GREATEST DEMOGRAPHIC POTENTIALS. THE TOP TEN BEFORE AND AFTER
Andrzej Rczaszek University of Economics in Katowice Poland Abstract In the middle of the 20th century global demography experienced a phenomenon later referred to as a demographic explosion. Populations of certain countries and continents started to grow rapidly. The existing geographic distribution of people begun to change. This study presents the baseline state, the changes that took place in the second half of the 20th century, up to the point of the creation of the TOP TEN mentioned in the title, and the outcome observed towards the end of the first decade of the 21st century. The author tries to determine what caused such changes, but also tries to present their global consequences, not only in demographic and social, but also political and economic terms. The analysis of the dynamics of the examined changes also indicates what their potential consequences will be for the future. Examples used for calculation purposes involve countries with the world's highest demographic potential observed today. 1. INTRODUCTION The world's geodemography has evoked interest for a long time, at least since the Roman Empire era when the annual censuses were supposed to present the state of country's population, regardless of what the country was or how the information was gathered. The ruler wanted to know what military potential he had at his disposal. Population is also of importance in the context of economics, as all states, even ancient ones, have always been supported through a tax system. The number of citizens thus is reflected in a number of taxpayers who were in fact supporting the state and the ruler. These considerations and explanations could be continued, but what matters is the methodological precision of data gathering. 2. NATIONAL CENSUSES The literature concerning demographic research mentions an incredibly long period of statistical vacuum and nearly three hundred years of statistical civilization 32. That term refers to a period in which information has been gathered by means of national censuses a method that had never been used before. Modern censuses which, as can be expected, involve all citizens of a given country, were introduced at the beginning of the 18th century 33. The method gradually gained popularity and included more and more countries, but still not all of them 34. Still, it can be assumed that we have enough information concerning the beginning of the 20th century to be able to provide an approximate estimation of the world's population 35.

M. Oklski, Demografia. Wyd. Naukowe Scholar, Warsaw 2004, p. 38. U. Mueller, B. Nauck, A. Diekmann, Handbuch der Demographie, Band 1. Springer-Verlag, Berlin, Heldelberg, New York 2000, p. 710. 34 J. Z. Holzer, Demografia. PWE, Warsaw 2003, p. 42. 35 According to the UN Population Commission, in the middle of the 20th century the censuses covered approx. 3/4 of the world's population. Similar estimations reveal that for the end of the 20th/beginning of the 21st century it was 2/3 of the world's population. There are several causes for that decrease. Firstly, in the second half of the 20th century there was a demographic explosion, which is discussed in this article. That coincided with a process of decolonization, also mentioned in the main text. Colonizers conducted censuses in the countries and territories governed by them. However, the countries which regained independence did not do it for organizational, financial, as well as less palpable reasons. One may remember Polish demographers establishing public statistical agencies in African countries in the 60's and 70's. The consequences are still observed today, with many of those countries still falling behind in this respect.
33

32

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Table no. 1. Countries with population of >100m at the beginning of the 20th century.

no. 1 2 3 4 5

area 2 world China Russia/USSR USA

1900 3 1608.0 . 108.6 . 4

1910 . . 130.8 .

1920 5 1789.0 . 116.1 105.7

1930 6 2013.0 . 127.0 123.6

1939 7 2120.4 414.7 175.5 131.4

source: Pocket Statistical Year Books. GUS, Warsaw, years 1936-1939.

The above table presents data published in Mae roczniki statystyczne (Pocket Statistical Year Books) published by the Polish Central Office of Statistics already in the 30's. The countries included in the table are the ones in which the approximate population count exceeded 100 million people. At the beginning of the 20th century there were very few such countries. China definitely had the greatest demographic potential, but the first available data concerning its population number does not appear until 1939. Compared with the estimated population of the world, the citizens of China at that time constituted 20% of the world's population. The second largest demographic potential at the beginning of the 20th century lay with independent Russia and later its successor; the Union of Soviet Socialist Republics. In the above table some data refers only to the population of the European part of the USSR. After World War I the United States of America also passed the 100 million citizens mark. Thus, before World War II there had only been three independent countries with a population of over 100 m, and their combined demographic potential made up over 1/3 of the entire world's population. It should, however, be noted that the above list does not include India, which at that time was a British colony. The reason for which India is mentioned is that the total population of the British India, within its boundaries at that time, exceeded 350 million people already in the 1930's. This study, however, is going to include only independent countries. Another limitation, and quite a significant one, is the use of official statistical publications published in Poland, despite the fact that the quality of GUS publications is repeatedly questioned 36. 3. THE POPULATION OF THE WORLD AND OF THE MOST POPULATED COUNTRIES IN THE 2ND HALF OF THE 20TH CENTURY. After World War II the colonial empires collapsed as a result of a national independence movement. This placed India on the map of independent countries with demographic potential. It meant that in 1960 there were already four countries with over 100 million inhabitants, as shown in table no. 2 below.
Table no. 2. World's most populated countries in 1960.

no. 1 2 3 4 5 6

country 2 world China India USSR USA

population 3 2982.0 646.6 429.0 214.3 180.7

% 4 100.0 21.7 14.4 7.2 6.1

source: 1973 Demographic Year Book. GUS, Warsaw.

Following the inclusion of India 37, not taken into consideration during the inter-war period, collective demographic potential of the four most populated countries made up nearly 50% of world's approximate population, which reached 3 billion in the early 60's. Symbolic figures, such as 2, 3 or 4
The author of this article discussed that issue before in a book published to celebrate Prof. Robert Rauziski's 80th anniversary. This article is a significantly broader, changed and improved version of that publication. 37 A. Rczaszek, Wpyw reform administracyjnych na stan informacji statystycznej. In: Wolno informacji i jej granice. Ed. G. Szpor, Wyd. Stowarzyszenie SILGIS Center, Katowice 1997, p. 103.
36

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billion are not going to be the emphasis of this article. Neither is the reaching of 500 million citizens by China, nor any other great numbers recorded in other countries. The study will, however, reveal data concerning the countries, the population of which exceeded 100 million in subsequent decades of the 20th century, which will help to highlight the changes in the world's population geography,
Table no. 3. The biggest countries with over 100 m inhabitants in 1970.

no. 1 2 3 4 5 6 7 8

country 2 world China India USSR USA Indonesia Japan

1970 3 3678.0 825.8 539.1 242.8 203.8 119.5 103.4

source: 1981 Demographic Year Book. GUS, Warsaw.

As a result of the demographic explosion 38 mentioned earlier in this study, the second comparison includes information on six countries which in 1970 were inhabited by over 100 million people. The great four listed earlier is now joined by two more Asian countries; Indonesia (independent since 1949) and Japan. In the 70's these six countries accounted for over 55% of the world's population. However, demographic changes also took place on other continents, which is confirmed in the next comparison which for the first time mentions the largest South American country Brazil. The population there exceeded 100 million inhabitants in the 70's. The dynamics of the aforementioned changes was so high that in the table below Brazil occupies the sixth position beating Japan for which the 100 million citizens mark was achieved earlier but it was shortly followed by a significant decrease in natural population growth.
Table no. 4. The most populated countries in 1980.

no. 1 2 3 4 5 6 7 8 9

country 2 world China India USSR USA Indonesia Brazil Japan

Population 3 4415.0 956.8 663.6 265.5 227.6 151.9 123.0 116.8

source: 1981 Demographic Year Book. GUS, Warsaw.

Clearly, population growth in the above countries continued until 1980. The population of China at that time was approaching one billion. The above table includes information for the year 1980 as that was a period (1970-1980) during which the number of countries with a population of over 100 million changed yet again, and as noted earlier so did the order they are listed in. What is further worth mentioning, the analysis of the world's greatest demographic potentials concerns an increasing proportion of the world's population as in 1980 the analysed group of countries with over 100 million citizens was inhabited by 56.7% of the whole world's population. Therefore, it is justified to discuss changes in the population geography, as the percentage of total population included in the analysis is increasing.
38

In spite of regularly conducted censuses, the population of India is an uncertain value. Discrepancies between estimations varied, reaching 26 million. A. Jagielski, Geografia ludnoci. PWN, Warsaw 1977, p. 86.

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Two new countries appear in table no. 5 for the first time. It also bears a trace of the political changes which started in 1989 in Poland and spread across the globe. One such trace is the presence of Russia which emerged in the early 90's from the vestiges of former USSR. As all former socialist republics have now become independent, today's Russia has a much lower demographic potential than the USRR used to have, which means it fell from the third to the sixth position on the list.
Table no. 5. Countries with over 100 m inhabitants in 1990.

no. 1 2 3 4 5 6 7 8 9 10 11

country 2 world China India USA Indonesia Brazil Russia Japan Pakistan Bangladesh

1990 3 5255.0 1155.3 835.1 254.8 182.5 148.0 147.9 123.5 109.8 109.5

source: 2003 International Year Book. GUS, Warsaw.

There are also two new countries; Pakistan (independent since 1947) and Bangladesh (gained independence in 1971), both of them situated in Asia. For now, they are on the last two positons in the ranking with nearly equal number of citizens. In 1990 those 9 countries contained 58.4% of total world's population. Demographic potentials do not always coincide with the size of the economy. Nevertheless, we have to emphasize promotion of the USA, the world's biggest economy, to the third position, as well as the promotion of economically fast-growing Brazil (currently world's fifth economy) to the fifth place. The world's second biggest economy Japan, is seventh on the Top Ten list of demographic potentials created at the end of the 20th century. The next table presents data for the end of the 20th century, a special moment of the break of the century. The end of the 20th century is not only symbolic, it also marks crucial political changes, especially in Europe. It was that interesting combination of economic strength, significance of demographic potentials and political issues rooted in history that gave rise to the events of the early 21st century 39.
Table no. 6. Top ten. The greatest demographic potentials at the end of the 20th century.

No. 1 2 3 4 5 6 7 8 9 10 11 12

country population 2 3 world 6055.0 China 1277.6 India 986.6 USA 275.6 Indonesia 208.3 Brazil 161.8 Russia 147.2 Pakistan 134.5 Bangladesh 126.9 Japan 126.7 Nigeria 111.5

source: 2001 Republic of Poland Statistical Year Book. GUS, Warsaw.

39

J. M. Poursin, Ludno wiata. PWN, Warsaw 1976, p. 37.

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The above table contains data for ten countries with a population of over 100 million in the year 2000. At that point the world's total population had already reached 6 billion and significant population growth was present on all continents, as the top ten was joined by an African country, Nigeria (independent as of 1960). The presented first ten makes up 58.7% of the world's population. The slower dynamics of the increase in those top countries' share in the total population of the Earth indicates at the growing dynamics in the countries aspiring to join the top ten. More evidence of that will be revealed further in this study. Also, yet again, there are changes in the order in which the world's biggest demographic potentials are listed. Pakistan and Bangladesh have now overtaken Japan, which experiences much weaker dynamics of population growth in comparison with developing countries. There is also the first observed case of population decline. Between 1990 and 2000 the population of Russia dropped by 700,000 people. It means that it is not a rule for the world's largest demographic potentials to always be on the rise. There is also a possibility of a negative actual growth rate. So this is the Top Ten mentioned in the title the ten world's demographically largest countries. Such significant development was also observed in the second half of the 20th century, when the repeatedly mentioned demographic explosion took place. Considering how long it took for the top ten to emerge in its current form, as well as the fact that the lead was joined by new countries throughout the 20th century, it is difficult to consider the above list to be a final one. There still may be factors which will lead to a significant population growth in other countries. It is unlikely to happen as a result of a demographic explosion; more likely, there are going to be some internal factors leading to an increase in the number of inhabitants. To qualify for joining the ranking a country must have at least 100 m inhabitants, and in the year 2000 there were 10 such countries. We should, however, present changes which have occurred at the beginning of the 21st century to determine, whether such expansion of this 'elite club involving the world's biggest demographic potentials shall continue. 4. THE WORLD' MOST POPULATED COUNTRIES TODAY The year 2000 marked a characteristic breakthrough and therefore the list of demographic potentials for that year deserves a longer commentary. However, there are no breaks in demographic processes, especially at peaceful times, and quantitative demographic development is still noticeable. As mentioned earlier, the list of the world's biggest demographic potentials is still expanding. In the first decade of the 21st century the top group was joined by Mexico the first Central American country to enter the ranking. The population growth in Mexico began during the demographic explosion and, even though it has slowed down in recent years, the country's natural growth remains at a very high level. That is how the analysed group was joined by the 11th country, which slightly disturbed the discussed concept of Top Ten, but at the same time indicated that the situation is dynamic and while there was a period during which that list was much shorter, it is currently expanding. Notably, there are some changes in order of the countries below the top five. Currently, these further positions are taken by Pakistan, Nigeria and Bangladesh. At the same time, Japan fell as low as number 10, even though it has been on the list since 1970. Furthermore, the population of Japan has reduced by approximately 200,000 people since 2000, with Japan being yet another country in which such a change took place in the recent years.

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Table no. 7. World's most populated countries in 2010.

no. 1 2 3 4 5 6 7 8 9 10 11 12 13

country 2 world China India USA Indonesia Brazil Pakistan Nigeria Bangladesh Russia Japan Mexico

2010 3 6896.0 1338.1 1173.1 310.1 232.5 193.3 184.4 158.3 158.1 141.9 127.3 108.4

source: 2010 Demographic Year Book. GUS, Warsaw.

Russia also fell from its high sixth place to become number nine on the list. Furthermore, Russia experiences a continued decrease in the number of population. This time the decrease in the first decade of the 21st century reached 5.3 m, so it is much higher than in a previous decade. The analysed group of countries has a demographic potential which represents about 60% of world's total population. Thus, examining changes in this group of countries we automatically refer to changes in geography of the world's population. This is how we could conclude the analysis of the group including world's biggest demographic potentials which currently consists of 11 countries with a population exceeding 100 m, based on statistical year books published in Poland. However, as there is an available source quicker than print (namely the internet), then why not use it. Thus, the next comparison was based on data collected online and it includes a very detailed list of 12 countries with the biggest population count in the world.
Table no. 8. The most recent demographic data concerning population of selected countries.

source: http://pl.wikipedia.org/wiki/lista_pastw_wiata_wedug_liczby_ludnoci. 5/05/2012, 9pm. 40

no. 1 2 3 4 5 6 7 8 9 10 11 12 13 14

country 2 world China India USA Indonesia Brazil Pakistan Nigeria Bangladesh Russia Japan Mexico Philippines

2012 3 7,021,836,029 1,343,239,923 1,205,073,612 313,847,465 248,216,193 207,716,890 190,291,129 170,123,740 161,083,804 138 ,082 ,178 127 ,368 ,088 114 ,975 ,406 103 ,775 ,002

One could immediately proceed to analyse the above values, but let us first stress that such a degree of precision can only be achieved with access to full census data. Information under the online
40 Organizers of the expert discussion on spatial information have also proposed an optimistic analysis under the title The Brave New World. The beginning of the 21st century, however, showed that there are many dangers linked with that outlook, where the September 11 attacks were a prominent beginning of such threats coming true.

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list shows populations of 239 countries and territories for every year beginning in 2006. That would indicate there are annual national censuses conducted in all the listed areas every July 41. The data for 2012 are most likely a kind of forecast, or they refer to a different moment in time, as they were viewed online on the 5th of May. The above clarification is called for, as the Internet is often viewed as a reliable source of information, whereas the above comments show how in this particular case the information is not entirely plausible, even if they come from the CIA. However, as this article focuses only on world's biggest demographic potentials, we can devote some time to analyse the above table. The above table suggests that in 2012 the world's population has exceeded 7 billion (which is most likely true and will soon be confirmed and described in the media) and the analysed group of countries is inhabited by 61,6% of world's total population. This time the list contains 12 countries, as for the first time it includes Philippines yet another Asian country that reached the 100 m inhabitants mark. It is worth mentioning that at the end of the year 2000 the population of this country had only just reached 75 m. That means an increase of over 1/3 in the course of a decade. Such a dynamic natural growth has not been witnessed for a long time and one could even doubt whether it is actually possible. Let us now compare the population data in two last data sets. The order in which the countries appear has not changed since 2010. However, there have been changes in population counts which may be vexing in some cases. Notably, 2010 is one of census years 42 and they do tend to provide data very different to estimates published previously, during the non-census years. For India the above data suggests a population growth of 29 m. It is a surprising finding which can hardly be an outcome of natural demographic processes over just two years. Such a change may result from a fact that as the national census in India started on April 1, 2010 and was supposed to last for 11 months. It is possible that, as stated in the footnote, the CIA has initial results of that census and thus the information 43. Yet again there is a decline in the population of Russia. Compared with 2010 data concerning Poland published by GUS the decrease over the last two years has reached 3.8 m. This information hardly appears likely 44, unless the scale of emigration from Russia is accelerating really quickly. We have also observed a reverse in the trend of changes in Japan. According to presented information the last two years would have resulted in a 100,000 population increase compared to the year 2010. 45 The last few remarks are up for debate, as they involved comparison between data from two different sources which could use different method of data collection and publication. However, the urge to make the analysis as current as possible incited the author to reach for information from sources other than just the data published by GUS. 5. CONCLUSION The above rankings reflect an unprecedented scale of the world's population growth in the second half of the 20th century during the demographic explosion 46, the roots of which go as far back as to World War II 47. During half a century the number of inhabitants of our planet doubled from 3 to 6 billion. Such unprecedented dynamics of demographic changes deserves some attention, as it significantly changes the geography of the world's population. In that period 10 countries across
The website claims that all the information is based on data provided by CIA World Factbook (http://www.cia.gov/library/publications/the-world-factbook/index.html). The data referred to July of the given year and they included information from the period of 2006-2012. 42 The author has already mentioned it in footnote 4 on the first page of this article. 43 It is a rule to conduct censuses in years ending with zero or close to them. 44 Researcher's inquisitiveness forced the author of this article to look for the results of India 2011 National Population Census. According to official data of the national statistical service for India, the country's population on March 1, 2011 was 1,210,193,422. http://india.gov.in/ 45 However, one may add that according to the public statistics service in India mentioned in previous footnote 6, the population of Russia on July 1, 2010 amounted to 140.4 m. This data differs slightly from the Polish sources quoted above and from the data listed in earlier tables. 46 Here again, referring to the Indian source, the number of inhabitants in Japan in 2010 should be changed to 128.1 m, a value 1.5 m higher than the one provided by the Polish source. 47 See: E. Rosset, Eksplozja demograficzna. KiW, Warsaw 1978.
41

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different continents reached the population count of 100 million, which indicates at the global character of described changes. A short summary of the changes which took place at the beginning of the 21st century provides evidence that the exceptionally fast demographic growth is still possible, with the eponymous club of Top Ten being joined by two more countries. At the same time we witness a decline in the population of Russia the only European country on the list, while we are also aware of the demographic stagnation in the whole of contemporary Europe 48. Thus the projections for the future involve a declining role of Europe not only in a demographic context, but also in a political and economical one. Shrinking demographic potentials and ageing populations 49 across Europe will hinder the continent's economical development, whereas the growing labour resources on remaining continents will help develop their local economies 50. Demographic changes are therefore to be closely observed with there being a need in contemporary Europe to implement effective population policy of pronatal nature.
Figure no. 1. Demographic explosion shown as millions of people born in consecutive decades from the 18th century to projections for the 22nd century.

- developed countries

- developing countries

source: Mueller U., Nauck B., Diekmann A., Handbuch der Demographie, Band 1. Springer-Verlag, Berlin, Heldelberg, New York 2000.

The analysis of today world's greatest demographic potentials has repeatedly referred to the notion of a demographic explosion. It is worth, however, to support this notion with some statistics. Figure 1 above depicts it in a very general but clear way. In addition, table no. 9 at the end of this publication presents the population of the world and of selected continents in years 1920-2010. The list is supplemented by calculations concerning the dynamics of change during that period and chain indexes for consecutive decades of the analysed time period. The population of the world during that time increased nearly fourfold, but the dynamics of changes varied 51. One may notice that the slowest growth took place in the 40's, when it was lowered by war casualties which reacheda total of 50 mln across all continents.
48

It has been suggested that the explosion was a consequence of the amicable use of the 'Ceylon experiment' which involved the use of pesticides to eliminate the malaria-carrying mosquitoes. 49 Wegweiser Demographischer Wandel 2020. Analysen und Handlungskonzepte fr Stdte und Gemeinden. Verlag Bertelsmann Stiftung, Gtersloh 2006, p. 31. 50 For comparison see J. Dorbritz, A. Langerer. K. Ruckdeschel, Einstellung zu demographischen Trends und zu bevlkerungsrelevanten Politiken. Bundesinstitut fr Bevlkerungsforschung Bem Statistischen Bundesamt, Wiesbaden 2005. 51 See: Perspektive 2050. konomik des demographischen wandels. Institut der deutschen Wirtschaft. Kln 2005. Also: F. X. Kaufmann, Schrumpfende Gesellschaft. Vom Bevlkerungsrckgang und seinen Folgen. Suhrkamp Verlag, Frankfurt am Mein 2005, s. 63.

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This loss is most evident in Europe, whose population in 1950 was 5% smaller than in 1940. The highest growth rates in Europe were observed as a result of post-war compensation after both world wars. In the last two decades the population of Europe has increased by a meager one percent and is mainly due to immigration. In the analysed period the population of Asia became four times larger, with an increase of over 20% per decade in the 50's and in the 80's. The record changes, however, have been recorded in Africa, where population has grown tenfold since 1920 and the growth rates in 50's-90's and even in the last decade have exceeded 30% per every ten years. The above evidence supports the 20th century demographic explosion which singnificantly affected the relatively stable geography of the world's population. The dynamics of changes recorded in Africa over the last few years shows that the distribution of the world's population may still be changing. Referring to a global context one may also wish to add that in 1920 Europe held about 27% of the world's population, whereas Africa at that time was home to only 7.8%. After less that a century Europe's share fell to 10.7%, while Africa's one increased to nearly 15%. These global changes in population geography can have serious social, economical and perhaps political consequences in the future, and this needs to be focused on.
Table no. 9. Changes in population of the world and selected continents.

no. 1 2 3 4 5 6 7

specification 2 world in % chain index Europe (a) in % chain index

1920 3 1811 100 100 487 100 100 141 100 100 966 100 100

1930 4 2070 114 114 535 110 110 164 116 116 1119 116 116

1940 5 2295 127 111 576 118 108 191 135 116 1243 129 111

1950 6 2509 138 109 549 113 95 207 147 108 1402 145 113

1960 7 2990 165 119 605 124 110 273 194 132 1703 176 121

1970 8 3697 204 124 657 135 109 364 258 133 2148 222 126

1980 9 4444 245 120 693 142 105 476 338 131 2642 273 123

1990 10 5285 292 119 722 148 104 633 449 133 3186 330 121

2000 11 6055 334 115 729 150 101 784 556 124 3684 381 116

2010 12 6896 381 114 738 152 101 1022 725 130 4164 431 113

8 Africa 9 in % 10 chain index 11 Asia 12 in % 13 chain index

(a) in years 1920-1940 for the whole of USRR Source: Own analysis based on data in statistical year books published by GUS

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BIBLIOGRAPHY
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Billig W., O prawach rozwoju ludnoci. KiW, Warsaw 1963. Dorbritz J., Langerer A., Ruckdeschel K., Einstellung zu demographischen Trends und zu bevlkerungsrelevanten Politiken. Bundesinstitut fr Bevlkerungsforschung beim Statistischen Bundesamt, Wiesbaden 2005. Holzer J. Z., Demografia. PWE, Warsaw 2003. Jagielski A., Geografia ludnoci. PWN, Warsaw 1977. Kaufmann F. X., Schrumpfende Gesellschaft. Vom Bevlkerungsrckgang und seinen Folgen. Suhrkamp Verlag, Frankfurt am Mein 2005. Mueller U., Nauck B., Diekmann A., Handbuch der Demographie, Band 1. Springer-Verlag, Berlin, Heldelberg, New York 2000. Oklski M., Demografia. Wyd. Naukowe Scholar, Warsaw 2004. Perspektive 2050. konomik des demographischen wandels. Institut der deutschen Wirtschaft. Kln 2005. Poursin J. M., Ludno wiata. PWN, Warsaw 1976. Rczaszek A., Wpyw reform administracyjnych na stan informacji statystycznej. In: Wolno informacji i jej granice. Ed. G. Szpor, Wyd. Stowarzyszenia SILGIS Center, Katowice 1997. Rosset E., Eksplozja demograficzna. KiW, Warsaw 1978. Mae roczniki statystyczne, GUS. Roczniki Demograficzne, GUS. Roczniki Statystyczne, GUS. Rocznik statystyki midzynarodowej, GUS. Wegweiser Demographischer Wandel 2020. Analysen und Handlungskonzepte fr Stdte und Gemeinden. Verlag Bertelsmann Stiftung, Gtersloh 2006. http://pl.wikipedia.org/wiki/lista_pastw_wiata_wedug_liczby_ludnoci. 5/05/2012, 9pm.

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COMPARISON OF OCCUPATIONAL PENSION PROGRAMS AND INDIVIDUAL PENSION-RELATED FORMS OF SAVING IN POLAND WITH THE MARKET OF PRIVATE PENSION PROGRAMS IN SELECTED COUNTRIES
Sylwia Piekowska-Kamieniecka University of Warmia and Mazury in Olsztyn Introduction In the recent years, in the face of ageing populations, the policy of numerous European countries was directed to support the development of additional private pension initiatives (with the savings aimed at pension), which became the subject of special interest in the context of the need to reduce public systems. Pension savings are understood as savings gathered by a person during their professional activity which will be used after retiring 52. Pension savings need to be clearly distinguished from all savings as they constitute only their certain part and consist of savings in the common pension scheme and savings in any other form outside this system 53. From the individual's perspective, there are two goals of the pension program. First, it is shifting consumption in time, i.e. resources are phased over from the cycle of professional activity to retirement. Second, they secure against risk, particularly the unknown length of retirement life 54. Pension reforms introduced in many countries (from the system of defined benefit to defined contribution and from pay-as-you-go to capitalization) put the risk on the insurance holder which levels the sense of uncertainty concerning the level of financial security in old age and consequently causes the problem of providing proper (adequate) pensions. In evaluation of these changes the key role is their impact on future pensions of elderly people. In accordance with the common tendency, lower replacement rate from common public pension programs will lead to a greater role of additional pensions 55, i.e. savings created outside the public system, particularly occupational pension programs which in the majority of countries around the world play a greater role in securing salaries for retirement than individual programs. The aim of the present article is to present the role of occupational pension programs in Poland in comparison to individual additional pension saving schemes. Moreover, the situation on the market of private pensions in Poland is characterized in connection with the tendencies in selected countries around the world. Preconditions for pension insurance There are at least three tendencies in population changes which arouse interest around the pension system, including additional private pension. Two of them are positive. On the one hand, more and more people live to retirement age; on the other hand, the average life expectancy after this age lengthens. The negative tendency is reflected in the increase of demographic dependency ratio, i.e. the increase of the number of people in post-working age with respect to the number of people in working age 56. According to the forecasts of Social Insurance Company (ZUS) it may be concluded that in 2005 the people in post-working age in Poland amount to 15,4% of the whole population, in 2020 they will constitute 22,9%, and in 2050 38,1%. By that time the population of people in working age will have decreased from 64% in 2005 to 60,8% in 2020 and 50,3% in 2050 57. Another serious problem in Poland and other countries is lowering total fertility rate (TFR). Taking into account all EU
K. yskawa, Grupowe ubezpieczenia na ycie z funduszem kapitaowym w systemie zabezpieczenia emerytalnego w Polsce, Fundacja Warty i Kredyt Banku Razem moemy wicej, Warsaw 2007, p. 69-70. 53 M. Gra, System emerytalny, Polskie, Wydawnictwo Ekonomiczne, Warsaw 2003, p. 50. 54 M. ukowski, Reformy emerytalne w Europie, Akademia Ekonomiczna in Pozna, Pozna 2006, p. 40. 55 Ibid., p. 73-78. 56 T. Szumlicz (ed.), Spoeczne aspekty rozwoju rynku ubezpieczeniowego, Oficyna Wydawnicza Szkoa Gwna Handlowa w Warszawie, Warsaw 2010, p. 156. 57 Prognoza wpyww i wydatkw z funduszu emerytalnego do 2050 r., Warsaw 2006 r., ZUS, p. 10.
52

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countries, the highest fertility ratio per one woman is in Ireland and France (1,97), on average level (about 1,8) in Scandinavian countries, Great Britain, Belgium and Holland, whereas in other countries it is below the threshold of generation replacement, i.e. 2,05. Such a situation occurs in Austria (1,41), Germany (1,36), in all Mediterranean countries (e.g. in Spain 1,39; Italy 1,35) and in the countries of East-Central Europe, including Poland (1,29)58. The aforementioned tendencies of population changes arouse great interest in the systems of pension insurance as the risk of having insufficient means in old age poses a huge social problem with serious economic consequences. This problem ought to be analyzed in the context of Polish society, which in comparison to other European countries has a low degree of participation in private pension programes. According to the results of the research conducted in 2010 by the Public Opinion Research Centre (CBOS) with the Chamber of Fund and Asset Management 59, the propensity of Poles to additional saving for pension is low despite the fact that among the respondents 70% claim that pension from the public system will not be sufficient for them. Only 13% of respondents in working age declare that they save for pension, though 21% declare they do not save but they are going to. Lack of additional old-age security results mainly from the material status of the Polish society as 59% of respondents claim they cannot afford to put away additional financial means for retirement. Similar results are visible after the analysis of household savings comprised in the Social Diagnosis 2011 60. According to those results, in March 2011, 63% of households did not have any savings. Nonetheless, it is comforting that in the last four years (from March 2007 to March 2011) there has been a significant increase of households (by 9 percentage points) having some savings, amounting to 37%. Analyzing the results of the aforementioned research, one ought to consider what actions should be taken in the light of changing social-economic and demographic conditions so that the majority of Polish society decides to use offered forms of voluntary saving for future pension 61. Occupational and individual private pension in Poland Having in mind the old-age security and subjects responsible for it, in the Polish pension system the first and second pillar constitute public (base) pension security (state initiative), whereas within the third pillar it is possible to have a voluntary, additional private initiative (employee or household) 62. In the currently binding legal situation, institutionalized additional pension programs in Poland may take on a group form (as occupational pension programs) or individual (in the form of individual pension accounts and individual pension security accounts). Occupational pension programs are created by employees with the idea of voluntariness and freedom concerning their form and their functioning. The process of expanding the participation of employees in the market of occupational pension programs in Poland is very slow, far from the assumptions made by the creators of the pension reform and the situation in other EU countries. Although saving in occupational pension programs has been possible for 12 years now (since April 1999 63), employees' interest in providing additional pension security has been marginal. Currently, occupational pension program is run in about 0,03% of enterprises, and among 16 075 people working for the national economy its members are only 2,13% 64. At the end of 2011 there were only 1116 occupational pension programs run by 1150 employees.
Retirement, AXA Papers. Risk Education and Research, No. 2, p. 4. The research was conducted on May 8-13 2010 on a group of 1000 representative respondents selected at random among adult Poles. Polacy o dodatkowym oszczdzaniu na emerytur, Centrum Badania Opinii Spoecznej, Warsaw, June 2010, http://www.cbos.pl 60 Diagnoza Spoeczna 2011. Warunki i jako ycia Polakw, eds. J. Czapiski, T. Panek, Rada Monitoringu Spoecznego, Warsaw 2011, p. 66-67. The research was conducted in 12 387 households (primarily in 2000 it was 3005 households). 61 W. Sukowska, Przyczynek do dyskusji nad dodatkowym zabezpieczeniem emerytalnym w formie indywidualnych kont emerytalnych, in: Nowe wyzwania dla rynkw ubezpiecze w krajach Europy rodkowej i Wschodniej, eds. W. Sukowska, Wydawnictwo Uniwersytetu Ekonomicznego w Krakowie, Krakw 2007, p. 188. 62 T. Szumlicz. Ubezpieczenie spoeczne. Teoria dla praktyki. Oficyna Wydawnicza BRANTA, Bydgoszcz 2005, p. 270. 63 By virtue of the Act of Employee Pension Programs of 22 August 1997 (consolidated text in Journal of Laws from 2001, no 60, item 623 as amended), which was binding till the end of May 2004 r. 64 According to the data of Central Statistical Office (pl . GUS) at the end of IV quarter 2010
59 58

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Table 1. Selected data regarding the market of employee pension programs

Specification 1999 3 0,03 0,03 0,03 0,03 2000 29 5,4 4,6 4,5 0,1 4,7 2001 150 55,3 70,7 68,7 2,0 71,2 2002 182 81,2 202,4 195,9 6,5 279,8 2003 207 96,5 223,3 211,1 12,2 527,0 2004 342 129,1 267,6 256,0 11,7 919,5 2005 906 260,3 413,6 397,8 15,8 2006 974 281,5 693,0 670,4 22,7 2007 1019 312,1 747,5 724,2 23,3 2008 1078 325,0 832,0 806,0 26,0 2009 1099 333,5 888,9 864,4 24,5 2010 1113 342,5 974,6 948,3 26,3 2011 1116 344,6 1 072,30 1 041,80 30,5 6597,7

Number of functioning occupational pension programs ( Number of PPE members (in thousands) Value of contributions (in mln zl) including: - base contributions - additional contributions Value of collected assets at the end of the year (in mln z

1695,5 2793,2 3806,4 3607,7 4998,0 6286,1

Source: Rynek PPE aktualne zmiany i tendencje, Komisja Nadzoru Finansowego, Warsaw 2008, p. 9; Pracownicze programy emerytalne w 2011 r. Urzd Komisji Nadzoru Finansowego, Warsaw 2012, p. 6.

Taking into consideration the size of occupational pension programs estimated on the basis of its members, at the end of 2011, alike in previous years, small programs dominated. Moreover, every second program registered in the Polish Financial Supervision Authority did not have more than 50 members (50,8%). The biggest enterprises, which employ over 1000 workers, are the least prone to create occupational pension programs (5,2%). The biggest number of such programs functions in mazowieckie voivodship (17,74%) whereas the smallest in lubuskie voivodship (1,74%).

Fig. 1. Layout of employees in Poland running occupational pension programs with division into voivodships in 2011 (in %) Source: own summary on the basis of the data of the Polish Financial Supervision Authority (www.knf.gov.pl)

Analyzing the development dynamics of the market of occupational pension programs, estimated by the number of new members and functioning programs oscillating around 1-3%, one may conclude that there has been a visible depression on this market. Also, in the preliminary phase of functioning of occupational pension programs, their number has been far from expectations of the pension reform creators. As the rules concerning creation and functioning of those programs turned unattractive and insufficient for both employees and employers, one may suggest fiasco of this form of private pension insurance. Similar conclusions are drawn after the analysis of individual pension accounts (IKE). Their start in 2004 gave hope for a stronger position of additional pension security, especially due to the fact that the government assumed further development of this form of additional

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insurance 65. The data presented in Table 2 show that the number of IKE was not increasing at the expected rate and in 2008-2010 it systematically decreased.
Table 2. The market of individual pension accounts in 2004-2011
Specification Number of open IKE IKE assets (in thousand zl) Average value of IKE contributions (in zl) Limit of IKE contributions (in zl) Average utilization of IKE limit Average status of the account (in zl) 2004 175 476 168 558 1 905 3 435 55,5% 960 2005 425 272 689 632 2 204 3 635 60,6% 1 622 2006 840 263 2 199 3 521 62,5% 1 545 2007 915 492 1 719 3 697 46,5% 2 037 2008 853 832 1 561 4 055 38,5% 1 890 2009 809 219 1 850 9 579 19,3% 2 718 2010 792 466 1 971 10 077 19,6% 3 440 2011 814 449 1 982 10 578 18,7% 3 394

1 298 545 1 864 570 1 613 789 2 199 421 2 726 395 2 763 980

Source: own summary on the basis of the data of Polish Financial Supervision Authority (www.knf.gov.pl)

In order to encourage Polish society to save within IKE, the product was made flexible by for instance facilitating partial return of IKE means, payouts in installments and the annual limit of contributions was raised to the sum of money three times higher than the forecast monthly salary in the national economy in a particular year. These changes did not have the desired effect. It was not until 2011 when effective promotion campaign in a few investment fund societies caused an increase in the number of open and functioning IKE 66. Since January 2012 there has been a new product available on the market Individual Pension Security Account (IKZE), which differs from IKE with respect to taxation. While contributions to IKE are subject to income tax and payout is tax-free, in IKZE it is reversed. Contributions to IKZE are taxdeductible while subject to income tax after finishing the period of saving are the final payout along with return of means collected on the account to authorized person in the case of death of the saving person. Private pension programs in selected countries In order to present the participation of a given society in the system of private pensions, two participation rates are used, i.e. the ratio between the number of members of private pension programs and the number of people in working age and to labor stocks, which is presented with regard to selected countries in Table 3.
Table 3. Participation rate in the market of private pension programs in selected OECD countries

Specification Australia Germany Holland Spain Great Britain USA

As % of working age population 85,7 47,1 88,6 18,6 43,3 47,1

As % of labor stocks 90,6 51,6 93,4 22,7 53,0 58,7

Source: OECD Pensions Outlook 2012, Directorate for Financial and Enterprise Affairs, Paris 2012, p. 104.

Low degree of participation in the market of private pension programs is characteristic of countries in which these programs are voluntary (e.g. in Poland). In general, the highest participation rate in private pension programs occurs in countries where additional forms of old-age security are obligatory or quasi-obligatory, as in Australia, Estonia, Finland, Island, Israel, Sweden, Switzerland (participation rate is over 70%). In those countries, the state obliges its citizens to participate in the market of private pension programs by estimating the amount of contribution which should be paid to

65 W. Nagel, Powszechny system emerytalny w Polsce: postulat czy konieczno, Ubezpieczenia w rolnictwie. Materiay i Studia, Kasa Rolniczego Ubezpieczenia Spoecznego, Warsaw 2010, p. 21. 66 Indywidualne konta emerytalne w 2011 r., Urzd Komisji Nadzoru Finansowego, Warsaw 2012, p. 19.

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the system. According to OECD data, thirteen among thirty-four OECD countries have an obligatory or quasi-obligatory sector of private pensions 67. Additional pension programs complementing the public system include individual programs and group programs in the form of occupational pension programs. Their participation rate is on a varied level in different countries although it is claimed that occupational pension programs have a greater role than the individual ones. It is so in Finland, Denmark and Island where assets collected in occupational pension programs exceed 85% of the assets of the whole market of private pension programs 68. Bearing in mind spendings incurred on pensions, in the majority of countries around the world the main source of financing pensions are public funds. According to the data from 2007, payments from the system of private pensions in OECD zone amounted to about 1,6% of gross domestic product, which constitutes only about 20% of public spendings on pensions. It should be also stressed that spendings on pensions from the private system in 1990-2007 increased 23% faster than GDP in the OECD zone. The highest spending rate on private pensions is also characteristic of countries where the system of private pensions is obligatory (e.g. Holland where it is quasi-obligatory to create occupational pension programs and they amount to 5,2% GDP) or of countries where the participation rate in the market of private pensions is high (for instance in Great Britain they constitute 4,5% GDP) (see Figure 2).

red color public expenditures green color private expenditures Fig. 2. Structure of expenditures on pensions in OECD countries in 2007 Source: own summary on the basis of http://dx.doi.org/10.1787/514661732184

67 68

OECD Pensions Outlook 2012, p. 105. OECD Global Pension Statistics, http://dx.doi.org/10.1787/514812220478 (DOA 03.07.2012)

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Many countries have undertaken actions aimed at increasing the role of additional old-age security; for instance, they rise contributions directed to occupational pension programs (Belgium, Denmark, Holland Great Britain). Other countries introduce the possibility of purchasing additional old-age security. This direction is particularly visible in for instance Germany and Italy, where the total retirement benefit paid out in 2046 will include benefits from occupational programs, absent in benefits paid out in 2006 69. It is estimated that the gross replacement rate in 2006-2046 from the public system will decrease in Italy by 17%, whereas it will increase by 14% from private programs. In Denmark, it will increase by 30% (with the decrease of 10% from the public system), which results from the maturity of the system of additional saving for pension in this country 70. Concluding remarks The issue of additional pension insurance in Poland is still an underestimated element of the pension reform. Even though the Polish pension system, which has been changing since 1999, assumes that obligatory saving for old age must be complimented with other forms, the participation rate in those forms, both occupational and individual, remains on a very low level, significantly lower than in many countries around the world. In general, private pension schemes play a greater role in providing source of income in old-age, yet their participation in different countries is varied. In order to enliven the market of private pension programs one ought to determine the factors which facilitate their development. There are three basic groups of solutions thanks to which it is possible to model demand and supply for private pension programs: tax benefits, state educational activity performed through financial institutions and inducements for employees to create occupational pension programs 71. Moreover, the availability of private programs is greatly determined by the replacement rate of salary with retirement benefit within the base system. In countries where private pension systems are voluntary and replacement rate high (e.g. Austria, Spain, Luxemburg), the participation rate in the private pension system is low. On the other hand, when the replacement rate is low (e.g in Ireland, Great Britain), the society needs additional sources of retirement income which are provided by additional pension funds.

B. Kos, Europejskie systemy emerytalne stan i perspektywy, Analizy BAS, Warsaw 2011, no 5 (49), p. 8. Updates of current and prospective theoretical pension replacement rates 2006-2046, The Indicator SubGroup of the Social Protection Committee, July 2009, p. 16-17. 71 Comparative analysis of functioning of group employee pension programs in Poland and selected European countries , PWC, p. 21, http://www.pwc.pl/pl_PL/pl/publikacje/PwC_Analiza_PPE_F.pdf (DOA 3.04.2012)
70

69

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6. THE STATE AND MUNICIPAL PROJECTS

BUSINESS PROCESS FOR UTILITY DATA MANAGEMENT IN THE CITY OF ZAGREB

Irena Duni City Office for Cadastre and Geodetic activities Introduction Formation and management of the Utility Cadastre in Croatia is responsibility of the local government bodies. Utility Cadastre contains data about type, purpose, basic technical features, the location of built utility lines, and in lists the names and addresses of their managers. As an upgrade of existing cadastre geoinformation systems in the Zagreb City Office for Cadastre and Geodetic activities, in 2005th, began the implementation of a VodGIS a geoinformation system for utility cadastre data management. The VodGIS system is basing on the GE Smallworld Core Spatial Technology and our own Base Map Data, available from following: Digital Cadastral Map (DCM), Spatial Units Register, and Digital Street map with house numbers. Realization of VodGIS system included all required activities that promptly provide designed solutions, alongside the establishment of business processes and production environment of data entry in the entire jurisdiction area of the City of Zagreb. Key words: VodGIS, Smallworld technology, geodetic project, geodetic_job, spatial authorization, quality of spatial information, detail point, physical occupancy of lines, 3D geometry GE Energy Smallworld Core Spatial Technology GE Smallworld Core Spatial Technology is proven Geospatial Information System (GIS) platform for delivering solutions to utilities, communications and public services. Its architecture includes a range of flexible, scalable applications, its own environment with object-oriented language - Magik and CASE tools for advanced programming. VodGIS system has an integrated range of specialty applications developed as unique technology for entry, editing, control and data manipulation. Version Management Server (swmfs) is the original GE Smallworld technology using for so-called long transactions and multi-user mode it is functional technology for advanced version managed datastore, without check in/out database procedures which gives users direct access to datastore, without the need for an extract, transform and load process. The long transaction is a database change that can last several days, weeks or months. It begins by creating an alternative of the entire database, and ends by sending the changed data to the parent from which an alternative is created. Because of possibility for manipulating only with data differences, the amount of network traffic is reduced. VodGIS users are able to select and navigate (if authorized) through the available versions of data in datastore without the need for any administrative tasks. Access to alternatives is part of the Smallworld authorization system with added VodGIS functionalities: - alternative formation as a business process task - "vertical" position to the selected alternative (job task) This technology is used also as space archive in real time because the alternatives can be accessed again. Authorization System has extending standard for access controls to enable users to work with the geographic areas and data that they are authorized for. Users are classified into groups and have different group rights assigned. Advanced spatial authorization is used for example to permit modifications of data geometry of VodGIS objects only if they are within the project area assigned to the job.

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The organization of the system - VodGIS user groups By the function of in the system there are following VodGIS user groups: VodGIS Standard users VodGIS Raster group VodGIS Plotting group VodGIS Administrators VodGIS Business process admins VodGIS Web browser users - authorized to enter data - authorized to enter only raster data - authorized to plot, print, export data - datastore administrators - business process data administrators, geodetic specialists - authorized for accessing a web application

The user, if a member of multiple groups, inherits a combination of group rights to a higher level, higher level cancels lower. Authorized user can create new alternatives only if he has individual rights to do so. Insert Update or Delete data can only user with his working alternative assigned to his individual job task. Besides working alternatives there are automatically formed several sub alternatives at: job opening time, job closing time, loading points time, job reactivation time.

VodGIS database alternatives

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Datastore structure VodGIS data is according to the data-type placed in six separate datastores, but acting like it is part of a single Smallworld database. Each datastore have own version management data system. Datastores are: ds_admin, ds_case ds_gis ds_cadastre ds_raster ds_upisnik - authorization data, data model and styles - contain all the utility cadastre data - contain Base Map data - division of the network sheets data and raster maps, - business process data, geodetic projects as geodetic_jobs

The Oracle-based spatial data is additionally stored as external database repository with daily data synchronization. Data from associated, external databases (shape or DWG / DXF and raster formats) in VodGIS environment is treated the same way as objects of Smallworld datastore. It is integrated into an application environment using the Smallworld SOM module (Spatial Object Manager). The SOM module manages the data from one or more external databases, controlling interconnections with VodGIS facilities, provides quick data access, spatial queries and data viewing in the native format without conversion. Configuration of the display consists of defining the style of presentation, the visibility of objects, selected coordinate system, georeferencing, transformation, selecting text fonts. Base maps As background information (Base Map) for utility cadastre VodGIS sistem include data from: Digital Cadastral Map (DCM), Spatial Units Register, and Digital Street Map with house numbers. Data from these datastores is the basis for implemented functions of spatial queries, searches and space positioning. DCM and other data are periodically importing into ds_katastar and plan is to establish a daily synchronization with these databases. Raster data digital orthophotos (DOF) and Basic State Map (BSM) is also using as VodGIS Base Map data. Without importing into VodGIS datastore as a Base Map frequently are using Utility Technical Maps (UTM) as georeferenced raster from external database. This combination of datastore and raster data is using for visualization on areas where all the data is not yet entered into database objects. As shown on the map below, there are 1436 UTM maps at a scale of 1:500, 257 UTM maps at a scale of 1:1000, and 25 UTM maps at a scale of 1:2000 and all were formed only on urbanized areas of the city with a large concentration of lines submitted. All existing UTM maps are scanned, georeferenced and archived. For areas without existing map, utility lines were just archived as original measurement data. Georeferenced Utility Technical Maps can be also imported into database objects of ds_raster datastore.

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Area of jurisdiction of the City of Zagreb - existing analog Utility Technical Maps (UTM)

Multiple geometries Smallworld database objects may have geometric and alphanumeric attributes and have a relational connection with other objects. The attributes and relationships of each object are modeled as object classes and defined in the database model. Smallworld support multiple geometries per object as his multiple representations. Multiple geometries allow visualization of such objects in different scales and the application of different topological rules, differentiating objects of the same object class. The selection of the geometry of an object in a graphical window showing its geometry (or more, annotations are a type of geometry), and in the Object Editor a number of other attributes and relations. Editor of an object (dialog box), contains also standard function keys Insert, Update, Delete and VodGIS additional functionality keys.

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VodGIS Object Editor contents of alphanumeric and graphical attributes above graphic window showing geometry

Fast searches and positioning functionality Very important functionality for search and positioning across all types of maps, reported job tasks, cadastral parcel, street or house number allows efficient and fast positioning on the entire jurisdiction area of the Zagreb City.

VodGIS system Functionality for fast search and positioning

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Designing VodGIS business process for data management VodGIS system is designed in accordance with the state law and utility cadastre regulations which requires that the data exchange between operators and the utility cadastre must be carried by geodetic project with professionally inspected and verified data. Unique graphic records are kept in the City since 1974th and all reported lines were mapped on the technical maps of different scales, respectively for the city center and for the periphery. Mapping on the analogue map could no longer follow the rapid development and urbanization in the city as no large influx of data for newly registered utility lines. Application of VodGIS system has enabled the realization of the many business benefits. Most basic is that for the entire city area, data and documents are available to all authorized users, at any time, with information about when and which user entered or changed the data.

Specific functionality of VodGIS system is its spatial component of business processes management. The basis of VodGIS business processes are geodetic projects integrated as objects of geodetic_job class. In the business process model, in addition to its spatial and time components, are defined job_tasks as everyday utility cadastre execution rules. Every geodetic job has its project_area as spatial overlay zone of reported lines its area of operation. Modern business realities require effective business process management, so the implemented model provides efficient rules for receiving of reported data as routing and interaction of basic procedures: validation, inspection, mapping, and archiving.

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The spatial association, spatial queries and statistical analysis turn data into spatial information. Project area statistics functionality allows efficient monitoring, planning and flow control of all business processes associated with data entry. VodGIS system is primarily based on original geodetic data measurements verified by the geodetic job tasks and certified by the geodetic specialist through geodetic project. Only validated and certified data of all types of lines enter in ds_gis dataset. Data for lines from earlier geodetic projects, with old application dates, are not carried out the order of their arrival in the cadastre. The organization of data input from geodetic projects received before 2010th year is time delayed and spatially limited with annual input plan due to large amounts of data scattered throughout the entire Zagreb City area. By the annual input plan, space inside the boundaries of the Zagreb City is divided into regular polygons of the same size, which positionaly correspond to the list of technical map at a scale of 1:500 as they are in the old coordinate system of Gauss-Krger projection. Determination of City areas for planning annual input depending on the dynamics of ground changes, building plans relevance, staff facilities. It can be cadastral municipality area, part of the settlement, a few streets but usually areas are the regular polygons that cover it.

VodGIS selected project_area of geodetic_job

Due to preserve the original data quality, lines are not entered onscreen vectorization from existing technical maps (official graphic part of the utility cadastre) but from the original measurement data from geodetic project. Input data is preceded by selection of utility lines that are positionaly located within the input covering area. This can be achieved because the spatial component of each geodetic project is already known at the time of registration as a VodGIS geodetic_job with project_area. Acceleration the process of data digitalization and entry is also trying to achieve in a manner that vector data from new geodetic projects is displayed overlaid with the raster data on subject maps. In this case it is not necessary to wait for the whole map or subject area to be vectorized in order to issue a complete review. Such presentations enabled, for small areas, a very rapid establishment of an up to date data review and the smooth functioning of the utility cadastre without dependence of the annual input plan. This way of organizing data provides insight into the completeness of input within any City area and the independence of the "old" data entries from daily process of verification and certification for new geodetic projects.

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Further improvement of data input is necessary to find ways to directly connect to utility managers databases because input process by digitization data of existing geodetic projects is slow and painstaking. The time component of VodGIS system enables access to information about whom and when changed data, reporting on the status of active geodetic jobs, warn the user to be up to date and to expiry time. Enter time of every geodetic job is defined by class objects geodetic_job, job_task, and job_event. Issuance of data is also monitored and recorded in the database through job tasks of VodGIS business process. Geodetic project as type of geodetic job Each type of geodetic_job is defined by a different model of VodGIS process, and it depends on its type, types of data, data origin, how data will be entered into the system or issued from. Geodetic project by registration into the system becomes a geodetic_job and is associated with objects job_task and job_event. The moment of job_task execution is recorded into associate job_event object with application rules defined by the VodGIS process model. The tasks are relational database objects associated with authorized users. Database objects can be changed only by authorized user if they are within authorized project_ area. Such an advanced spatial authorization is used for example to permit geometry modifications of data objects only if they are within the project_area assigned to the job.

VodGIS object editor for geodetic_job, job_task and job_event

Business process model for review and verification data in the VodGIS system corresponds to the sequence of status for the GEV type of geodetic_job. Pursuant to provisions of the utility cadastre rules governing body shall, within 30 days of receipt the request for review and confirmation of the geodetic project, to review and confirm the same or provide written conclusion with comments and set a deadline for removal of deficiencies which can not be longer than 60 days. For newly registered GEV type of geodetic_jobs, measured data about the position of lines and associated facilities - the list of spatial coordinates of measured points - to be submitted in digital format so the data entry process is shorter and partially automated. The entire application process, review, confirming, mapping and archiving data of the GEV type of geodetic_job is carried out in VodGIS system in order of arrival geodetic project in the utility cadastre.

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The sequence of GEV type of geodetic_jobs tasks are: Submitted, In Review, In Additions, Rejected, Confirmed, In Mapping, Mapped, In Mapping Review, Mapping Reviewed, Archiving and Archived. Job is in the status Submitted from the moment of its registration to system up to assigning one of four possible tasks to users: review, mapping, review_mapping and archiving. After job tasks assigned to the user, the geodetic_job appears in the list of user jobs. At the same time only one user is authorized for each job task, until he changes its status from given to finish. Choosing a job, user positions itself in the project_area within authority to enter or edit objects. Although user has access to view all database objects, he can enter or edit objects only within project_area of assigned geodetic_job (Spatial authorization). The possibility of direct connection for external digital data and their comparison with objects of VodGIS database (with Spatial Object Manager) is included in the review business process. Standard template for data exchange is also developed, but has not become one into practice because the commitments to share data in a standard digital format is not yet prescribed by applicable regulations. If the review of geodetic_job doesnt have any faults, it is confirmed by changing the job_status to Verified-Confirmed and by automatic creating of the confirmation document. All legally prescribed documents (certificate, conclusion and dismissing decision) are automatically generated by VodGIS system; remain associated with the corresponding geodetic_job and all archived as originals. After confirmed on the VodGIS system geodetic_job continue to appear on the job list of another user in charge for mapping and data entry. To enter data are using Smallworld basic tools, with complemented VodGIS functions for 3D mapping, conversion of linear object geometry in 3D geometry objects Dt_izmjere, for rotation TXT heights in the direction of lines, editing functions (deletion, moving, and rotation). After mapping completion, process continues with an overview of the correctness of entered objects in the status mapping review. Accuracy and completeness of data transfer from geodetic project to VodGIS database objects is controlled by selection of entered objects functionality, by different graphic presentation, and by comparation of calculated and reported lines length. Work on data verification and entry is completed at the time of changing job_status and by posting changes into general production alternative. Archived data from all alternatives can be viewed by all users, but editing is not allowed without new job_tasks assigned and not without a reactivation of geodetic_job. Geodetic projects that were previously reviewed and approved, and the data partly mapped to the analog maps of utility cadastre (maps are not created for the entire area of the city of Zagreb) have been registered in VodGIS system as geodetic_jobs of OSI type. In VodGIS system OSI type of geodetic_job began by job_task mapping and data are entered from the original measurements. In older geodetic projects survey data and documents are mostly analog (for example, lists of the calculated coordinates) so first must be digitized by scanning, then purge, generate corresponding template to load, load and input into map geometry by connecting points, fills in attributes of objects (profiles, pipe material), edit the presentation and TXT attributes. All other digital documents or parts of geodetic projects can be archived as links with the corresponding geodetic_job (analog are converted into digital scans). Physically documents are located outside of VodGIS datastore, but as part of VodGIS system stay connected with geodetic_job. Project_area and spatial authorization All the utility cadastre geodetic projects (approximately 17 000) arrived since 1974th to 2005th were initially registered as OSI or R_N job types in the VodGIS system database. During the initial loading, from alphanumeric database to VodGIS system, all the attribute data of geodetic projects transfers to geodetic_job. By built-in functionality, area of spreading for each geodetic project was created as its project_area and as cut out combination for several geometries of streets and technical maps. Later in the process of mapping utility data, initial geometry of any geodetic project (its project_area) can be precisely modified and reduced. The most precise

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project_area is determined by constructed area from geometry of the loaded points or from geometry of the entered utility line objects.

VodGIS - visualization of geodetic jobs by type for west part of Zagreb City

Except to spatial search and queries the project_area of geodetic_job in VodGIS system has a spatial authorization element, so that utility objects registred by geodetic_job can not enter into the system if they are not spatially overlapping project_area. Spatial component of geodetic_job enable visualization for example the project_area by type of utility line and also essential functionality the fast positioning by the area of selected geodetic_job. In addition, the geometry of such a large number of registered geodetic_jobs allows spatial queries for the entire area of the City of Zagreb, regardless of whether the data of the utility line objects is entered (database mapped) or not. Area statistic functionality is used to check the number and status of registered geodetic projects on desired covering area. The quality of spatial information An important and demanding segment of the project implementation is the quality of spatial information. For each database object is known anyone who has entered or changed it, the date of its entry and change and by which geodetic_job is registered into VodGIS system. All database objects also contain certain attribute by code generation, methods of measurement and height accuracy. Quality assessment of entered data is accomplished automatically by the method of attributing objects already when inserting objects into the database. Topological model of the VodGIS system with builtin special functionalities that reduce the time required for entry and editing, increase the precision, accuracy and consistency of database objects. The spatial queries, integrated statistics functionality for the selected job or covered area, allow visualization and efficient quality control.

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VodGIS predefined attributes for the object class Dt_izmjere

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Physical occupancy of underground utility lines The concept of space in VodGIS system is three-dimensional and altitude data is not just an attribute, i.e. the text with a certain point. Spatial data becomes three-dimensional with known terrain height and depth for every designated point of utility facilities objects and by build database objects geometry as 3Dpoint, 3Dline or 3Dsurface. Other spatial attributes, profile label, pipe width, corresponding to generated geometry of database object and its real physical occupancy. Physical occupancy of underground utility line is its topology, which is calculated, and can be visualized, in the form of longitudinal or transverse profile of the selected object. From entered 3D objects geometry and their associated spatial attributes is possible to determine, for example: whether the two sections of different types of lines intersect or cross paths, the height of utility in any of its selected point, location, area and volume of their spatial occupancy under the ground, calculate length, distance, surface of utility facilities. Linear interpolation function of altitude allows the determination of heights for selected object and, when necessary, to enter or check the incomplete data. Smallworld Internet Application Server - SIAS Web Browser For all users involved in the office intranet network the online Smallworld data access via a web browser and Smallworld Internet Application Server (SIAS) technology is enabled. The application enables transparent access to VodGIS system for a large number of users in a simple, functional way without excessive technical demands. Flexible and expandable with the client and server side, access is limited to authorized users, and display the data of one, selected alternative. Based on XML, WMS and GML standards VodGIS Web browser has established a way of presenting complete production database in real time. Summary: VodGIS Utility Cadastre management system enables efficient way of collecting, registration and management data through faster interaction of application, review, certification, archiving business procedures and efficient production of extracted data, prints, copies. Great importance is given to quality of spatial data, so data of the original measurements is taken from existing analogue Utility Cadastre records. If the data is downloaded from other sources, method of survey, elevation accuracy and its origin are known for each entered line. In addition to accurate positional occupancy, the 3D physical occupancy of lines is also known. Execution rules of daily tasks, informatization of data and business processes are designed in compliance with the existing law provisions. Geodetic projects are integrated in system as jobs and as basis of business process of Utility Cadastre. Connection with data from Land cadastre, Spatial units register database, Digital ortophoto and Croatian base map, offer positioning, spatial querying, parallel viewing. For automation digital entry the tools and procedures of review and importing data into the VodGIS database are used. Standard template is developed for exchange digital vector data. VodGIS Web, easy-to-use browser application, offers efficient enterprise access to geospatial and asset data via Intranet or Internet representing complete up-to-date database. References: 1. Own paper released and presented in the Proceedings of III. Symposium for licensed geodetic engineers, Opatija, October 2010th 2. Smallworld Core 4.1 Main Documentation 3. Smallworld Core 4.1 Secondary Documentation 4. Smallworld Internet Application Server 4 Documentation 5. Spatial Object Managers 4.0a Documentation 6. VodGIS project documentation and help manual 7. http://www.gepower.com/ 8. http://www.smallworldtechnology.com/

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CAMPUS MOBILE?
Peter J Halls University of York Heslington, York YO10 5DD, United Kingdom Tel.: 01904 323806 e-mail: P.Halls@york.ac.uk Abstract Mobile devices, such as the latest iPhone or Samsung Galaxy Note, are now available with satellite positioning that yields remarkably accurate location. Especially amongst the student community, such devices are already popular. In addition to supporting such devices for interactive campus mapping, the University of York is also experimenting with these devices for field data collection and revisit monitoring in Ecology. This paper reports the investigations into the effectiveness of smart-phones, both as campus navigation devices and in the field, and draws conclusions in relation to the potential ubiquity of these devices. Introduction Within the departments at the University of York are several where students are required to collect field observations. For example, a typical Archaeological reconnaissance technique, called field walking is to walk across freshly ploughed fields, recording any artefacts observed on the surface and marking the location of the find by planting a marker at the location and moving on. At the end of the process, the locations of the markers are recorded. Ecologists often need to record information multiple times over a temporal period, requiring the ability to return to the same location each time. Typically, such studies must mark the location invasively by leaving a permanent marker at the locations of interest, whilst a non-invasive method would be much preferred. In addition, as described in Halls (2010), there are Location Based Services benefits from the use of Global Satellite Navigation Systems (GNSS) enabled personal devices which enable the user to know their exact location, from which to determine their route to their desired destination. 3-G personal devices, which include GNSS capability, offer the potential to support such activities and are becoming ubiquitous. The availability of Augmentation Services for smart phones, as released by the European GNSS Agency for EGNOS (GSA/PR/11/05 2011), provide a simple means for smart phone capabilities to be upgraded to use satellite broadcast differential correction services. Diggelen et al (2011) describe the development of single chip multiple-service GNSS facilities for mobile phones, which delivers greatly improved positional accuracy through access to both the US GPS and the Russian GLONAS GNSS systems. The experiments reported in this paper were conducted using one of the first commercially available devices employing the chip described by Diggelen. A number of applications are available for these 3-G personal devices that combine the facilities available, for example to geotag photographs with the location from which the picture was taken or to record a track of where the user has been. Such applications offer a number of potential benefits for field scientists: for example to record an observed plant community or an artefact discovered during field walking in situ, together with the location of the observation. To some extent, this is nothing new: various workers have reported experiments in the use of 3G personal devices in field work. Existing work There has been work in the past decade exploring ways of bringing Geoscience fieldwork up to date using modern technology (Green and King 2004; Field et al 2005; Linsey et al 2010). Not that the technology is all that modern: commercial data collection products for portable devices and, more recently PDAs, have been available since the 1990's, many incorporating, or linking to, GNSS.

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Field et al (2005) describe Geoscience fieldwork using the commercial ArcPAD and ArcGIS products, where mobile GIS technologies were exploited. In this case, the data collected in the field during the day were downloaded each evening, and then shared amongst the cohort. The mobile mapping platform used comprised a laptop computer, running ArcGIS; an iPAQ handheld computer running ArcPAD; a Fortuna Bluetooth GPS; and a Garmin GPS 72 Receiver. They report positioning as typically within 10m accuracy, enabling data collection in the form of waypoints and trackpoints. The ArcPAD devices were pre-loaded with base mapping or ortho-rectified aerial photography and two land use mapping case studies were undertaken by different student cohorts on Malta. The students took the iPaq and Fortuna and Garmin GPS into the field, downloading their data to the laptop in the evening. As polygonal data could not be collected in the field, due to lack of access rights as much as any other cause, the student's used conventional forms to record descriptive information and processed these with the positional information to incrementally produce land use maps during their post-field activities. The exercise was repeated in 2005 in the form of geological mapping around Ullapool, in north west Scotland. It should be noted that differential GNSS signals were not available for either field location. Practical issues that arose concerned mainly the precision of the positioning data and, in the case of Ullapool, weather and limitations caused by the need for weatherproofing the equipment although the authors do note that, properly protected, the equipment was as vulnerable to the weather as are paper-based techniques. Other limitations included limited opportunities for collaboration between student groups in the field; limited student access to supervising staff; significant work to process and share data; and limitations to the analysis that could be performed in the field (Linsey et al 2010). It should be noted that this work did not include any requirement for revisiting any recorded site. Linsey et al (2010) describe an enhanced approach using mobile and personal technologies. Field work was conducted on the Isle of Wight, off the south coast of England; Almeira (Spain); and Malta in 2008 and 2009. A number of changes were made over the previous project, including the use of social media and controlled text messaging and the use of GNSS enabled PDAs. Students were asked to use their personal technologies to photograph features of interest in the field and to upload the images to a social media site, together with a narrative and search tags. Few students exploited the photography option, partly because of the need for an evening upload to the site and partly because the students preferred to upload to their personal social media sites. The use of wireless internet at the hotel base enabled students to share photographs. Although GNSS-enabled cameras were not used, ArcGIS Server was installed on an internet-enabled laptop to enable direct upload of collected spatial data and a student-led revision process. Whilst all the students possessed a mobile phone, their devices demonstrated the range of capabilities of these devices; they also needed to be prompted as to the advantage of using their own device over the equipment provided. Issues documented with this mobile technology included battery life when using GNSS in the field; bandwidth and mobile signal access; data charges, especially international roaming costs; weather resilience; and the range of positional accuracy: 2-3m to 15-30m. Student collaboration and contact with supervising staff were significantly enhanced over the earlier study and the provision of GIS processing and analysis in the field enabled the students to complete the full cycle of the project whilst in the field. Students had to be 'encouraged' to use the facilities for digital record making, although benefits were reported by those who did. Again, the work undertaken included no requirement for repeat visits to any recorded location. San (2010) reports experiments performed as a result of 3-G GNSS accuracy problems encountered during biology fieldwork, where 10m was the best positional accuracy achieved. This level of accuracy is, of course, quite normal for consumer devices. Taking advantage of the European Space Agency's EGNOS provision, San devised an experiment to test the accuracy EGNOS augmentation might give his 3-G devices. He reports an improvement from 10m to 2m. Since San's experiments, the European GNSS Agency (GSA) have released a toolkit for EGNOS applications (GSA/PR/11/05 2011). This is available as a demo application and source code to enable the integration of enhanced EGNOS positioning capability into applications. Rohm (2011) describes a proposal to integrate Differential GPS (DGPS) into a Nokia mobile phone; however, there is no indication that this has been implemented. Zhang et al (2011) evaluated a number of High Sensitivity GPS (HSGPS) devices and 220

mobile phones for accuracy in Sydney, Australia. All the devices were enabled for Augmentation services and the GNSS chip ages ranged from 2004 to 2010. Accuracy was measured for fixed locations on the University of New South Wales campus and for tracks in the nearby community, where the landscape included an urban canyon, a shopping centre and dense tree foliage. None of the devices performed well in the urban canyon and, unsurprisingly perhaps, performance in the difficult environment of the shopping centre was very patchy. In the parkland environment, where tree cover was tested, mixed results were obtained, some devices performing better than others. The key finding seems to be that newer devices performed better than those which were older. Our immediate goals are for campus navigation and to facilitate revisit to field observations without leaving invasive markers. For the field observations, an accuracy of about 1m is desired in primarily open spaces, which should be achievable using the EGNOS Augmentation service. The campus comprises a mixture of concrete and brick buildings of mixed heights in a parkland environment, surrounding a lake. There are a number of locations known to give bad GNSS fixes, either through multipath or the shadow effects of buildings. It is, therefore, somewhat similar to the 'urban canyon' environment described by Zhang et al (2011). Our experiments Experiments have been conducted using a Samsung Galaxy Note mobile phone, which is equipped with the chip described by Diggelen et al (2011). This device features a 24 channel multi-service GNSS receiver, with built-in support for Augmentation. Tests conducted at the University of Edinburgh have suggested that the GNSS capability of this device is close to survey grade, perhaps getting near to 10cm when using Augmentation and mobile signals to refine the position (Mackanness 2012 pers comm). The 'My Tracks' application was installed, to provide track record management, and the GNSS configured for best positional measurement. The collected tracks were compared with a variety of sources of maps or aerial imagery. Tests were performed in an area of forest, lake and open ground near Olsztyn, Poland, and around the University campus in York. The results on campus compare well with those of previous experiments using Trimble and Leica DGPS survey instruments, although it is possible that some additional correction using the mobile signals may have been of benefit. Results were notably better than those collected with a consumer grade device, a Garmin 12XL, but error prone in areas of known poor reception. For the purposes of campus navigation support, it should be possible to estimate a user's position reasonably well, but in some locations the user may need to exercise some common sense. This is no different to the use of other forms of navigational aid. The results from Olsztyn demonstrate well what can be expected in the natural environment. Two tracks are illustrated: one along a trail through forest to a lake and an open environment; and one through a housing estate to a mixed area of open ground and open woodland. In each case, the instrument was located in the left hand breast pocket and, essentially, forgotten about, meaning that records were collected even when stationery. Walking speed was around five or six km per hour and the tracks recorded in early June 2012. The first track used began in reasonably open ground, followed a track which involved open clearings and areas of dense, mostly mixed deciduous and coniferous forest, before passing alongside a lake, surrounded by forest at one end and in open land at the other (Figure 1). Generally, the track record aligns well with the path visible in aerial imagery and digital mapping; in the open area towards the foot of the lake, an excellent alignment is achieved (Figure 2). In the forest, however, the positional record is very variable, a reflection of the impact of forest canopy on GNSS signals (Figure 3). Indeed, it is generally recommended that an external antenna, mounted on a ranging pole and poked up into or through the canopy, be used in forest environments; the Galaxy Note has no facility for an external antenna. In addition, the canopy height was typically 10 to 15m: a ranging pole of this length would be unwieldy, at best.

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The second track (Figure 4) starts and finishes at a location within a modern, open housing estate; it seems probable that the device had not been switched off when entering the building, although the start and end points should have been identical: positioned at the gate (Figure 5). We do not currently have any application for the Galaxy Note that displays the satellite geometry: especially adjacent to buildings, this would be valuable for the assessment of likely accuracy. Unlike the forest tracks, however, here the progress is generally recorded as a smooth path. The track followed residential roads, recording the correct side of the road, until reaching an area of open, mostly deciduous woodland. Here the trace remains almost as smooth as along the urban roads. The track then passed through open country, before skirting another area of open woodland and passing along an open corridor, about 200m wide, between two areas of woodland, separated by a railway line. The railway then follows along a high embankment, alongside which the track loses accuracy (Figure 6). The record of a halt between trees and a lake appears as somewhat of a bird's nest, however (Figure 7). The remainder of the track, returning through the residential area, is mostly good, although significantly distorted whilst passing a school building (Figure 8): most likely indicating a shadow effect cutting off some of the GNSS signals. In the forest area, as with other hand-held devices, the track record is heavily affected by anomalies. In particular, points when stationary for several minutes display significant variation in the estimation of location: whilst these locations had typically a restricted view of the sky, with trees to one side or all around, this does need further investigation. As with the campus tracks, the Olsztyn results reflect widespread experience in using GNSS devices for positional measurement, especially in forest where variations in the canopy density can have a significant impact on the availability of the GNSS signals at the receiver, or around large buildings. In generally open areas, as with other GNSS devices, the record is smooth and accurate. These experiments have not attempted to assess revisit accuracy; however, given the general precision shown when walking alongside roads along pavements between 1m and 2m in width, it is confidently expected that our requirement for 1m will be comfortably achieved. Conclusions One of the initial questions guiding this work was whether the new generation of smart-phones, equipped with highly sensitive GNSS capability, could be suitable for recording positional observations in Ecological and Archaeological fieldwork. This work appears to show that devices such as the Samsung Galaxy Note tested do indeed have potential in this regard, subject to the normal limitations of GNSS positioning, especially with hand-held devices. The Galaxy Note represents a new generation in GNSS-enabled mobile devices and further models exploiting the same chip are expected to market, which will widen the field for device selection. Further work is needed, to determine revisit accuracy and to test positional attribution of photographic images; it would be useful to install an application to assist in mission planning by displaying the satellite geometry for any given study area. We are also investigating the use of online GIS Servers in association with mobile devices, both to deliver base mapping and to facilitate the upload and editing of new / revised information. On Campus, as navigation assistants, there is promise. There is significant potential for combining online mapping, up-to-date access information and the user's current location in order to offer advice as how best to reach the desired destination (Halls 2011). University campuses, however, tend to similarity with urban environments, with buildings of various sizes and constructions. The findings of this work mirror those of others, eg Zhan et al (2011), in emphasising the long understood limitations of GNSS within such environments: multipath and shadow effects are common and not easily ameliorated by other techniques. For campus navigation, mobile devices will offer assistance, but that assistance will have to be tempered by common sense. Acknowledgements Thanks are due to Christine O'Dea, Department of Biology, University of York, for asking the key first question that led to the investigations into mobile devices for field data collection.

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Bibliography 1. van Diggelen, Frank, Abraham, Charlie, de Salas, Javier, Silva, Randy, 2011, GNSS Inside Mobile Phones: GPS, Glonass, QZSS and SBAS in a Single Chip. InsideGNSS, March/April 2011 pp50-60. 2. Field, K., Grocott, J., Truelove, L., Smith, M., Lynch, K., 2005, GIS in the real world: Using mobile technology in fieldwork (MOTIF). ESRI User Conference. 3. Green, D.R., and King, S.D., 2004, Pencil out, stylus in: geospatial technologies give coastal fieldwork a new dimension. Geography 89(1) pp58-70. 4. GSA/PR/11/05, 2011, New free software 'Toolkits' bring EGNOS accuracy and integrity to smart phones. Press Release 15/11/2011, Brussels: European GNSS Agency. 5. Halls, Peter J., 2010, I Need to be There A new approach to Campus Mapping using today's Technology. In Kerekovi, Davorin, (ed), The Future with GIS, Zagreb: Hrvatski Informatiki Zbor / Bankowa: University of Sileasia, pp147-155. 6. Linsey, Tim, Hall, Richard, Ooms, Ann, Taylor, Peter, Andrew, Malcolm, O'Brien, James, Field, Ken, Downward, Stuart, 2010, Mobilising Remote Student Engagement (MoRSE): JISC project Final Report. 7. Rohm, Witold, 2011, DGPS in Mobile Phones Perspectives, Technology, Limitations. JUNIORSTAV 2011 6.1 Geodesy. 8. San, John, 2010, Improving GPS accuracy with EGNOS. Out There and In Here, Open University Blog. Available online at http://www.open.ac.uk/blogs/otih/?p=385#more-385 (last accessed 20.12.2011). 9. Zhang, Jiahuang, Li, Binghao, Dempster, Andrew G, Rizos, Chris, 2011, Evaluation of High Sensitivity GPS Receivers. Coordinates, March 2011. Available online at http://mycoordinates.org/evaluation-of-high-sensitivity-gps-receivers/all/1/ (last accessed on 20.12.2011). Figures

Figure 1: Track 1, through forest and along a lake side.

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Figure 2: Track 1: good alignment where clear of forest.

Figure 3: Poor tracking under mainly closed forest canopy.

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Figure 4: Track 2, through housing, woodland and open space.

Figure 5: The area around start and finish of Track Two.

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Figure 6: Anomaly along the railway embankment.

Figure 7: Anomalies at the lake shore.

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Figure 8: Anomaly passing the school buildings.

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7. INFORMATICS, LAW & COMMUNICATION

INFORMATION IN THE LAND USE PLANNING PROCESS AS AN ELEMENT OF ADMINISTRATIVE LEGISLATION

Grayna Szpor Cardinal Stefan Wyszyski University in Warsaw 1. Introduction Land use planning has traditionally been regulated on many levels in Europe, and administrative legislation has played an important role in the process. Planning procedures have been very formalised, and consequently, decision-making has been time consuming. In order to eliminate this hurdle, special legislative acts have proliferated, seeking to open the process to exceptions and exemptions. This however ignores the fact that for growth to be sustainable, the interests of various stakeholders must be balanced. Special legislative acts offer no safeguards in this respect. Therefore, other solutions must be sought in order to ensure that the states need to be able to respond promptly to new challenges is reconciled with a respectful approach to the standards of democracy and the European cohesion policy. In terms of land use planning and management, more and more opportunities in this regard are connected with increased efficiency in making land use information freely available. 2. Multilevel regulation Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on 13 December 2007, states in its Article 2 section 3 that the Union promotes economic, social and territorial cohesion and solidarity between Member States. 72 Thus the territorial dimension gained a place on a par with the economic and social aspects of the Union. This territorial dimension is also a part of mainstream European Union planning, as expressed in Europe 2020-Strategy for Smart, Sustainable and Inclusive Growth 73 and Territorial Agenda of European Union 2020. Towards an Inclusive, Smart and Sustainable Europe of Diverse Regions 74. Smart, sustainable and inclusive development should be achieved on the assumption that economic growth benefits not only the centre, but also the periphery, thus increasing territorial cohesion. Land use planning in the EU Member States is regulated at the national level by legal acts and policy documents. In Poland, these include: the act of 27 March 2003 on land use planning and management 75, over 10 various executive regulations issued by ministers to implement this act, as well as a number of normative acts at the local level, issued by municipal councils (rada gminy). The latter are referred to as local master plans (miejscowy plan zagospodarowania przestrzennego). Moreover, at the national and regional level, land use planning documents are also issued that are non-binding in character, such as for example the resolution no. 239 of the Council of Ministers of 13 December 2011 on adopting the Conceptual Framework of Land Use Planning in Poland 2030 (KPZK 2030) 76, passed pursuant to the amended law of 6 December 2006 on the principles of development policy. Other Member States employ a similar legislation structure. The freedom of legislation at national level is restricted, in practice, by EU legal acts as well as EU-wide planning documents. National programs take into consideration the provisions of the Leipzig Charter on Sustainable European Cities, adopted by the ministers of the Member States in May 2007 in Leipzig, the Toledo Declaration adopted by the ministers of the Member States for Urban Development at the informal
OJ EU Series C No 306 of 17 December 2007 r.; Journal of Laws of 2009 No 203 item 1569, entered into force on 1 December 2009. 73 Communication of the European Commission of 3 March 2010. 74 Reference document for the Territorial Agenda adopted at the informal ministerial meeting of ministers for territorial cohesion and urban development in May 2007 in Leipzig, updated along with the Territorial Agenda 2020 adopted on 19 May 2011 in Gdll (Hungary) at the informal ministerial meeting of ministers for territorial cohesion. 75 Journal of Laws of No 647 (consolidated text). 76 Polish Monitor 2012 No 252. Since land use planning is perceived as influenced by national, EU-wide and global processes, KPZK 2030 is treated as the Polish contribution to the debate on the EU cohesion policy and the inclusion of the territorial dimension in pursuing the goals of the EU.
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meeting on 22 June 2010, the Green Paper on Territorial Cohesion, adopted by the European Commission in October 2008 77, the Common Spatial Development Document of the V4+2 Countries (Bulgaria and Romania) adopted at the meeting of ministers for regional policy of the Visegrad Group in Budapest on 30 March 2010 with view to connecting the rail and road networks. Clearly, multilevel regulation is strongly present in land use planning, and administrative legislation plays an important role therein. 3. Administrative legislation and the formal aspects of land use planning procedures The notion of administrative legislation pertains to the law-making process of administrative law, and in its broadest sense includes any operations of administrative bodies aimed at establishing legal norms. Such operations may involve drafting legal acts, adopting such acts, participating in lawmaking efforts undertaken by other entities, publishing legal acts, oversight in matters related to administrative legislation, and control over administrative legislation by means of court procedures 78. One of the distinctive features of administrative legislation is how the level of formality of various procedures differs. Land use planning tends to rank amongst the most highly formalised. For example, Polish municipalities have a substantial planning responsibility. All municipalities are obliged to prepare and approve a local comprehensive planning document. In order to formulate their land use and management policies, municipal councils are required to adopt framework studies that set out the ramifications and directions of development (framework studies) for the entire municipal area. A framework study is not an act of local law. Local master plans are prepared on the basis of framework studies and determine land uses, including land designated for public interest projects. They also designate necessary resources. The master plans are formal acts of local law. So much for the theory; in practice however the scope of planning actually carried out is rather limited. Only approximately 25% of land is covered by local master plans that are in line with applicable law. 79 The legal basis of this situation is formed by two elements of the planning law (Article 4): the designation of land, placement of public interest investments, and determination of land management and construction conditions is effected by means of a local master plan, but in the absence of a local master plan, the determination of land management and construction conditions is effected by means of a decision on land management and construction conditions, with the following reservations: 1) the placement of public interest investments is effected by means of a decision on placement of a public interest investment; 2) land management and construction conditions for other investments are effected by means of a decision on construction conditions. Provisions of law make it mandatory for land use planning to involve numerous stakeholders, resulting in lengthy proceedings that are often hindered by abuse of rights (despite amendments that limit appeal options). As a consequence, local authorities tend to avoid engaging into the process of drafting master plans, choosing instead to allow investments on the basis of decisions issued by executive administrative entities. As the involvement of public administration entities in the law-making process increases, criticism related to the quality of legislation, as well as demands for improving this quality, tend to be addressed to representatives of the executive. Indeed, government-sponsored bills abound, representatives of the public administration remain highly visible in the law-making process, and the size and volume of executive legal acts continue to soar. Consequently, administrative legislation is justly considered to share responsibility for the flaws of legal regulation in general: it is too abundant, inconsistent, unclear and unstable 80.

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COM (2008) 616. T. Bkowski, P. Uzibo, G. Wierczyski, Zarys legislacji administracyjnej. Uwarunkowania i zasady prawotwrczej dziaalnoci administracji publicznej, Wrocaw 2010, pp. 56, 1416, 154; J. Warylewski (ed.), Zasady techniki prawodawczej. Komentarz do rozporzdzenia, Warszawa 2003, p. 41. 79 Context of integrated territorial development strategies in Poland http://www.espon interstrat.eu/admin/attachments/20110526141146_POLAND_FIN.pdf 80 G. Szpor, Wzrost roli orzecznictwa a mankamenty legislacji (in:) T. Bkowski, K. Grajewski, J. Warylewski (ed.), Orzecznictwo w systemie prawa, Warszawa 2008, pp. 223225; G. Szpor. Mankamenty legislacji administracyjnej w zakresie dostpu do informacji. Warszawa 2012 [in print]

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Decent legislation deficit is now considered one of the key weaknesses of the state 81. At the forefront of public debate at the moment is the notion of increased public participation in lawmaking 82. Necessary as it is, it should not be considered a universal cure-for-all. Legal research is focused on issues such as: the consequence of Polands membership in the EU; the emergence of new sources of law, leading to the problem of over-regulation; the increase in court-made law 83 as a response to the low quality of the statutory regulations; weaker position of public authorities in contractual relations with global businesses. 4. Exceptions from general planning principles The process of adopting master plans for public interest investments is complex and timeconsuming. It can obstruct in particular the completion of those investments that are designed on a massive scale. Consequently, the Polish parliament has on many occasions resorted to adopting special legislative acts, exempting certain entities from the requirements imposed by the act of 27 March 2003 on land use planning and management. One spectacular example of such special regulation is the act of 7 September 2007 on preparations for the European Football Championship tournament UEFA EURO 2012. 84 This act specified the legal requirements for the completion of operations necessary to carry out the tournament, including the design, construction, re-construction and renovation of stadiums and other construction projects in Poland. These operations were deemed public interest goals and public interest investments, as defined by the provisions pertaining to real estate management and provisions on land use planning and management (Article 3). This special law allowed for numerous exceptions to the general procedure outlined by the baseline land use planning and management law. In terms of the decisions on location of Euro 2012 objects, they were issued by the governor of a region (wojewoda), at the request of a special-purpose company or another competent entity, within 1 month of the filing of a simplified application appended with opinions of relevant bodies. Such opinions took the place of arrangements, permits, opinions or positions of relevant entities, as required by other acts of law. Moreover, if an entity failed to supply such an opinion within 30 days of filing of the application, the presumption took effect that the entity had no reservations with regard to the application. It was also the governor who forwarded the notification on the commencement of proceedings towards the issuance of the decision on location of Euro 2012 object to the applicant, the owners of real estate to be considered under the decision, and issued a public notice to other stakeholders, by means of placing announcements in the office of the province (urzd wojewdzki) and in municipal offices of the municipalities concerned, and finally in the local press. Division of real estate was established and confirmed by the decision on location of Euro 2012 objects. On the day this decision became final, the real estate it pertained to became by the sole operation of the law the property of either the State Treasury or the local authority unit. Any limited property rights that had encumbered the real estate expired, while leases and contracts to use property already held by the State Treasury or the local authority units were terminated with immediate effect. Losses resulting out of the termination of such contracts were liable for compensation from the State Treasury or the local authority units. The decision on location of Euro 2012 objects itself constituted the grounds for making relevant entries into the land and mortgage register and the plots and buildings register. On the day the decision was issued, the special-purpose company or another competent entity gained the right to use the real estate for construction related purposes, as defined by the act of 7 July 1994 Construction law. Enforcement of obligations resulting out of the decision on location of Euro 2012 objects proceeded under the provisions of the law on enforcement proceedings in public administration.

S. Wronkowska (ed.), Zasada demokratycznego pastwa prawa w Konstytucji RP, Warszawa 2006, p. 195; G. Ulicka, S. Wronkowska (eds.), Spory wok teorii i praktyki pastwa prawa, Warszawa 2011, p. 84. 82 W. Michaek, Zwikszenie uczestnictwa strony spoecznej w procesie stanowienia prawa najlepsze praktyki europejskie, materials of the V Expert Seminar Dobre praktyki w zakresie stanowienia prawa, 12 December 2011; http://www.prezydent.pl/dialog/fdp/sprawne-i-sluzebne-panstwo/materialy/. 83 W. Chrcielewski, Z problematyki skutecznoci norm prawa administracyjnego, PiP 2011, vol. 4, pp. 6172; M. Safjan, Odpowiedzialno odszkodowawcza z tytuu bezprawia normatywnego, RPEiS 2005, vol. 1, pp. 1333. 84 Journal of Laws of 2010 No 26 item 133, as amended, (consolidated text).

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Provision of the act of 7 September 2007 on preparations for the European Football Championship tournament UEFA EURO 2012 could not be applied to the preparation and completion of investments with regard to railway lines of national significance, and national roads under the authority of the General Director of National Roads and Motorways or a road-construction related special-purpose company 85. However, as far as other roads were concerned, the investors had the discretion to chose between this special law and two other laws: the law of 10 April 2003 r. on special requirements for preparing and completing investments pertaining to public roads 86 and the law of 12 February 2009 on special requirements for preparing and completing investments pertaining to public airports. 87 The act of 7 September 2007 on preparations for the European Football Championship tournament UEFA EURO 2012 changed the legal principles in Poland as a consequence of negotiations with UEFA. It is a striking illustration of how through a variety of contractual arrangements, the state gives up its powers. 88 As Ewa towska correctly noted: Euro 2012 is being held in Poland, but it is the UEFA that governs it and that collects the profits from it, naturally on the basis of a contract. This contract has an impact on the law, and on the extent of economic liberty. For example, in the stadiums and in the fanzones, only UEFA-approved products can be traded. The state and UEFA have entered into an agreement which authorised a de facto transfer of power over a part of what previously fell within the scope of public power. Contracts, traditionally intended for the purpose of facilitating the exchange of goods and services, are currently becoming an instrument of power in the hands of corporations, organisations, and interest groups which use them to reserve monopoly rights for themselves, to secure demand, and to evade liability. The Constitution contains guarantees of freedoms and rights, and provides for measures of their protection. However, it is only binding on the public authorities. If the decisions with regard to these right and freedoms are left in the hands of private entities, such as businesses, corporations and organisations, then we have no means of protecting ourselves against them. The traditional measures, such as an appeal to a higher instance, a case before an administrative court, or a complaint to the Constitutional Tribunal or the Ombudsman, are pointless in this situation. Contract law [] contains no safeguards against the globalised economic and corporate power. The process by which state power is being replaced with private economic power has just gained another instrument: a contract into which the state enters over our heads, and in which it gives up a part of its power. 89 5. Information in land use planning It is inherent to a democratic order that legal procedures should be formalised. In land use planning, the participation of stakeholders and the balancing of interests are ensured mainly by means of regulations pertaining to the informational procedures. Therefore, there is a need to support the municipalities in their land use planning efforts. Under the act of 2003, participation of a large number of individuals with highly specialised skills is required in the planning process, thus generating high costs of hiring such persons. For phases 1 and 2 of the planning process, the municipality must first make a decision on over a dozen types of conditions that must be taken into account, and then even more types of information that must be specified in the framework study (Article 10) and in the local master plan (Article 15). On top of that, there are two further regulations pertaining to the use of informational resources, both of which require the municipalities to rely on very costly materials. The regulations further contain appendixes

Act on repayment of selected unsatisfied claims of traders resulting out of the implementation of public tenders, adopted by the Sejm on 28 June 2012. The act stipulates that small and medium enterprises that worked on motorway construction before EURO 2012 and that have received no compensation for their services due to the bankruptcy of the primary contractor will be able to obtain compensation from the National Road Fund. Subsequently, the general director of national roads and motorways will seek redress for the expenses from the contractors who defaulted on the payments. Constitutionality of this act has raised doubts in the Prime Ministers Office. http://www.lex.pl/czytaj/-/artykul/doradca-prezydenta-nalezyprzeanalizowac-watpliwosci-ws-specustawy-drogowej 86 Journal of Laws of 2008 No 193 item 1194, as amended. 87 Journal of Laws No 42 item 340, and No 161 item 1281. 88 Ewa Siedlecka, Poprzez rne umowy pastwo pozbywa si wadzy, interview with Professor Ewa towska http://wyborcza.pl/1,76842,11954133,Letowska__Poprzez_rozne_umowy_panstwo_pozbywa_sie.html#ixzz1yQbQMTHk 89 As above.

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consisting of sample documents that must be used. 90 Moreover, the act itself determines the sequence of steps to be taken and lists over a dozen administrative entities that must be consulted with regard to the framework study (Article 11) and local master plan (Article 16) and just as many other entities whose opinion on the drafts of these documents must be sought. The act also specifies the deadlines for notifications, announcements, press publications, notification of the drafts being available for public inspection, the duration of the availability period and the period for lodging comments, for organising public debate, etc. Until recently, it was generally believed that the onerous nature of the planning procedures was a consequence precisely of the high cost and lengthy duration of these informational processes. Thus, the efforts to make administrative legislation more effective should be focused both on deregulation and on making data processing faster and cheaper by means of using information and communication technologies. 6. Digitisation of informational resources on land use and electronic communication The development of GIS creates new avenues that can be explored in order to make decisionmaking swifter and the expenses related to the collection of information lower. The European Union, by means of its structural funds, has strongly supported the digitization as well as increased accessibility of on-line spatial information in the public sector. The Member States themselves have also provided considerable funding for this purpose. Ten years into the implementation of the Lisbon strategy and of the national plans, Poland has made available on-line and free of charge the court-maintained mortgage and land registers, including the data on ownership of real property. The efforts towards digitising the register of plots and buildings and the register of utilities networks are less advanced. However, the data from a good number of municipalities are available free of charge for viewing on-line in the national geo-portal; fees are charged for downloading and using the data. In April 20120, the Minister of Administration and Digitalisation presented a report entitled State 2.0, recapitulating up-to-date results of the states informatization and digitization and suggesting a new approach. According to the report, in the implementation of the state IT projects, a number mistakes were made, such as the absence of a comprehensive analysis of users needs, focus on hardware rather than on user-friendly software, absence of coordination of projects implemented by various ministries, and lacking transparency of public tenders. However, the Head Office of Geodesy and Cartography (GUGiK) managed to actually produce the intended results. In assessing the Geoportal 2 project, worth PLN 90 million, the TERYT 2 project (a register of land boundaries), worth PLN 45 million, and the topographic database project (GBODT), worth PLN 170 million, the Minister declared that work on these systems was proceeding on schedule, and no obstacles to further progress were found. The topographic database project project objective are: an analysis, collection, processing, and releasing of spatial information to businessmen, public, and administration of all levels on Geoportal and other platforms, which cover the country's territory and comes in a resolution corresponding with topographic maps at scales 1:10,000 and 1:50,000. The database cover a number of topographic objects: the network of water currents, roads and rail roads, utility lines, terrainfeatures, buildings and structures, land use profiles, protected areas. Report State 2.0 states, that this project implemented by way of expanding the national spatial information infrastructure ought significantly cut down on the time businessmen and individuals must wait for current, high-quality topographic and topical data. It will save time and the cost of access to information, improve the building decision process for developers by providing them with expert opinions and analyses filled with current topographic databases available from the Head Office of Surveying and Cartography, the Provincial Marshal Offices, and the Provincial Surveying Documentation Centres. The data base will also invigorate entrepreneurship by offering direct online access tocurrent registries of topographic data bases and it will enhance the development of business and public services related to the geographical location of facilities and features.
90 Regulation of the Minister of Infrastructure of 28 April 2004 on the scope of the municipal framework study (Journal of Laws No 118 item1233); Regulation of the Minister of Infrastructure of 26 August 2003 on the scope of the local master plan (Journal of Laws No 164 item 1587).

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An example of using the data from the Georeference Database of Topographic Objects are: 1. spatial planning at local, national, and trans-border level, 2. design, construction, current operation and management of transport, technical, and in-dustrial infrastructure objects, 3. support for crisis management services, rescue services, and police, 4. support for nature conservation services and for national heritage protection services, 5. geographical location and surroundings of public administration objects--health centres, education centres, public administration offices, 6. basis for cartographic works: topographic, general geographic, and topical maps. The vision of social benfits is very attractive: Designers, architects and urban planners get precise, updated information about the area and surveyors are able to do precision measurements based on a sophisticated grid of reference points. Developers areable to quickly and easily identify infrastructures, such as: roads, rail roads, installations, natural objects, water flows, natural terrain features, and the ecological features of the areas where they plan their development projects (rational land management planning). Data base records are accessible via the API. The most frequent data base searches in the category "Coverage of Poland" so far: addresses (96%), plot boundaries (88%), water flows (87%), road and rail road networks (82%), while the surveying reference points were searched least frequently (42%). The gathered data are on the ongoing basis put on the portal at: www.geoportal.gov.pl The expected completion date for the topographic database is the end of 2013. If the deadline is met, it will be a breakthrough in terms of access to information for land use planning. At the same time, it will facilitate on-line access to information on master plans already in force, which at the moment is rather difficult. Since 2011, official e-journals have been published, featuring new local master plans along with their graphics components. These recent master plans, as well as selected older master plans, with graphics elements represented in varying quality, are also available from the Spatial Information Bulletin website, from the websites of regional info-systems, and from websites of local authority units. However, the graphics components tend to be unclear due to the inconsistent signage used to denote objects on digital maps intended for land use planning purposes. Legal standardisation of such signage is currently in progress. Information on master plans is also offered commercially. For instance, the commercial legal information system LEX (a project by Wolters Kluwer) includes, at an extra charge, a local master plans module, using Google Maps to represent graphically the scope of master plan coverage. There is also the option to browse and download specific municipal resolutions regarding local master plans, along with their graphics components. 7. Summary and conclusions Regulation is increasingly multi-level, due to European integration. The integration process on the one hand results in increased complexity of regulation, but on the other hand generates positive results. The formality of planning procedures increases the duration of decision-making, but at the same time ensures that various interests are balanced, and principles of territorial cohesion and sustainable development are observed. Consequently, both the provisions that eliminate the necessity to draw up local master plans as a precondition for proceeding with construction projects, as well as special legal acts that allow for exceptions from the general planning principles, put public interest at risk. More appropriate solutions might be twofold. Firstly, ineffective provisions should be removed from the generally applicable legal acts. Secondly, the process of seeking consultations and opinions in land use planning should be made more time-efficient by means of digitization of spatial information resources and implementation of electronic communication technologies.

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REGULATION ON GEOGRAPHIC INFORMATION SYSTEMS IN POLISH ADMINISTRATIVE JURISDICTION

Dorota Chromicka Research Assistant in the Department of the Information Technology Law of the Faculty of Law and Administration in the Cardinal Stefan Wyszyski University in Warsaw; judge's assistant in the Supreme Administrative Court of Poland Act of 4 March 2010 on infrastructure for spatial information 91, which came into force on 7 June 2010, is an implementation of the 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) 92. This act stipulates rules of creating and using infrastructure for spatial information (Article 1 section 1 point 1 of ISI act), understood as sets of spatial data described by metadata and the technical means, processes and procedures which concern them, which are applied and made available by administrative authorities co-creating spatial information infrastructure and third parties (Article 3 point 2 of ISI act). Spatial information infrastructure covers the sets of spatial data 93 which 1) refer to the territory of the Republic of Poland or are associated with it, 2) have electronic form, 3) are kept by administrative units or a third party which was authorised to join the infrastructure, 4) refer to at least one of the subjects of the spatial data stipulated in the act. As a rule, access to sets and services of spatial data, which enable to search, display, download, transform or invoke the spatial data services, is publicly available and accessible via means of telecommunication, and the free of charge access is to be provided in the case of search and view. Moreover, the Surveyor General of Poland establishes and maintains geo-portal of spatial information infrastructure 94 as well as records of sets and services of spatial data within the infrastructure. In the record of sets and services of the spatial data 95 most importantly there are enumerated record of land and buildings, as well as orthophoto map, registers of prices and value of the estate, data bases of the topographical objects and the Data Base of the General Geographic Objects. The provisions of the act on spatial information infrastructure are supported by the amended Geodetic and Cartographic Law 96 of 17 May 1989, which - in Article 4 - stipulates that for the territory of the whole country ICT data bases are to be established and maintained, containing sets of spatial data of the spatial information infrastructure, concerning among others: 1) record of the land and buildings (property cadaster); 2) state register of boundaries and areas of the Polish territorial division units; 3) state register of geographical names; 4) record of cities and towns, streets and addresses; 5) register of prices and value of the properties; 6) topographical objects with details enabling to create standard cartographic surveys; 7) general geographical objects with details enabling to create standard cartographic surveys; 8) satellite and aerial photographs as well as orthophoto maps and digital elevation models. Data bases are updated and managed in a manner which ensures interoperability of the collected sets of data and the services connected with them. It is the sets of data collected in the data bases mentioned above that constitute the foundation of the state system of information about the terrain, which is a part of spatial information infrastructure discussed in Article 3 point 2 of the ISI act. Application of the sets of spatial data, including record of land and buildings, as well as ortophoto maps is discussed in the jurisdiction of the administrative courts which is the subject of my further pondering. Records as well as ortophoto maps enable to describe the properties. However, legal provisions stipulate in what cases concerning public administration they can be used.
Dz. U. (Journal of Laws) No. 76, item 489 - hereinafter referred to as ISI Act. Official Journal of the European Union L 108 of 25 April 2007, amendment OJ L 73 of 15 March 2008. 93 The spatial data were characterized as data referring directly or indirectly to a given location or geographical area (Article 3 point 1 of the quoted act). 94 The portal is available under the address www.geoportal.gov.pl. 95 Available under the following address: http://www.geoportal.gov.pl/index.php?option=com_content&view=article&id=106&Itemid=64 (last visited: 9 July 2012). 96 Dz. U. 2010 No. 193, item 1287 as amended - hereinafter called GCL.
92 91

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Administrative courts are authorised to investigate whether the administrative acts challenged by the parties are compliant with the law. Whilst characterizing briefly the two-tier supervision system exercised by administrative courts it needs to be highlighted that, pursuant to Article 1 of the Act of 25 July 2002 on the structure of administrative courts 97 and Article 3, section 1 and 2, point 1 of the Act of 30 August 2002 on proceedings before administrative courts 98, it consists in investigating whether the authorities of public administration in the course of examination of the case did not infringe the substantive law or rules of procedure to an extent significantly influencing the result of the case. The evaluation is made in accordance with the state and on the basis of the acts of the case as of the day of passing the challenged act. The court of first instance adjudicates in the scope of a case in question, without regard to the complaint or associated conclusions, or the legal basis used in the complaint (Article 134, section 1 of the PAC). Subsequently, Supreme Administrative Court adjudicates the case only with respect to formal charges formulated in the instrument of complaint, i.e. cassation complaint, ex officio taking into account only nullity of the proceedings (Article 183 section 1 of the PAC act). Decision issued by the administrative court cannot replace the decision of the administration, although the court may order the body in question to take any action resulting from the decision, and will provide necessary guidelines in the reasons of judgement. The data in the record of lands and buildings in Poland, which covers information concerning lands, buildings, premises, are the basis of economic planning, spatial planning, the taxation and benefits, identifying the property in the land registers, public statistics, property management and record of agricultural holdings (Article 21, section 1 of the act on GCL), which is reflected in abundant jurisdiction referring to these matters. This information covers their location, boundaries, area, types of lands and their quality and productivity assessment, identification in the land register or sets of documents if the property possesses such, as well as the owner and other natural persons or legal entities who govern the lands, place of dwelling of the aforementioned and information about including in the list of heritage register with the value of the property. The record of lands and buildings plays an important part in land use planning. Local plan of land management is passed by the commune council 99 and is an act of local law (Article 87, section 2 of the Constitution of the Republic of Poland), i.e. it is a source of law for the territory governed by the bodies which had established this law. Local plan consists of textual part and graphic part (drawing), which is made in 1:1000 scale with the use of official copies of basic maps or - if they are not available - cadastral maps collected in a state geodetic and cartographic stock, although exceptions are admissible (Article 16, section 1 of the Act of 27 March 2003 on Spatial Planning and Land Development 100). If the scale of the provided local plan is incorrect it is not always deemed as a serious violation of rules of plan drafting stipulated in the SPLDA act, and it does not always justify the court decision to deem it null and void 101. At the same time, in its decision of 13 October 2011, II OSK 1422/11, Supreme Administrative Court emphasizes that in evaluation of the correctness of the scale of the plan the new digital techniques of plan-making cannot be ignored, and neither can the changes introduced by the provisions of the amended acts - Geodetic and Cartographic Law and the Act on Infrastructure for Spatial Information 102 . Everyone has a right of access to the study or local plan and to receive a copy of text or included drawings. The basic pre-condition to challenge a local plan of land development is the
Dz. U. No. 153, item. 1269 as amended. Dz. U. 2012, item. 270 hereinafter called PAC act. 99 Commune council is a communes body. Commune is a principal unit of Polish local government and pursuant to Article 164 of the Constitution of the Republic of Poland it performs all the tasks of local government not reserved to other units of local government, in its own name and under its own responsibility - Article 16 section 2 of the Constitution of the Republic of Poland. 100 Dz. U. 2012, item. 648 hereinafter called SPLDA. 101 Compare: the decision of the Supreme Administrative Court of 6 July 2012, II OSK 871/10, decision of Regional Administrative Court in Olsztyn of 24 January 2012, II SA/Ol 840/11 and the decision of the Supreme Administrative Court of 9 February 2007, II OSK 1481/06. The quoted rulings are available online in the Central Base of Administrative Courts Decisions (Centralna Baza Orzecze Sdw Administracyjnych) available under the address: http://orzeczenia.nsa.gov.pl (last visit: 9 July 2012). 102 Compare also the decision of Regional Administrative Court of 30 January 2012, II SA/Gl 896/11.
98 97

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possession of property in the area included in the plan. This fact is documented by parties on the basis of record of lands and buildings 103. While justifying complaints, parties most often indicate that they were not allowed to participate in the planning procedure and for example they were not allowed to submit objections to the plan or that the provisions of a new plan infringe their legal interest by means of restricting property right of their real estate (e.g. by introducing restriction of height of the buildings). Identifying the parcels of land in the record of land is also a starting point in examination of other cases connected with properties, such as establishment of the damages for a property taken to build a public road 104, single payment due to rise of the propertys value 105 or the conditions for the construction of a real estate 106. As for the rate of property tax 107, in Polish administrative jurisdiction it is indicated uniformly that the bodies establishing the amount of liability are not entitled to accept other grounds for tax assessment than the data presented in the record of land 108. Similarly, record of lands and buildings, which is referred to in Article 21, section 1 of GCL, cannot be a subject of substantial evaluation of administrative courts in tax proceedings. Tax proceedings or the proceedings before administrative courts do not constitute adequate litigation of establishing, questioning or verifying ownership right of the property in question - only civil law is applicable in this regard 109. Tax authorities are also not entitled to introduce changes into the record of land and issue a statement in the subject of property rights of individual tax-payers 110. They cannot make settlements concerning the data included in the provided documents and legally binding judgements, decisions, notarial deeds, normative acts, as well as settle disputes concerning the property owners, which stems from the essence of the lands and buildings record, which is of a technical and declaratory character 111. At the same time, it is beyond doubt that the buildings which were not included in the record are subject to taxation as the act on taxation and local fees does not condition the tax duty on registration in the record 112. Thus, only when the building is not included in the record of lands and buildings, tax authorities are obliged to establish the character of the building for the tax purposes basing on the documents (e.g. building permit, decision to allow the use of the object, etc.) or the opinion of an expert with adequate knowledge 113. When the data included in the declaration or the information submitted by the tax-payer are not consistent with the data stemming from the record, the latter decides about the taxation of the land. In the jurisdiction it is even said that if it results from the official register of land that the parcel is of a given area, then the tax authorities are obliged to take it into account while assessing the tax, even if the actual area of the land is different than the one indicated in the record 114. For the sake of the taxation one needs to take into account the classification from the land record, not what is physically present on the land. As an exception, the tax authorities and court can renounce from the obligation to include the record data, but only when after examination of the evidence against the documents included in the record they conclude that the data stemming from it are obsolete and the documents which are an obligatory basis for entry into the record do not include e.g. notarial deed with the contract of sale 115. Therefore, if plaintiff questions the data included in the record, they should probably petition for correction pursuant to the act of 1989, Geodetic and Cartographic Law, because

Decisions of SAC (Supreme Administrative Court) of: 5 June 2012, I OSK 825/11; 4 November 2011, II OSK 1627/11: 27 January 2012, II OSK 2349/11 or 23 May 2012, II OSK 536/12. 104 Decision of SAC of 5 June 2012, I OSK 825/11. 105 Decision of SAC of 29 May 2012, II OSK 445/11. 106 Decision of SAC of 24 May 2012, II OSK 391/11. 107 But also in the matter of forest or agricultural tax. 108 Decision of RAC (Regional Administrative Court) in Rzeszw of 10 November 2011, I SA/Rz 574/11. 109 Decision of SAC of 20 June 2012, I OSK 2511/10. 110 Decision of SAC of 29 December 1993, III SA 747/93. 111 Decision of SAC of19 April 2011, I OSK 959/10. 112 Decision of SAC of 11 February 2010, II FSK 1528/08. 113 Decision of SAC of 12 November 2010, II FSK 1312/10. 114 Decision of RAC in Pozna of 10 May 2011, III SA/Po 778/10 and decision of RAC in Wrocaw of 16 March 2011, I SA/Wr 111/11. 115 Decision of SAC of 14 February 2010, II FSK 690/09.

103

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it is not possible in the tax proceedings 116. The data from the land record cannot be used to prove a potential legal claim over the property from any party 117. The owners and persons governing the property are obliged to report all the changes of data included in the lands and buildings record in 30 days from the date when the changes were introduced. This obligation does not concern the changes stemming from the decision of competent bodies as they are sent ex officio to the body which keeps the record. The basis of entries included in the record is official documentation in the form of copies from the land register, notarial deeds, legally binding court decisions and final administrative decisions. Tax authority also cannot independently decide and adjudicate whether the documents are correct and legally binding. Given the importance of the entry in the record of lands and buildings, in the jurisdiction there are cases connected with change of or providing access (issuing the certificate) to the data included in the record. The petition to change the data in the record can be related to the amount of tax or update of the property right state on the basis of proper documents (sale, donation, proceedings demarcating the properties which influence the area of the property). Numerous times administrative courts issued opinions as for the matter of necessity to divide the proceedings into the subject of change of the data included in the record (administrative proceedings) and change of the property relations which are regulated by the provisions of civil law. The register reflects present legal state of the property and it is of a declaratory, not constitutive character. Thus, it cannot settle the disputes over the property right of the land, nor can it grant property rights. The demand to display in the record of lands and buildings a change of boundaries on the map and change of the area of the parcels can be effective if the party encloses appropriate documents 118, which are updated and reflect present legal and factual state and it should stipulate that the area and the boundaries of the parcel are different than the ones present in the record up until then. Proceedings which aim at update of record study are only of a registration character, i.e. secondary to the acts of law from which result the changes of data subject to disclosure in the record. By means of demand to introduce changes in the record of land one can neither claim nor prove their ownership rights 119. The record body cannot thus individually adjudicate as for the property right of a land, grant right to the property or settle the trace of a disputed boundary 120. The settlement of the dispute over the ownership of the property (or its part) needs to be sought for in the course of civil proceeding 121. Everyone can demand the access to the information included in the record of lands and buildings, which consists of data base managed by means of ICT system and a set of documents justifying the entries in the data base. However, due to personal information protection some of the information might only be given in pursuance of Article 24, section 5 of the GCL, including all the restrictions present in this provision. This article stipulates that the head of the district provides access to the data from land and buildings record, containing the personal information of the entities and issues the copies of the record study on demand, which covers the following data: 1) the owners as well as persons and organizational units governing the land, buildings or premises that have any relation with the set of data to be accessed or the copy of it; 2) public administrative bodies; 3) other entities than the ones aforementioned who possess interest in the case. Decisions of the administrative courts establishing the properly interested parties include highly interesting examples. There seems to be a common conception in the jurisdiction that the subject of land and building record are data of an objective character 122 and the data of subjective character 123. On demand of everyone interested, the

116 117

Decision of SAC of 14 September 2010, II FSK 1014/10. Decision of SAC of 21 April 2011, II OSK 232/09. 118 The legislator indicates that these are: valid court decisions, notarial deeds, final administrative decisions, normative acts, geodetic and cartographic studies, architectural and construction specifications gathered and collected by the public administration bodies, public records kept based on other provisions, compare Article 46, section 1 of the Ordinance of the Minister of Regional Development and Construction of 29 March 2001 on land records, Dz. U. No. 38, item 454. 119 Decision of RAC in Warsaw of 22 June 2007, IV SA/Wa 698/07 or decision of RAC in Lublin of 29 January 2009, III SA/Lu 420/08. 120 Decision of SAC of 3 September 2010, I OSK 1395/10. 121 Decision of RAC in Warsaw of 27 May 2011, IV SA/Wa 513/11. 122 Article 20, section 1 and 2, point 3 and 4 of GCL act.

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information on lands, buildings and premises can be provided only in objective character, so the ones that do not include subject data. For example, Regional Administrative Court in Wrocaw (decision of 16 February 2012, II SA/Wr 869/11) decided that the data of a subjective-objective character is the demanded information on the number of land register of the property whose owner is a specific person (debtor). The court highlighted though that a person who is not an owner of the property included in the land and building record might receive a copy containing personal information only in the case when they prove their legal interest. Information from the geodetic and cartographic stock (the record of lands and buildings), if they do not have a form of copy of a text or drawing, might concern only specific (individualized) land, building or premise. In this case the petitioner demanded indication of the numbers of the land register of non-specified properties, hypothetically being a possession or having the right of perpetual usufruct of the debtor of the prosecutor, and required to reveal the estate of the debtor, which is not the purpose of the land and building record. It undoubtedly belongs to the scope of civil proceedings before the common court of law, not to the procedure of administrative proceedings 124. The issue of a certificate in a form of copy from the land and buildings record is related to the act of 6 June 2001 on access to public information 125. Information included in the record study, as produced by public administrative body, are public information, but analysis of the provisions of the Geodetic and Cartographic Law leads to the conclusion that the matter of providing access to that kind of information was regulated in a comprehensive manner in this act, and thus the parties obliged to prove their legal interest before providing access to the data from the record will not be able to refer to the act on access to public information. One can distinguish the record parcel which is determined and registered only for the purposes of the land and building record, so for the purpose of registration, and includes different types of land, including agricultural ones, from the agricultural parcel, understood as cohesive area of land, on which one farmer conducts one group of crop (Article 2, point 1 of the act of 26 January 2007 on payment in the system of direct support 126). Agricultural parcel is crucial for the purposes of identification of specific crops and granting the payment. As a consequence, one cannot effectively prove from the data included in the record of lands and buildings conducted on the basis of provisions of Geodetic and Cartographic Law, area of the agricultural parcels, which are not included in such a record documentation as they are different notional category 127. This is why in the matters of direct payment, supplementary payment, sugar payment, tomato payment, special support and energy crop payment stipulated in the act and the provisions of the EU regulations indicated there, the area of the agricultural lands being a part of agricultural holdings, which qualify to this payment, is established by means of GIS technology on the basis of the image of orthophoto map. In these matters a fundamental issue of consideration in the decisions of administrative courts is lack of consistency between the stated area of an agricultural parcel and the area declared by the party in the petition. The parties concentrate on proving incorrect measurement and control report of an administrative body. Proceedings in the case of granting the payment are a special type of administrative proceedings to which apply the provisions of the Code of Administrative Proceedings only in the matters not regulated in the act on payments which are included in the system of direct support. However, the established modifications of litigation diminish the position of the parties in legal proceedings, which is reflected in the jurisdiction. Administrative courts underline that the information provided by the party in the petition for the body are binding and they are basis for its evaluation, while an obligation of the body is to verify the parties petition. The difference between the declared area and the ratified area can be established both during the control conducted on spot or an administrative control for which computer system of geographic information (GIS) techniques can be used, which consist in aerial or satellite orthoimages. The results obtained in the course of one or the
123

Article 20, section 2, point 1 and 2 of GCL act.; Compare e.g. decisions of SAC of 20 November 2009, I OSK 189/09; of 21 July 2010, I OSK 1312/09; of 19 May 2010, I OSK 1030/09 or the decision of RAC in Gliwice of 28 October 2012, II SA/Gl 668/10. 124 Compare also the decisions of SAC of 22 April 1998, II SA 1378/97 and of 22 February 2007, I OSK 560/06. 125 Dz. U. No. 112, item. 1198 as amended - hereinafter called API act. 126 Dz. U. 2008 No. 170, item 1051 as amended - hereinafter called DS. 127 Decision of SAC of 20 December 2011, II GSK 1319/10.

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other type of control possess equal importance. Poland is obliged to introduce the system of identification of agricultural parcels established on the basis of maps or documents using computer geographic information system, preferably aerial or satellite images (Article 17 of the Council Regulation (EC) No 73/2009 of 19 January 2009) 128. Digital orthophoto map is prepared on the basis of the photographs of the surface of the earth shot from the plane or satellite, then processed to a metric form. Digital orthophoto maps are accepted in the system in the course stipulated in Article 12 of DS. After the geodetic works are completed, the materials are property of the Treasury and they are transferred to the geodetic and cartographic stock (central stock) 129. On the grounds of the case settled by the decision of SAC of 29 November 2011, II GSK 1196/10, orthophoto map was used in order to establish whether on a given record parcel there was a long-term forestation, which resulted in accepting by the administrative court the stand that a part of the parcel was not "maintained in a good agricultural culture" and thus did not qualify to obtain a payment. To recapitulate, from the researched jurisdiction of the administrative courts it stems the spatial information systems have an essential meaning in a numerous cases examined by the administrative courts in accordance with Polish law. They concern such important issues as interference in property law, taxation and imposition of fees or granting of financial means from the European Union budget. Administrative courts influence public administration as they issue statements in the domain of interpretation and application of law. The Republic of Poland does not belong to the common law system and the decisions of courts are not source of law, binding the court and the parties only in the case in question (compare: Article 153 of the PAC act)., However, the analysis of the output of judicature enables to clarify often obscure content of legal provision and the manner of their application in a specific category of cases. Consequently, constant jurisdiction helps to implement the rule of trust protection of an individual to the state and the law it constitutes, influencing legal safety of the citizens related to the reliability of law. Summary It results from the researched jurisdiction of the administrative courts that the spatial information systems have an essential meaning in a numerous cases examined by the administrative courts in accordance with Polish law. They concern such important issues as interference in property law, taxation and imposition of fees or granting of financial means from the European Union budget. The basic acts of law concerning spatial information are: the act of 4 March 2010 on infrastructure for spatial information, which is an implementation of the Directive 2007/2/EC (INSPIRE) and the act of 17 May 1989, Geodetic and Cartographic Law. Jurisdiction of administrative courts, among other issues, covers the cases of application of sets of spatial data of the spatial infrastructure, especially in land and buildings record as well as orthophoto maps.

128

Regulation establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003. 129 Compare the decisions of SAC of 21 November 2011, II GSK 1107/10; of 24 June 2009, II GSK 1069/08; of 17 April 2012, II GSK 394/11; of 6 June 2012, II GSK 680/11; of 24 June 2009, II GSK 1069/08; of 14 April 2012, II GSK 345/11 or of 6 June 2012, II GSK 681/11.

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THE USE OF GIS IN BIOMEDICINE AND HEALTH CARE: ANALYZE OF GEOINFORMATION JOURNALS
Magorzata Gajos University of Silesia Faculty of Computer Science and Materials Science Institute of Computer Science Bdziska 39, 41-200 Sosnowiec, Poland e-mail: malgorzata.gajos@us.edu.pl Abstract The objective of this article is to analyze the use of GIS in biomedicine and health care on the basis of chosen articles of the Polish and the international scientific journals in the period of 2007 through 2010. Group of articles from journals in the field of geoinformation were studied. Critical analysis method study has been carried out. Keywords: GIS, biomedicine, health care, critical analysis method 1. Introduction

GIS capabilities can be used among other in biomedicine and by health care providers. The spatial data and analyses have been used in health care for many years now. The most famous example is the work by John Snow, who applied, in the mid-nineteenth century, a hand-made map to examine spatial distribution of deaths caused by cholera outbreak. This gave rise to what is known as disease diffusion mapping [16]. At the conference Technology, Entertainment, and Design in Medicine (TEDMED) in 2009, Bill Davenhall presentation "Can Geography Information Keep You Healthy? related locale to health. Davenhall noticed that a lot had been invested into research into relationship between the environment and human health, but the results had never been used directly in medical diagnostics. Meanwhile, geospatial analyses may help diagnose, treat, and in some cases, prevent diseases. A new discipline geomedicine appeared. The field of geomedicine will produce a new type of medical intelligence that will leverage national spatial data infrastructures to benefit personal human health. Linking ones own personal health status to specific geographic factors can provide another set of powerful information tools that medical professionals can use to improve the quality of the care they deliver. Geomedicine, in the future, will mean that we will experience an increase in the number of patients who benefit from a more precise clinical understanding of the links between their health and where they live, work, and play [9]. 2. Method and materials

Based on bibliometric analysis about geoinformation technologies in biomedicine and health care [Gajos] detailed analyze of chosen articles of the Polish and the international scientific journals from the range of geoinformation, in the period of 2007 through 2010, was made in this article. Critical analysis method study has been carried out. List of Polish geoinformation journals for research: Archiwum Fotogrametrii, Kartografii i Teledetekcji (Archives of Photogrammetry, Cartography and Remote Sensing) AFKT (http://www.sgp.geodezja.org.pl/ptfit/wydawnictwa/wydawnictwa.html [accessed 20 May 2012]),

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Geodeta: Magazyn Geoinformacyjny (Geodeta: Geoinformation Magazine) MG (http://1www.geoforum.pl/?menu=47064&page=edition&link=archiwum-geodety [accessed 20 May 2012], Przegld Geodezyjny (Geodesic Review) PG (http://www.sigma-not.pl/czasopisma-50budownictwo-przeglad-geodezyjny.html [accessed 20 May 2012]), Roczniki Geomatyki (Annals of Geomatics) RG (http://www.ptip.org.pl/phpnuke/page.php?lg=pl&id=repozytorium [accessed 20 May 2012]). List of international geoinformation journals for research: Computers & Geosciences - C&G (http://www.elsevier.com/wps/find/journaldescription.cws_home/398/description#description [accessed 15 May 2012]), International Journal of Applied Earth Observation and Geoinformation IJAEOG (http://www.elsevier.com/wps/find/journaldescription.cws_home/622741/description#description [accessed 15 May 2012]), International Journal of Geographical Information Science IJGIS (http://www.tandfonline.com/loi/tgis20 [accessed 15 May 2012]), Journal of Geographical Systems JGS (http://www.springer.com/economics/regional+science/journal/10109 [accessed 15 May 2012). Result 3.1. Analyze of articles of Polish journals from the field of geoinformation

3.

Table 1. Description of articles from selected Polish journals in the field of geoinformation about the use of GIS for biomedicine and health care Journa l AFKT Source of article 2008/18b 2009/19 Title and description of article Analiza topografii ciaa ludzkiego w zastosowaniu do badania wad postawy (Human body topography analysis in posture investigation)a Wykorzystanie analiz typu GIS do detekcji wybranych czci anatomicznych ciaa ludzkiego dla potrzeb badania wad postawy (The application of GIS analysis for the detection of selected anatomical parts of human body for the posture defects examination)b Lokalizacja punktw pomiarowych w systemie do trjwymiarowego pozycjonowania ciaa wybranymi metodami sztucznej inteligencji (Detection of measurement points in a 3D body positioning system by means of artificial intelligence)c Human centric approach to inhomogeneous geospatial data fusion and actualization (Symbioza mzgu czowieka z komputerem przy sprawdzaniu aktualnoci heterogenicznych danych geoprzestrzennych)d GPS w Maopolsce (GPS in Malopolska)e Mapy akustyczne aglomeracji (Acoustic Agglomeration Maps)f Szybciej do chorego (Faster for the Patient)g Odbiornik dla ratownika (Receiver for the Rescuer)h Budowa infrastruktury uytkowej systemu pozycjonowania satelitarnego w wojewdztwie mazowieckim (Construction of Utility Infrastructure for the Satellite Positioning System in the Masovian Province)i Weather conditions as a factor favouring the increase of tick borne diseases prevalence in Poland (Warunki pogodowe jako jeden z czynnikw rozwoju chorb odkleszczowych w Polsce)j

2009/20

2010/21 MG 2007/5 2007/12 2008/4 2010/12 2008/5 2008/2

PG RG

Source: Own elaboration.

244

A 3D model of the human body was generated photogrammetrically, using a digital camera and Topcon PI 3000 software. Image acquisition was effected by means of PBE (Photogrammetrical Body Explorer), a system designed for examination of posture defects. By using the Microstation software with the MGE package (body surface analysis) and GeoMedia software (GIS analysis) were able to determine the position of the spine in the coronal and sagittal planes. Authors also examined a possible asymmetry of the torso and the location of points most important for posture defects of various parts of the body. Results of the analysis allowed to determine many indices which are also present in the point-based model [19]. b The model of the human body surface was acquired using PI3000close-range photogrammetry system by Topcon, with the accuracy of measured points of 1mm. Images used as an input for the PI3000 system were acquired by two digital cameras as convergent pairs. Afterwards, the model was analysed using GeoMedia Professional with Grid extension and Idrisi Andes software. The trace of the spine was determined using DEM analysis used for water flow detection, assuming the comparability of back surface near the spine to the river valley [20]. c A digital photogrammetric system for making measurements of the human body for the purpose of studying faulty posture is designed to determine the three-dimensional location of selected points in the human body. This paper describes the utilisation of neural networks to locate control points and markers. The usefulness of a representation based on information about the distribution of gradient value and direction for the purpose of the detection of measurement points has been verified. This representation comes from earlier research on the selection of subimages for the purpose of matching the aerial pictures [7]. d Specifically, the experiments performed were related to the analysis of the potential use of inhomogeneous (composed of different sources) stereo pairs for mapping dataset actualization. Inhomogeneous stereo pairs were combined with images of the map to be updated along with actual aerial images of the same territory. The anaglyphic product obtained after image processing of such stereo pairs was demonstrated to human analysts (subjects) and stereo perception of such stereo pairs was achieved. The most interesting finding of this experiment is the fact that some objects existing only on the aerial photo appeared in the inhomogeneous stereo pairs as 3D. This effect is caused by phenomena within the human eye-brain system known as human stereopsis, which is widely deployed in photogrammetry [23]. e Article deals with the use of Malopolska Precision Positioning System (MSPP) in the Command Support System of the Krakow Emergency Medical Service and the Tatra Mountains Voluntary Rescue Service (TOPR). The time between receiving a summoning call and the rescue squad dispatch, and the ambulance journey times to the patient were shortened by 80% and nearly 30%, respectively. GPS at the Malopolska Marshal Office is an initiative aimed at the wide popularization of the use of satellite technologies for regional development [1]. f Acoustic maps of cities with a population of more than 250 thousand and of at least 100-thousandth should be made by June 2007 and by 2012, respectively. The European Union has given a high priority to the noise control measures, which is reflected in the Directive 2002/49/EC that specifies the obligations of Member States in this regard. The relevant provisions of this document refer to how so-called acoustic maps should be implemented to characterize the areas exposed to road, rail and air traffic noise as well as industrial noise. These maps allow determining the scale of the problem and are used to develop environmental control programs to combat noise, and thus improve health [8]. g Article describes the construction of the utility infrastructure for the satellite positioning system in the Masovian province of Poland. Modern satellite positioning system shall primarily improve the operating speed of the medical emergency chain from the time information is received by the dispatcher to send off the ambulance to summoning the nearest emergency squad to the time of arrival on scene to the transfer of the patient to the nearest hospital [17]. h Article discusses the use of global navigation satellite systems (GNSS) to position and navigate in the Integrated Mobile Support System for Anti-Crisis and Anti-Terrorist Measures. The aim of the project called PROTEUS is to create a system demonstrator that will offer a new quality of measures in crisis situations. The system shall demonstrate a response to the challenges facing the services responsible for rescue services, emergency management and public safety [4].

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Article describes the idea of using the potential inherent to the satellite navigation to improve the functioning of the Provincial Ambulance and Sanitary Transport Service [18]. j Tick-borne diseases are a severe public health problem in Poland, which is increasingly recognized in recent years. The present analysis focuses on tick-borne encephalitis (TBE), for which data are available from Poland for a relatively long period, and is a potentially lifethreatening problem. The spatial distribution of TBE cases is described, and temporal variability during the period 1993-2006 is assessed [21]. 3.2 Analyze of articles of international journals from the field of geoinformation Table 2. Description of articles from selected international journals in the field of geoinformation about the use of GIS for biomedicine and health care Journal C&G IJAEOG Source of article 2007/10 2010/5 2010/Sup plement 2 IJGIS 2007/7 2007/10 2010/1 Geographical DetectorsBased Health Risk Assessment and its Application in the Neural Tube Defects Study of the Heshun Region, Chinaf The need for psychiatric care in England: a spatial factor methodologyg A copula-based closed-form binary logit choice model for accommodating spatial correlation across observational unitsh A multiple indicator, multiple cause method for representing social capital with an application to psychological distressi Public pharmaceutical expenditure: identification of spatial effectsj Title and description of article A local space-time kriging approach applied to a national outpatient malaria data seta Spatial dependency of cholera prevalence on potential cholera reservoirs in an urban area, Kumasi, Ghanab Feasibility of estimating heavy metal concentrations in Phragmites australis using laboratory-based hyperspectral data - A case study along Lean River, Chinac Spatial aspects of MRSA epidemiology: a case study using stochastic simulation, kernel estimation and SaTScand The potential for the use of Open Source Software and Open Specifications in creating Web-based cross-border health spatial information systemse

JGS

2008/3 2009/3 2010/1 2010/2

Source: Own elaboration.

a

Increases in the availability of reliable health data are widely recognised as essential for efforts to strengthen health-care systems in resource-poor settings worldwide. Effective health-system planning requires comprehensive and up-to-date information on a range of health metrics and this requirement is generally addressed by a Health Management Information System (HMIS) that coordinates the routine collection of data at individual health facilities and their compilation into national databases. In many resource-poor settings, these systems are inadequate and national databases often contain only a small proportion of the expected records. In this paper, we take an important health metric in Kenya (the proportion of outpatient treatments for malaria (MP)) from the national HMIS database and predict the values of MP at facilities where monthly records are missing. The available MP data were densely distributed across a spatiotemporal domain and displayed second-order heterogeneity. We used three different kriging methodologies to make crossvalidation predictions of MP in order to test the effect on prediction accuracy of (a) the extension of a spatial-only to a spacetime prediction approach, and (b) the replacement of a globally stationary with a locally varying random function model. Spacetime kriging was found to produce predictions with 98.4% less mean bias and 14.8% smaller mean imprecision than conventional spatial-only 246

kriging. A modification of spacetime kriging that allowed spacetime variograms to be recalculated for every prediction location within a spatially local neighbourhood resulted in a larger decrease in mean imprecision over ordinary kriging (18.3%) although the mean bias was reduced less (87.5%). [11]. b Cholera has been a public health burden in Ghana since the early 1970s. Between 1999 and 2005, a total of 25,636 cases and 620 deaths were officially reported to the WHO. In one of the worst affected urban cities, fecal contamination of surface water is extremely high, and the disease is reported to be prevalent among inhabitants living in close proximity to surface water bodies. Surface runoff from dump sites is a major source of fecal and bacterial contamination of rivers and streams in the study area. This study aims to determine (a) the impacts of surface water contamination on cholera infection and (b) detect and map arbitrary shaped clusters of cholera. A Geographic Information System (GIS) based spatial analysis is used to delineate potential reservoirs of the cholera vibrios; possibly contaminated by surface runoff from open space refuse dumps. Statistical modeling using OLS model reveals a significant negative association between (a) cholera prevalence and proximity to all the potential cholera reservoirs (R2 = 0.18, p < 0.001) and (b) cholera prevalence and proximity to upstream potential cholera reservoirs (R2 = 0.25, p < 0.001). The inclusion of spatial autoregressive coefficients in the OLS model reveals the dependency of the spatial distribution of cholera prevalence on the spatial neighbors of the communities. A flexible scan statistic identifies a most likely cluster with a higher relative risk (RR = 2.04, p < 0.01) compared with the cluster detected by circular scan statistic (RR = 1.60, p < 0.01). We conclude that surface water pollution through runoff from waste dump sites play a significant role in cholera infection [15]. c It is necessary to estimate heavy metal concentrations in plants for understanding the heavy metal contaminations and for keeping the sustainable developments of ecosystems and human health. This study, with the Lean River and its two branches in Jiangxi Province of China as a case study, aimed to explore the feasibility of estimating concentrations of heavy metal lead (Pb), copper (Cu) and zinc (Zn) in Phragmites australis using laboratory-based hyperspectral data. 21 P. australis leaf samples were collected, and their hyperspectral data, chlorophyll concentration and Pb, Cu and Zn concentrations were measured within the laboratory. The potential relations among hyperspectral data, chlorophyll concentration and Pb, Cu and Zn concentrations were explored and employed to estimate Pb, Cu and Zn concentrations from hyperspectral data with chlorophyll concentration as a bridge. The results showed that the linear combination of normalized band depths at wavelengths 537 (green), 667 (red) and 747 (near infrared) nm could explain 82% of the variation of chlorophyll concentration; the Pb, Cu and Zn concentrations were significantly and negatively related to the chlorophyll concentration, and the chlorophyll concentration could explain around 30% of the variations of Pb, Cu and Zn concentrations, respectively; and the absolute estimation errors for more than 80% estimations of Pb, Cu and Zn concentrations were less than 30%. We conclude that the laboratory-based hyperspectral data hold potentials in estimating concentrations of heavy metal Pb, Cu and Zn in P. australis. More sampling points and spectral characteristics-based methods should be collected and employed for improving the stabilities and accuracies of estimation models [13]. d The identification of disease clusters in space or space-time is of vital importance for public health policy and action. In the case of methicillin-resistant Staphylococcus aureus (MRSA), it is particularly important to distinguish between community and health care-associated infections, and to identify reservoirs of infection. 832 cases of MRSA in the West Midlands (UK) were tested for clustering and evidence of community transmission, after being geo-located to the centroids of UK unit postcodes (postal areas roughly equivalent to Zip+4 zip code areas). An age-stratified analysis was also carried out at the coarser spatial resolution of UK Census Output Areas. Stochastic simulation and kernel density estimation were combined to identify significant local clusters of MRSA (p<0.025), which were supported by SaTScan spatial and spatio-temporal scan. In order to investigate local sampling effort, a spatial 'random labelling' approach was used, with MRSA as cases and MSSA (methicillin-sensitive S. aureus) as controls. Heavy sampling in general was a response to MRSA outbreaks, which in turn appeared to be associated with medical care environments. The significance of clusters identified by kernel estimation was independently supported by information on the locations and client groups of nursing homes, and by preliminary molecular typing of isolates. In the absence of occupational/lifestyle data on patients, the assumption 247

was made that an individual's location and consequent risk is adequately represented by their residential postcode. The problems of this assumption are discussed, with recommendations for future data collection [2]. e Globalization is contributing to the blurring of borders making irrelevant the distinctions between domestic and international health problems. Cross-border and global health spatial information systems (CBHSIS) are required to address the new global health challenges. There is a need to build and document alternatives for addressing the technological, economic, and sociocultural-political challenges encountered in the creation and deployment of these systems. This paper documents the building of a prototype Web-based multimedia GIS system for use in a public health context using Open Source Software and Open Specifications and its deployment across the US-Mexico border. These technologies offer advantages in addressing several of the challenges previously mentioned. We highlight the technological and sociocultural-political issues important in successful collaboration across borders and cultures and in the creation of interoperable CBHSIS [Morenzo].
f

Physical environment, manmade pollution, nutrition and their mutual interactions can be major causes of human diseases. These disease determinants have distinct spatial distributions across geographical units, so that their adequate study involves the investigation of the associated geographical strata. We propose four geographical detectors based on spatial variation analysis of the geographical strata to assess the environmental risks of health: the risk detector indicates where the risk areas are; the factor detector identifies factors that are responsible for the risk; the ecological detector discloses relative importance between the factors; and the interaction detector reveals whether the risk factors interact or lead to disease independently. In a realworld study, the primary physical environment (watershed, lithozone and soil) was found to strongly control the neural tube defects (NTD) occurrences in the Heshun region (China). Basic nutrition (food) was found to be more important than manmade pollution (chemical fertilizer) in the control of the spatial NTD

pattern. Ancient materials released from geological faults and subsequently spread along slopes dramatically increase the NTD risk. These findings constitute valuable input to disease intervention strategies in the region of interest [22]. g To ensure health resources are equitably distributed, composite indices of population morbidity or health need are often used. Measures of the dimensions of population morbidity (e.g. socioeconomic deprivation) relevant to health need are typically not directly available but indirectly measured through census or other sources. This paper considers measurement of latent population morbidity constructs using both health outcomes (e.g. hospital admissions, mortality) and observed area social and demographic indicators (e.g. census data). The constructs are allowed to be spatially correlated between areas, as well as correlated with one another within areas. The health outcomes may depend both on the latent constructs and on other relevant covariates (e.g. bed supply), with some covariates possibly measured only at higher (regional) scales. A case study considers variations in psychiatric admissions in 354 English local authority areas in relation to two latent constructs: area deprivation and social fragmentation [6]. h This study focuses on accommodating spatial dependency in data indexed by geographic location. In particular, the emphasis is on accommodating spatial error correlation across observational units in binary discrete choice models. We propose a copula-based approach to spatial dependence modeling based on a spatial logit structure rather than a spatial probit structure. In this approach, the dependence between the logistic error terms of different observational units is directly

248

accommodated using a multivariate logistic distribution based on the Farlie-Gumbel-Morgenstein (FGM) copula. The approach represents a simple and powerful technique that results in a closedform analytic expression for the joint probability of choice across observational units, and is straightforward to apply using a standard and direct maximum likelihood inference procedure. There is no simulation machinery involved, leading to substantial computation gains relative to current methods to address spatial correlation. The approach is applied to teenagers physical activity participation levels, a subject of considerable interest in the public health, transportation, sociology, and adolescence development fields. The results indicate that failing to accommodate heteroscedasticity and spatial correlation can lead to inconsistent and inefficient parameter estimates, as well as incorrect conclusions regarding the elasticity effects of exogenous variables [3]. i This paper describes a structural equation methodology for obtaining social capital scores for survey subjects from multiple indicators of social support, neighbourhood and trust perceptions, and memberships of organizations. It adjusts for variation that is likely to occur in levels of social capital according to geographic context (e.g. level of area deprivation, geographic region, level of urbanity) and demographic group. Social capital is used as an explanatory factor for psychological distress using data from the 2006 Health Survey for England. A highly significant effect of social capital in reducing the chance of psychiatric caseness is obtained after controlling for other individual and geographic risk factors. Allowing for social capital has considerable effects on the impacts on psychiatric health of other risk factors. In particular, the impact of area deprivation category is much reduced. There is also evidence of significant differentiation in social capital between population categories and geographic contexts [5]. j The aim of the present study is to analyse the spatio-temporal dynamics underlying Spanish pharmaceutical expenditure increases. Authors suggest alternative ways to resolve the problem of identifying exogenous and endogenous spatial spillover in a seemingly unrelated regression framework, while parametric instability is captured using linear time trends in the coefficients. The results highlight the need of considering these dynamic aspects in the pharmaceutical expenditure analysis [12]. Conclusion The studies of chosen articles have demonstrated that the Polish and the international body of selected journals of recent years recognizes issues concerning the application of geoinformation technology for biomedicine and health care. They are centering around such themes as GIS: for human body search, in health care, for aiding heath service. With GIS it became possible: to increase the effectiveness of first aid - by optimizing routes and times to reach the victims and bring them to the hospital; to track causes and areas of spreading diseases (viral or environmental), which enables effective control measures; to check the location of new health facilities, thus enabling distributing new health care centers according to the needs of local communities; to conduct pharmacological market research; analyze environmental impacts on health; to monitor public health; monitor drinking water quality, etc.; to monitor any spills or leakages of toxins and other hazardous substances in order to protect the health of persons in the immediate vicinity of the accident site.

249

Bibliography 1. Antosiewicz M. (2007) GPS w Maopolsce (GPS in Maopolska). Geodeta: Magazyn Geoinformacyjny (Geodeta: Geoinformation Magazine) 5, http://geoforum.pl/?menu=47064&page=edition&id=34&option=artykuly#page_top. Accessed 15 June 2012. Bastin L., Rollason J., Hilton A., Pillay D., Corcoran C., Elgy J. Lambert P.A., De P., 2. Worthington T., Burrows K. (2007) Spatial aspects of MRSA epidemiology: a case study using stochastic simulation, kernel estimation and SaTScan. International Journal of Geographical Information Science 7, 811-836. 3. Bhat C.R., Sener I.N. (2009) A copula-based closed-form binary logit choice model for accommodating spatial correlation across observational units. Journal of Geographical Systems 3, 243-272. 4. Brzostowski K., Foks-Ryznar A., Sitek P., Zdunek R. (2010) Odbiornik dla ratownika (Receiver for the Rescuer). Geodeta: Magazyn Geoinformacyjny (Geodeta: Geoinformation Magazine)12, http://geoforum.pl/?menu=47064&page=edition2&id=1014&id_article=147#edition. Accessed 15 June 2012. 5. Congdon P. (2010) A multiple indicator, multiple cause method for representing social capital with an application to psychological distress. Journal of Geographical Systems 1, 1-23. 6. Congdon P. (2008) The need for psychiatric care in England: a spatial factor methodology. Journal of Geographical Systems 3, 217-239. 7. Czechowicz A., Tokarczyk R. (2009) Lokalizacja punktw pomiarowych w systemie do trjwymiarowego pozycjonowania ciaa wybranymi metodami sztucznej inteligencji (Detection of measurement points in a 3D body positioning system by means of artificial intelligence). Archiwum Fotogramertii, Kartografii i Teledetekcji (Archives of Photogrammetry, Cartography and Remote Sensing) 20:67-79. 8. Czuchaj J., Grabowski J., Kozakiewicz A., Kucharski R. (2007) Mapy akustyczne aglomeracji (Acoustic Agglomeration Maps). Geodeta: Magazyn Geoinformacyjny (Geodeta: Geoinformation Magazine) 12, http://geoforum.pl/?menu=47064&page=edition&id=41&option=temat_z_okladki#page_top. Accessed 15 June 2012. 9. Davenhall B. (2010) Geomedicine. Can Geographic Information Make Me Healthy. ESRI, USA. http://www.esri.com/library/ebooks/geomedicine.pdf. Accessed 25 June 2012. 10. Gajos M.(2012) Geoinformation Technologies in Biomedicine and Health Care: Review of Scientific Journals. [in:] Information Technologies in Biomedicine. E. Pitka, J. Kawa (Eds.). Lecture Notes in Computer Science (Lecture Notes in Bioinformatics, 7339), Springer 2012, s. 510-524. 11. Gething P.W., Atkinson P.M., Noor A.M., Gikandi P.W., Hay S.I., Nixon M.S. (2007) A local space-time kriging approach applied to a national outpatient malaria data set. Computers & Geosciences 10, 1337-1350. 12. Lauridsen J., Sanchez M.M., Bech M. (2010) Public pharmaceutical expenditure: identification of spatial effects. Journal of Geographical Systems 2, 175-188. 13. Liu Y., Chen H., Wu G., Wu X. (2010) Feasibility of estimating heavy metal concentrations in Phragmites australis using laboratory-based hyperspectral data - A case study along Lean River, China. International Journal of Applied Earth Observation and Geoinformation, vol. 12, supplement 2, pp. S166-S170. 14. Moreno-Sanchez, R., Anderson, G., Cruz, J., Hayden, M.: The potential for the use of Open Source Software and Open Specifications in creating Web-based cross-border health spatial information systems. International Journal of Geographical Information Science 10, 1135-1163(2007). 15. Osei, F.B., Duker, A.A., Augustijn, E-W., Stein, A. Spatial dependency of cholera prevalence on potential cholera reservoirs in an urban area, Kumasi, Ghana. International Journal of Applied Earth Observation and Geoinformation 5, 331-339 (2010). 16. Powstanie idei GIS (Origin of GIS Idea). ESRI Poland. http://www.esripolska.com.pl/FCKeditor_UserFiles/File/Rozwiazania%20branzowe%20%20ochrona%20zdrowia/epidemia_cholery_w_Londynie_.pdf. Accessed 5 June 2012. 250

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Tabcki P., Zbysiski R. (2008) Szybciej do chorego (Faster for the Patient). Geodeta: Magazyn Geoinformacyjny (Geodeta: Geoinformation Magazine) 4, http://geoforum.pl/?menu=47064&page=edition&id=45&option=artykuly#page_top. Accessed 15 June 2012. Tabcki P. (2008) Budowa infrastruktury uytkowej systemu pozycjonowania satelitarnego w wojewdztwie mazowieckim (Construction of Utility Infrastructure for the Satellite Positioning System in the Masovian Province). Przegld Geodezyjny (Geodesic Review) 5, http://www.sigma-not.pl/publikacja-35163-budowa-infrastruktury-uytkowej-systemupozycjonowania-satelitarnego-w-wojewdztwie-mazowieckim-przeglad-geodezyjny-20085.html. Accessed 15 June 2012. Tokarczyk R., Szczygie M. (2008) Analiza topografii ciaa ludzkiego w zastosowaniu do badania wad postawy (Human body topography analysis in posture investigation). Archiwum Fotogramertii, Kartografii i Teledetekcji (Archives of Photogrammetry, Cartography and Remote Sensing) 18b:601-612. Tokarczyk R., Tokarczyk P. (2009) Wykorzystanie analiz typu GIS do detekcji wybranych czci anatomicznych ciaa ludzkiego dla potrzeb badania wad postawy (The application of GIS analysis for the detection of selected anatomical parts of human body for the posture defects examination). Archiwum Fotogramertii, Kartografii i Teledetekcji (Archives of Photogrammetry, Cartography and Remote Sensing) 19:423-435. Ustrnul Z., Stefanoff P., Czekierda D. (2008) Weather conditions as a factor favouring the increase of tick borne diseases prevalence in Poland. Roczniki Geomatyki (Annals of Geomatics) 6(2):113-120. Wang J-F., Li X-H., Christakos G., Liao Y-L., Zhang T., Gu X., Zheng X-Y. (2010) Geographical Detectors-Based Health Risk Assessment and izs Application in the Neural Tube Defects Study of the Heshun Region, China. Journal of Geographical Systems 1, 107-127 arnowski A., Levin E., Skubiev S. (2010) Human centric approach to inhomogeneous geospatial data fusion and actualization. Archiwum Fotogramertii, Kartografii i Teledetekcji (Archives of Photogrammetry, Cartography and Remote Sensing) 21:523-533.

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POLISH WAY TO INSPIRE

Agnieszka Chojka University of Warmia and Mazury in Olsztyn Oczapowskiego Street 2, 10-719 Olsztyn Tel.: 89 523 35 86 e-mail: agnieszka.chojka@uwm.edu.pl Zenon Parzyski Head Office of Geodesy and Cartography Wsplna Street 2, 00-926 Warsaw Tel.: 692 518 945 e-mail: zenekmp@onet.eu Abstract Fulfilment of the INSPIRE Directive requirements and recommendations needs to consider series of general issues and solve many technical problems. The infrastructure for spatial information law, passed in Poland, is a transposition of the INSPIRE Directive, then an adjustment of the INSPIRE regulations to national law that involves a necessity of many acts and relative laws changes. Above mentioned act is a first step of the Directive implementation. The next step is fulfilment of requirements specified in many different documents connected with the INSPIRE Directive, inter alia, data specifications for the spatial data themes as specified in the Annexes of the INSPIRE Directive. Enforcement of the Directive resolutions first of all must ensure interoperability of spatial data and services. The interoperability can be reached, among others, by the use of suitable formal means of geographic information modelling recommended by the ISO 19100 series of International Standards, for example UML or GML. In this paper Polish way to the INSPIRE Directive implementation will be discussed with allowing some innovative solutions in the European range. 1. Introduction The provision that regulates the geodesy issues in Poland is the geodesy and cartography law and relative laws. The technical regulations, that set rules concerning measuring technologies, required types and templates of documents, are technical guidelines (some of them were developed in 80s of last century). Nowadays, after passing the infrastructure for spatial information law, that is a transposition of the INSPIRE Directive (it means an adjustment of INSPIRE regulations to national law), there was made a decision to replace an existing instructions and guidelines (very often obsolete) by regulations of the Cabinet or relevant minister (regulations have higher legal status than instructions and guidelines). These regulations will become annexes to the geodesy and cartography law and on the other hand they will put some recommendations of the INSPIRE Directive into action. An integral part of actually developed regulations (in May 2012, 9 of 15 are in force) are the UML and GML application schemas, that define information structures of databases, corresponding to each regulation. These schemas were prepared according to the ISO 19100 series of International Standards in the geographic information (geoinformation/geomatics) domain, what should ensure the interoperability of spatial data sets. Regulations cover the whole legal and technical issues regarding the geodesy domain. This is a very ambitious challenge, particularly the methodology of the conceptual modelling and the usage of the UML and GML notation for conceptual schemas, that describe the information content of databases, were applied for the first time in Poland. And thereupon Polish way to INSPIRE was divided into two stages: stage 1 the development of regulations along with the UML application schemas, the objects catalogues and the GML application schemas. These regulations settles many affairs, reform some issues, carry some new solutions into effect, among other things, suggest the GML as an interchange format or conform partially the geodetic spatial information infrastructure to the INSPIRE requirements; 252

stage 2 the preparation of data packages conformant to the INSPIRE implementation rules, that will be published on the Internet (commonly available).

2. Interoperability wanted! Annexes to the INSPIRE Directive include a list of spatial data themes that are in the European Spatial Data Infrastructure area of interest. The Surveyor General of Poland is responsible for 15 of them. Besides conventionally geodetic themes, like cadastral parcels or spatial reference systems, these are addresses, transport networks, hydrography, demography, geology, geographical names or protected sites. To ensure the interoperability of such varied spatial data sets, among others, to enable these sets linking, is an extremely hard task. The INSPIRE guidelines recommend the harmonisation of spatial data sets as a way to reach their interoperability. Harmonisation means an assurance of internal logical and semantic coherence of every thematic models (and thereby data from source sets), as well as the similar coherence between them. At the annual conference of the Polish Association for Spatial Information in Poland in 2007 there was presented a harmonisation concept (Pachelski, Parzyski, 2007). This proposition assumed the General Geodetic Model construction. The GGM included definitions of classes that could be used to build other more specific UML application schemas. The GGM was based on the FIG Core Cadastral Domain Model (Fig. 2.1).

Fig. 2.1. UML class diagram for the initial version of the proposed General Geodetic Model based on the FIG CCDM Source: Lemmen, van Oosterom, 2006

Above mentioned idea was verified in practice, however. In the Head Office of Geodesy and Cartography in Poland firstly were published regulations concerning places, streets and addresses record and the Integrated Real Estate Information System. Thus, the concept of the GGM was implemented in the form of the Basic Model. As another application schemas were developed for another regulations, the following classes were added to the BM. These new classes can be used to build next specific application schemas. Currently the BM consists of 5 models (Fig. 2.2). These are: Basic Types, Cartography, Document, Reference Between Spatial Information Infrastructure Objects and Spatial Object.

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Fig. 2.2. Component models of the Basic Model Source: own elaboration

Underneath, some component models of the Basic Model were discussed briefly. The Spatial Object Model was shown in the below picture (Fig. 2.3).
class Spatial Obj ect

FeatureType BM_SpatialObject +object 0..*

FeatureType BM_ReferenceSpatialObject + idSII: BM_Identifier

+set

0..*

FeatureType BM_SpatialDataSet + idSII: BM_Identifier

voidable + metadata: MD_Metadata

Fig. 2.3. Spatial Object Model Source: Basic Model (not published)

In the above picture the BM_ReferenceSpatialObject class was defined. It is a first construction element that allow referencing to other databases. The succeeding elements were shown in the next picture (Fig. 2.4). The BM_ReferenceToObject class also realize such reference. The Union stereotype means choice, in this case the choice between the idSII attribute and the association described by the object role. The attribute selection causes that a unique identifier for an object, to which the reference has been done, will be recorded in the target place. In case of association selection, the proper information specified in the objects catalogue will be recorded in the target place.

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class Reference Betw een SII Obj ects +object BM_SpatialObject FeatureType BM_ReferenceSpatialObject + idSII: BM_Identifier

Union BM_ReferenceToObj ect + idSII: BM_Identifier

Fig. 2.4. Reference Between Objects of Spatial Information Infrastructure Source: Basic Model (not published)

The Basic Type Model includes definitions of classes that can be used to construct more than one UML application schema (Fig. 2.5). The BM_Identifier class defines the structure of unique spatial objects identifiers, the BM_Set class describes sets that not include spatial data, for example, photos, scanned documents etc. The BM_Base enumeration type specifies types of databases to record data.
class Basic Types

DataType BM_Identifier + + + localId: CharacterString namespace: CharacterString versionId: CharacterString [0..1] + + + + + + + +

FeatureType BM_TechnicalDocumentation creationDate: Date studyId: CharacterString [1..*] metadata: MD_Metadata referenceToDatabase: BM_Base contractor: CI_ResponsibleParty workScope: LinearRing networkRefernce: CI_OnlineResource [0..*] contenet: BT_Set [1..*]

enumeration BM_Base EGiB GESUT BDNMT BDOrto BDOT10k BDOT500 BDSOG BDZLiS EMUiA PRG PRNG PRPOG RCiWN BDOO

constraints {allowed characters for localId and namespace}

DataType BM_Set + + + + + + + + + updateDate: Date [0..1] creationDate: Date description: CharacterString [0..1] electronicForm: Boolean extension: CharacterString [0..*] author: CI_ResponsibleParty [1..*] title: CharacterString networkResource: CI_OnlineResource [0..*] contentType: BM_ElementType [1..*]

Voidable + notificationId: CharacterString + principal: CI_ResponsibleParty constraints {condition for network resource}

constraints {condition for electronic form} {condition for extension} CodeList BM_ElementType DataType BM_LifeCycleInfo + + endLifespanVersion: DateTime [0..1] beginLifespanVersion: DateTime + + + + + + + evidenceReceiptCopies surveyLog other protocol workingDataBase technicalReport fieldSketch

CodeList BM_VerticalSystem + + + + + + + + + + Kronsztadt60 Kronsztadt86 Kronsztadt2006 Amsterdam55 Amsterdam2000 EUREF89 ETRF2000 ETRF2008 Pulkowo42 EVRS2007

CodeList BM_GeodeticReferenceSystem + + + + + + + + + + EUREF89 ETRF2000 ETRF2008 Pulkowo42 PUWP1992 PUWP2000 PUWP1965 PUWP1942 PUWPBG UTM

constraints {end of object version}

Fig. 2.5. Basic Types Model Source: Basic Model (not published)

The Document Model defines classes describing different sorts of documents and the Cartography Model represents object classes for storing data about editing map. The utilisation of the Basic Model as one of the basis (beside the ISO 19100 series of International Standards) was meant to ensure the internal harmonisation of data sets that are in the Surveyors General of Poland responsibility, thereby heading for the spatial data sets interoperability. 3. Interoperability founded? The most important question is whether the harmonisation of geodetic data sets was obtained in Poland, thereby whether the interoperability of these sets was ensured? Lets try to answer this question by using the concrete examples. 255

class Place

FeatureType AD_Place + + + + + + + + idSII: BM_Identifier lifeCycle: BM_LifeCycleInfo name: AD_StandardizedEndonym placeNameInEthnicMinorityLanguage: AD_StandardizedEndonym [0..*] area: Area [0..1] position: GM_Point type: AD_PlaceTypeCode validFrom: Date [0..1]

+place2

+GN_GeographicalNameRP

Union BM_BasicModel:: BM_ReferenceToObj ect + idSII: BM_Identifier

+place1 voidable 1..* +administrativeUnit1

+AU_AdministrativeUnit

+administrativeUnit2 FeatureType AD_Administrativ eUnit

voidable + informationSource: BM_Document [1..*] {ordered} + geometry: GM_MultiSurface + idTERYT: CharacterString + validTo: Date constraints {unit of area measure} {valid from} {administrative unit} {adjective of city name} {adjective of country name}

+isPart 0..1

+ + +

idTERYT: CharacterString name: AD_StandardizedEndonym level: AD_AdministrativeHierarchyLevelCode

+part 0..*

constraints {upper level unit} {lower level unit} {administrative hierarchy} {places in unit} +lowerLevelUnit 0..* +upperLevelUnit 0..1

Fig. 3.1. Part of the application schema regarding places, streets and addresses record Source: Projekt rozporzdzenia MSWiA w sprawie ewidencji miejscowoci ulic i adresw, 2011

The foregoing picture (Fig. 3.1) shows a part of the Place Model that uses a mechanism of referencing to other databases. The AD_AdministrativeUnit class is in relation to BM_ReferenceToObject class. The role name (AU_AdministrativeUnit) specifies that there should be a reference to the National Register of Boundaries and Areas of Territorial Division Units of the Country, and the objects catalogue (Fig. 3.2) defines what kind of information should be copied from this register to the AD_AdministrativeUnit class. The AD_Place class is in relation to BM_ReferenceToObject class, and the role name (GN_GeographicalNameRP) informs about the National Register of Geographical Names where the official name of place is recorded.

Fig. 3.2. Part of the objects catalogue describing AD_AdministrativeUnit class Source: Projekt rozporzdzenia MSWiA w sprawie ewidencji miejscowoci ulic i adresw, 2011

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class Topographic Surv eys Model

Union BM_ReferenceToObj ect + idSII: BT_Identifier 0..* 0..* 0..* 0..* 0..* 0..* 0..* 0..* 0..* 0..* 1..* 0..*

+PRG +BDOrto +BDSOG +BDOT10k +BDZLiS +PRNG +GESUT +EGiB +EMUiA +BDOT500 +spatialReferences +PRPOG

FeatureType TS_Measure + + technicalDocumentation: BM_TechnicalDocumentation measureType: TS_MeasureType

Fig. 3.3. Part of the model regarding standards of carrying out the topographic surveys Source: Projekt rozporzdzenia MSWiA w sprawie standardw technicznych wykonywania geodezyjnych pomiarw sytuacyjnych i wysokociowych oraz opracowywania i przekazywania wynikw tych pomiarw do pastwowego zasobu geodezyjnego i kartograficznego, 2011

The above picture (Fig. 3.3) presents a part of application schema for standards of carrying out the topographic surveys. The TS_Measure and the BM_ReferenceToObject classes are connected by 12 relationships. Data concerning source data, results of topographic surveys must be classified to some (one of 12) databases, where the whole geodetic data will be stored. The geodetic data means data that gathering and sharing are in the Surveyors General of Poland responsibility and hence these 12 relationships in the UML class diagram. This papers authors think that by the development and then by the usage of the Basic Model there was reached the harmonization of the geodetic data sets. Thus, the answer to question asked in the title of this paragraph is positive. 4. GML application schema as a data interchange standard There were developed a few geodetic data interchange formats in Poland, among other things, TANGO, SWING or SWDE. The TANGO format was developed with an eye to the Geodetic and Cartographic Documentation Centres data feeding and to the data interchange between spatial information systems. This standard is a result of establishments between companies that develop geoinformation systems in Poland. It makes up a compromise for the view of transfer data problem. The SWING (Standard Wymiany Informacji Geodezyjnych), or Geodetic Information Interchange Standard, is in turn a format for geodetic data interchange between databases of spatial information systems. This standard allows to represent spatial and descriptive objects in a text file. The SWDE format (Standard Wymiany Danych Ewidencyjnych), Register Data Interchange Standard was defined in annex 4 to regulation of land and buildings register in Poland. It was dedicated to data interchange between cadastral databases. This standard allows to represent spatial and descriptive objects from the land and buildings register in a text file. Above mentioned spatial data interchange standards are not compatible with the UML application schemas and do not ensure the spatial data sets interoperability, however. This conditions only fulfils the GML (Geography Markup Language) a formal language for data structures description, recommended by the ISO 19100 series of International Standards in the geographic information (geoinformation/geomatics) domain. It is a geography markup language as well as an open interchange format for spatial data between different geoinformation systems. 257

GML format is also used by one of the geoinformation services WFS (Web Feature Service), that makes spatial data (vector and descriptive data) accessible in the form of XSD (XML Schema) files. Geoinformation services play a key role in the spatial information infrastructure, because they provide a common access to the spatial data. GML is the XML grammar defined by the Open Geospatial Consortium (OGC). It specifies an encoding rule for application schemas conformant with the ISO 19100 series of International Standards, based on XML conformant with ISO 19118 (ISO/TC 211, 19118:2011). It allows to express in XML Schema both the spatial and non-spatial properties (defined in the ISO 19100 series of International Standards) of geographic features, for example, units of measure, geometry and topology, reference systems. The GML specification of implementation is ISO 19136 (ISO/TC 211, 19136:2007). It describes a set of encoding rules concerning the mapping from an ISO 19109 conformant UML application schemas to the corresponding GML application schemas (represented in XML Schema). This transformation rules are specified in Annex E of ISO 19136. The UML-to-GML application schemas transformation can be carried out with the use of manual or automatic method (Chojka et al., 2012). The manual method mainly requires a good knowledge of the ISO 19100 series of International Standards, particularly ISO/TS 19103 (ISO/TC 211, 19103:2005) and ISO 19109 (ISO/TC 211, 19109:2005), that specify rules for application schema building and ISO 19136. In this method the UML application schema development is needed. It can be done in any software aided UML class diagrams design (as well as drawn on a sheet of paper), then applying ISO 19136 rules to write a GML code of UML application schema. The automatic method requires first of all a proper software, that enables UML-to-GML application schema automated transformation. Currently two applications are available for this purpose: ShapeChange i FullMoon, both free of charge, however they require using some commercial applications Enterprise Architect or Rational Rose to correctly prepare an output UML application schema (file of UML profile with special tagged values). The most significant problem which has occurred during the transformations of the UML application schemas, that have been developed within regulation projects by the Head Office of Geodesy and Cartography, to corresponding GML application schemas, was a proper mapping of relationships between classes. If an association between classes in UML was not described by at least one role, then it could not have been expressed in GML. The role that characterizes an UML association, in GML code is recorded as a local element of the complex type, that corresponds to an attribute of UML class (Fig. 4.1).
class Geodetic Registration of Utilities Netw orks

FeatureType UN_GeneralUNObject + + + + + + + + + + idSII: BM_Identifier source: UN_Source startObject: Date objectLifeCycle: BM_LifeCycleInfo endObject: Date [0..1] existence: UN_Existence kergNumber: CharacterString measureDate: Date workPerformer: UN_PersonalData additionalInformation: CharacterString [0..1]

FeatureType UN_TransmissionLine +object + +transmissionLine + geometry: GM_Surface networkType: UN_NetworkType

voidable + legalBasis: BM_Document

voidable + application: UN_Application + owner: UN_PersonalData + brandedIdentifier: CharacterString + agreementNumber: CharacterString + utilitiesNetworkAdministrator: UN_PersonalData

258

Fig. 4.1. Relationship between classes in UML and the same relationship (object role) expressed in GML Source: Projekt rozporzdzenia MSWiA w sprawie bazy danych geodezyjnej ewidencji sieci uzbrojenia terenu, bazy danych obiektw topograficznych oraz mapy zasadniczej, 2011

UML allows to use a voidable stereotype that can be assigned to an attribute or association role in the UML application schema (for example metadata attribute in Fig. 2.3.). This stereotype means that it is a special attribute and can be applied if a characteristic of a spatial object is not present in the spatial data set, but may be present or applicable in the real world. The corresponding element of voidable stereotype in GML application schema is an attribute nilReason that in GML file with concrete data allows recording of an explanation for a void value or other exception, for instance, it can be a value inapplicable (there is no value), missing (the correct value is not readily available to the sender of this data, a correct value may not exist), template (the value will be available later), unknown (the correct value is not known to, and not computable by, the sender of this data, a correct value probably exists), withheld (the value is not divulged). 5. Conclusions To evaluate the way and the status of the INSPIRE Directive implementation in individual Member States to the European Union, there must be taken into account the fact that no one before did not try to regulate and ensure the interoperability of spatial data sets existing in the territory of European Union, which is so varied in terms of culture, politics or geography. This is a huge challenge in the worldwide. To paraphrase Neil Armstrong, each small step coming us closer to practice implementation of the INSPIRE Directive is a really giant leap for building the European Spatial Data Infrastructure. In authors opinion, spatial data linking is possible after meeting a few conditions. One of them is the identical information structure of spatial databases. This papers authors consider that Basic Model has served its purpose. The same elements in the developed UML application schemas have been defined in the same way through the usage of the reference mechanism to its definition in the Basic Model.

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Bibliography
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Chojka A., Michalak J., Parzyski Z., Zwirowicz-Rutkowska, 2012. Modele danych przestrzennych w UML i ich transformacja do schematw GML i struktur baz danych. Monografia. Roczniki Geomatyki, Roczniki Geomatyki, T. X, Zeszyt 1 (51), Warszawa. Directive, 2007. 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). Official Journal of the European Union (25.04.2007). ISO/TC 211 (Geographic Information/Geomatics): Technical Specification 19103:2005, Geographic information Conceptual schema language. ISO/TC 211 (Geographic Information/Geomatics): ISO 19109:2005, Geographic information Rules for application schema. ISO/TC 211 (Geographic Information/Geomatics), ISO 19118:2011, Geographic information Encoding. ISO/TC 211 (Geographic Information/Geomatics), ISO 19136:2007, Geographic information Geography Markup Language (GML). Lemmen C.H.J., van Oosterom P.J.M., 2006. Cadastral system IV: editorial. In: Computers, Environment and Urban Systems: an international journal, 30 (2006) 5 pp. 523-528. Pachelski W., Parzyski Z., 2007. Aspekty metodyczne wykorzystania norm serii ISO 19100 do budowy georeferencyjnych skadnikw krajowej infrastruktury danych przestrzennych. Roczniki Geomatyki, t.V, z.3, Warszawa. Projekt rozporzdzenia Ministra Spraw Wewntrznych i Administracji w sprawie bazy danych geodezyjnej ewidencji sieci uzbrojenia terenu, bazy danych obiektw topograficznych oraz mapy zasadniczej z dnia 12.08.2011 r. Projekt rozporzdzenia Ministra Spraw Wewntrznych i Administracji w sprawie ewidencji miejscowoci ulic i adresw z dnia 19.09.2011 r. Projekt rozporzdzenia Ministra Spraw Wewntrznych i Administracji w sprawie standardw technicznych wykonywania geodezyjnych pomiarw sytuacyjnych i wysokociowych oraz opracowywania i przekazywania wynikw tych pomiarw do pastwowego zasobu geodezyjnego i kartograficznego 19.09.2011 r. Rozporzdzenia Ministra Rozwoju Regionalnego i Budownictwa z dnia 29 marca 2001 r. w sprawie ewidencji gruntw i budynkw (Dz.U. 2001 nr 38 poz. 454). Ustawa z dnia 4 marca 2010 r. o infrastrukturze informacji przestrzennej (Dz.U. 2010 nr 76 poz. 489). Ustawa z dnia 17 maja 1989 r. prawo geodezyjne i kartograficzne (Dz.U. 2010 nr 193 poz. 1287).

12. 13. 14.

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ACCESS TO ONLINE SPATIAL RESOURCES

Kamil Czaplicki Faculty of Law and Administration The Information Law Department Cardinal Stefan Wyszyski University e-mail: kamilczaplicki@wp.pl At present the Internet is one of the main sources of information. Here one can find almost any information, news and description. On the Internet one can find information on both persons, objects as well as on surrounding area. Many years ago the advantages of Internet communications were also discovered by the spatial data owners, who published their public resources on the Internet. This allowed the real opening of resources and universal access to spatial information. On the Internet one can find a lot of spatial data. The most important online resource for spatial information is geoportal, managed by the Surveyor General of the State. Legal basis for the functioning of the geoportal, sharing data and resources is Act of March 4 2010, on spatial information infrastructure, Act of May 17 1989, Geodesic and Cartographic Law and Act of February 17 2005, on the implementation of IT solutions to the entities performing public tasks According to the description on the geoportal website 130, geoportal is an infrastructure of nodes of National Spatial Data Infrastructure, cooperating together and providing services - from searching, trough giving access, to analysing data. Geoportal is an Internet based portal harmonious with regulations of EC Directive INSPIRE, playing a role of broker, allowing its users to access demanded geospatial information. One of the crucial requirements of the developed solution is to ensure interoperability in a meaning of ability for cooperation of nodes regardless to the system, hardware or software platform used, assuming that implementation of the nodes of infrastructure was unanimous with international (ISO, OGC) and national standards. Geoportal provides : 1. studies and geospatial data, including the cadastral data (with information concerning geometry of the parcels), 2. studies of aerial and satellite ortophotomaps, and additionally: sozological maps prepared in 1: 50 000 scale, hydrographical maps prepared in 1:50 000 scale, raster topographical maps prepared in scales: 1: 10 000; 1:25 000; 1:50 000; 1:100 000, data on borders of the state territorial division units, data of the state register of geographical names. The spatial data services available through the Geoportal include: 1. 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; 2. 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. As it was noted Mrs. Dr. Agnieszka Gryszczyska, the importance of geoportal in the distribution of spatial data is growing and will grow along with sharing through it cadastre data from all counties, or

130

http://www.geoportal.gov.pl/

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the introduction of the possibility of electronic sales of data and maps, support of spatial queries, location of addresses or providing geodetic control network. 131 The nodes of National Spatial Data Infrastructure (KIIP) operates on the three levels: central, provincial (voivodeship) and district. The data bases of the register of lands and building (EGiB) are placed in the districts, while the warehouses of the topographical data are stored on the provincial level. On the other hand, GEOPORTAL.GOV.PL GEOPORTAL.GOV.PL enables access to geospatial information in the form of redirecting or indication to the outer data (any spatial data services registered in the system) and also be able to act as the data access point that indicates the source of the data (so called one stop). Geoportal has been created to provide on-line services based on geospatial and metadata data. These services, according to the assumptions of geoportal, are to be made available primarily for entrepreneurs, and thus, help them to improve their competitiveness. In addition, the geoportal will contribute to the development of entrepreneurship and will increase innovation and competitiveness in the market. The access to the geospatial data improves entrepreneurs decision processes concerning investment; it contributes to the modernization of public administration (at central, regional and local level) within the scope of the project through the use of modern information and communication technologies; it increases knowledge and the importance of spatial information and information of cadastral character among entrepreneurs. Geoportal also contributes to significant savings in time and cost for entrepreneurs using the geodetic services and allows extending the entrepreneurs range of offers providing in the market services based on public spatial information.

Home page of geoportal.gov.pl Geoportal provides universal and free access to the data, if otherwise permitted by law. The user of geoportal, has the right to use its resources only non-profitably and non-commercially, solely for personal use laid down by the Copyright Act. In particular, one cannot reproduce, sell, share or in other way distribute the content of the geoportal. Using geoportal does not require registration; registration is required only for active participation in geoportal, for example on the forum.

131

A.Gryszczyska, K. Czaplicki, Methods of identity verification of users of electronic public services illustrated with an access to geoinformation w: D. Kerekovic (ed.) The Future with GIS, Zagreb 2011

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Geoportal provides access to: kadastral, orthophotograph, raster and topography maps. Here are some examples of these maps.

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Currently completed Geoportal project will be continued and further developed in following phase called Geoportal 2 focusing on extension of National Spatial Data Infrastructure. This infrastructure will be a part of the wider European Spatial Data Infrastructure by meeting requirements of EC Directive INSPIRE

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As previously announced by the creators, it is assumedthat the project Geoportal 2 project will extend the current functionality to include among other issues sharing of data selling capabilities in the electronic or paper form in the transactional mode with the use of the Electronic Charging System; support for spatial queries (e.g. query for the closest hospital); possibility to include in the systems spatial data files and services provided by third parties; geospatial address localization service; access to the geodetic network database. Geoportal is not the sole online spatial database. Many cities have introduced their own local resources. An example would be a spatial information system of the city of Gdansk. At gis.gdask.pl one can find among others : - Detailed map of the city, with elements of cadastral maps Map of land ownership 2008 and 2000 photomaps 1940 historic city plan o Comprehensive map of area development and planning Hyspometric map - model of the altitude site These maps sets are spatially integrated, which means that the user obtains various information concerning the selected portion of the city, analyzing the same view of the map. Navigation is intuitive and smooth. The user has the possibility to control the content of the displayed or printed maps through the control of the active sets of layers. The area of interest one can print in high-resolution in selected graphics format or send to other persons the link to this area. The system is based on layers of spatial information system of Gdansk, integrating information from different departments of the City Council. This system is one of the most comprehensive, public Internet studies of this type not only in Poland but also in Europe - both in terms of substantive and functional scopes. The system provides access to land ownership maps, administrative division maps of the city of Gdansk, maps of geodetic districts, spatial development plans, acoustic maps, simplified plan of the city used in portable devices such as PDA, maps of the elevation model of the city, maps of population density in the area of Gdansk, roads and bike paths, maps of hiking trails, orthophotos of 2000 and the presentation of three-dimensional 3D models of selected fragments of Gdansk. Additionally, the system includes 1763 plan of Gdank, 1797 and 1836 plan of Gdank, 1894 Plan of the vicinity of Central Railway Station. You can also find the morphogenetic structure of Gdansk, presentation of subsequent phases of territorial development of Gdansk dating back to 15th century, against the background of current city limits, comparison of current area of Gdansk with the area of the Free City of Gdansk in 1939k, a comparative analysis of aerial photographs from 1947 with photos from 1997, which present the damages caused during World War II.

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It is also important that the system operates in two languages, Polish and English. The Englishlanguage feature, however, is limited only to the names of the map. The maps themselves are now only in Polish- just like the description, navigation and map legend. Like the geoportal, the system in Gdansk is free and requires no login to get all the necessary information. Access to spatial resources via the Internet is now a norm. Both geoportal and local systems contribute to deepen public awareness of spatial data, develop a wide-ranging e-government, but also bring a lot of time and money savings. Currently used maps are not perfect, often leave much to be desired, but one must believe that they will be continuously developing and their functionality from year to year will be higher.

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PROTECTION OF PERSONAL DATA IN THE POLISH GENERAL INSURANCE SYSTEM PROBLEMS AND CHALLANGES
Wiesaw Koczur University of Economics in Katowice Poland 1. Introduction The performance of tasks in the scope of social insurance requires processing large information resources (coming from tens of millions source documents, which arrive at the organisational units of the Social Insurance Institution (ZUS) from the insured, the contribution payers and other entities), important both from the viewpoint of the protection of privacy of the insured citizens and their social security, and from the viewpoint of public safety. It should be remembered that 15.9 million citizens of the Republic of Poland are included in the personal scope of the Polish general social insurance system (most from the following provinces: Mazovia Province 2.3 million, Silesia Province 2.0 million, and Wielkopolska Province 1.4 million; and the fewest from the following provinces: Opole, Podlaskie and Lubuskie Provinces 0.4 million each) 132, and they benefit from insurance protection which requires processing personal data, including sensitive data, concerning, for example, health condition. Thus, the question arises concerning how personal data is protected in the said insurance system and how efficient this protection is. Insured Persons, by Voivodeship Specification POLAND Dolnolskie Kujawsko-pomorskie Lubelskie Lubuskie dzkie Maopolskie Mazowieckie Opolskie Podkarpackie Podlaskie Pomorskie lskie witokrzyskie Warmisko-mazurskie Wielkopolskie Zachodniopomorskie
Source: ZUS, Warsaw 2012.

31 XII 2011 15 853 449 1 235 052 869 089 772 390 439 490 1 071 376 1 286 675 2 289 826 375 678 799 600 418 144 943 050 1 950 155 486 737 602 278 1 451 436 715 037

31 III 2012 15 875 504 1 235 835 869 409 774 457 439 672 1 071 759 1 290 408 2 299 144 375 672 801 860 419 277 942 872 1 952 178 487 279 602 516 1 454 934 714 993

Cf. Waniejsze informacje z zakresu ubezpiecze spoecznych [Important information from the scope of social insurance]. ZUS, Warsaw 2011, p. 7.

132

270

Contribution Payers, by Voivodeship

Source: ZUS.

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2. Normative basis for the protection of personal data in the Polish general social insurance system The normative basis for the protection of personal data in the Polish general social insurance system is expressed in the provisions of the Personal Data Protection Act of 29 August 1997133 together with executive regulations, as well as in the provisions of the Social Insurance System Act of 13 October 1998 134. The latter Act, unlike previously binding regulations in the scope of general social insurance, explicitly underlines the necessity to protect information and data gathered for the purposes of the insurance, and states that the information included in the accounts of the insured and the accounts of the contribution payers as well as the source data comprising the basis of the entries in these accounts are subject to the provisions on the protection of personal data, and using personal data and other information gathered in the accounts of the insured is permissible only in the cases stipulated in the Act. Access to the data included in the accounts of the insured and the accounts of the contribution payers has been limited through indicating in the Act to those entities entitled to this right. In accordance with its provisions (Article 50 clause 3), the data gathered in the account of the insured and the account of the contribution payer may be shared with: courts, public prosecutors, tax inspection authorities, tax authorities, court enforcement officers, social welfare centres, county family support centres and the Polish Financial Supervision Authority. The abovementioned catalogue was supplemented in Article 50 clause 9 of the Social Insurance System Act with the authorities obliged to pay family benefits not indicated in Article 50 clause 3 of the Act, such as district administrators and city mayors. The right to access the data gathered in the account of the insured and the account of the contribution payer has been guaranteed also to natural persons and contribution payers whom the information in these accounts concerns. The data is shared on request. It should be underlined that in accordance with Article 79 of the Social Insurance System Act, individual data included in the accounts of the insured and the accounts of the contribution payers as well as in the registers maintained by the Institution and the source data comprising the basis of the entries in these accounts and registers constitute a legally protected secret of the Institution, which the employees and members of the Supervisory Board of the Institution are obliged to keep. Despite appreciating the value of the aforementioned provisions of the Social Insurance System Act, it should be noted that processing personal data by the Social Insurance Institution, regardless of the method, scope and place of their processing, is subject to the provisions of the Personal Data Protection Act, which bind the Institution in connection with the bases of data processing, protection and sharing, unless the provisions of the Social Insurance System Act set a higher level of protection or determine the rights and obligations related to the use of personal data in a different way. Other documents of importance in the said subject matter include the regulations of the internal management of the Social Insurance Institution regulating the information security policy, and in particular regulation No. 95 of the President of the Social Insurance Institution of 22 December 2010 on introducing an information security policy in the Social Insurance Institution. 3. The scope of the processed personal data The aforementioned insurance institution processes personal data 135 in such scope as is necessary in order to perform its own tasks in the scope of social insurance, resulting in particular from the provisions of the abovementioned Social Insurance System Act, and from the provisions of:

Consolidated text: Journal of Laws of 2002, no. 101, item 926, as amended. Consolidated text: Journal of Laws of 2009, no. 205, item 1585, as amended. 135 It should be mentioned that in Article 7 pt. 2, the Personal Data Protection Act defines processing personal data as (...) any operations performed on personal data, such as gathering, recording, storing, elaborating, changing, sharing, and deleting (...). For reference on the premises of admissibility of personal data processing in the Polish general social insurance system see G. Szpor: Przesanki dopuszczalnoci przetwarzania danych osobowych w systemie ubezpieczespoecznych [The premises of admissibility of personal data processing in the social insurance system]. In: Demograficzne i spoeczne
134

133

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the Act on pensions from the Social Insurance Fund of 17 December 1998 136, the Act on cash benefits payable for sickness and maternity from the social insurance of 25 June 1999 137, the Act on social insurance against accidents at work and occupational diseases of 30 October 2002 138; as well as the executive regulations to the abovementioned Acts, and tasks assigned to the Institution pursuant to separate provisions of law 139. The Social Insurance Institution processes personal data (both with the use of information systems, and through traditional methods and means) in the following data sets: 1. The set entitled Zbir danych osobowych przetwarzanych w ZakadzieUbezpiecze Spoecznych [The set of personal data processed in the Social Insurance Institution], where the following categories of persons whose data are processed in the Institution are distinguished: the insured (persons registered for social insurance or public health insurance); persons whose personal data were used to identify contribution payers; family members of the insured; beneficiaries; medical doctors, dentists, medical assistants, senior medical assistants, whose data are processed in the register maintained by the Institution pursuant to Article 56 of the Act on cash benefits payable for sickness and maternity from the social insurance; ZUS clients who submitted cases for examination to the Institution in person, by mail, by telephone or via the Internet; 2. The data set containing the data of persons processed in relation to their employment in the Institution (employees of the Institution; persons who provide services to the Institution under civil law agreements; persons on work placement or internship in the Institution); 3. The data set containing data recorded in connection with the consent to enter into areas which are subject to special protection in the organisational units of the Institution. In turn, information systems which serve to process personal data in the Social Insurance Institution are divided into the following system groups: systems comprising the Comprehensive Information System of the Social Insurance Institution (KSI ZUS), pension systems, information systems functioning parallel to KSI ZUS, other than pension systems, which use neither the system and technical infrastructure of KSI ZUS, nor the system and technical infrastructure of the pension systems 140. The personal data concerning the insured and the contribution payers which the said institution is authorised to process are indicated in the provisions of the Social Insurance System Act, as well as the executive regulations issued on the basis of the delegations contained therein. And so, the regulation of 12 March 1999 on the detailed scope of data included in the central registers maintained by the Social Insurance Institution 141 issued pursuant to Article 33 clause 5 of the Social Insurance System Act enumerates the data subject to processing in the Central Register of Insured Persons: data identifying the insured (personal identification number PESEL, tax identification number NIP, series and number of identity card or passport, if the insured person does not possess a PESEL number, has not given it or the given number is doubtful surname, first and middle names, date of birth, family name, citizenship, sex); address information concerning the insured (postal code, town, municipality, county, province, street name, house number, apartment number, post office box) and
uwarunkowania ubezpiecze [Demographic and social conditions of insurance]. Ed. A. Rczaszek. Wydawnictwo AE w Katowicach, Katowice 1999, p. 95 et seq. 136 Consolidated text: Journal of Laws of 2009, no. 153, item 1227, as amended. 137 Consolidated text: Journal of Laws of 2010, no. 77, item 512, as amended. 138 Consolidated text: Journal of Laws of 2009, no. 167, item 1322, as amended. 139 The provisions of the Act on social pension of 27 June 2003 (Journal of Laws of 2003, no. 135, item 1268, as amended) should be indicated in particular. The issue of the scope of operations of the Social Insurance Institution was presented in detail in the workSystem ubezpiecze spoecznych. Zagadnienia podstawowe [Social insurance system. Basic issues]. Ed. G. Szpor. Wydawnictwo LexisNexis, Warsaw 2011. 140 Cf. W. Koczur: GIS in Social Insurance. In: GIS Croatia 2000. International Conference andExhibition Proceedings. Ed. D. Kerekovi. Croatian GIS Association, Zagreb 2000, p. 285 et seq. 141 Journal of Laws of 1999, No. 30, item 293. For information on the said registers see G. Szpor: Struktura systemu ubezpiecze spoecznych [Social insurance system structure].In: System ubezpiecze spoecznych op. cit., p. 54 et seq.

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data allowing other forms of contact, such as telephone number, fax number, e-mail address; data concerning being insured including: title of insurance, type of insurance, date of insurance, date of deregistration from the insurance, degree of kinship (affinity) with the employer (principal), staying in the same household with the employer (principal), information on performing work in special conditions or of special nature, profession, education, work-time, mining post; information on disabilities (degree of disability and the period for which it was adjudicated, the degree of inability to work); data determining the status of an insured foreigner (possession of a permanent or temporary residence card or the status of refugee); bank account number if the benefits are paid via a bank. In turn, the following information is recorded in the account of the insured: the indexed amount of pension contributions, including contributions to open pension funds; the amount of funds in the account of a member of an open pension fund transferred by the pension fund to the Social Insurance Fund in the case where the right to periodical capital pension or life capital pension is not established; the amount of payable and paid contributions to pension, disability, sickness, accident and health insurance and the amount of payable and paid contribution to an open pension fund; the amount of funds paid as periodical capital pension; the amount of life capital pension; the initial capital and indexed initial capital. The said account also contains the following information: mentioned in the application forms for social insurance, the personal monthly report and the social insurance statement; concerning membership in an open pension fund and the dates when contributions were paid to that fund; concerning membership in a health care fund and the dates when contributions were paid to that fund; necessary for granting and payment of social insurance benefits, as well as benefits financed by the state budget and concerning the payments made; concerning non-insurance facts which have an impact on the right to social insurance benefits and their amount 142; necessary to establish, re-establish or calculate the initial capital; concerning periods of performing work in special conditions or of special nature; necessary for the performance of tasks by the Social Insurance Institution assigned pursuant to separate provisions of law. In turn, the data gathered in the account of the contribution payer include identification data of the given entity or natural person; identification data of the contribution payer including the particular legal form according to the National Official Register of the Nationalised Industries Units (REGON), the number according to the European Classification of Activity (EKD), the number according to the Polish Classification of Activity (PKD), and all other data necessary for the handling of the said account, and in particular for the purpose of settling contribution liabilities and for the purposes of execution proceedings; information on the number of employees for whom a contribution is paid to the Temporary Retirement Fund; data necessary for the performance of tasks by the Social Insurance Institution assigned by separate provisions of law. Contributions payable, benefits from the social insurance and family and attendance benefits which count towards contributions and are paid by the contribution payer, and other contributions collected by the Social Insurance Institution are also settled in the account of the contribution payer 143. Thus, as indicated above, ZUS gathers large information resources, important both from the viewpoint of the protection of privacy of the citizens and their social security, and from the viewpoint of public safety. Special protection is required for sensitive data concerning, for example, the health condition of the insured persons.

It must be added that the phrase non-insurance facts with an impact on the right to social insurance benefits and their amount gives rise to many controversies in the doctrine, which, due to the underdetermined character of the phrase, should be deemed justifiable. Cf. E. Kulesza: Kilka uwag o przetwarzaniu danych osobowych na potrzeby ubezpiecze spoecznych przez ZUS [A few remarks on the processing of personal data by the ZUS for the purposes of social insurance].In: Ochrona danych osobowych podmiotw objtych prawem pracy i prawem ubezpieczespoecznych [Protection of personal data of the entities subject to labour law and social insurance law]. Ed. T. Wyka and A. Nerka. Wydawnictwo Wolters Kluwer, Warsaw 2012, p. 211 et seq. 143 For information on the accounts of the insured and the accounts of the contribution payers see also G. Szpor: Struktura systemu ubezpiecze spoecznych op. cit., p. 52 et seq.; W. Koczur: Polish Social Insurance Law in View of New Information Technologies. In: GIS Polonia 2001. Proceedings. Eds. D. Kerekovi, E. Nowak. Warsaw Zagreb 2001, p. 329 et seq.

142

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4. The rules of protection of personal data in the Social Insurance Institution Pursuant to the provisions of the Personal Data Protection Act, the said institution is a data administrator 144 and is obliged to secure data processing using technical and organisational means which provide the protection of these data appropriate to the risks and categories of the data under protection. In particular, it should effectively secure the data from sharing them with unauthorised persons, taking them away by an unauthorised person, processing in violation of the Act, and change, loss, damage or destruction. Although managerial responsibility for the performance of tasks in the abovementioned scope and the performance of duties and obligations imposed by the provisions of the Personal Data Protection Act on the Social Insurance Institution as the data administrator is borne by the President of the Institution (which arises in particular from Article 73 clause 1 of the Social Insurance System Act 145), the tasks comprising the process of personal data security management in ZUS are performed primarily by the Central Office of the Institution and its branches. The following tasks are performed at the level of the ZUS Central Office: elaborating declarations of personal data sets processed in the Social Insurance Institution for registration by the Inspector General for the Protection of Personal Data and changes to these declarations; planning and coordinating the risk management processes of the security of personal data processed in the Institution; formulating and developing the rules of the personal data security policy; appointing the information security administrator of the Institution who supervises the application of technical and organisational means in ZUS, which provide protection of the processed data appropriate to the risks and categories of the data under protection, and who supervises the work of information security administrators in the branches of the Institution; designing and implementing organisational means of personal data protection if they concern all organisational units of the Institution or its Central Office; planning tasks concerning the design and purchase of technical means of protection if they are performed in a centralised manner; monitoring the security of personal data processed in the data communications network of the Institution; coordinating the performance of tasks related to the protection of personal data in the organisational units of the Institution through letters containing explanations, substantial interpretations, guidelines etc.; developing and implementing training programmes concerning personal data protection in the Institution; supervising explanatory proceedings concerning breaches of personal data protection in the branches of the Institution; conducting explanatory proceedings concerning breaches of personal data protection in the Central Office 146. In turn, the branches of ZUS perform the following tasks comprising the process of personal data security management:

Cf. Article 7 pt. 4 of the Personal Data Protection Act; see also E. Kulesza: Ochrona danychosobowych w ubezpieczeniach emerytalnym i rentowych wybrane zagadnienia [Protection of personal data in pension and disability insurance selected issues]. In: Procedury w ubezpieczeniach emerytalnym i rentowych [Procedures in pension insurance and disability insurance]. Ed. B. Wagner and M. Nowak. PSUS, Gniezno 2008, p. 123 et seq. 145 See also J. Jagielski: Pozycja prawna Zakadu Ubezpiecze Spoecznych [Legal position of the Social Insurance Institution]. Przegld Ubezpiecze Spoecznych i Gospodarczych [Social and Business Insurance Review] 1999, No. 1, p. 16 et seq.; K. Roszewska: Forma organizacyjno prawna Zakadu Ubezpiecze Spoecznych [Organisational and legal form of the Social Insurance Institution]. Praca i Zabezpieczenie Spoeczne [Labour and Social Security] 1999, No. 6, p. 20 et seq. 146 Cf. G. Szpor, W. Koczur: Nowa europejska strategia ochrony danych osobowych i jej wdraaniew Zakadzie Ubezpiecze Spoecznych [The new European strategy for protection of personal data and its implementation in the Social Insurance Institution]. In: Ochrona danych osobowych op. cit., p. 205 et seq.

144

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implementing in the branch the rules of the personal data security policy for the data processed in the Institution; participating in the implementation of the risk management processes of the security of personal data processed in the Institution; appointing an information security administrator in the branch to supervise the application of technical and organisational means in the branch which provide protection of the processed data appropriate to the risks and categories of the data under protection; implementing the organisational and technical means of protection in the branch; designing organisational and technical means of protection if they concern the branch and are not designed at the Central Office level; implementing training programmes in the branch concerning personal data protection; conducting explanatory proceedings concerning breaches of personal data protection in the branch; monitoring the security of personal data processed in the data communications network of the branch 147. The responsibility for the performance of tasks and fulfilment of obligations resulting from the provisions on the protection of personal data concerning the Social Insurance Institution as a data administrator is borne by all employees of the Institution in the scope determined in the Organisational bylaws of the Institution, organisational bylaws of the organisational units of the ZUS Central Office, organisational bylaws of the branches, and in the descriptions of duties, responsibilities and rights of the employee. The analysis of the regulations of the internal management of the Social Insurance Institution concerning the protection of personal data, as well as the analysis of their practical usage justifies the statement that we may speak of due diligence in the discussed subject. However, we must remember that ZUS as a personal data administrator acts pursuant to the provisions of the abovementioned Acts. Some of these provisions included in the Social Insurance System Act need change, as is shown by the twelve-year period of their application. This concerns in particular the provisions relating to the sharing of data processed by the Institution, as their imprecise wording results in doubtful rulings of appeal bodies. Although it may seem that the catalogue of entities authorised to access the information processed in the accounts of the insured and the accounts of the contribution payers is closed, in practise it is being expanded by way of interpretations made possible by the current wording of the said provisions of the Social Insurance System Act. Thus, the postulate of E. Kulesza that the provisions of the Social Insurance System Act should underline that the catalogue of entities authorised to access the information processed in the accounts of the insured and the accounts of the contribution payers is closed by supplementing Article 50 clause 3 with the word only 148, seems accurate. Otherwise, these data will always be shared also with entities other than those mentioned in the provision, as a result of using a broad interpretation. What also is worth considering here is a clear indication in the provisions of the Social Insurance System Act of the social security secret (parallel to banking secrecy or telecommunications secrecy) which serves to underline the priority of applying the provisions of the Social Insurance System Act in this matter, because they grant more protection than that resulting from the Personal Data Protection Act. The need to change the provisions defining the bases and forms of sharing personal data gathered by the Social Insurance Institution with the special services is a separate issue. The current arrangements should be deemed hard to accept as they often lead to a situation where it is not possible for the data administrator (ZUS) to perform its basic duties, and especially to prohibit improper data sharing or sharing inadequate for the purpose. We should remember that the legislator allowed requesting that personal data be shared on the basis of only a personal authorisation issued by the
147 148

Ibid., p. 207. Cf. E. Kulesza: Udostpnianie danych ze zbiorw prowadzonych przez ZUS a ochrona danychi tajemnica ubezpieczenia spoecznego [Sharing the data in the data sets maintained by the ZUS and data protection and social insurance secret]. In: Stosunki zatrudnienia w dwudziestoleciu spoecznejgospodarki rynkowej [Employment relations in the twenty years of social market economy]. Ed. A. Sobczyk. Wydawnictwo Wolters Kluwer, Warsaw 2010, p. 508.

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Head of the service (the Internal Security Agency, Intelligence Agency, the Military Counterintelligence Service, the Central Anticorruption Bureau) presented by the officer together with an official identity card, without justifying the need to possess the data and at the same time obliged the data administrator to share them. A change to this factual state should be called for, in the direction of a more formalised access of special services to the data gathered in the accounts of the insured and the accounts of the contribution payers, at least parallel to regulations in the provisions of the Act on the Police of 6 April 149. All in all, it should be stated that the arrangements accepted in the Polish general social insurance system in the scope of the protection of personal data deserve a generally positive assessment; although, as stated above, certain problems concerning the sharing of personal data processed by the Social Insurance Institution result from deficiencies in the current legal regulations, and in particular of the provisions of the Social Insurance System Act which do not contain an explicitly closed catalogue of entities authorised to gain information gathered in the accounts of the insured and the accounts of the contribution payers. Hence the de lege ferenda proposals presented above. However, the fact that the Social Insurance Institution needs to cope with new challenges posed by the dynamic development of electronic communication is a separate issue. The new European strategy for protection of personal data proposed on 4 November 2010 is an answer to the new risks, and it is in this context that the transformation strategy for the coming years of the abovementioned insurance institution should be discussed 150.

149

Consolidated text: Journal of Laws of 2007, No. 43, item 277, as amended; see also the Ordinance of the Minister of Interior and Administration of 5 September 2007 on processing information on persons by the Police (Journal of Laws of 2007, No. 170, item 1203). 150 Cf. more in G. Szpor, W. Koczur: Nowa europejska strategia op. cit., p. 195 et seq.

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8. INTERNATIONAL CO-OPERATION

COMPARATIVE ANALYSIS OF THE INFORMATION CONTENT CONCERNING CADASTRAL OBJECTS IN SELECTED EUROPEAN UNION COUNTRIES
Marcin Karabin Warsaw University of Technology Faculty of Geodesy and Cartography Department of Cadastre and Land Management Plac Politechniki 1, PL 00-661 Warsaw, Poland Tel.: (48-22) 625-15-27; 660-73-69; Fax: (48-22) 625-15-27 Mobile: +48-608-402-505 e-mail: M.Karabin@interia.pl SUMMARY The paper presents comparative analysis of the content of cadastral databases in selected European Union countries (Poland, Austria, Netherlands, Germany, Sweden, Finland and Lithuania). Mostly 3 types of cadastral objects are registered in cadastral systems in Poland and in other countries: land parcels, buildings and premises. Technical data about those objects are registered in the descriptive part of the cadastre but legal information is registered mostly in the land register. Spatial representation of those objects is presented on cadastral maps. Those three datasets was a subject of the discussed analysis. Aspects of integration and centralization of databases, rules of data flow, redundancy of data and digitalization of cadastral archives was also taken into consideration. 1. Introduction

In Poland and other countries in cadastral system there are registered mostly 3 types of cadastral objects: land parcels, buildings and premises. Technical data about those objects are registered in the descriptive part of cadastre but legal information is registered mostly in land register. Spatial representation of those objects is shown on cadastral maps. Considering the above, three types of cadastral objects may be distinguished in the real estate cadastre (land parcels, buildings and premises), as well as cadastral subjects (owners and/or possessors) who possess those cadastral objects. Those three datasets concerned cadastral objects in the cadastre will be further discussed in this paper. In paper there will be done mutual comparing analysis of the content of cadastral databases in chosen European Union countries (Poland, Austria, Netherlands, Germany, Sweden, Finland and Lithuania). Also aspects of integration and centralization of databases, rules of data flow, redundancy of data and digitalization of cadastral archives will be taken into consideration. This paper is a result of researches done in the authors Ph.D. thesis titled: A concept of the model approach to the cadastral system in Poland, basing on selected solutions existing in the European Union countries 151 and subsequent research works done by author within confines of Statutory Research Works of The Department of Cadastre and Land Management of The Warsaw University of Technology.

151

A concept of the model approach to the cadastral system in Poland, basing on selected solutions existing in the European Union countries, Ph.D. thesis, The Institute of Applied Geodesy, Warsaw University of Technology, Warsaw, October 14, 2005. Author: MarcinKarabin, Supervisor: Prof. WojciechWilkowski

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2. List and comparison of the information content concerning cadastral objects in Poland and in selected European Union countries included in land register Below the list and comparison of the most important features of cadastral systems is presented with reference to their information content included in land register are presented. Possibility to Possibility to Country Basic element Can the land registered in property consist of register a building register premises in the property in the several cadastral the land land register land register parcels? register yes, a separate Austria Land property yes as the right to... record Finland Land property Land parcel The Netherlan ds Lithuania Land parcel, building, premises Germany Land property (ies) 152 North Land property RhineWestphali a Sweden Land property /land parcel Poland Land property
Source: the authors own analysis

yes n/a n/a

no as the right to... yes, a separate record as the right to...

no yes, a separate record yes, a separate record yes, a separate record

yes

yes yes yes

no data available as the right to... yes, a separate record

no data available yes yes, a separate record

As it turns out from the above list, besides the Netherlands, Lithuania and Sweden, which are aiming at registration basing in general on a land parcel, remaining countries register land properties, which by definition may consist of several land parcels. Similar trends occur in the case of registration of building properties (created when the lands were transferred to leasehold). A record concerning the right to a building is made in the land register of a given land property, with the exception of Poland and Lithuania, where separate land registers are created. With respect to premises, a separate land register is created in the case when premises property is registered. A special attention should be paid to the commonness of land registers in all analysed countries, except Poland (i.e. there is no obligation to create a land register for each property in Poland).

152

the, so-called, personal folio

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Country Austria Finland The Netherlands Lithuania Germany North RhineWestphalia Sweden Poland

Registered rights: W ownership UW leasehold OPRZ limited material rights OP public limitations W, UW, OPRZ, OP W, OPRZ, OP W, UW, OPRZ, OP W, UW, OPRZ, OP W, UW, OPRZ, OP W, UW, OPRZ, OP W, UW, OPRZ W, UW, OPRZ

The level of Archives of land register in computerisation of analogue/digital form land register 100 % 100 % 100 % 100 % Depending on the State (German Land) 100% 100% The stage of commissioning, no data about percentage analogue, but digital are planned no data available analogue and partially and finally to be digital finally to be digital analogue analogue analogue, but digital are planned analogue

Source: the authors own analysis

As it turns out from the above list, the scope of rights registered in land register in discussed countries is similar. Except for Poland and Germany, the computerisation of property registers in other countries has reached 100%. In those countries digital archives of land register are planned or they are being implemented; this will eliminate the necessity to search for conventional documents and will allow for implementation of the remote access to land registers archive. 3. The list and comparison of the content of data sets on cadastral objects in Poland and in selected European Union countries included in the descriptive part of the cadastre Below the list and comparison of the most important features of cadastral systems is presented with reference to their information content, consisted in the descriptive part, being a component of the cadastre.

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Country Austria Finland

yes Depending on the State (German Land) yes North Rhine- Cadastral parcel Westphalia Cadastral parcel / yes Sweden real estateproperty 153 Cadastral parcel yes Poland
Source: the authors own analysis

The Netherlands Lithuania Cadastral parcel Cadastral parcel Germany

Basic elements If not, where data on The register of registered in the buildings can be buildings cadastre found Cadastral parcel no In property registers, in municipalities Cadastral parcel/ no A separate public real estate register Cadastral parcel no in Public Registers n/a n/a n/a n/a n/a

The register of premises no A separate public register no yes no no planned 154 yes

As it turns out from the above list, in general all countries register cadastral parcels; however in Sweden and in Finland a land property is the basic unit, for which data may be obtained from the system. If an interested person intends to acquire information concerning a single parcel (if the property consists of several parcels, what rarely happens in Sweden), it is necessary to look through the archive. The register of buildings is maintained only in Poland, in Sweden and in Lithuania and the register of premises is maintained in Poland and in Lithuania only. Therefore it would be reasonable to have a closer look at the content of buildings and premises registers in those countries. In Poland following 63 of the Cadastral Law, the following data are the registration data which concerns a building being a part of the property: A building registration number, being a part of a building identifier, An address number, which is used for marking this building, following the rules concerning real estates numbering, Digital description of a building outline, delineated by orthogonal projection of outer planes of outer walls of the building basement on the horizontal plane; in the case of buildings founded on pillars, orthogonal projection of a floor supported by those pillars the so-called, the building outline, Numbers of cadastral parcels, on which a building is located, Determination of the building basic function (dwelling houses, industrial buildings, transport and telecommunication buildings, trade-and-service buildings, reservoirs, silos and storage buildings, office buildings, hospitals and medical care centres, educational buildings, cultural centres, sporting centres, buildings used for production, service and business purposes for agriculture, and other buildings, not used for residential purposes, are distinguished), The building value and the date of validation, The year of completion of construction, The size of the built-up area in sq.m.,
153 154

The, so-called, real property units, i.e. real estates which may consist of one or several land parcels For statistic purposes

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 The number of over- and underground floors, Information of building materials used for construction of a building outer walls (bricks, wood, other materials), The quantity and numbers of premises, considered as separate real estates, The quantity and numbers of other premises, The total size of useful areas, expressed in sq.m.: - all premises in a building, - rooms assigned to premises, The registration number of monuments, maintained according to the rules of protection of cultural heritage. Besides the above data, the registration data concerning a building which is a subject of property, separated from the land, include (according to 64 of the Cadastral Law): The number in the land register or the number of other documents, which specify the property rights to the building, Specification of documents which determine rights to the building, other than property rights, The number of registration unit of buildings in the cadastre, to which the building, being an element of the identifier of that unit, belongs. Registration data concerning premises (following 70 of the Cadastral Law) in Polandinclude: The number of premises, being an element of the identifier of premises, The registration number of a building where particular premises are located, Specification of useful functions of premises (dwelling or other premises), The number of rooms included in premises and the number and types of rooms assigned to premises, The useful area of premises, expressed in sq.m., and the size of rooms assigned to premises. Besides above data, registration data concerning premises being a separate real estate, include: The number of premises in the land register, Specification of documents which specify rights to premises, other than property rights, The registration number of a registration unit of premises, to which premises have been assigned, The value of premises and the date of validation. Issues concerning cadastral registration in Sweden have been discussed in details by the author in the paper Cadastral System in Sweden, which was published in Geodetic Review No 6/2004 and 7/2004. In Sweden the basic information included in the register of buildings, include 155: Basic-and-obligatory information: - The building number, - Co-ordinates of the building centre, - The address, Additional information: - The type of the building utilisation, - The type of construction, - The date of construction, - The data of re-construction (restoration), - The size of apartments, - The size of built-up area, - Co-ordinates of the building identifier (the building number). The above group of additional information is included in the taxation register maintained by the CLTB 156. New information is attached to the basic information once a year, when the copy of the data
155

see Karabin (2004)

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base is received from the CLTB.However, the opportunity was created for municipalities to register those data.So detailed information concerning buildings are included in registers maintained by authorities responsible for calculating property taxes, i.e. the CLTB.In the address part for the building (municipalities are also responsible for registration of addresses), the name of the street is registered, which specifies the street where the building is located, together with the address number, the coordinates of the identifier (the address number), the commonly used name and the postal code(see Karabin,2004). Apart from the above technical data concerning the building, the following information is available in Sweden: 157: Administration data, The identifier of the property on which the building is located, The number of the cadastral map, on which the building is presented, Typical taxation data, acquired by the link to the taxation unit information concerning validation of the building from the register maintained by the CLTB, Subject data, i.e. information about the owner form the LDBS. Comparing theSwedish building register with the Polish cadastral data base a certain coherence with respect to the data content may be observed, providing that in Poland the cadastre maintaining body is made responsible for collection of data concerning buildings; in Sweden only the basic data are registered by the cadastre maintaining body (the building number, co-ordinates of the building centre, the address). The body which deals with calculating property taxes is responsible for registration of remaining data. Therefore the subject itself is interested in utilisation of those data. From the economic point of view, as well as considering the data timeliness the Swedish solutions should be considered as better than the Polish ones. In the cadastral database in Lithuania (included both cadastral and land registers data) the following data is registered (EULIS, 2003b): For a land parcel: The main objective purpose of land use; type of land use or business activity; The unique number of an object; cadastral No; basis of formation ; the co-ordinate system, x,yco-ordinates; the total area of a land parcel; the area of farming lands; drainage conditions; the productivity grade; the assessed value of a land parcel; thedate of assessment. For buildings, premises and other objects (buildings, flats, other) including engineering structures of the underground technical infrastructure: The purpose of use; The unique number of an object; The number of rooms; The total area; The living area; The floor number; The mean market value; The construction value; The replacement value; The date of assessment; The date for data update;
156 157

Central Land Tax Board see Karabin (2004)

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For all object in Lithuanian cadastral database there are also registered (EULIS, 2003b): Type of possession (ownership right, joint common ownership, state-owned possessed by the right of possession, trust, lease, etc) is registered. Notes: The transfer transaction is concluded; The property administration; The personal ownership; The common-joint ownership of spouses; The property entrust right; Other real rights to the property: lease; the right of enjoyment; sub-lease; servitudes; the pre-emption right; Restrictions on property rights: the seizure act on the property; restrictions to change main objective purpose of use; About a land parcel: - the main objective purpose of land use; - the type of land use or business activity Other notes: - mortgage; - object registered in the Register of Cultural Heritage; - the Court case related to this property under investigation; Special use conditions: - various protection zones; - drainage systems; - water bodies; - swamps, streams; - recreation areas, etc. Remarks and references of the Register: - thearchive file No. - theadministrator of the register, etc. Comparing the content of the buildings register in Lithuania with the Polish and Swedish solutions it may be concluded that the scope of data is also similar. In Lithuania the year of completion of construction, the area and the type of the building walls are not registered; in Sweden the type of construction is registered instead of the type of the building walls. However, it should be remembered, that such information must be acquired anyhow in order to assess the building value and to register it in the data base. As it turns out from the above comparison, the subject scope of the cadastre in Poland is relatively wide. It should be explained that maintaining the register of premises in Lithuania results from the complete integration of the cadastre with land register (one database maintained by one institution). The information content concerning premises in Lithuania is coherent with the Polish solutions. In Germany, in several German Lands, cadastral offices maintain data bases concerning buildings, besides the ALB and ALK data bases. In general, those data are stored in digital forms and those data bases include the following data (Hawerk,1995): the identifier of a parcel where the building is located, together with the building identifier, co-ordinates of the parcel centre, the building order number, the function of a building,

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the number of floors of the building and the building height, the building size, the roof covering type.

The author has ranked the countries with reference to the number of registered cadastral objects: Finland (the smallest number of registered subjects), the Netherlands, Poland/ Germany/ Lithuania/ Sweden (the highest number of registered subjects). In the authors opinion, as well as following the opinions of many experts, the Dutch cadastre may be considered as the model system. This results from the fact that the system is not highly loaded with the registration of many types of cadastral subjects and data. Basic data on a parcel: Level of NR number of parcel computerisatio Country ADR- parcel address n of the WSD co-ordinates of the descriptive part parcels centre point of the cadastre POW area of parcel UYT type of land use KBON soil classes WART estimated value NR, ADR, POW, UYT, 100 % Austria EMZ 158 POW, legal elements 100 % Finland NR, ADR, WSD, POW, 100 % The Netherlands UYT, transaction price Lithuania Germany NR, POW, UYT, WART Depending on the State (German Land) 100 % 100 % 100 % Uniform software at the country level Centralised cadastral (descriptive part) data base

Yes Yes Yes

Yes

North Rhine- NR, ADR, POW, UYT, Westphalia estimated soil classification Sweden Poland POW, UYT, WART NR, ADR, POW, UYT, KBON, WART 159

Yes 15 separated (the user considers it as 1 logical) Yes Yes Depending on Depending on the the State State (German (German Land) Land) no (54) no (Standard of exchanging data established) Yes no(Standard of exchanging data established) Several components (1 logical) no (446)

100 % 100 %

Source: the authors own analysis

It should be explained that although data concerning parcels are registered in the cadastre in Finland, information concerning individual parcels cannot be found there, since entire register units are registered. Therefore, for each register units the following information may be found (EULIS, 2003a): Basic register units: - The register unit identifier - The parcel identifier (parcel means one or several pieces of land belonging to one register unit defined by conveyance as transfer of part, ownership or leasehold; transfers of part are routinely formed to register units in land survey) Cadastre attributes:
158 159

The authors note: the crop index, EMZ Finally in the future

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the type of a register unit share in commonhold (common areas) easements (property rights between register unit units) specified information on land use rights and restrictions (the city plan, the master plan, some nature reserve sites or areas, some building forbid areas, ancient monuments, protected buildings, area of the unit the parent unit or units from which the register unit has been formed a new unit formed from the unit reference to survey documents (the property maps, co-ordinates, the tax assessment value, the address).

Taking into account previous considerations, it is worth to look in details at the cadastral data base content in the descriptive part of a parcel. Basing on the evaluation of listed basic data, which is registered about the parcel, some similarities could be observed. After detailed comparing of data it may be concluded that the amount of data to be registered in three countries: the Netherlands/Lithuania/Austria is really similar. The differences are as follows: in Austria the crop index EMZ is registered, in the Netherlands the transaction price and in Lithuania the parcel value is registered. The detailed analysis of the Swedish cadastre results in its worse ranking position, since it also registers mortgage encumbrances, usufruct, restrictions resulting from local plans.Similarly in Finland information on public restrictions and limitations in disposing the real estate/lands are registered, including such limitations which result from the so-called, city plans and master plans, information on protected areas of natural reservations, forbidden building activities as well as information on natural monuments, which are located within the real estate. After all, if we rank the countries with reference to the number of various data items, concerning the basic unit, registered in all analysed cadastral systems, i.e. the cadastral parcel, Finland will become the leader (the smallest amount of data), the next places (following the authors opinion) will be occupied by the Netherlands/Lithuania/Austria/Sweden. Evaluation of the data sets concerning cadastral parcels with respect to their usefulness for the users should be also performed. Following the authors opinion, if records concerning encumbrances, restrictions and limitations in disposal of the parcel, which, in particular, may result from local plans such data should be included in the set of registered data concerning the parcel. Considering the integration of the cadastre with land register, where particular encumbrances are registered, the potential purchaser would get important information concerning the parcel in one, complete set of data. What refers to Poland apparently similar data concerning the physical features of the parcel are registered (the catalogue of those data seems to be similar to the Dutch and Austrian data sets), but instead of registration of the type of land use, data concerning the types of land use together with soil classes (for lands, which are the subject of classification) are introduced. However, the issue of consistency of these records with real conditions, as well as the issue of permanent updating of this attribute and its usefulness for users of the data, remains for further discussions. The author concludes that in Poland the analysis of the discussed usefulness of registered cadastral data, as well as real possibilities of permanent updating of such data has not been performed. The discussed ranking, which places the most efficient cadastral systems among those systems, which register the minimum amount of data proves, that the issues of the scope of registered data are of key importance for efficient operations and timeliness of a given system. Additionally, all countries with the exception of Poland and North Rhine-Westphalia (data concerning the entire Germany were not accessible for the author), utilise unified software for the needs of maintaining the real estate cadastre. At the same time, the cadastral data bases are maintained at the central level as the centralised data bases (e.g. in Austria) or the data bases consist of several components, which logically create one data base (e.g. in Sweden), or they are separated, but centrally maintained data bases, in a way that a user perceives them as one data base (e.g. in the Netherlands).

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4. The list and comparison of the content of data sets on cadastral objects in Poland and in selected European Union countries included in the graphical part of the cadastre Below the list and comparison of the most important features of cadastral systems are presented, with reference to their information content included in the graphical part, being the component of the real estate cadastre. Content of cadastral map: DZ parcel boundaries BD out lines of buildings U type of land use KG soil classification PM details from physical management plans ST topographical details PG boundarys points NR, DZ, BD, U, PG NR, DZ, BD, PM, PG NR, DZ, BD NR, DZ, BD, ST Depending on the State (German Land) NR, DZ, BD, U, ST, PG DZ, BD, U, PM, ST NR, DZ, BD, U, KG, PG

Country

Uniform software at the country level

Austria Finland The Netherlands Lithuania Germany North RhineWestphalia Sweden Poland

Yes Yes Yes Yes Depending on the State (German Land) no (Standard of exchanging data established) Yes and no (Offices In commumens) no (Standard of exchanging data established)

Source: the authors own analysis

The list of the basic data, which are registered on cadastral maps also allows for create the ranking of countries with reference to the number of various details registered on cadastral maps; following the authors opinion it looks as follows:the Netherlands (the smallest number of details), Austria/Germany (some States), Poland, Lithuania, Finland/Sweden. Below a fragment of the Austrian cadastral map is presented; comparing to the Dutch map it contains symbols of the type of land use, which is additionally presented.

290

Source:the map BEV, descriptions made by the author

Below the example of the Lithuanian cadastral map is presented:

Source:Kasperavicius, 2007

Below the example of the Swedish cadastral map is presented for the urban area (the original scale of 1:1000) and for the rural area (the original scale of 1:10000).

291

Source: the map Lantmteriet, descriptions made by the author

Source: the map Lantmteriet, descriptions made by the author

Below the example of the Finnish cadastral map is presented.

292

Source: Uimonen, 2005

Looking at the above examples and the above list (Poland is not placed neither at the first nor at the last position) one could think that the Polish cadastral maps are a good product, attractive for the user (with reference to their equalised information content).However, the detailed analysis of maps in various countries proves the higher usefulness of maps in Sweden and in Finland, which have the richest content. This map content is enriched by elements connected with spatial planning and ranges of limited rights, restrictions etc.; from the users point of view it is the more valuable product than the simplified cadastral map in the Netherlands or in Austria. Such map is also more valuable product than the Polish cadastral map, which contains mostly invalid soil classification. It is reasonable to present the content of the cadastral maps in Sweden; it is not dependent on the scale and it considerably exceeds the information content of typical cadastral maps. The cadastral map in Sweden contains the following information (Karabin,2004): Boundaries of the administration division of the country, i.e. borders of the country, ln regions, municipalities, villages, city districts including names of those areas, Boundaries of real estates including real estate identifiers, Outlines of buildings, Topographic information (which are particularly visible on maps at smaller scales), such as roads with marked road categories, railway lines, important power supply lines, coastlines, points of interest, archaeological sites, monuments, etc., Information related with: - Limited material rights, assigned to a real estates, such as: usufruct, right to build underground installations within a real estate, right to fishing etc. (depending on the map scale and the type of rights they are presented as areas, lines, points, including corresponding identifiers), - Physical management, i.e. borders of particular physical management plans and legal regulations, including their identifiers, dates of resolution, which are the reference to the register of plans and regulations (among others, boundaries of general planss zones, detailed plans, data concerning the land division into particular parcels, building limitations, limitations of real estate division, resulting from various legal regulations), - Protection of the environment and the cultural heritage, including boundaries of areas, being natural reservations, landscape reservations, borders of polluted areas, areas hazarded by

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floods, restrictions concerning clearance of trees, mining of minerals, building limitations etc. (in total 29 various types of information). Similar approach to the information content of cadastral maps is applied in Finland. In Austria, the Netherlands, Sweden and in Lithuania all cadastral maps exist in digital form and, apart from few exceptions, they are maintained with the use of unified software. Centralised cadastral (graphical Integration with part) descriptive data base part of cadastre yes no Austria (41 local databases + replica at (separate solutions) the central level) yes yes Finland yes no (separate solutions) The but software interface Netherlands linking those separate databases yes yes Lithuania Depending on the State Depending on the State Germany (German Land) (German Land) no (54) no North RhineWestphalia no (separate solutions) yes + databases in some Sweden but software interface communes (finallyplanned as one central linking those separate databases database) Country Poland
Source: the authors own analysis

no (446)

yes/no

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5. Aspects of integration of data sets on cadastral objects in Poland and in selected European Union countries included in land register and cadastre The data base of the land The central data base of land The integrated cadastral register, separated from the register and land register data base data base of the cadastre no (integrated) yes yes yes yes no 160 no (integrated) no (integrated) depending on the State (German Land) yes no (integrated) yes 15 separated (the user perceives them as 1 logical) yes depending on the State (German Land) no yes finally yes yes (15 integrated) yes depending on the State (German Land) no yes no

Country Austria Finland The Netherlands Lithuania Germany North RhineWestphalia Sweden Poland

Source: the authors own analysis

As it turns out from the above table, in other countries than Poland, Germany and Finland, the land register data bases are not separated from cadastral databases. In such countries as Austria, the Netherlands, Lithuania and Sweden cadastral databases exists, in which cadastral data are integrated with legal data from land register. Many countries are following the development towards data centralisation at the national level. This trend may be also observed for the analysed countries. All analysed countries, with the exception for Poland and the North Rhine-Westphalia (Germany) maintain either central databases or replicated databasesat the central level. As it turns out from the above table, with the exception of Poland and the North Rhine-Westphalia, graphical cadastral data are stored either centrally (the Netherlands and the majority of Sweden), or those databases are replicated at the central level. Unfortunately, systems which were computerising the cadastre in those countries, were developed many years ago and then existing tools did not allow for integrated approach to the cadastre. Therefore, cadastral maps in those countries are maintained separately from the descriptive part. Sweden and the Netherlands utilised such software tools which allowed the user no to see that separation and, thus, connections between those databases exist. In Austria, those two databases are searched for separately, although similar software tools are applied.

160

An application interface used for daily synchronisation of data from the cadastral data base and the land register data base

295

Cadastral information Double registration flow and exchange of of the same data in data between land the cadastre and in register and cadastre land register One integrated database Austria no Data exchange every 24 Finland hours yes Integrated databases The no Netherlands Lithuania One integrated database no Germany depending on the State depending on the (German Land) State (German Land) North Rhine- Conventional + data yes Westphalia exchange interface in the case of computerised land registers 1 logical integrated Sweden database no conventional Poland yes Country
Source: the authors own analysis

The land register The land register and and cadastre uses cadastre update those the same data parts for which they are source responsible yes yes n/a no yes yes (one organisation) yes yes (one organisation) depending on the State (German depending on the State Land) (German Land) no n/a

yes no

yes n/a

As it turns out from the above table, with the exception of Poland (data concerning entire Germany were not available for the author), flow of cadastral information is either effectively performed (Finland), or it may be stated it is not required. Integrated databases contained both cadastral and land registers data (in Austria, the Netherlands and Sweden) eliminate the necessity to data exchange and synchronisation. Data specified in this database are simply updated by responsible institutions. 6. Conclusions

The author compared data sets concerning cadastralobjects in Poland and in selected European Union countries.The author attempted to create the ranking of cadastral system, with respect to the number of data items registered in particular subsystems. Following the authors opinion, the number of registered data is partially reflected in the system efficiency and it directly influence the system timelines. Considering the complete set of cadastral information, it is difficult to create the discussed ranking. Below conclusions are presented, which result from the analysis of cadastral data sets in analysed countries. They are as follows: subjects to be registered in the cadastre and land register should be coherent and remain in 1:1 relation (the Netherlands, Lithuania, Sweden), i.e. cadastre and land register should operate basing on an individual cadastral parcel, what simplifies the data integration, remaining cadastral subjects (buildings and premises) should not be registered in the cadastre, but only in the land register (Lithuania) and depending on economic demands/demands for data in external registers (Austria, Finland), which would not impose additional tasks on those organisations, which maintain cadastre, with reference to particular cadastral subjects, especially those which great numbers exist in a given system (cadastral parcels), the analysis of usefulness of registered data should be performed (e.g. soil classification in Poland, EMZ crop index in Austria) and the possibility to keep them updated in the cadastre should be also reviewed, with reference to cadastral maps, the analysis of usefulness of registered data should be also performed (such assoil classification in Poland) together with the possibility to keep them updated in the cadastre,

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 enriched information content of cadastral maps which often exists in other countries (Lithuania, Hamburg) results from the lack a corresponding item of our polish basic map, existing in those countries, what refers to cadastral maps in Poland, the author suggests to resign from presentation of soil classification on maps and to leave the type of land use information only, which could (all groups and all types of land use) be specified by a surveyor dealing with cadastral survey works; therefore the author proposes the elimination of this information group from the descriptive part of the cadastre. The general conclusion results from the performed analysis. The usefulness of particular cadastral data in Poland and in other countries, as well as the levels of timeliness of those data should be analysed and specified in details. It should be also specified, how the tasks which utilise the data of the lowest timeliness level in Poland are performed in cadastral systems in other countries. The objective would be to introduce changes of particular administration procedures to eliminate those data from the cadastre; this would result in increasing the timeliness and therefore, the reliability of the cadastre.

References
1. KarabinMarcin, 2005: A concept of the model approach to the cadastral system in Poland, basing on selected solutions existing in the European Union countries, Ph.D. thesis, The Institute of Applied Geodesy, Warsaw University of Technology, Warsaw, October 14, 2005, Supervisor: Prof. WojciechWilkowski, KarabinMarcin, 2004: Cadastral System in Sweden, Geodetic Review No 6/2004 and 7/2004, Rozporzdzenie Ministra Rozwoju Regionalnego i Budownictwa z dnia 29 marca 2001r. w sprawie ewidencji gruntw i budynkw, The decree of the Minister of Regional Development and Building Industry of March 29, 2001 on cadaster (Dz. U. z 2001r. Nr 38 poz. 454), EULIS, 2003a: D.4.2Finland - description of register systems EULIS, 2003b: D4.2. Lithuania Case: Description of Real Property Registration System KasperaviciusRomualdas, 2007: Integrated Land Infromation Service in Lithuania Expert Meeting on Good Governance in Land Tenure and Administration, 26 - 28 September, 2007 Dublin, Uimonen Mikko,2005: Country Report 2005 Finland (available at www.cadastraltemplate.org), Hawerk Winfried, 1995:Grundbuch and Cadastral system in Germany, Austria and Switzerland, FIG Seminar Modern Cadastres and Cadastral Innovations, Delft, The Netherlands,1995,

2. 3. 4. 5. 6. 7. 8.

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