New South Wales Consolidated Acts

SURVEYING ACT 2002 - SECT 9A

9A Correction of survey errors

(1) A survey regulator may, by notice in writing, require a registered surveyor to correct within the time specified in the notice any error in a survey made by that surveyor.

Note: Failure to comply with a notice under this section is professional misconduct for the purposes of section 13 of this Act.

(2) If a registered surveyor does not comply with a notice under this section, the survey regulator who issued the notice may engage another registered surveyor to make the correction.

(3) Any costs or expenses incurred by or on behalf of a survey regulator under subsection (2) may be recovered in any court of competent jurisdiction as a debt due to the Crown from the registered surveyor to whom the notice under this section was issued.

(4) In any proceedings instituted for the recovery from a registered surveyor of a debt due to the Crown under this section, a certificate of the survey regulator who engaged another surveyor under subsection (2) that stating a specified amount is the amount of the debt so due is evidence of that fact.

(5) A debt due by any person to the Crown under this section is recoverable whether or not the person is found guilty of professional misconduct under section 13.

(6) In this section, "survey regulator" means:

(a) in relation to a land survey undertaken by a registered land surveyor:

(i) the Surveyor-General, and

(ii) the Registrar-General, or

(b) in relation to a mining survey undertaken by a registered mining surveyor:

(i) the Chief Inspector of Mines, and

(ii) the Chief Inspector appointed under the Coal Mine Health and Safety Act 2002 .