On Geodetic and Cartographic Activities

LAW OF GEORGIA

ON GEODETIC AND CARTOGRAPHIC ACTIVITIES

This Law regulates legal relations between public authorities and natural and legal persons engaged in the areas of geodetic and cartographic activities (irrespective of their organisational and legal forms). It is intended to meet the requirements of the State, and natural and legal persons, with regard to geodetic data and cartographic products, as well as to ensure interaction between the relevant agencies of the executive authorities of Georgia in the area of geodetic and cartographic activities.

 Chapter I - General Provisions

Article 1 - Definition of terms

Definition of terms used herein:

a) geodesy - an area of the relations of scientific, technical and production activities arising in the process of the determination of the shapes, sizes, gravitational fields, and coordinates of points on the surface of the Earth and during their alteration in time;

b) cartography - an area of the relations of scientific, technical and production activities arising in the process of exploring, producing and using cartographic products, and the main part of which is a cartographic image;

c) geodetic and cartographic activities - scientific, technical, production and managerial activities in the areas of geodesy and cartography;

d) geodetic and cartographic works - a process of the creation of geodetic and cartographic products, and materials and data;

e) the State Geodetic and Cartographic Fund of Georgia - a collection of materials and data created as a result of geodetic and cartographic activities, including coordinates of geodetic points and elevations which are intended for the long-term storage for their further use;

f) geodetic points - points positioned with the help of a special structural device in order to keep them positioned for a long period on the surface of the Earth, which contain information on the coordinates, elevations and gravimetric data and the location of which are defined in the unified systems of the calculation of coordinates and elevations defined by the Ordinance of the Government of Georgia on State Geodetic Coordinates System in Georgia;

g) remote sensing - a method of retrieving data on the processes that take place on the surface of the Earth and on geographical features located thereon with the help of a spectral image and from a specified distance;

h) geographic information systems (GIS) - a system about geographical space which involves the collection, storage, verification, analysis, generalisation, and interpretation of data, and which is displayed using spatial properties. It is represented by databases which are connected to spatial properties in appropriate software;

i) a unified state system of scale order - an established sequence of scales of topographic maps;

j) materials subject to alienation - geodetic materials and cartographic data preserved in the State Geodetic and Cartographic Fund of Georgia, which do not contain secret information and are subject to alienation, namely: thematic maps of various scales of topographic, general geographical, political and administrative, educational, reference and of other inter-sectorial designation, as well as materials of aerospace survey and aerial photography plans, and coordinates of geodetic points and benchmark elevations;

k) objects of terrain- all objects of natural (except for relief) and artificial origin located on the surface of the Earth.

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Law of Georgia No 3886 of 7 December 2010 – LHG I, No 72, 22.12.2010, Art. 431

Law of Georgia No 1278 of 20 September 2013 - website, 8.10.2013

Article 2 - Legal regulation of geodetic and cartographic activities

1. Legal regulation of geodetic and cartographic activities is carried out in accordance with the Constitution of Georgia, this Law and other normative acts.

2. Relations originating in the course of geodetic and cartographic activities, and related personal property and non-property relations shall be regulated by the civil legislation of Georgia.

3. If the treaties and international agreements of Georgia provide for procedures other than those provided for in this Law, the procedures provided for by the treaties and international agreements shall apply.

Article 3 -Geodetic and cartographic activities

1. Geodetic and cartographic activities include:

a) global state purpose geodetic and cartographic works the results of which have global state or inter-sectorial importance;

b) special purpose (sectorial) geodetic and cartographic works the importance of which is determined by the requirements of appropriate authorities.

2. Global state purpose geodetic and cartographic works involve:

a) determining the shape and size of the Earth and exploring external gravitational fields for these purposes;

b) creating, updating and publishing state topographic maps and plans in graphical (paper based), digital and other forms;

c) creating, developing and maintaining the state geodetic station network in working conditions ;

d) remote sensing of the Earth for the purposes of ensuring geodetic and cartographic activities;

e) aerial surveys and space surveys;

f) (deleted);

g) establishing and managing state-purpose geodetic and cartographic funds;

h) creating and managing geographic information systems in the areas of geodesy and cartography;

i) planning, compiling and publishing general geographic, political and administrative, educational and reference, and other inter-sectorial thematic maps and atlases;

j) topographic, geodetic and cartographic works to be carried out in order to provide the sectors of the national economy of Georgia, and the areas of defence and security, and scientific and education systems, and natural and legal persons, with geodetic data and cartographic products;

k) providing geodetic and cartographic data and materials, in order to identify the accuracy of the delimitation and demarcation of the state boundaries of Georgia, and in order to establish state boundary lines, as well as to delimit the maritime space of Georgia;

l) mapping of the continental shelf of Georgia, the territories of foreign states, and the oceans and seas of the world , including compiling topographic and nautical maps in accordance with procedures established in accordance with the standards of international law;

m) geodetic works to be carried out in order to ensure global naval security;

n) metrological assurance of topographic, geodetic and cartographic works;

o) accurate indication of the names of geographical objects on cartographic products;

p) carrying out scientific and research, and research and development works, and providing geodetic and cartographic equipment in the areas defined by paragraph 2 of this article.

3. Special (sectorial) purpose geodetic and cartographic works include:

a) compiling and updating topographic maps which are necessary for drawing up master plans of different construction sites, for attaching underground networks and buildings and structures to construction sites, as well as for carrying out other special works;

b) creating and managing special (sectorial) geographic information systems;

c) compiling and publishing special (sectorial) purpose thematic maps, plans, and scientific and reference atlases in graphical, digital and other forms;

d) carrying out topographic and geodetic works for the exploitation of buildings and constructions, and for engineering surveys, and for marking the boundaries of lands, and for maintaining the land cadastre and for other works of a special nature;

e) carrying out scientific and research, and research and development, works in the areas listed in paragraph 3 of this article.

Law of Georgia No 3154 of 5 December 2003 – LHG I, No 32, 22.12.2003, Article 238

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Law of Georgia No 3886 of 7 December 2010 – LHG I, No 72, 22.12.2010, Art. 431

Article 4 - (Deleted)

Law of Georgia No 3886 of 7 December 2010 – LHG I, No 72, 22.12.2010, Art. 431

Chapter II - Implementation and Regulation of Geodetic and Cartographic Activities

Article 5 - Scope of authority of the state authorities, organisations and institutions of Georgia in the area of geodetic and cartographic activities

1. As provided for in the Constitution of Georgia, geodesy and cartography fall under the exclusive control of the highest state authorities of Georgia.

2. The scope of authority of the Government of Georgia involves:

a) the development and implementation of state policy in the area of geodetic and cartographic activities;

b) the coordination of geodetic and cartographic activities in the territory of the country for the implementation of the unified technical policy;

c) the coordination of international programmes and projects in Georgia in the area of geodetic and cartographic activities;

d) the determination of the unified state system of coordinates and elevations, gravimetric measurements, and state topographic maps and plans as well as the scale order;

e) other scopes of authority defined by the legislation of Georgia.

3. The Ministry of Justice of Georgia shall carry out activities in the area of geodetic and cartographic activities through a legal entity under public law called the National Agency of Public Registry.

4. The scopes of authority of the other state authorities, organisations and institutions of Georgia in the area of geodetic and cartographic activities shall be defined by the legislation of Georgia.

Law of Georgia No 3154 of 5 December 2003 – LHG I, No 32, 22.12.2003, Article 238

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Law of Georgia No 3886 of 7 December 2010 – LHG I, No 72, 22.12.2010, Art. 431

Article 6 - (Deleted)

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Article 7 - Metrological assurance of geodetic and cartographic activities

Standardisation, and metrological and certification works in the area of geodetic and cartographic activities shall be carried out in accordance with the legislation of Georgia.

Law of Georgia No 3154 of 5 December 2003 – LHG I, No 32, 22.12.2003, Article 238

Article 8 - Funding of geodetic and cartographic activities

1. Geodetic and cartographic activities commissioned by the State shall be financed from the state budget of Georgia.

2. Special (sectorial) and local purpose geodetic and cartographic works which are carried out on the basis of the decisions of the Autonomous Republics of Abkhazia and Adjara, or other territorial units or local self-government bodies, shall be financed from appropriate budgets.

3. Geodetic and cartographic works to be carried out for other purposes shall be financed by such natural or legal persons, who are the clients purchasing the services related to cartographic and topographic products.

4. (Deleted).

5. (Deleted).

Law of Georgia No 3154 of 5 December 2003 – LHG I, No 32, 22.12.2003, Article 238

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Law of Georgia No 3886 of 7 December 2010 – LHG I, No 72, 22.12.2010, Art. 431

Article 9 - The State Geodetic and Cartographic Fund of Georgia

1. The materials and data of the State Geodetic and Cartographic Fund of Georgia are created as a result of performed geodetic, cartographic, topographic, gravimetric, aerial and space surveys, and they are stored in the Ministry of Justice of Georgia.

2. The State Geodetic and Cartographic Fund of Georgia is part of the National Archives Fund of Georgia.

3. The State Geodetic and Cartographic Fund of Georgia includes the Geodetic and Cartographic Funds of the Autonomous Republics of Abkhazia and Adjara, and of other territorial units.

4. The Geodetic and Cartographic Funds of the Autonomous Republics of Abkhazia and Adjara, and other territorial units, contain state and inter-sectorial materials and data indicated in paragraph 1 of this article, which shall be administered by the Ministry of Justice of Georgia.

5. The Geodetic and Cartographic Fund existing in the area of state defence shall be administered by the Ministry of Defence of Georgia.

6. Departmental (sectorial) geodetic and cartographic funds contain only special (sectorial) materials and data which shall be administered by an appropriate state department.

7. Instructions on Geodetic and Cartographic Activities shall be approved by a joint normative act of the Minister of Justice of Georgia and the Minister of Defence of Georgia.

8. Materials and data of the Geodetic and Cartographic Fund containing state secrets may be used in accordance with the Law of Georgia on State Secrets.

9. Authorities defined by the Law of Georgia on Public Procurement being contracted to purchase topographic, geodetic, cartographic and aerial surveys, are obliged to transfer to the Ministry of Justice of Georgia for free such multi-use products that have been created as a result of performed works, namely: aerofilms (original), and a copy of each geodetic data, cartographic materials and orthophotomaps (hard copy and/or digital form). Moreover, if the persons creating such products enjoy copyright, such copyright shall be preserved for them.

10. (Deleted).

11. Copies of geodetic data and cartographic materials stored in the State Geodetic and Cartographic Fund of Georgia shall be transferred with their copyright to the Ministry of Defence of Georgia and the Ministry of Internal Affairs of Georgia, and to the State Security Service of Georgia, as well as to other state departments upon written request, and expenses incurred in making such copies shall be met by the appropriate state department.

Law of Georgia No 3154 of 5 December 2003 – LHG I, No 32, 22.12.2003, Article 238

Law of Georgia No 873 of 29 December 2004 – LHG I, No 6, 19.1.2005, Article 34

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Law of Georgia No 1927 of 3 November 2009 - LHG I, No 35, 19.11.2009, Art. 237

Law of Georgia No 3886 of 7 December 2010 – LHG I, No 72, 22.12.2010, Art. 431

Law of Georgia No 3923 of 8 July 2015 – website, 15.7.2015

Article 10 - (Deleted)

Law of Georgia No 3154 of 5 December 2003 – LHG I, No 32, 22.12.2003, Article 238

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Law of Georgia No 3886 of 7 December 2010 – LHG I, No 72, 22.12.2010, Art. 431

Article 10¹ (Deleted)

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Law of Georgia No 200 of 15 July 2008 - LHG I, No 17, 28.7.2008, Art. 124

Article 11 -State ownership of geodetic data and cartographic materials

Geodetic data and cartographic materials the compilation of which has been financed from the state budget (including during the existence of the USSR), including geodetic, cartographic, topographic, aerial- and space surveys and gravimetric data compiled as a result of carrying out geodetic and cartographic activities, are the property of the State .

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Article 12 - (Deleted)

Law of Georgia No 2009 of 28 May 1999 - LHG I, No 20(27), 09.6.1999, Art. 85

Law of Georgia No 2257 of 8 May 2003 – LHG I, No 13, 2.6.2003, Article 80

Law of Georgia No 3160 of 25 May 2006 – LHG I, No 19, 1.6.2006, Article 149

Article 13 - (Deleted)

Law of Georgia No 2009 of 28 May 1999 - LHG I, No 20(27), 9.6.1999, Art. 85

Law of Georgia No 2257 of 8 May 2003 – LHG I, No 13, 2.6.2003, Article 80

Law of Georgia No 3160 of 25 May 2006 – LHG I, No 19, 1.6.2006, Article 149

 Article 13¹ - (Deleted)

Law of Georgia No 2257 of 8 May 2003 – LHG I, No 13, 2.6.2003, Article 80

Law of Georgia No 3160 of 25 May 2006 – LHG I, No 19, 1.6.2006, Article 149

Article 14 - (Deleted)

Law of Georgia No 3154 of 5 December 2003 – LHG I, No 32, 22.12.2003, Article 238

Law of Georgia No 3160 of 25 May 2006 – LHG I, No 19, 1.6.2006, Article 149

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Article 15 - Geodetic and cartographic activities carried out for the purposes of defence and security

1. In the areas of defence and security geodetic and cartographic activities shall be carried out by the relevant ministries.

2. In the course of carrying out geodetic and cartographic activities in the areas of defence and security, the interaction between the Ministry of Defence of Georgia and the Ministry of Justice of Georgia shall be defined by the Statute on the Interaction between the Ministry of Justice of Georgia and the Ministry of Defence of Georgia in the Area of Geodetic and Cartographic Activities, which shall be approved by heads of such institutions.

3. The Topographic Division of the General Staff of the Ministry of Defence of Georgia shall exercise control over the aerial and satellite surveys performed by state structures and entities of private law in the territories of Georgia, and for this purpose a copy of surveyed materials shall be transferred to the aforesaid Division for free.

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Law of Georgia No 3886 of 7 December 2010 – LHG I, No 72, 22.12.2010, Art. 431

Article 16 - (Deleted)

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Article 17 -Protection of state geodetic points

1. Astronomical, geodetic, levelling and gravimetric stations, and above-ground marks and underground centres of such stations, including those located on lighthouses, navigation marks and other engineering structures, the construction of which are financed from the state budget, are the property of the State and shall be protected by the State.

 2. (Deleted).

3. Owners, holders and users of land plots, on whose land plots geodetic points are located, are obliged to provide the entities carrying out geodetic works with access to geodetic points by transport means or on foot.

4. The allocation of land plots for the purposes of positioning geodetic points shall be carried out in a manner prescribed by legislation.

5. The protection zone of geodetic points are land plots with a radius of three metres from the centres of those points.

6. Carrying out works which may negatively affect the preservation of such points shall be restricted within the protection zones of geodetic points.

7. The protection of geodetic points is carried out in accordance with the Ordinance of the Government of Georgia on the Protection of State Geodetic Points.

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Law of Georgia No 3886 of 7 December 2010 – LHG I, No 72, 22.12.2010, Art. 431

Law of Georgia No 1278 of 20 September 2013 - website, 8.10.2013

Article 18 - Liability for violation of the legislation of Georgia in the area of geodetic and cartographic activities

Violation of legislation in the area of geodetic and cartographic activities shall entail liability as provided for in the legislation of Georgia.

Article 19 - Compensation for damage incurred as a result of geodetic and cartographic activities

Damage to the property of a natural or legal person inflicted in the course of geodetic and cartographic activities shall be compensated in the manner prescribed by law.

Chapter III - International Relations in the Area of Geodetic and Cartographic Activities

Article 20 -Carrying out geodetic and cartographic works by natural and legal persons of foreign states

Natural and legal persons of foreign states are granted the right to carry out geodetic and cartographic activities in accordance with treaties and international agreements, and on the basis of contracts, unless otherwise determined by the legislation of Georgia.

Chapter IV Transitional Provisions

Article 21 - Normative acts to be adopted in relation to the entry into force of this Law

1. The following normative acts shall be adopted (issued) before 1 January 2008:

a) (deleted);

b) Ordinance of Government of Georgia on the Approval of the Statute of the State Geodetic and Cartographic Fund of Georgia;

c) Joint Order of the Minister of Environment and Natural Resources Protection of Georgia and the Minister of Defence of Georgia on the approval of the Statute on Interaction between the Ministry of Environment and Natural Resources Protection of Georgia and the Ministry of Defence of Georgia in the Area of Geodesy and Cartography;

d) Order of the Minister of Environment and Natural Resources Protection of Georgia on the Approval of Rules for Dividing State Topographic Maps (Plans) into Sheets and their Marking.

 2. (Deleted).

 3. (Deleted).

Law of Georgia No 2257 of 8 May 2003 – LHG I, No 13, 2.6.2003, Article 80

Law of Georgia No 3154 of 5December 2003 – LHG I, No 32, 22.12.2003, Article 238

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Law of Georgia No 200 of 15 July 2008 - LHG I, No 17, 28.7.2008, Art. 124

Law of Georgia No 3886 of 7 December 2010 – LHG I, No 72, 22.12.2010, Art. 431

Chapter V - Final Provisions

Article 22 - Entry into force of this Law

1. This Law shall enter into force upon its promulgation.

 2. (Deleted).

Law of Georgia No 4685 of 27 April 2007 – LHG I, No 16, 7.5.2007, Article 127

Law of Georgia No 200 of 15 July 2008 - LHG I, No 17, 28.7.2008, Art. 124

Law of Georgia No 3886 of 7 December 2010 – LHG I, No 72, 22.12.2010, Art. 431

President of Georgia                                                                                                                                           Eduard Shevardnadze

Tbilisi

 28 April 1998

No 1345- IIS