Part 1 Preliminary
1 Name of Regulation
This Regulation is the Surveying Regulation 2001.cll 1: Subst 25.6.2003.
2 Commencement
This Regulation commences on 1 September 2001.Note—This Regulation replaces the Surveyors (Practice) Regulation 1996 which is repealed on 1 September 2001 under section 10 (2) of the Subordinate Legislation Act 1989.
3 Application of Regulation
(1) This Regulation applies to all land surveys, and to all surveys referred to in section 4 or 5 of the Act, but does not apply to any mining surveys except to the extent to which the other provisions of this Regulation expressly provide and to the extent provided by an order in force under clause 3A.(2) This Regulation applies to the registration of both land surveyors and mining surveyors.cll 3: Subst 25.6.2003.
3A Mining surveys
(1) The Surveyor-General may, by order published in the Gazette, give directions with respect to the conduct of mining surveys.(2) Such an order may only be made on the recommendation of the Board.(3) The document entitled Survey and Drafting Directions for Mine Surveyors, published in March 2000 by the Department of Mineral Resources, is taken to be an order under this clause with respect to mining surveys carried out for the purposes of the Coal Mines Regulation Act 1982, and may be amended and repealed accordingly.(4) The document entitled Survey and Drafting Directions for Mining Surveyors, published in December 2001 by the Department of Mineral Resources, is taken to be an order under this clause with respect to mining surveys carried out for the purposes of the Mines Inspection Act 1901, and may be amended and repealed accordingly.cl 3A: Ins 25.6.2003.
4 Interpretation
(1) In this Regulation:AHD means Australian Height Datum, as defined in section 3 (1) of the Act.appropriate accuracy means such accuracy as is reasonably practicable to attain in any particular survey.approved means approved by the Surveyor-General.Board examination means an examination (whether oral or written, or both oral and written) approved by the Board for the purposes of this definition, as set out in a formal Board determination.boundary mark means a mark of the kind referred to in Schedule 2.continuing professional development requirements means professional development requirements approved by the Board for the purposes of this definition, as set out in a formal Board determination.established permanent survey mark means a survey mark the horizontal position of which is determined to be Class C or better as specified in Standards & Practices for Control Surveys and that is identified in the register of public surveys, in such manner as the Surveyor-General may determine, as being an established permanent survey mark.formal Board determination means a determination that has been made and published by the Board under clause 4C.level or undulating terrain means terrain with slopes that are generally 10 degrees or less.lockspit means a mark described as a lockspit in Schedule 2.MGA means Map Grid of Australia, that is, a rectangular co-ordinate system using a Transverse Mercator projection with zones 6 degrees wide and based on the Geocentric Datum of Australia.monument means a natural or artificial object, or a point on it, or a mark, used for the purpose of locating or relocating a boundary or a point in a survey.ppm means parts per million.recognised practical experience, in relation to an applicant for registration as a surveyor, means experience in which:(a) the applicant has been employed as a full-time surveyor’s assistant, whether in New South Wales or elsewhere, for one or more periods totalling at least 2 years (in the case of an application for registration as a land surveyor), or at least 3 years (in the case of registration as a mining surveyor), during the 5 year period immediately preceding the application, and(b) while so employed, the applicant has obtained practical experience for a continuous period of one year or more in:(i) all aspects of the conduct of land surveys, oras the case requires.(ii) all aspects of the conduct of mining surveys,recognised professional training agreement means a training agreement approved by the Board for the purposes of this definition, as set out in a formal Board determination.recognised qualification means any qualification that the Board recognises to be an appropriate qualification for the purposes of this definition, as set out in a formal Board determination.reference mark means permanent survey mark or a mark of the kind referred to in Schedule 3.road includes any road, street, laneway, pathway or parcel of land used for access in a community scheme, either existing or being created by the subject survey.rural survey means a land survey that is not an urban survey.Standards & Practices for Control Surveys means the publication entitled Standards & Practices for Control Surveys (SP1) published by the Inter-Governmental Committee on Surveying and Mapping, as that publication is amended from time to time.steep or mountainous terrain means terrain with slopes that are generally greater than 10 degrees.student of surveying means a person who is enrolled in a course of studies that leads to a recognised qualification.survey drafter means a person who has such abilities and experience as the Board considers appropriate to qualify the person to be a survey drafter, as set out in a formal Board determination.surveyor’s assistant means a person who has such abilities and experience as the Board considers appropriate to qualify the person to be a surveyor’s assistant, as set out in a formal Board determination.the Act means the Surveying Act 2002.urban survey means a land survey of land:(a) that is within a zone identified in an environmental planning instrument, within the meaning of the Environmental Planning and Assessment Act 1979, as being residential, rural residential, commercial or industrial, or(b) on which development for residential, rural residential, commercial or industrial purposes is permitted by or under that Act to be carried out.(2) In this Regulation a reference to a Form is a reference to a Form set out in Schedule 1.(3) The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.cl 4: Am 25.6.2003.
Part 1A Administration
pt 1A: Ins 25.6.2003.
Division 1 Constitution of Board
pt 1A, div 1: Ins 25.6.2003.
4A Constitution of Board: section 27
(1) The Institution of Surveyors NSW Incorporated is prescribed as the professional association of land surveyors to nominate persons for appointment to the Board under section 27 (2) (c) of the Act.(2) AIMS—Australian Institute of Mine Surveyors Limited is prescribed as the professional association of mining surveyors to nominate persons for appointment to the Board under section 27 (2) (d) of the Act.(3) (Repealed)cl 4A: Ins 25.6.2003. Am 2005 No 53, Sch 2 [1].
4B Committees
(1) This clause applies to any committee established under section 30 of the Act.(2) A committee must have at least 3 members.(3) The chairperson and deputy chairperson of a committee are to be nominated by the Board, and may (but need not) be members of the Board.(4) Committee meetings are to be held at the times and places determined by the chairperson of the committee.(5) The procedures for convening committee meetings and for the conduct of business at committee meetings are to be determined by the chairperson of the committee.(6) At a committee meeting, a majority of the committee members constitutes a quorum.(7) The chairperson of a committee (or, in the absence of the chairperson, the deputy chairperson of the committee) is to preside at committee meetings.(8) A decision supported by a majority of the votes cast at a committee meeting at which a quorum is present constitutes a decision of the committee.(9) In the event of an equality of votes, the chairperson of the committee has a second, or casting, vote.(10) The chairperson of a committee is to report all decisions of the committee to the next Board meeting.cl 4B: Ins 25.6.2003.
Division 2 Formal Board determinations
pt 1A, divs 2–4 (cll 4C–4L): Ins 25.6.2003.
4C Formal Board determinations
(1) The Board may, by resolution, make the following kinds of determination:(a) a determination approving an examination for the purposes of the definition of Board examination in clause 4 (1),(b) a determination approving requirements for the purposes of the definition of continuing professional development requirements in clause 4 (1),(c) a determination approving a training agreement for the purposes of the definition of recognised professional training agreement in clause 4 (1),(d) a determination recognising a qualification for the purposes of the definition of recognised qualification in clause 4 (1),(e) a determination recognising abilities and experience (whether for a person or a class of persons) for the purposes of the definition of survey drafter in clause 4 (1),(f) a determination recognising abilities and experience (whether for a person or a class of persons) for the purposes of the definition of surveyor’s assistant in clause 4 (1).(2) The Board is to ensure that copies of each determination made under this clause are published on its internet site and made available for inspection at each of its offices.pt 1A, divs 2–4 (cll 4C–4L): Ins 25.6.2003.
Division 3 Registration of surveyors
pt 1A, divs 2–4 (cll 4C–4L): Ins 25.6.2003.
4D Qualifications for registration
A person is eligible to be registered as a surveyor if the person:(a) holds a recognised qualification, and(b) has recognised practical experience, and(c) has either passed the Board’s examination or fulfilled the requirements of a recognised professional training agreement, and(d) is of good character.pt 1A, divs 2–4 (cll 4C–4L): Ins 25.6.2003.
4E Board examinations
Board examinations are to be conducted at such times and places as the Board may determine.pt 1A, divs 2–4 (cll 4C–4L): Ins 25.6.2003.
4F Provision of further information and supporting evidence
Without limiting section 43 (1) of the Licensing and Registration (Uniform Procedures) Act 2002, the Board may require an applicant for registration as a surveyor to furnish the following documents:(a) documentary evidence that the applicant holds a recognised qualification,(b) documentary evidence that the applicant has recognised practical experience,(c) documentary evidence that the applicant has passed the relevant Board examination or fulfilled the requirements of a recognised professional training agreement,(d) one or more character references given in relation to the applicant within the previous 2 years.pt 1A, divs 2–4 (cll 4C–4L): Ins 25.6.2003.
4G Continuing professional development
(1) A registered surveyor must comply with the continuing professional development requirements.(2) Compliance with the requirements of this clause is a condition of registration as a surveyor.pt 1A, divs 2–4 (cll 4C–4L): Ins 25.6.2003.
4H Conditions of registration
Registration as a mining surveyor may be granted subject to a condition restricting the mining surveyor to the conduct of mining surveys in relation to open cut mines.pt 1A, divs 2–4 (cll 4C–4L): Ins 25.6.2003.
4I Surveyor to report position etc of permanent survey marks
(1) As soon as practicable after a registered surveyor carrying out a survey:(a) places a new permanent survey mark, orthe registered surveyor must notify the Surveyor-General of that fact and of the number and location of the permanent survey mark.(b) becomes aware that an existing permanent survey mark has been removed, damaged, destroyed, displaced, obliterated or defaced, or is in a state of disrepair,(2) Compliance with the requirements of this clause is a condition of registration as a surveyor.pt 1A, divs 2–4 (cll 4C–4L): Ins 25.6.2003.
4J Register of surveyors
(1) The following particulars are to be recorded in the register of surveyors, in relation to each registered surveyor, in addition to those required by section 49 (1) of the Licensing and Registration (Uniform Procedures) Act 2002:(a) the qualifications pursuant to which the surveyor was registered,(b) in the case of a registered mining surveyor whose registration is subject to a condition restricting the mining surveyor to the conduct of mining surveys in relation to open cut mines, a statement to that effect,(c) in the case of a mining surveyor who was originally registered or licensed interstate, the State or Territory in which the surveyor was originally registered or licensed,(d) the surveyor’s address for service of notices,(e) particulars of any action that the Board has taken in relation to the surveyor under section 12 or 13 of the Act, together with the date on which the action was taken.(2) The register of surveyors may be maintained in written or electronic form.pt 1A, divs 2–4 (cll 4C–4L): Ins 25.6.2003.
4K Certificates of meritorious service
The Board may issue a certificate of meritorious service to any person who surrenders his or her certificate of registration, as referred to in section 50 (7) of the Licensing and Registration (Uniform Procedures) Act 2002, if satisfied that it is appropriate to do so in recognition of the person’s contribution to surveying in New South Wales.pt 1A, divs 2–4 (cll 4C–4L): Ins 25.6.2003.
Division 4 Fees
pt 1A, divs 2–4 (cll 4C–4L): Ins 25.6.2003.
4L Fees
The fees set out in Schedule 6 are payable in relation to the various matters referred to in that Schedule.pt 1A, divs 2–4 (cll 4C–4L): Ins 25.6.2003.
Part 2 General duties of surveyor
5 Surveys under supervision of surveyor
Nothing in this Regulation prevents a survey being made under the supervision of a surveyor.
6 (Repealed)
cl 6: Rep 25.6.2003.
7 General principles of survey
When carrying out a survey, a surveyor must, in accordance with this Regulation:(a) ascertain the positions of monuments relevant to the survey, and(b) locate or relocate the boundaries of the land surveyed, and(c) mark the survey as required by this Regulation, and(d) make complete field notes of the survey, and(e) if the purpose of the survey so requires, prepare a survey plan of the land.cll 7–10: Am 25.6.2003.
8 Surveyor to indicate type of survey
A surveyor must indicate on each survey plan whether the survey is an urban or rural survey.cll 7–10: Am 25.6.2003.
9 Surveyor to record nature of boundaries
(1) A surveyor must show on a survey plan:(a) the nature of the boundaries at the time of the survey, whether defined by survey marks, lockspits, lines, fences, roads, natural or artificial features or buildings or walls, and(b) the width of all walls used in common and the position of the boundaries in those walls, and(c) the description (including the age, nature, construction material and relationship to the boundary) of any substantial structure or fence within 1 metre of the boundary or otherwise relevant to the boundary definition.(2) If a boundary is the face of a wall, the boundary must be described in the survey plan as “face of wall”.(3) A wall must not be described with the expression “party wall” unless:(a) it is the subject of such easements as are referred to in relation to party walls in the Conveyancing Act 1919, or(b) the survey plan is intended to create such easements in respect of the wall.cll 7–10: Am 25.6.2003.
10 Surveyor to furnish certificate
(1) When a surveyor furnishes a survey plan, the surveyor must:(a) endorse a certificate in Form 1 on the survey plan, or(b) provide a certificate in Form 1 with the survey plan.(2) The certificate may be incorporated in any other certificate that must be endorsed or provided in accordance with any other Act or instrument made under an Act.cll 7–10: Am 25.6.2003.
11 Notice of proposed entry to land: section 19
The notice referred to in section 19 (1) of the Act (for the conduct of both land surveys and mining surveys) must be given, in the form set out in Form 2:(a) by delivering it to any person who is apparently over the age of 16 years and is apparently residing on, or in occupation of, the land to be entered, or(b) if there is no person available to give the notice to as referred to in paragraph (a), by affixing it in a conspicuous place at the main point of entry to the land, at the main point of entry to a building situated on the land or to some other conspicuous object situated on the land.cl 11: Subst 25.6.2003.
11A Certificate of authority: section 26
(1) A certificate of authority referred to in section 26 of the Act, whether for a land surveyor or a mining surveyor, must be issued by the Surveyor-General in the form of Form 2A.(2) Despite subclause (1), an identity card issued to a surveyor by the former Board of Surveyors under the Surveyors Act 1929 is taken to be such a certificate.cl 11A: Ins 25.6.2003.
12 Surveyor to meet requisitions
A surveyor must promptly answer, or comply with, requisitions from the Surveyor-General or Registrar-General.
Part 3 Measurement and calculations
13 Surveyor to obtain information
A surveyor must obtain all relevant information on public record with government departments and public authorities necessary to locate or relocate the boundaries of any land to be surveyed and to connect the survey to the State control survey in accordance with Parts 4 and 5.cll 13: Am 25.6.2003.
14 Equipment for measurement of surveys
(1) A surveyor must make every survey with appropriate equipment.(2) A surveyor must not use any equipment in making a survey unless the surveyor knows the accuracy obtained by its use. That accuracy must be determined in relation to:(a) the Australian primary standard of measurement of length, within the meaning of the National Measurement Act 1960 of the Commonwealth, or(b) the State primary standard of measurement of length, within the meaning of that Act, that is under the control of the Surveyor-General.(3) A surveyor must not use any steel or invar band in making a survey unless it is verified at least once every 2 years and immediately after repair.(4) A surveyor must not use any electronic distance measuring equipment in making a survey unless it is verified against the State primary standard of measurement of length (as referred to above), by using pillared testlines, at least once each year and immediately after service or repair.(5) The accuracy and method of verification must be as approved.
15 Measurement of boundaries and lines
A surveyor must measure boundaries and lines by the most direct method that is reasonable and practicable.
16 Measurement by remote-sensing methods
(1) A surveyor may use measurements derived from photogrammetry or approved remote-sensing methods.(2) If any methods referred to in subclause (1) are used, the surveyor must indicate the methods on the survey plan.cll 16: Am 25.6.2003.
17 Partial surveys
If a survey embraces only part of the land in a document of title, the surveyor must connect the terminals of the survey to monuments or points having a known relation to the corners of the land in the document so as to confirm the position of each terminal.
18 Surveys for easements and restrictions on use
(1) If a survey is carried out for the purpose of defining an easement or restriction on use (referred to in this clause as a restriction), the surveyor must connect the site of the easement or restriction by measurement to relevant monuments.(2) Wherever the easement or restriction intersects a boundary of land held in different ownership or terminates on any current parcel boundary, the surveyor must redefine the existing parcel boundary and show connections on the survey plan from the easement or restriction to the nearest parcel corner.(3) (Repealed)(4) The surveyor must:(a) ensure that the survey has one reference mark:(i) for easements or restrictions less than or equal to 200 metres in length—at one terminal of the easement or restriction, or(ii) for easements or restrictions greater than 200 metres in length—at each terminal of the easement or restriction, and(b) show on the survey plan by bearing and distance the essential dimensions of the site and note the site on the plan as “easement” or “restriction on use of land”, or “proposed easement” or “proposed restriction on use of land”, as appropriate, and(c) adopt a datum line in accordance with clause 30.(5) In addition, the survey must have:(a) for an urban survey—reference marks at intervals not exceeding 500 metres, or(b) for a rural survey—reference marks at intervals not exceeding 1,000 metres.(6) If an easement is to be created over existing pipes and conduits that are underground or within a building and the precise location of those pipes and conduits cannot reasonably be determined, subclauses (3) and (4) do not apply, but the approximate positions must be shown on the survey plan together with appropriate notations.cll 18–21: Am 25.6.2003.
19 Re-survey of property boundaries
(1) If a surveyor makes a re-survey, the surveyor must adopt the boundaries as originally marked on the ground as the true boundaries unless there is sufficient evidence to show that the marks were incorrectly placed or have been disturbed.(2) The surveyor must disclose on the survey plan:(a) the extent of any discrepancy in the marking of boundaries, and(b) if the marks are shown on an original Crown survey plan, the surveyor must advise the Surveyor-General of the discrepancy in writing within two months of the completion of the survey.cll 18–21: Am 25.6.2003.
20 Surveys involving boundaries that include natural features
(1) For the purpose of determining a boundary that is or includes a natural feature, the traverse lines of the survey must be positioned so that each change of course or direction of the boundary can be determined with appropriate accuracy.(2) Despite subclause (1), a surveyor may use remote sensing methods for the purpose of determining such a boundary and may use discretion as to the distance that the ground control of the survey is from the boundary.(3) If physical or environmental circumstances prevent compliance with the methods referred to in subclause (1) or (2) for determining such a boundary, a surveyor may use such other approved methods as will permit the survey determining the boundary to be of appropriate accuracy.(4) If any of the methods specified in subclause (2) or (3) are used, the surveyor must indicate the methods on the survey plan.cll 18–21: Am 25.6.2003.
21 Procedure if crooked fence defines boundary
(1) If a crooked fence is used to define a boundary in a survey, the surveyor must survey the crooked fence and place the angle points of the boundary in such a way that the boundary line does not leave the material of the fence at the surface of the ground.(2) The surveyor must mark the angle points and show the nature of the points on the survey plan. The surveyor must indicate on the survey plan the age, type and condition of the fence at the date of the survey.cll 18–21: Am 25.6.2003.
22 Calculation of areas of land
Areas of land must be computed by a method that provides appropriate accuracy and is recognised by surveyors as good practice.
23 Surveys using global positioning system (GPS)
When making a survey using global positioning system equipment, a surveyor must use an approved global positioning system surveying technique that will achieve the level of accuracy appropriate to the type of survey being undertaken, as specified in Standards & Practices for Control Surveys.cll 23–25: Am 25.6.2003.
24 Surveyor to check angular work
(1) A surveyor who makes a survey in which the total length of surveyed boundaries exceeds 10,000 metres on level or undulating terrain or 6,000 metres on steep or mountainous terrain must check the angular work in the survey by astronomical observation or by a complete angular close or by a comparison with the State Control Survey.(2) Any such comparison must be shown on the survey plan.(3) A surveyor must not, for the purposes of this clause, interpolate any angular measurement by another surveyor.cll 23–25: Am 25.6.2003.
25 Determination of angular close
(1) Whenever practicable, a complete angular close must be obtained.(2) The observed angular misclose must not exceed 20 seconds plus 10√n seconds or 2 minutes (whichever is the lesser):(a) for the whole surround, and(b) between stations at which astronomical observations for azimuth have been made, and(c) between pairs of established permanent survey marks.(3) In subclause (2), “n” is the number of traverse angular stations.cll 23–25: Am 25.6.2003.
26 Checking and accuracy of all measurements
(1) A surveyor must, if the nature of a survey permits, check all measurements made in a survey by closure of the eastings and northings of the lines in all surrounds in the survey computed in metres to 3 decimal places.(2) The internal closure of any survey must be such that the length of the misclose vector must not exceed:(a) 15mm + 100ppm of the perimeter, for boundaries crossing level or undulating terrain, or(b) 15mm + 150ppm of the perimeter, for boundaries crossing steep or mountainous terrain.(3) The misclose vector must be determined as √(a2+b2), where “a” is the misclose in eastings and “b” is the misclose in northings.
27 Accuracy of length measurements
When making a survey, a surveyor must measure all lengths to an accuracy of 6mm + 30ppm or better at a confidence level of 95%.
28 Identification or re-marking surveys
(1) A surveyor may make a survey of a parcel of land for the purpose of redefining the boundaries of the parcel, or of locating the parcel in relation to adjoining lands, in such manner as may be required by the nature of the survey.(2) A surveyor may make a survey requiring the re-marking of a parcel of land in such manner and with such marks in such positions as may be specially required by the relevant client, but such a survey must not be used for the purpose of any disposition of land or any interest in land.(3) This clause and clauses 3, 4, 5, 7 (a), (b) and (d), 11, 13, 14, 19, 23, 27, 30 (1), 31, 39 and 48–53 apply to a survey referred to in subclause (1) or (2).cll 28–30: Am 25.6.2003.
29 Surveys not requiring strict accuracy
(1) A surveyor may make a survey for a purpose not requiring strict accuracy under arrangements with a client, and in such a manner and with such marking as are agreed on between the surveyor and the client.(2) The plan of such a survey must show monuments as approximately located.(3) The surveyor must:(a) endorse a certificate in Form 3 on the plan of the survey, or(b) provide a certificate in Form 3 with the plan of the survey.(4) This clause and clauses 3, 4, 5, 7 (d), 11, 13, 30 (1), 31, 39 and 48–53 apply to a survey referred to in subclause (1).(5) In addition, if the survey is to be lodged on public record and:(a) the survey is of a class specified in the Surveyor-General’s published directions to surveyors—the survey must comply with those directions, or(b) the survey is not of a class so specified—the surveyor must obtain the Surveyor-General’s approval for the survey and the survey must comply with the conditions of the approval.cll 28–30: Am 25.6.2003.
Part 4 Datum line
30 Procedure for adopting datum line
(1) A surveyor must determine, specifically for each survey, the position of the marks defining the datum line for the survey.(2) The bearing used for the orientation must be adopted from the grid bearing derived from the MGA co-ordinates of established permanent survey marks if the survey is within 300 metres of two established permanent survey marks (for an urban survey) or 1,000 metres of two established permanent survey marks (for a rural survey).(2A) The MGA co-ordinates used to determine the orientation of the survey must be obtained from the register of public surveys within 6 months before the date of completion of the survey as recorded in the survey certificate.(3) That bearing must be verified by angular, and (if practicable) distance, connection to at least one other established permanent survey mark.(4) If a comparison of those connections reveals differences exceeding 20mm + 100ppm, the surveyor must show on the survey plan all the observed and calculated bearings and distances and:(a) include an additional connection to at least one other established permanent survey mark, or(b) forward a report of the survey to the Surveyor-General.(5) If the survey does not fall within subclause (2), the bearing used for the orientation must be taken from a survey for which a plan or description is filed or recorded at a government department or public authority, or from astronomical observations or satellite observations, and the surveyor must state the origin of the orientation on the survey plan.cll 28–30: Am 25.6.2003.
31 Surveyor to record datum line in field notes
A surveyor must clearly indicate in the field notes the datum line of the survey and the origin of the orientation adopted.
32 Method of recording datum line on survey plan
(1) A surveyor must show the datum line of a survey on the survey plan by distinguishing characters placed at the terminals of the datum line and must also note on that plan the nature of the marks defining the datum line.(2) If the orientation of the survey is adopted from the MGA co-ordinates, the co-ordinate values together with the zone, class and order, date, combined scale factor, and source, of all the established permanent survey marks used for orientation purposes are to be shown in a schedule on the survey plan.(3) If astronomical or satellite observations are used to determine or confirm the orientation of the survey, the results of the observations are to be shown in a table on the survey plan under the headings “Occupied station”, “Observed station” and “Astronomical body” or “Satellite system”, together with the derived bearing between the occupied and observed stations.cll 32–38: Am 25.6.2003.
Part 5 Monuments and reference marks
33 Connection of surveys and marks
(1) This clause applies to any survey that is carried out for the purpose of lodging a survey plan with a public authority.(1A) An urban survey must be connected by measurement to at least 2 permanent survey marks and, for land having an area of more than 10 hectares, to at least 2 more permanent survey marks for each 10 hectares (or part thereof) by which the area of land being surveyed exceeds 10 hectares.(1B) A rural survey must be connected by measurement to at least 2 permanent survey marks and, for land having an area of more than 10 hectares, to at least 2 more permanent survey marks for each 100 hectares (or part thereof) by which the area of land being surveyed exceeds 10 hectares.(1C) The distance between a survey mark and a permanent survey mark referred to in subclause (1A) or (1B) must not exceed:(a) 300 metres, in the case of an urban survey, or(b) 1,000 metres, in the case of a rural survey.(2) If there are two established permanent survey marks within the relevant distance specified in subclause (1C), the connection referred to in that subclause must be made to those established permanent survey marks in preference to non-established permanent survey marks even if the latter are closer to the survey.(3) A survey that redefines or creates parcels of land must have, within 300 metres (for an urban survey) or 1,000 metres (for a rural survey), no less than the following number of permanent survey marks in relation to the following numbers of parcels:(a) 1–10 parcels—2 marks,(b) 11–20 parcels—3 marks,(c) more than 20 parcels—4 marks plus 1 mark for every 20 (or part of 20) by which the number of parcels exceeds 40.(4) A maximum of two permanent survey marks connected in accordance with subclause (1A) or (1B) may be included in the total number of marks required by subclause (3).(5) A survey that redefines a road frontage or that is conducted for the purposes of creating a road under any Act must have 2 or more permanent survey marks for each interval of 1,000 metres (for an urban survey) or 2,000 metres (for a rural survey).(6) A survey for the purposes of creating an easement must have 2 or more permanent survey marks for each interval of 2,000 metres (for an urban survey) or 4,000 metres (for a rural survey).(7) Measurements between all permanent survey marks found or placed, and connections to the survey, must be proved by closed survey and shown on the survey plan.(8) If two permanent survey marks connected in accordance with subclause (1A) have accurate AHD values, the locality sketch plan of each additional permanent survey mark placed in accordance with subclause (3), (5) or (6) must show:(a) the AHD value derived by closed height differences to an accuracy of Class “LD” or “B” or better (as specified in the Standards & Practices for Control Surveys), and(b) the AHD values, and the nature and source, of the 2 connected permanent survey marks.(9) A permanent survey mark placed in accordance with subclause (3), (5) or (6) must:(a) be so located as to be suitable for an orientation of the survey and for redefinition of the survey, and(b) be so located at road junctions, road intersections, road angles or crests of hills as to be visible between other permanent survey marks without obstruction, and to be suitable for subsequent inclusion in the State Control Survey, and(c) be identified in location by a sketch plan that meets approved standards.(10) A sketch plan referred to in subclause (9) must be forwarded to the Surveyor-General within 2 months of the placement of the permanent survey mark.cll 32–38: Am 25.6.2003.
34 Placement of pegs or marks
(1) Except in the case of a survey referred to in clause 18, 28 (1) or 29, each corner of the land being surveyed (including the corners of each parcel of land in a subdivision) must be marked with a boundary mark.(2) If it is not practicable to place a boundary mark, a reference mark must be placed and the surveyor must note on the survey plan that the corner was not marked.(3) In a rural survey, if a fence post is on a corner at which a reference mark has been placed and reference is made to that post on the survey plan, no further marking of the corner is required.cll 32–38: Am 25.6.2003.
35 Urban surveys
(1) In any urban survey, the survey must:(a) if the land abuts a road—have a reference mark at each extremity of the land and at intervals of not more than 100 metres throughout the length of the road frontage of the survey where there are intervening side boundaries, or(b) if the land does not abut a road—have at least 2 reference marks at suitable locations in relation to the land being surveyed.(2) Subclause (1) (a) does not require the placement of a reference mark at any extremity of the land if some other reference mark is already placed within 10 metres of that extremity and that reference mark is referenced to that extremity on the survey plan.cll 32–38: Am 25.6.2003.
36 Rural surveys
(1) In a rural survey, a surveyor must mark definitely and durably all lines that form or are to form the boundaries between parcels. The marking is to be done with a boundary mark.(2) In addition, if a boundary is unfenced, the lines that form it must also be marked with lockspits cut in the direction of the boundary from each corner and angle or, if an obstacle exists at a corner or angle, with a suitable reference mark near that corner or angle.(3) On unfenced boundaries, the pegs and lockspits, or marks and lockspits, must be placed at intervals of not more than 200 metres, except where one peg or mark can be seen from the next. In that case, the distance can be increased to a maximum of 500 metres. The survey plan must show the type and position of any line mark so placed.(4) Unless environmental considerations dictate otherwise, an unfenced boundary must be reasonably cleared and any tree that has a trunk diameter greater than 100mm and is within 500mm of the unfenced boundary must be blazed or, if situated on any boundary, must be double blazed.(5) The surveyor must connect or place and connect at least 2 reference marks for each parcel shown on the survey plan in selected positions suitable for redefinition of the survey.(6) If a boundary (other than a road frontage) of the land exceeds 2,400 metres, a surveyor must place additional reference marks along the boundary at intervals of not more than 1,500 metres.(7) If a boundary required to be marked is a road frontage, a surveyor must place reference marks in accordance with clause 37 (5).(8) This clause does not apply to a survey referred to in clause 18 (Surveys for easement purposes only).(9) In this clause, to blaze and to double blaze a tree means to mark the tree with cuts in the approved manner.cll 32–38: Am 25.6.2003.
37 Placement of reference marks for roads
(1) If a surveyor makes a survey for the purpose of the creation, redefinition or widening of a road under any Act, the surveyor must place reference marks in the positions prescribed by this clause and must show the type and location of the reference marks in the plan of the survey.(2) If the survey is an urban survey, reference marks must be placed:(a) at the junction or intersection of roads:(i) if a triangle is cut off from the corner formed by the intersection of the road boundaries, so as to refer to either end of the base line of the triangle, or(ii) if the corner is rounded off, so as to refer to either tangent point, or(iii) if the corner is not cut off or rounded off, so as to refer to the point of intersection of the road boundaries, and(b) at the terminals of a road, and(c) as far as is practicable, on the same side of the road, and(d) if placed in a road that is variable in width, with connections made to both sides of the road, and(e) at each angle and each tangent point or terminal of a series of chords of a regular curve in a road.(3) The requirement of subclause (2) (e) is subject to the condition that a reference mark need not be placed within 30 metres of another reference mark.Note—Clause 35 (a) provides that in any urban survey, if the land abuts a road, the survey must have a reference mark at each extremity of the land and at intervals of not more than 100 metres throughout the length of the road frontage of the survey where there are intervening side boundaries.(4) If a reference mark placed in accordance with this clause consists of a drill hole and wing and is to be placed in a concrete kerb cast in situ, there must be 2 such marks.(5) If the survey is a rural survey, reference marks must be placed so as to refer to the terminals of the road surveyed, to each junction or intersection of any roads and in pairs suitable for orientation purposes throughout the whole length of the road in selected positions so that the maximum distance between any 2 successive reference marks does not exceed 1,000 metres.(6) If a road being created joins or intersects an existing road and reference marks have already been placed in the existing road in accordance with this clause or with any Act or any instrument made under an Act, those marks must be connected by survey with the reference marks placed in the road being created and the orientation of one series of reference marks must be compared with the orientation of the other series of reference marks and the comparison shown on the survey plan.cll 32–38: Am 25.6.2003.
38 Procedure on finding existing corner peg and reference mark
If a corner peg and reference mark are found together, a surveyor must determine the bearing and distance between them, and if a difference from the original reference is disclosed, the surveyor must decide from other evidence which of the monuments to adopt, and must note details of any difference on the survey plan.cll 32–38: Am 25.6.2003.
39 Procedure if monuments of original survey missing
To the extent that the relevant monuments of an original survey are missing, a surveyor must determine the boundaries and corners of the land being surveyed by measurement in correct relation to boundaries of adjacent parcels of land and parcels of land on opposite sides of roads, and to fences, and to such other evidence of correct location as may be found after full investigation and inquiry.
40 Procedure if differences exist between measured and recorded lengths
(1) If a measurement discloses a boundary of land surveyed to be different from that indicated in the document of title to the land, the surveyor must verify the length of the boundary and make appropriate entries in the surveyor’s field notes and show in the notes and on any survey plan the monuments adopted.(2) In the absence of monuments defining the land surveyed, the surveyor must indicate on the survey plan whether there is sufficient land available to permit the adoption of the measurement referred to in subclause (1) without causing any encroachment on any road or on any adjoining or adjacent parcel of land.cll 40: Am 25.6.2003.
41 Surveyor to note nature and position of survey marks etc
(1) A surveyor must indicate in the field notes and on the survey plan:(a) the nature and position of any survey mark, object or monument found by the surveyor, and(b) the nature of any survey mark (other than a peg) placed by the surveyor, and(c) the essential measurements from any reference mark, permanent survey mark, object or monument to the nearest corner, angle or line mark.(2) If reference marks are placed or found at depths of more than 150mm below the existing surface of the ground, the surveyor must indicate the depths on the survey plan.(2A) Except as allowed under clause 35 (2), a reference mark may be connected to only one point on a survey plan, and may not be connected to that point if it is more than 30 metres from that point.(3) If reference marks are found, the surveyor must note their origin on the survey plan by reference to the number of the plan on which the marks first occur.(4) A monument that is important for the definition of the land must be shown on the survey plan and in the surveyor’s field notes with the annotation “found”, “not found”, “gone”, “disturbed” or “inaccessible” as appropriate.(5) A monument must not be recorded as “gone” unless a thorough search for the monument has been made and the measurements of its probable site recorded in the field notes.cll 41: Am 25.6.2003.
42 Marking of survey boundaries
(1) The marking of surveyed boundaries of land must be done with boundary marks so that the boundaries are readily and unambiguously discernible on the ground.(2) If drill holes, chisel marks or similar marks are to be placed in an ornamental wall, ornamental path or similar structure, the size of the mark placed may be reduced at the discretion of the surveyor to avoid undue damage to the wall, path or other structure being marked, but only if the marking is durable and readily and unambiguously discernible.cll 42: Subst 25.6.2003.
43 Survey marks and permanent survey marks
(1) The forms and styles of marks described in Schedule 4 are declared to be the forms and styles for permanent survey marks under the Act.Note—Schedule 4 lists permanent survey marks by Type number, using the same Type numbers as have been allocated by previous regulations. Type numbers 3 and 5 are now obsolete, and so do not appear in the Schedule.(2) The forms and styles of marks described in Schedules 2, 3 and 4 (boundary marks, reference marks and permanent survey marks) are declared to be the forms and styles for survey marks under the Act.(3) Survey marks must be placed and used in accordance with any requirements specified in Schedules 2, 3 and 4.(4) When a reference mark is required to be placed for the purposes of a survey, the form and style of reference mark to be used is to be chosen according to an order of preference that is the order in which they are listed in Schedule 3.cll 43: Subst 25.6.2003.
44 Placement of reference marks
A reference mark that this Regulation requires to be placed must be located in such a position as to preserve the mark from disturbance.
45 Use of broad arrows
A broad arrow may be used on a survey mark only in relation to a survey referred to in section 4 or 5 of the Act.cll 45: Subst 25.6.2003.
46 Datum used for levelling
(1) All levels shown on a survey plan must be related to AHD or such other datum as is approved.(2) AHD must be verified by closed height difference between 2 bench marks the heights of which have an approved accuracy.(3) All height differences verified or derived for a survey must attain an accuracy of Class “LD” or “B” or better as specified in the Standards & Practices for Control Surveys.(4) The survey plan must specify the datum of the levels and the value, nature, accuracy class and order of the bench marks used to establish and verify that datum.cll 46: Am 25.6.2003.
47 Bench marks
(1) In a survey for the purpose of a limitation in height or depth (or both), the surveyor must relate the survey to 2 or more bench marks of which one or more must be external to the relevant parcel.(2) The value, nature, origin, accuracy class and position of the bench marks must be stated on the survey plan.(3) The external bench mark, or any one of the external bench marks, must be:(a) an existing permanent survey mark within 300 metres of the parcel, or(b) if it is impracticable to use an existing permanent survey mark, a mark placed by the surveyor in accordance with the requirements of clause 33 (9) for permanent survey marks within 300 metres of the parcel.(4) If a surveyor is required to place a bench mark in accordance with this Regulation, the bench mark must be a permanent survey mark or a mark of durable nature as approved.cll 47: Am 25.6.2003.
47A Placement of permanent survey marks by non-surveyors: section 25
For the purposes of section 25 of the Act, a person is authorised to place a permanent survey mark at any location if, and only if:(a) the mark is placed in accordance with any requirements specified in Schedule 4, and(b) the location of the permanent survey mark is indicated on a locality sketch plan that is in a form acceptable to the Surveyor-General, and(c) that locality sketch map is given to the Surveyor-General within 2 months after the permanent survey mark is placed.cl 47A: Ins 25.6.2003.
Part 6 Field notes
48 Surveyor to make field notes
(1) A surveyor must make field notes and record in them any facts, readings and observations immediately after they are ascertained.(2) Field notes must be neat, precise, complete and readily intelligible in accordance with the usage of surveyors.(3) A surveyor must keep an archive of:(a) all field notes made by the surveyor with indices and cross references set out in a manner that facilitates the preparation of a complete and accurate survey plan, and(b) all other information and documentation relevant to those field notes.cll 48: Am 25.6.2003.
49 Electronic records
If a survey has been recorded in whole or in part by electronic methods, an electronic copy (in the same form as the recording) and a paper copy of the reduced and formatted data must be retained in a manner that facilitates the preparation of a complete and accurate survey plan.cll 49: Am 25.6.2003.
50 Surveyor to record astronomical observations
If a surveyor makes an astronomical observation in the course of a survey, the surveyor must enter in the field notes the time and date and the latitude of the relevant station together with full particulars of all observations.
51 Method of recording bearings
A surveyor must observe and record all angles or, if appropriate, bearings in the field notes in degrees, minutes and seconds of arc, and all bearings must be reckoned and expressed clockwise from zero to 360 degrees.
52 Surveyor to record landmarks
A surveyor must enter in the field notes the names of estates, houses, roads, rivers, creeks, lakes and the like, and house numbers, as far as material to the survey and ascertainable by the surveyor.
53 Surveyor to sign and date field notes
(1) A surveyor must personally sign and date each page or sheet of the field notes (or, in the case of a survey recorded by electronic means, of the reduced and formatted data) of a survey that has been performed by the surveyor personally or under the surveyor’s supervision.(2) Before signing each page or sheet, the surveyor must be satisfied that the notes on it are accurate and that the date when the work recorded on it was performed appears on it.
54 Report by surveyor
A surveyor must disclose any doubt, discrepancy, difficulty or difference suggested by or encountered in a survey on the survey plan or in an accompanying comprehensive report.cll 54: Am 25.6.2003.
Part 7 Water as a boundary
55 Location and relocation of mean high-water mark boundary
(1) If, since the date of a previous survey, there has been a change in the position of a high-water mark forming a boundary of land to be surveyed and that change has been caused otherwise than by natural, gradual and imperceptible accretion or erosion, in any subsequent survey the position of the mean high-water mark as it was immediately before the change must be adopted.(2) For the purposes of preparing a survey plan containing a high-water mark that forms a boundary of land, a reference in any previous survey plan or description of land to a high-water mark is, unless a contrary intention appears, to be taken to be a reference to a mean high-water mark (that is, the line of mean high tide between the ordinary high-water spring and ordinary high-water neap tides).(3) For the purposes of preparing a survey plan containing a high-water mark that forms a boundary of land, a reference to, or description of, a boundary of land that abuts tidal water in any previous survey plan or description of land is, unless a contrary intention appears, to be taken to be a reference to, or a description of, the mean high-water mark.(4) The mean high-water mark must be determined with appropriate accuracy by a surveyor.(5) A surveyor must show on a survey plan the description and relationship of any sea wall and reclaimed land adjacent to the mean high-water mark boundary.(6) If a surveyor determines a location of mean high-water mark in relation to land, approval of the determination must be obtained from:(a) if the adjoining land below the mean high-water mark is Crown land—the Minister administering the Crown Lands Act 1989 (or a person authorised by that Minister), orunless a prior determination of that location of that mean high-water mark has been approved in accordance with this clause or a corresponding provision of a previous regulation under the Act.(b) in any other case—the owner of that adjoining land,Note—In certain locations, the operation of this clause may be affected by Part 4B (Modification of doctrine of erosion and accretion) of the Coastal Protection Act 1979.cll 55: Am 25.6.2003.cl 55, note: Ins 25.6.2003.
56 Location and relocation of banks of non-tidal streams or lakes
(1) If, since the date of a previous survey, there has been a change in the position of a bank of any non-tidal stream forming a boundary of land to be surveyed and that change has been caused otherwise than by natural, gradual and imperceptible accretion or erosion, in any subsequent survey the position of the bank as it was immediately before the change must be adopted.(2) The position of the boundary between adjoining land and any non-tidal lake is not subject to change by the doctrine of accretion or erosion.(3) For the purposes of this clause, the bed of a lake or stream includes that portion:(a) that is alternately covered and left bare with an increase or diminution in the supply of water, and(b) that is adequate to contain the lake or stream at its average or mean stage without reference to extraordinary freshets in time of flood or to extreme droughts.(4) For the purposes of this clause, a lake includes a permanent or temporary lagoon or similar collection of water not contained in an artificial work.(5) For the purposes of preparing a survey plan containing a bank of a non-tidal lake or stream that forms a boundary of land, in any previous survey plan or description relating to that land a reference to, or description of, a bank is, unless a contrary intention appears, to be taken to be a reference to, or description of, the limit of the bed of a non-tidal lake or stream.(6) The middle line of a stream need not be marked unless the purpose for which the survey is made so requires.(6A) If the middle line of a stream is the boundary of land and has not previously been defined by survey, or if the middle line of a stream is otherwise required to be determined, then both banks of the stream must be surveyed and shown on the survey plan together with the determination of the middle line.(7) The natural feature boundary must be surveyed so that each change of course or direction of the boundary is determined with appropriate accuracy.(8) A surveyor must provide a comprehensive report to the Minister administering the Crown Lands Act 1989 (or a person authorised by that Minister) regarding a determination of a boundary, and obtain the approval of that Minister (or that person) to the determination, if:(a) the location of the boundary is the bank of a non-tidal lake or stream,(b) the bed of the lake or stream is Crown land, and(c) a prior determination of the boundary has not been approved in accordance with this clause or a corresponding provision of a previous regulation under the Act.(9) A surveyor must provide a comprehensive report regarding a determination of a boundary to the Surveyor-General if:(a) the location of the boundary is the bank of a non-tidal stream, and(b) that boundary has been previously determined by survey, and(c) the bank of the non-tidal stream has moved since that determination.The comprehensive report must include the reason for the change and the process by which that change took place.(10) A comprehensive report referred to in subclauses (8) and (9) must include:(a) the basis and method of determining the location of the bank of the non-tidal lake or stream, and(b) photographs, documentation, evidence, and any other information, relevant to the location of the boundary, as is reasonably required by the person to whom the report is to be provided.cll 56: Am 25.6.2003.
57 Determination of landward boundary of reservation or Crown road fronting a natural feature
(1) If the landward boundary of an existing reservation of stipulated width fronting tidal waters has not been defined by survey, on redefinition or subdivision of the adjoining land by a survey, the boundary must be defined by right lines approximately parallel to the position of the mean high-water mark as originally defined.(2) If the landward boundary between a parcel of land and an existing reservation or Crown road of stipulated width along a non-tidal stream or lake or other natural feature has not been defined by survey, on redefinition or subdivision of the adjoining land by a survey:(a) the boundary must be defined by right lines approximately parallel to the position of that feature as originally defined, and(b) the location of the natural feature as it existed at the time of the survey must be determined and shown on the survey plan, and(c) the boundary need not be marked in accordance with clauses 34 and 42, but reference marks must be placed at the terminals of the boundary and at intervals of not more than 1,000 metres along the boundary.(3) If a surveyor determines a landward boundary of a reservation or Crown road and there has not been a prior determination of that boundary approved in accordance with this clause or a corresponding provision of a previous regulation under the Act, the approval of the Minister administering the Crown Lands Act 1989 (or a person authorised by that Minister) to the determination must be obtained.cll 57: Am 25.6.2003.
58 Approval of Minister or adjoining owner to water boundary changes
(1) A surveyor must, when seeking approval from the Minister administering the Crown Lands Act 1989 (or a person authorised by that Minister) or an adjoining owner to the determination of:(a) the landward boundary of a reservation or Crown road fronting a water boundary, orprovide to the person concerned a comprehensive report regarding the determination.(b) a mean high water mark boundary that has changed or does not currently have such approval,(2) The comprehensive report must include:(a) the basis and method of determining the location of the bank of the stream or lake or the mean high-water mark, and(b) an opinion, supported by photographs, documentation and evidence, as to the reason for the change and the process by which that change took place, and(c) such other information, relevant to the location of the boundary, as is reasonably required by the person concerned.
59 Calculation of areas of land abutting a natural feature
(1) The area of land abutting a natural feature, such as a mean high-water mark or a non-tidal stream, must be ascertained by the surveyor with appropriate accuracy and must include all land to the natural feature.(2) If a natural feature forms a boundary of land, appropriate details describing the natural feature must be shown on the survey plan.(3) The bearings and distances between the end points of the radiations or offsets used to determine the location of the natural feature, and the area of the land being surveyed, are to be shown on the survey plan for that land.cll 59: Am 25.6.2003.
Part 7A Public surveys
pt 7A (cll 59A–59C): Ins 25.6.2003.
59A Standards of measurement and accuracy of public surveys: sections 4 and 5
(1) A survey referred to in section 4 or 5 of the Act must be carried out:(a) in accordance with the standards set out in Standards & Practices for Control Surveys in relation to that kind of survey, or(b) if the Surveyor-General intends to use the survey for the State control survey, in accordance with such of the standards set out in Standards & Practices for Control Surveys as the Surveyor-General may direct in relation to the survey, subject to such variations in those standards as the Surveyor-General may direct.(2) In any survey referred to in section 5 of the Act, all measuring equipment used in the survey must comply with the requirements of Part 3.pt 7A (cll 59A–59C): Ins 25.6.2003.
59B Field notes
The field notes prepared in relation to a survey referred to in section 5, including any electronic field data:(a) must be referenced and indexed in an approved manner, and(b) must be produced to the Surveyor-General if the Surveyor-General so requests.pt 7A (cll 59A–59C): Ins 25.6.2003.
59C Conventional symbols and signs on plans
In the preparation of any survey plan, the symbols and signs set out in Schedule 5 must be used to indicate the matters to which they are referred by that Schedule.pt 7A (cll 59A–59C): Ins 25.6.2003.
Part 8 Miscellaneous
60 Deferment of placement of survey marks
(1) If it is likely that construction or development will disturb any survey marks placed on land that is the subject of a survey, a surveyor may defer the placement of the survey marks required by this Regulation on that land.(2) In such a case, the surveyor must:(a) notify the Surveyor-General of the deferment, and(b) deposit with the Surveyor-General the amount specified in Schedule 6 in that regard, and(c) comply with any requirement of the Surveyor-General, notice of which is served on the surveyor within 30 days of the date on which the surveyor notified the Surveyor-General of the deferment.(3) On completion of the construction or development, the surveyor must:(a) place the deferred survey marks, and(b) have their nature and position noted on the survey plan in the manner approved by the Registrar-General, and(c) inform the Surveyor-General that the survey has been carried out in compliance with this Regulation.(4) If the Surveyor-General is satisfied that the survey has been satisfactorily completed, the deposit must be returned to the surveyor less an administrative charge not exceeding 15 per cent of the amount deposited.(5) If the placement of survey marks has been deferred under this clause, the marks must be placed no later than the earlier of the following days:(a) the day that falls 6 months after the completion of the survey, or(b) the day that falls 28 days after the completion of the construction or development.cll 60–62: Am 25.6.2003.
61 Exemption by Surveyor-General
(1) If the Surveyor-General is of the opinion that it is not practicable or necessary to comply with a requirement under this Regulation in relation to a survey, the Surveyor-General may in writing exempt the surveyor conducting the survey from complying with the requirement.(2) A surveyor who obtains an exemption under this clause must record the exemption number or type, and the clause or clauses that the exemption relates to, on the survey plan.cll 60–62: Am 25.6.2003.
62 Effect of contravention
If a survey or surveyor fails to comply with a provision of this Regulation, that failure does not constitute an offence, but, subject to section 13 of the Act (Professional misconduct), constitutes a ground for action by the board under that section against the relevant surveyor.cll 60–62: Am 25.6.2003.
62A Removal etc of survey marks
(1) An application for an authorisation referred to in section 24 (1) of the Act must be made to the Surveyor-General at least 14 days before the date on which the applicant intends to remove, damage, destroy, obliterate or deface the survey mark in respect of which the authorisation is sought.(2) Subclause (1) applies only to permanent survey marks and reference marks.cl 62A: Ins 25.6.2003.
62B Complaints against registered surveyors
Complaints with respect to the conduct of a registered surveyor may be made to the Board, and are to be dealt with, in accordance with the document entitled Policy for the Consideration of Complaints Against Surveyors issued by the Board as in force from time to time.cl 62B: Ins 2005 No 53, Sch 2 [2].
63 Savings provision
Any act, matter or thing that had effect under the Survey (Practice) Regulation 1996 immediately before the repeal of that Regulation by the Subordinate Legislation Act 1989 is taken to have effect under this Regulation.
Schedule 1 Forms
(Clause 4 (2))
Form 1 Survey certificate
(Surveying Regulation 2001—Clause 10)
I, [Insert Name] of [Insert Address], a surveyor registered under the Surveying Act 2002, certify that the survey represented in this plan is accurate, has been made in accordance with the Surveying Regulation 2001 and was completed on: [Insert date of completion of survey].
The survey relates to: | [Specify the land actually surveyed, or specify any land shown in the plan that is not the subject of the survey] |
Dated:
(Signature)
Form 2 Notice of entry
(Surveying Regulation 2001—Clause 11)
To the occupier of: [Insert reference to land proposed to be entered]
I, [Insert Name] of [Insert Address], in my capacity as [Insert capacity of person concerned, such as “a surveyor” or “an authorised person”], give notice under section 19 of the Surveying Act 2002 that I intend to enter the land referred to above on: [Insert dates of proposed entry] together with my assistants for purposes relating to the making of a survey.
Dated:
(Signature)
Form 2A Certificate of authority
(Surveying Regulation 2001—Clause 11A)
Board of Surveying and Spatial Information
[photo] | I certify that: [Name of person] Identification number: is [Insert capacity of cardholder, such as “a surveyor” or “an authorised person”] and is authorised to exercise the powers of entry conferred by Part 4 of the Surveying Act 2002 | |
Date of issue DD/MM/YY | Surveyor-General |
Form 3 Certificate as to survey not requiring strict accuracy
(Surveying Regulation 2001—Clause 29)
I, [Insert Name] of [Insert Address], a surveyor registered under the Surveying Act 2002, certify that the survey represented in this plan (or sketch) was made in accordance with clause 29 of the Surveying Regulation 2001 and [is/is not]* a survey to be lodged on public record as referred to in that clause.
* Strike out inappropriate words.
sch 1: Subst 25.6.2003.
Schedule 2 Boundary marks
(Clause 43)
Mark | Form or style of mark | Requirements for placement and use of mark |
Peg | Peg of sound durable hardwood or white cypress pine pointed for about two-thirds of its length. Rural surveys—At least 450mm long and not less than 75mm by 75mm nominal section at the top end. Urban surveys—At least 350mm long and not less than 75mm by 35mm nominal section at the top end. | • The centre of the top of a peg must represent the survey point except that, if conditions prevent the correct centring of a peg, the survey point may be represented by a non-corrodible tack or nail driven into the peg. • Peg must be placed upright in the ground, point downwards, so that its top is not more than 80mm above the ground level. The earth surrounding it must be securely compacted. • If a peg projecting above the surface of the ground could be hazardous or inconvenient to the public the peg may, at the discretion of the surveyor, be placed flush with the surface of the ground. If that is done, the fact must be noted on the plan of survey. • When the depth of soil is insufficient to permit the conventional placement of a peg, then: |
Drill hole | Drill hole of not less than 6mm in diameter and not less than 10mm deep. | • Drilled into rock, concrete or substantial structure. • If practicable, a chiselled wing must be cut and directed to the mark. |
Non-corrodible nail | Non-corrodible nail at least 80mm long. | • Driven completely into fixed timber. • If practicable, a chiselled wing must be cut and directed to the mark. |
Non-corrodible rod or spike | Non-corrodible rod or spike at least 150mm long. | • Only to be used if the placement of a peg is not practicable. • Driven flush to the surface. |
Broad arrow | Broad arrow at least 80mm long, 20mm wide and 10 mm deep at the base, pointed at one end. | • Cut in rock, concrete, substantial structure or fixed timber. |
Lockspit | A trench, or line of packed stones, not less then one metre long, 200mm wide, 150mm deep and commencing 300mm from each boundary mark. | • Dug or placed in the direction of the boundary lines. • If the type of soil renders trenches ineffective, direction stakes not less than 50mm by 30mm by 450mm may be placed in the direction of the boundary lines 4 metres distant from the corner. |
Chiselled wing | Chiselled wing at least 80mm long, 20mm wide and 10 mm deep at the base, pointed at one end. | • Cut in rock, concrete, substantial structure or fixed timber. • Not to be used by itself as a boundary mark. |
Approved mark | A mark of a durable character approved for specific terrain. | • As approved by the Surveyor General. |
schs 2–6: Ins 25.6.2003.
Schedule 3 Reference marks
(Clause 43)
Mark | Form or style of mark | Requirements for placement and use of mark |
Permanent Survey Mark | As for the Permanent Survey Marks described in Schedule 4. | • As specified in Schedule 4. |
Drill hole | Drill hole not less than 6mm in diameter and not less than 10mm deep. | • Drilled into rock, concrete or substantial structure. • A chiselled wing must be cut and directed to the mark. |
Chiselled wing | Chiselled wing at least 80mm long, 20mm wide and 10 mm deep at the base, pointed at one end. | • Cut in a substantial structure, fixed timber or the sound wood of a suitable tree. • The point of the chiselled wing being the reference point, the chiselled wing to face towards the relevant corner. • Placed at a convenient height above ground level. |
Broad arrow | Broad arrow comprising of three chiselled wings at least 80mm long, 20mm wide and 10 mm deep at the base, pointed at one end. | • Cut in rock, concrete, substantial structure, fixed timber or the sound wood of a suitable tree. • The point of the chiselled wing being the reference point. • Faced towards the relevant corner. • Placed at a convenient height above ground level. |
Metal spike or galvanised iron pipe | Metal spike at least 300mm long. If a solid metal spike, an external diameter of at least 20 mm. If a pipe, an internal diameter of at least 20mm and a rim wall thickness of at least 3mm. | • Placed vertically and at least 80mm below the surface of the ground, or deeper if placed below where fencing is likely to be erected. |
Specific point | A specific point, on a permanent or substantial structure. | • The specific point must be adequately described. • If practicable, a chiselled wing must be cut and directed to the mark. |
Galvanised star picket | Galvanised star picket at least 450mm in length. | • Placed vertically and at least 80mm below the surface of the ground, or deeper if placed below where fencing is likely to be erected. |
Non-corrodible nail | Non-corrodible nail at least 80mm long. | • Driven completely into fixed timber. • If practicable, a chiselled wing must be cut and directed to the mark. |
PVC pipe | PVC pipe at least one metre in length and 20mm in internal diameter, made of material with a thickness of at least 3mm. | • For use in swampy or marsh areas. • Placed vertically. |
Glass bottle | Glass bottle filled with sand, soil, cement or other similar material and at least 200mm in length and 30mm in neck diameter. | • Placed vertically and at least 80mm below the surface of the ground, or deeper if placed below where fencing is likely to be erected. |
Reinforced concrete block | Reinforced concrete block in the form of a truncated pyramid 400mm long, 150mm square (at the lower end) and 100mm square (at the upper end) into the top of which a non-corrodible nail or plug not less than 80mm long has been inserted at least 75mm deep. | • Placed vertically and at least 80mm below the surface of the ground, or deeper if placed below where fencing is likely to be erected. |
Approved mark | A mark of a durable character approved for specific terrain. | • As approved by the Surveyor General. |
schs 2–6: Ins 25.6.2003.
Schedule 4 Permanent survey marks
(Clause 43)
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Type 2 (State Survey Mark)%20AND%20(No%3D0682)%20AND%20(Year%3D2001)%20AND%20(%22Historical%20Document%22%3D0))/g2.gif)
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Type 6 (Non Urban Type)%20AND%20(No%3D0682)%20AND%20(Year%3D2001)%20AND%20(%22Historical%20Document%22%3D0))/g4.gif)
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Type 8 (D.W.R. “C-Type” Mark)%20AND%20(No%3D0682)%20AND%20(Year%3D2001)%20AND%20(%22Historical%20Document%22%3D0))/g6.gif)
Type 9 (Trigonmetrical Station)%20AND%20(No%3D0682)%20AND%20(Year%3D2001)%20AND%20(%22Historical%20Document%22%3D0))/g7.gif)
Type 10 (Rooftop Pillar)%20AND%20(No%3D0682)%20AND%20(Year%3D2001)%20AND%20(%22Historical%20Document%22%3D0))/g8.gif)
schs 2–6: Ins 25.6.2003.
Schedule 5 Conventional symbols and signs
(Clause 59C)
Conventional Signs and Symbols to be used on Plans%20AND%20(No%3D0682)%20AND%20(Year%3D2001)%20AND%20(%22Historical%20Document%22%3D0))/g9.gif)
schs 2–6: Ins 25.6.2003.
Schedule 6 Fees and deposits
(Clause 4K)
Column 1 | Column 2 | Column 3 |
Item | Matter for which fee or deposit payable | Fee |
1 | Application to sit for Board examination | $250 per subject |
2 | Application to enrol in recognised professional training agreement | $60 |
3 | Relodgment of application to enrol in recognised professional training agreement | $30 |
4 | Variation of application to enrol in recognised professional training agreement | $30 |
5 | Submission of recognised professional training agreement report | $200 per report |
6 | Resubmission of recognised professional training agreement report | $100 |
7 | Final interview (recognised professional training agreement report) | $200 |
8 | Application for granting of registration | $60 |
9 | Application for restoration of registration | $150 |
10 | Application for replacement of certificate of registration | $60 |
11 | Annual administration fee | $360 or, in the case of registration as both a land surveyor and mining surveyor, $240 in respect of each registration |
12 | Application to inspect register of public surveys | $25 |
13 | Extract from register of public surveys (per entry) | $4 |
14 | Extract from register of surveyors (per entry) | $4 |
15 | Application for certificate of authority | $80 |
16 | Deposit payable for deferred placement of survey marks | $750, or $250 per survey mark, whichever is the greater |
17 | Application for Board’s determination that a person’s abilities and experience qualify the person to be a survey drafter or surveyor’s assistant | $80 |
18 | Application to be a student of surveying, survey drafter or surveyor’s assistant | $80 |
19 | Supply of evidentiary certificate under section 55 of the Licensing and Registration (Uniform Procedures) Act 2002 | $60 |
schs 2–6: Ins 25.6.2003.