An Act to consolidate enactments relating to Survey Marks, official landmarks, and beacons.
1 Name of Act
This Act may be cited as the Survey Marks Act 1902.
2 Repeal
The Act sixteenth Victoria number fifteen is hereby repealed.
3 Private surveyors and other persons not to use official survey marks
(1) In the conduct of official surveys made by the direction or under the authority of the Government, the distinguishing mark to be used by the surveyors appointed or licensed by the Government to conduct the same shall be in the form of a broad-arrow, which mark shall not be used by private surveyors or other persons not authorised in that behalf by the Government.(2) Every person who makes or uses such mark in marking any boundary or so as to appear to indicate a boundary of any land, except in the conduct of an authorised official survey, shall, for every such offence, be liable to a penalty not exceeding 0.5 penalty unit.s 3: Am 1992 No 112, Sch 1.
4 Penalty for unauthorised defacement or destruction of survey marks, landmarks or beacons
(1) If any person wilfully obliterates, removes, or defaces any such survey mark as aforesaid, or any landmark or beacon which has been erected by or under the direction of an officer of the Survey Department, or by a surveyor licensed by the Government, such person shall for every such offence be liable to a penalty not exceeding 0.5 penalty unit.(2) Nothing herein contained shall render the owner or occupier of any land liable to any penalty for the removal of any tree thereon upon which any such mark has been made which the owner or occupier may desire to remove in fencing, clearing, or otherwise improving such land.s 4: Am 1992 No 112, Sch 1.
5 Recovery of penalties
Penalties under this Act may be sued for and recovered summarily before a Local Court by any person authorised in that behalf by His Majesty’s Attorney-General.s 5: Am 1999 No 31, Sch 4.95.