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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Surveying Amendment Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Surveying Act 2002 No 83 3
Schedule 2 Consequential amendment of other Acts and instruments 7
b2009-038-06.d11
New South Wales
Surveying Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the Surveying Act 2002 in relation to the objects of that Act and the
carrying out of land and mining surveys; and for other purposes.
Clause 1 Surveying Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Surveying Amendment Act 2009. 3
2 Commencement 4
This Act commences on the date of assent. 5
Page 2
Surveying Amendment Bill 2009
Amendment of Surveying Act 2002 No 83 Schedule 1
Schedule 1 Amendment of Surveying Act 2002 No 83 1
[1] Section 1 Name of Act 2
Insert "and Spatial Information" after "Surveying". 3
[2] Section 2A 4
Insert after section 2: 5
2A Objects of Act 6
The objects of this Act are: 7
(a) to provide for the registration of land surveyors and mining 8
surveyors to ensure that only appropriately qualified 9
persons carry out land surveys and mining surveys, and 10
(b) to ensure that registered surveyors provide services to the 11
public in a professional and competent manner, and 12
(c) to provide for the maintenance of a State cadastre and 13
ensure its integrity, and 14
(d) to provide for the co-ordination of surveys carried out by 15
public authorities and for the establishment of a State 16
control survey, and 17
(e) to provide for the investigation of, and the giving of advice 18
to the Government relating to, the collection, collation and 19
dissemination of spatial information other than surveys. 20
[3] Section 3 Definitions 21
Insert in alphabetical order in section 3 (1): 22
firm means a corporation or a partnership or other unincorporated 23
association of persons. 24
State cadastre means an inventory that records boundaries, 25
dimensions and measurements on, above or below the Earth's 26
surface for the purpose of defining rights, interests, restrictions 27
and responsibilities within the jurisdiction of New South Wales. 28
[4] Section 3 (1), definition of "Department" 29
Omit the definition. Insert instead: 30
Department means the Land and Property Management 31
Authority. 32
Page 3
Surveying Amendment Bill 2009
Schedule 1 Amendment of Surveying Act 2002 No 83
[5] Section 3 (1), definition of "land survey" 1
Insert after paragraph (c): 2
(c1) the preparation of documents required to be prepared 3
under the Strata Schemes (Freehold Development) Act 4
1973 or the Strata Schemes (Leasehold Development) Act 5
1986 by a registered land surveyor, or 6
[6] Part 2 7
Omit the heading to the Part. Insert instead: 8
Part 2 Provisions relating to co-ordination, 9
collection and maintenance of certain 10
State cadastral information 11
[7] Section 21 Unregistered persons not to practise land surveying 12
Insert after section 21 (3): 13
(4) Subsection (1) does not apply to a firm, or a member or partner 14
of a firm, in the circumstances referred to in section 22A. 15
[8] Section 22 Unregistered persons not to practise mining surveying 16
Insert after section 22 (3): 17
(4) Subsection (1) does not apply to a firm, or a member or partner 18
of a firm, in the circumstances referred to in section 22A. 19
[9] Section 22A 20
Insert after section 22: 21
22A Firms offering land and mining surveying services 22
(1) A firm, or a member or partner of a firm, does not commit an 23
offence against section 21 (1) or 22 (1) if: 24
(a) a land survey or mining survey is carried out in the name 25
of, or on behalf of, the firm for fee or reward, or 26
(b) the firm is advertised as willing to carry out land surveys 27
or mining surveys for fee or reward, 28
so long as the requirements of this section are complied with. 29
(2) Any land survey carried out in the name of, or on behalf of, the 30
firm for fee or reward may be carried out only by: 31
(a) a registered land surveyor, or 32
Page 4
Surveying Amendment Bill 2009
Amendment of Surveying Act 2002 No 83 Schedule 1
(b) a student of surveying, or a surveyor's assistant, acting 1
under the general supervision of a registered land 2
surveyor, or 3
(c) another person acting under the immediate supervision of 4
a registered land surveyor. 5
(3) Any mining survey carried out in the name of, or on behalf of, the 6
firm for fee or reward may be carried out only by: 7
(a) a registered mining surveyor, or 8
(b) a student of surveying, or a surveyor's assistant, acting 9
under the general supervision of a registered mining 10
surveyor, or 11
(c) another person acting under the immediate supervision of 12
a registered mining surveyor. 13
[10] Section 27 Constitution of Board 14
Omit section 27 (2) (e). Insert instead: 15
(e) between one and three are to be persons appointed by the 16
Minister from persons nominated by such relevant 17
professional associations as the Minister determines and 18
that comprise persons involved in the spatial information 19
industry or bodies of persons involved in that industry, and 20
[11] Section 28 Functions of Board 21
Insert after section 28 (1) (f): 22
(f1) the provision of advice to the Minister on the maintenance 23
of the integrity of the State cadastre, 24
[12] Section 29 25
Insert after section 28: 26
29 Provision of information by Board 27
(1) The Board may provide information to the public in respect of the 28
discipline of surveying (including, in particular, land surveying 29
and mining surveying) and related disciplines. 30
(2) Without limiting subsection (1), the Board may, if it considers it 31
appropriate to do so, provide any of the following information to 32
the public: 33
(a) information in respect of firms that undertake surveying 34
services, 35
Page 5
Surveying Amendment Bill 2009
Schedule 1 Amendment of Surveying Act 2002 No 83
(b) information in respect of retired or non-practising 1
surveyors, 2
(c) information in respect of practitioners in disciplines 3
related to the discipline of surveying. 4
[13] Section 36 Regulations 5
Insert after section 36 (2) (j): 6
(k) prescribing what constitutes immediate supervision or 7
general supervision for the purposes of all or any of the 8
provisions of this Act (including authorising a person or 9
body to determine what constitutes such supervision). 10
[14] Schedule 3 Savings, transitional and other provisions 11
Insert at the end of clause 1 (1): 12
Surveying Amendment Act 2009 13
Page 6
Surveying Amendment Bill 2009
Consequential amendment of other Acts and instruments Schedule 2
Schedule 2 Consequential amendment of other Acts 1
and instruments 2
2.1 Administrative Decisions Tribunal Regulation 2009 3
Clause 5 Reviewable decisions excluded from internal review 4
Omit "Surveying Act 2002" from clause 5 (k). 5
Insert instead "Surveying and Spatial Information Act 2002". 6
2.2 Coal Mine Health and Safety Regulation 2006 7
[1] Clause 3 Definitions 8
Omit "Surveying Act 2002" wherever occurring in the definitions of registered 9
mining surveyor and surveying and drafting directions in clause 3 (1). 10
Insert instead "Surveying and Spatial Information Act 2002". 11
[2] Part 4, Division 6 12
Omit the note appearing under the heading to the Division. Insert instead: 13
Note. The qualifications required of a person preparing plans required 14
by or under the Act and requirements for the content and standard of 15
preparation of those plans are subject to provisions in or under the 16
Surveying and Spatial Information Act 2002. 17
2.3 Community Land Development Regulation 2007 18
Clauses 13 (4) (b),19 (4) (b), 24 (4) (b) and 29 (5) and the note to clause 29 19
Omit "Surveying Act 2002" wherever occurring. 20
Insert instead "Surveying and Spatial Information Act 2002". 21
2.4 Conveyancing Act 1919 No 6 22
Sections 131, 195C (1) (c) and 196C, definition of "Australian Height 23
Datum" 24
Omit "Surveying Act 2002" wherever occurring. 25
Insert instead "Surveying and Spatial Information Act 2002". 26
Page 7
Surveying Amendment Bill 2009
Schedule 2 Consequential amendment of other Acts and instruments
2.5 Conveyancing (General) Regulation 2008 1
Clauses 3 (1), definition of "plan of survey", 24 (2) (b) (i) and 35 (1) (c) 2
Omit "Surveying Act 2002" wherever occurring. 3
Insert instead "Surveying and Spatial Information Act 2002". 4
2.6 Crown Lands (Continued Tenures) Act 1989 No 7 5
Schedule 7 Purchase of land held under lease 6
Omit "Surveying Act 2002" from clause 14 (2). 7
Insert instead "Surveying and Spatial Information Act 2002". 8
2.7 Defamation Act 2005 No 77 9
Schedule 1 Additional publications to which absolute privilege applies 10
Omit "Surveying Act 2002" wherever occurring in clause 32. 11
Insert instead "Surveying and Spatial Information Act 2002". 12
2.8 Dividing Fences Act 1991 No 72 13
Section 18 Procedure for defining boundary line 14
Omit "Surveying Act 2002" from section 18 (6). 15
Insert instead "Surveying and Spatial Information Act 2002". 16
2.9 Encroachment of Buildings Act 1922 No 23 17
Sections 3 (4) and 9 (3) 18
Omit "Surveying Act 2002" wherever occurring. 19
Insert instead "Surveying and Spatial Information Act 2002". 20
2.10 Environmental Planning and Assessment Regulation 2000 21
Clause 157 Applications for subdivision certificates 22
Omit "Surveying Act 2002" from clause 157 (4). 23
Insert instead "Surveying and Spatial Information Act 2002". 24
Page 8
Surveying Amendment Bill 2009
Consequential amendment of other Acts and instruments Schedule 2
2.11 Lake Illawarra Authority Act 1987 No 285 1
Section 17 Vesting of the development area in the Authority 2
Omit "Surveying Act 2002" from section 17 (4). 3
Insert instead "Surveying and Spatial Information Act 2002". 4
2.12 Licensing and Registration (Uniform Procedures) Act 2002 5
No 28 6
Schedule 2 Registration to which Part 3 of Act applies 7
Omit "Surveying Act 2002". 8
Insert instead "Surveying and Spatial Information Act 2002". 9
2.13 Mine Health and Safety Regulation 2007 10
Clause 3 (1), definitions of "registered mining surveyor" and "surveying 11
and drafting instructions" and note to Part 7 12
Omit "Surveying Act 2002" wherever occurring. 13
Insert instead "Surveying and Spatial Information Act 2002". 14
2.14 Mining Act 1992 No 29 15
Section 371 and Dictionary, definition of "registered surveyor" 16
Omit "Surveying Act 2002" wherever occurring. 17
Insert instead "Surveying and Spatial Information Act 2002". 18
2.15 Mining Regulation 2003 19
Clause 3 Definitions 20
Omit "Surveying Act 2002" wherever occurring in the definitions of 21
Geocentric Datum of Australia and statutory surveying requirements in 22
clause 3 (1). 23
Insert instead "Surveying and Spatial Information Act 2002". 24
2.16 Native Vegetation Act 2003 No 103 25
Section 25 Legislative exclusions 26
Omit "Surveying Act 2002" from section 25 (r). 27
Insert instead "Surveying and Spatial Information Act 2002". 28
Page 9
Surveying Amendment Bill 2009
Schedule 2 Consequential amendment of other Acts and instruments
2.17 Offshore Minerals Act 1999 No 42 1
Section 10 Position on the Earth's surface 2
Omit "Surveying Act 2002" from section 10 (1). 3
Insert instead "Surveying and Spatial Information Act 2002". 4
2.18 Parliamentary Electorates and Elections Act 1912 No 41 5
Section 14A Manner of identifying boundaries of electoral districts 6
Omit "Surveying Act 2002" from the note to the section. 7
Insert instead "Surveying and Spatial Information Act 2002". 8
2.19 Petroleum (Offshore) Act 1982 No 23 9
Section 7 Ascertaining points and other matters 10
Omit "Surveying Act 2002" from section 7 (1). 11
Insert instead "Surveying and Spatial Information Act 2002". 12
2.20 Petroleum (Onshore) Act 1991 No 84 13
Sections 5 and 99 (2) 14
Omit "Surveying Act 2002" wherever occurring. 15
Insert instead "Surveying and Spatial Information Act 2002". 16
2.21 Petroleum (Onshore) Regulation 2007 17
Clause 4 Drawing of plans: section 13 18
Omit "Surveying Act 2002" from clause 4 (3). 19
Insert instead "Surveying and Spatial Information Act 2002". 20
2.22 Protection of the Environment Operations (Waste) 21
Regulation 2005 22
Clause 4 Definitions 23
Omit "Surveying Act 2002" from paragraph (a) of the definition of qualified 24
surveyor in clause 4 (1). 25
Insert instead "Surveying and Spatial Information Act 2002". 26
Page 10
Surveying Amendment Bill 2009
Consequential amendment of other Acts and instruments Schedule 2
2.23 Real Property Act 1900 No 25 1
Sections 3 (1) (a), definition of "Plan of survey" and 135F (1) 2
Omit "Surveying Act 2002" wherever occurring. 3
Insert instead "Surveying and Spatial Information Act 2002". 4
2.24 Real Property Regulation 2008 5
Schedule 5 Requirements for plans annexed to or endorsed on dealings 6
(other than leases of premises) or caveats 7
Omit "Surveying Act 2002" from item 3 (e). 8
Insert instead "Surveying and Spatial Information Act 2002". 9
2.25 Road Transport (Safety and Traffic Management) Act 1999 10
No 20 11
Section 43A Average speed of heavy vehicle is evidence of actual speed 12
in certain circumstances 13
Omit "Surveying Act 2002" from section 43A (10). 14
Insert instead "Surveying and Spatial Information Act 2002". 15
2.26 Strata Schemes (Freehold Development) Act 1973 No 68 16
Sections 5 (1), definition of "registered land surveyor" and 8 (6) (a) 17
Omit "Surveying Act 2002" wherever occurring. 18
Insert instead "Surveying and Spatial Information Act 2002". 19
2.27 Strata Schemes (Leasehold Development) Act 1986 No 219 20
Sections 4 (1), definition of "registered land surveyor" and 7 (2E) (b) 21
Omit "Surveying Act 2002" wherever occurring. 22
Insert instead "Surveying and Spatial Information Act 2002". 23
2.28 Surveying Regulation 2006 24
[1] Clause 1 Name of Regulation 25
Insert "and Spatial Information" after "Surveying". 26
Page 11
Surveying Amendment Bill 2009
Schedule 2 Consequential amendment of other Acts and instruments
[2] Clause 5 (1), definition of "the Act" and Schedule 1 1
Omit "Surveying Act 2002" wherever occurring. 2
Insert instead "Surveying and Spatial Information Act 2002". 3
[3] Schedule 1 4
Omit "Surveying Regulation 2006" wherever occurring. 5
Insert instead "Surveying and Spatial Information Regulation 2006". 6
2.29 Very Fast Train (Route Investigation) Act 1989 No 44 7
Section 3, definition of "survey" 8
Omit "Surveying Act 2002". 9
Insert instead "Surveying and Spatial Information Act 2002". 10
2.30 Western Lands Act 1901 No 70 11
Schedule 4 Provisions relating to purchases of certain leased land 12
Omit "Surveying Act 2002" from clause 13 (2). 13
Insert instead "Surveying and Spatial Information Act 2002". 14
Page 12
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