New South Wales Consolidated Acts

SURVEYING ACT 2002 - SECT 3

3 Definitions

(1) In this Act:
"Australian Height Datum" means the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
"Board" means the Board of Surveying and Spatial Information constituted by section 27.
"Department" means the Department of Lands.
"exercise" a function includes perform a duty.
"formal land survey plan" means a survey plan describing the results of a land survey, being a plan prepared in accordance with the regulations by or on behalf of a registered land surveyor.
"formal mining survey plan" means a survey plan describing the results of a mining survey, being a plan prepared in accordance with the regulations by or on behalf of a registered mining surveyor.
"formal survey plan" means a formal land survey plan or a formal mining survey plan.
"function" includes power, authority or duty.
"Geocentric Datum of Australia" means the datum surface approximating the shape of the earth’s surface that was adopted by the Intergovernmental Committee for Surveying and Mapping in May 1990.

Note: The datum surface is described in a notice published by the Surveyor-General in Gazette No 88 of 8 August 1997, at pages 6127 and 6128, and designated in that notice as “The Geocentric Datum of Australia (GDA)”.

"land survey" means a survey (other than a mining survey) that is carried out in connection with:

(a) the reservation or dedication of land for any purpose, or

(b) the creation, variation, transfer or extinguishment of any interest in land, or

(c) the preparation of a plan for lodgment under Division 3 of Part 23 of the Conveyancing Act 1919 , or

(d) the identification or marking out, or both, of the boundaries of a parcel of land.

"mining survey" means a survey that is carried out for the purposes of the Coal Mine Health and Safety Act 2002 or the Mine Health and Safety Act 2004 .
"permanent survey mark" means a survey mark that is in a form or style declared by the regulations to be the form or style for a permanent survey mark under this Act.
"public authority" means any Government Department, local government authority, State owned corporation or statutory body representing the Crown.
"public survey" means a survey in respect of which details are included in the register of public surveys.
"register of public surveys" means the register referred to in section 7.
"register of surveyors" means the register referred to in section 15.
"registered land surveyor" means a person who is registered as a land surveyor under this Act.
"registered mining surveyor" means a person who is registered as a mining surveyor under this Act.
"registered surveyor" means a registered land surveyor or registered mining surveyor.
"Registrar of the Board" means the Registrar of the Board holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service.
"spatial information" -see section 3A.
"State control survey" means the State control survey referred to in section 4 (1).
"student of surveying" has the meaning given to that expression by the regulations.
"survey", when used as a noun, means an activity that includes any of the following:

(a) the taking of measurements of distance, height, depth, level or direction in relation to land, including the air space above land and the subsurface below land and including land covered by water,

(b) the insertion of survey marks in or on any land,

(c) the recording of any measurements so taken and the location of any survey marks so inserted,

(d) the collating of any measurements and locations so recorded,

(e) the preparation of plans or other documents (whether in writing or in electronic form) to illustrate the results of any such measurements or the location of any such survey marks,

but does not include any activity involved in mapping or the preparation of navigational charts or any other activity declared by the regulations not to be a survey.
"survey drafter" has the meaning given to that expression by the regulations.
"survey mark" means a mark that is in a form or style declared by the regulations to be the form or style for a survey mark under this Act.
"survey plan" means a plan of the kind referred to in paragraph (e) of the definition of "survey".
"Surveyor-General" means the person holding office or acting as the Surveyor-General under Chapter 2 of the Public Sector Employment and Management Act 2002 .
"surveyor’s assistant" has the meaning given to that expression by the regulations.

(2) Notes in the text of this Act do not form part of this Act.