Final north east nsw rfa



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ATTACHMENT 13
(clause 106)

DATA AGREEMENT


Purpose

  1. This Data Agreement between the Commonwealth and New South Wales relates to the Data collected, developed for, and used in, the development, implementation and monitoring of the Regional Forest Agreements for New South Wales.

  2. This Data Agreement specifies access, ownership, custodianship, updating and archiving arrangements for the Data for all four RFA regions within New South Wales.

  3. Separate Schedules will be added to the Data Agreement following completion of each RFA. These Schedules, which address the Data specific to each RFA region, and which will be completed on the dates specified in clause 4.6, are as follows:

  • Eden Region (Schedule 1);

  • Upper North East Region (Schedule 2);

  • Lower North East Region (Schedule 3), and

  • Southern Region (Schedule 4).

Schedules will identify the name, custodian, ownership and access including for reports and software.



1. Definitions and Interpretation

  1. Unless otherwise stated to the contrary, the definitions contained in the Agreement will also apply to this Data Agreement.

  2. A reference to a clause means a clause of this Data Agreement, unless specified to the contrary.

  3. The following additional definitions will apply to this Data Agreement:

Access Category:

means a category of access for an item of Data as indicated in a Schedule. The Access Categories are Restricted Data, Licensed Data and Unrestricted Data.

Archived Data:

means all Data used to develop the Agreement, and which must be archived in accordance with clause 4.

Assessment Data:

means all Comprehensive Regional Assessment and integration project outputs and products including reports, required to complete the NSW Regional Forest Agreements (as determined by the Joint Steering Committee).

Custodian:

means a custodian of Data, or component of that Data, is an individual or organisation having the responsibility to ensure that the Data is collected, maintained and distributed according to this Data Agreement.

Data:

means all Source Data, Derived Data, Assessment Data, and models listed in the Schedules, .

Data Agreement

means these clauses 1-9 (inclusive) and all Schedules.

Data Archive:

means a secure repository for Archived Data which meets the standards required by clause 4.

Derived Data:

includes Data which is obtained by analysis, modelling, aggregation or other complex manipulation of Data. A derived Data set can have either Source Data or other derived Data sets as inputs to its creation.

Existing Data:

means Data and/or Data sets that existed in either Commonwealth agencies or NSW State agencies prior to commencement of Comprehensive Regional Assessments or integration projects.

Jointly Owned Data:

means Data jointly funded by the Parties to inform the development of or implementation of these RFAs and identified as jointly owned in the Schedules.

Licence:

means a document which authorises the use of Data or a number of Data sets for specified purposes, and specifies any restrictions on the use of Data.

Licensed Data:

means Data designated in a Schedule as Licensed.

Metadata:

means information about Data or Data sets including descriptions or specifications of Source Data or derived information. Metadata are to be recorded in a standard format or as agreed documentation.

New Data:

Data that has been created after the signing of an RFA.

Owner:

the individual(s), organisation(s) or jurisdiction(s) that holds the intellectual property rights over a particular set of information or Data.

Unrestricted Data:

means Data designated in a Schedule as being Unrestricted.

Restricted Data:

means Data which is considered sensitive by an Owner and which is designated in a Schedule as being Restricted. Restricted Data includes any Data to which confidentiality and limitation on use conditions apply.

RFA Purpose:

includes purposes relating to updating, implementation, review, monitoring or reporting of RFAs and includes provision of advice to government Ministers in relation to RFAs, and fulfilling statutory requirements with respect to RFAs.

Schedule:

means a Schedule to this Data Agreement as amended from time to time.

Singly Owned Data:

means Data which is identified as being singly owned in the Schedules to the Data Agreement and includes Data where the RFA process has funded only the enhancement of, or minor additions to, Existing Data.

Source Data:

means Data which is not obtainable from other Data or derivable by combining other Data sets.

Third Party Data:

means Data owned by a third party that was used for RFA Purposes and is identified in the Schedules to the Data Agreement as Third Party Data.




  1. Schedules

The Parties agree that each Schedule, in respect of each item of Data listed there, includes:

(10) the title of the Data and/or identifier for the Data;

(20) the Owner;

(30) the Custodian;

(40) the Access Category; and

(50) the Ownership Type;




  1. Ownership Types

  1. Jointly Owned Data

2.1.1 Subject to this clause 2.1 and clause 3, and where confidentiality provisions do not apply, Jointly Owned Data may be used by either Party for any purpose.

2.1.2 Where confidentiality obligations limit access to or use of Jointly Owned Data, Parties must comply with those confidentiality obligations. Any Data subject to confidentiality obligations must be clearly identified as Restricted in the Schedules.

2.1.3 Custodianship of, and access to, Jointly Owned Data shall be as described in clause 3.


  1. Singly Owned Data

2.2.1 The Parties agree that subject to this clause 2.2 and clause 3, Singly Owned Data identified in the Schedule can be used for RFA Purposes by either Party subject to any confidentiality or use provisions that limits its usage beyond that specifically agreed. Such Data will only be used in a manner that respects all rights of ownership, confidentiality and copyright of the Data Owner and Licence conditions. Use of Singly Owned Data for other purposes requires the prior written permission of the Owner.

2.2.2 Where confidentiality obligations or limitations on use are imposed, a Party who is not the Owner may only use Singly Owned Data for purposes other than RFA Purposes under Licence

2.2.3 Access to Singly Owned Data by third parties will generally be through arrangement with the Data Custodian except as provided for in the Data Agreement and Schedules. Parties to this Data Agreement that are not the Owner will not provide Singly Owned Data to a third party without the prior permission of the Owner.

2.2.4 The Custodian of Singly Owned Data will be responsible for providing access to such Data in accordance with its Access Category identified in the Schedules to the Data Agreement and described in clause 3 of this Data Agreement.

2.2.5 Access arrangements imposed by an Owner shall apply to Existing Data unless otherwise agreed by the Parties.

2.3 Third Party Data

Third Party Data will be used in accordance with any Licence arrangements agreed with the Owner.



3. Access Arrangements

a) Subject to clause 2, all Data identified in the Schedules may be used by Parties (including the Governments' officers, employees, agents contractors, sub-contractors or consultants) for RFA Purposes consistent with the access provisions which apply to the Data's Access Category relevant to the access category as outlined below.



  1. Where confidentiality or limitations on use apply in respect of Singly Owned Data and Jointly Owned Data, such Data must only be used in accordance with the relevant Licence conditions.

  2. Access to Third Party Data will only be possible where explicitly permitted under the terms of a Licence agreement with the Owner.

d) There are three categories that have been agreed for access to Data by Parties:

i) Restricted

ii) Licensed


  1. Unrestricted

3.1 Restricted Data

Restricted Data is Data which is considered sensitive by a Data Owner and is available to the other Party or third parties only by agreement of the Owner on a case-by-case basis. This includes Data for which confidentiality and use provisions apply.



    1. Licensed Data

3.2.1 Licensed Data may be provided to third parties by means of a Licence with the relevant Data Custodian.

3.2.2 Licensed Data may be used by third parties as agreed on a case by case basis subject to the conditions of the Licence.


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