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Queensland
SURVEY AND MAPPING
INFRASTRUCTURE BILL 2003
Queensland
SURVEY AND MAPPING
INFRASTRUCTURE BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 2--SURVEY STANDARDS AND SURVEY GUIDELINES
6 Survey standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Survey guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Consultation for survey standard or survey guideline . . . . . . . . . . . . . . . . . . 10
9 When survey standards and survey guidelines have effect . . . . . . . . . . . . . . 11
10 Public access to survey standards and survey guidelines . . . . . . . . . . . . . . . 11
11 Inconsistencies between survey standards and survey guidelines. . . . . . . . . 11
12 Regulation may make provision about survey standard and survey guideline
matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 3--CARRYING OUT SURVEYS
Division 1--Obligations of surveyors, surveying associates and
surveying graduates
13 Compliance with survey standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 How to comply with survey standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Obligation on person placing permanent survey mark . . . . . . . . . . . . . . . . . 13
16 Obligation on cadastral surveyor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Resolving inconsistencies between plans of survey . . . . . . . . . . . . . . . . . . . 13
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Survey and Mapping Infrastructure Bill 2003
Division 2--Exemption from survey standard
18 Application for exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Review of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Surveyors' powers
21 Power to place a permanent survey mark . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
22 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Surveyor's notice of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
24 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
25 Power to uncover buried survey mark . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 4--Other matters about the exercise of surveyors' powers
26 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27 Obstructing a surveyor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 5--Correcting survey errors
28 Correcting survey errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
29 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
30 Considering submissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
31 Giving correction notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 6--Miscellaneous
32 Authority for cadastral surveyor to act for another in
particular circumstances .................................... 20
PART 4--SURVEY MARKS
Division 1--Establishing recognised permanent survey marks
33 State surveys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
34 Chief executive may obtain information about survey marks placed other
than in carrying out a State survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
35 Establishing survey marks as recognised permanent survey marks . . . . . . . 23
36 Removing or changing classification of recognised permanent survey mark 23
Division 2--Maintaining recognised permanent survey marks
37 Responsibility for recognised permanent survey marks placed in carrying
out State surveys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
38 Responsibility for recognised permanent survey marks on State-controlled
roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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Survey and Mapping Infrastructure Bill 2003
39 Responsibility for recognised permanent survey marks on local government
controlled roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
40 Responsibility for recognised permanent survey marks on land, other than
roads, controlled by a public authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
41 Notifying public authority about responsibility for recognised permanent
survey marks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 3--Interfering with survey marks
42 Offence about interfering with survey mark . . . . . . . . . . . . . . . . . . . . . . . . . 25
43 Authority to interfere with recognised permanent survey mark . . . . . . . . . . 26
44 Reinstating recognised permanent survey mark . . . . . . . . . . . . . . . . . . . . . . 27
Division 4--Miscellaneous
45 Reporting and recording changes in recognised permanent survey mark . . . 27
PART 5--RECORDING SURVEY AND MAPPING
INFORMATION
Division 1--State datasets
Subdivision 1--State digital cadastral dataset
46 State digital cadastral dataset . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
47 Effect and use of information in State digital cadastral dataset . . . . . . . . . . 29
Subdivision 2--Other State datasets
48 Administrative area boundary dataset . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
49 Public authority may give chief executive information about administrative
area boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 State remotely sensed image library . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
51 Survey control register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
52 Other datasets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Subdivision 3--Other provisions about State datasets
53 Chief executive may arrange for another entity to keep a State dataset . . . . 31
54 Access to information in State datasets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2--Obligations of persons to provide information and data for
survey and mapping infrastructure purposes
55 Surveyor's obligation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
56 Public authority's obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
PART 6--ADMINISTRATIVE AREAS
Division 1--Defining administrative areas
57 Ways of defining an administrative area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
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Survey and Mapping Infrastructure Bill 2003
Division 2--Working out administrative area boundaries
58 Application of div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
59 Meaning of particular words used in describing an administrative area
boundary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
60 References to features forming part of an administrative area boundary . . . 35
61 Working out an administrative area boundary shown on a plan . . . . . . . . . . 36
PART 7--MISCELLANEOUS
62 Evidentiary provisions about State remotely sensed image . . . . . . . . . . . . . 36
63 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
64 Deciding fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
65 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
66 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART 8--TRANSITIONAL PROVISIONS AND REPEALS
Division 1--Transitional provisions
67 Existing State control survey. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
68 Existing established permanent marks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
69 Existing survey control database . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
70 References to Administrative Boundaries Terminology Act 1985 . . . . . . . . 39
71 References to repealed Survey Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 2--Repeals
72 Acts repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 9--OTHER ACTS AMENDED
Division 1--Land Title Act 1994
73 Act amended in div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
74 Amendment of s 30 (Registrar must register instruments) . . . . . . . . . . . . . . 40
Division 2--Mineral Resources Act 1989
75 Act amended in div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
76 Amendment of s 57 (Manner of marking out land proposed to be subject of
mining claim) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
77 Section 241 (Manner of marking out land proposed to be subject of mining
lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
78 Amendment of s 300 (Assignment, mortgage or sublease of mining lease) . 41
79 Amendment of s 407 (Minister may require survey) . . . . . . . . . . . . . . . . . . 41
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Survey and Mapping Infrastructure Bill 2003
80 Amendment of s 408 (Surveyor not to have interest) . . . . . . . . . . . . . . . . . . 41
81 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 42
DICTIONARY
2003
A BILL
FOR
An Act to provide for developing, maintaining and improving the
State's survey and mapping infrastructure, and for other
purposes
s1 8 s3
Survey and Mapping Infrastructure Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Survey and Mapping Infrastructure Act 4
2003. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Purposes of Act 8
(1) The main purposes of this Act are to provide for the following-- 9
(a) developing, maintaining and improving the State survey and 10
mapping infrastructure; 11
(b) maintaining and improving cadastral boundaries throughout the 12
State and information held by the department about the 13
boundaries; 14
(c) coordinating and integrating survey and mapping information; 15
(d) improving public access to survey and mapping information; 16
(e) defining administrative areas, and describing and working out 17
administrative area boundaries. 18
(2) The purposes are to be achieved mainly by providing for the 19
following-- 20
(a) the making of standards and guidelines for achieving an 21
acceptable level of survey quality; 22
(b) the obligations and powers of persons carrying out surveys; 23
(c) the establishment and maintenance of recognised permanent 24
survey marks; 25
(d) the recording of survey and mapping information, including the 26
establishment of the following State datasets-- 27
s4 9 s6
Survey and Mapping Infrastructure Bill 2003
(i) the administrative area boundary dataset; 1
(ii) the State remotely sensed image library; 2
(iii) the State digital cadastral dataset; 3
(iv) the survey control register. 4
4 Act binds all persons 5
(1) This Act binds all persons, including the State, and, as far as the 6
legislative power of the Parliament permits, the Commonwealth. 7
(2) Nothing in this Act makes the Commonwealth or the State liable to 8
be prosecuted for an offence. 9
5 Definitions 10
The dictionary in the schedule defines particular words used in this Act. 11
PART 2--SURVEY STANDARDS AND SURVEY 12
GUIDELINES 13
6 Survey standards 14
(1) The chief executive may make written standards for surveying 15
("survey standards") to achieve an acceptable level of survey quality. 16
(2) A survey standard must-- 17
(a) be consistent with the principles, stated in a regulation, to be 18
applied in carrying out a survey; and 19
(b) state-- 20
(i) the area to which it applies; and 21
(ii) the type of survey to which it applies. 22
(3) A survey standard may be made about all or any of the following for 23
a survey-- 24
(a) the coordinate reference framework to be used; 25
(b) the information to be collected; 26
s7 10 s8
Survey and Mapping Infrastructure Bill 2003
(c) the information to be shown on the plan of survey, including how 1
the information must be shown; 2
(d) the accuracy level to be achieved; 3
(e) the characteristics of the survey marks to be used; 4
(f) another matter prescribed under a regulation for this subsection. 5
(4) The coordinate reference framework mentioned in subsection (3)(a) 6
must be consistent with the geodetic reference framework prescribed under 7
a regulation for use for surveying and mapping in the State. 8
(5) A survey standard is a statutory instrument, but is not subordinate 9
legislation. 10
7 Survey guidelines 11
(1) The chief executive may make written guidelines for surveying 12
("survey guidelines") stating ways of complying with survey standards. 13
(2) A survey guideline must -- 14
(a) identify the survey standard to which it applies; and 15
(b) state the ways in which a survey may be carried out to comply 16
with the survey standard. 17
(3) A survey guideline is a statutory instrument, but is not subordinate 18
legislation. 19
8 Consultation for survey standard or survey guideline 20
Before making a survey standard or survey guideline, the chief executive 21
may consult with any or all of the following-- 22
(a) the entities, including the surveyors board, considered by the 23
chief executive as representing the interests of surveyors in the 24
State; 25
(b) a local government whose area is affected by the standard or 26
guideline; 27
(c) another entity the chief executive considers appropriate. 28
s9 11 s 11
Survey and Mapping Infrastructure Bill 2003
9 When survey standards and survey guidelines have effect 1
(1) A survey standard has no effect unless the Minister notifies the 2
making of the standard by gazette notice. 3
(2) The standard takes effect-- 4
(a) on the day the gazette notice is published in the gazette; or 5
(b) if a later day is stated in the gazette notice--on the later day. 6
(3) The gazette notice must state that a copy of the standard and the 7
provisions of any document applied, adopted or incorporated by the 8
standard are available for inspection, without charge by the chief 9
executive-- 10
(a) during normal business hours at each department office; and 11
(b) on the department's stated web site on the Internet. 12
(4) The gazette notice is subordinate legislation. 13
(5) A survey guideline has effect when it is published as required under 14
section 10(1)(b). 15
10 Public access to survey standards and survey guidelines 16
(1) The chief executive must keep a copy of each survey standard and 17
survey guideline and each document applied, adopted or incorporated by a 18
survey standard or survey guideline available for inspection, without 19
charge by the chief executive-- 20
(a) during normal business hours at each department office; and 21
(b) on the department's web site on the Internet. 1
22
(2) On payment of the fee decided by the chief executive, a person may 23
obtain a copy of a survey standard or survey guideline from the chief 24
executive. 25
11 Inconsistencies between survey standards and survey guidelines 26
If there is an inconsistency between a survey standard and a survey 27
guideline, the survey standard prevails to the extent of the inconsistency. 28
1 The department's web site on the Internet is www.nrm.qld.gov.au.
s 12 12 s 13
Survey and Mapping Infrastructure Bill 2003
12 Regulation may make provision about survey standard and 1
survey guideline matters 2
(1) A regulation may make provision about anything for which provision 3
may be made by a survey standard or survey guideline. 4
(2) If there is an inconsistency between a regulation and a survey 5
standard or survey guideline, the regulation prevails to the extent of the 6
inconsistency. 7
PART 3--CARRYING OUT SURVEYS 8
Division 1--Obligations of surveyors, surveying associates and surveying 9
graduates 10
13 Compliance with survey standards 11
(1) A surveyor, surveying associate or surveying graduate must comply 12
with each relevant survey standard in carrying out a survey, unless the 13
person has a reasonable excuse. 14
(2) If a person contravenes subsection (1)-- 15
(a) the chief executive may refer the matter to the surveyors board; 16
or 17
(b) for a contravention by a surveyor-- 18
(i) the chief executive, instead of acting under paragraph (a), 19
may take action under division 5; or 20
(ii) the registrar of titles may take action under division 5. 21
(3) However, this section does not apply to a person to the extent the 22
person is exempted from complying with a survey standard under 23
division 2. 24
(4) In this section-- 25
"relevant survey standard", for a survey, means a survey standard 26
applying to-- 27
(a) the area in which the survey is being carried out; and 28
(b) the type of survey being carried out. 29
s 14 13 s 17
Survey and Mapping Infrastructure Bill 2003
14 How to comply with survey standards 1
A surveyor, surveying associate or surveying graduate may comply with 2
a survey standard by adopting and following-- 3
(a) the ways stated in a survey guideline for complying with the 4
survey standard; or 5
(b) other ways that achieve an equal or better level of compliance. 6
15 Obligation on person placing permanent survey mark 7
(1) This section applies if a surveyor, surveying associate or surveying 8
graduate places a permanent survey mark in carrying out a survey other 9
than a State survey. 10
(2) The person responsible for preparing the plan of survey must, within 11
40 business days after the mark is placed, give the chief executive a copy of 12
the plan of survey in the approved form, unless the person has a reasonable 13
excuse. 14
Maximum penalty--20 penalty units. 15
16 Obligation on cadastral surveyor 16
(1) A cadastral surveyor must, within 40 business days after placing a 17
survey mark in carrying out a cadastral survey, or supervising the 18
placement of the mark, give the chief executive a copy of the plan of survey 19
complying with subsection (2), unless the surveyor has a reasonable 20
excuse. 21
Maximum penalty--20 penalty units. 22
(2) If a recognised permanent survey mark was used as a reference point 23
in carrying out the survey, the plan of survey must show the relationship 24
between the cadastral survey and the recognised permanent survey mark. 25
17 Resolving inconsistencies between plans of survey 26
(1) This section applies if-- 27
(a) there is an inconsistency in the identification of a boundary 28
shown on 2 or more plans of survey registered, lodged for 29
registration, or deposited, under the Land Act 1994 or Land Title 30
Act 1994 or given to the chief executive under section 16; and 31
s 18 14 s 18
Survey and Mapping Infrastructure Bill 2003
(b) the surveyors responsible for carrying out the surveys are aware 1
of the inconsistency. 2
(2) The surveyors must make reasonable efforts to resolve the 3
inconsistency. 4
(3) If the surveyors fail to comply with subsection (2) or are not able to 5
resolve the inconsistency, the relevant person may take the reasonable 6
action the relevant person considers necessary to resolve the matter. 7
(4) In this section-- 8
"relevant person" means-- 9
(a) for a plan of survey registered, lodged for registration, or 10
deposited under the Land Act 1994--the chief executive; or 11
(b) for a plan of survey registered, lodged for registration, or 12
deposited under the Land Title Act 1994--the registrar of titles; 13
or 14
(c) for a plan not mentioned in paragraph (a) or (b) and given to the 15
chief executive under section 16--the chief executive. 16
Division 2--Exemption from survey standard 17
18 Application for exemption 18
(1) If a surveyor, surveying associate or surveying graduate reasonably 19
believes it is impractical for the person to comply with a survey standard 20
for a particular survey, the person may make written application to the chief 21
executive for an exemption from all or part of the survey standard for the 22
survey. 23
(2) The application must-- 24
(a) state the provisions of the survey standard, and the survey, for 25
which the exemption is sought; and 26
(b) as briefly as possible, explain why the person believes it is 27
impractical for the person to comply with the survey standard for 28
the survey. 29
s 19 15 s 21
Survey and Mapping Infrastructure Bill 2003
19 Decision on application 1
(1) After considering the application, the chief executive may, by written 2
notice given to the applicant-- 3
(a) give the exemption, with or without conditions; or 4
(b) refuse to give the exemption. 5
(2) If the chief executive decides to give the exemption on conditions or 6
to refuse to give the exemption, the notice must also state the following-- 7
(a) the decision; 8
(b) the reasons for the decision; 9
(c) that the applicant may apply to the Minister for a review of the 10
decision within 30 business days after the day the notice is given. 11
20 Review of decision 12
(1) As soon as practicable after receiving an application for review of a 13
decision under section 19(2)(c), the Minister must-- 14
(a) review the decision; and 15
(b) decide to confirm, amend or set aside the decision; and 16
(c) give written notice to the applicant of the Minister's decision and 17
the reasons for it. 18
(2) For section 13(3), the Minister's decision on the review is taken to be 19
the chief executive's decision on the application for exemption. 20
Division 3--Surveyors' powers 21
21 Power to place a permanent survey mark 22
(1) A surveyor may place a permanent survey mark on land that is-- 23
(a) unallocated State land; or 24
(b) vested in, or under the control of, the State; or 25
(c) a road. 26
(2) A surveyor may place a permanent survey mark on the following land 27
if its owner or occupier consents to the placement of the mark-- 28
s 22 16 s 23
Survey and Mapping Infrastructure Bill 2003
(a) freehold land; 1
(b) land subject to a lease, licence or permit under the Land Act 2
1994. 3
(3) In this section-- 4
"owner", for land mentioned in subsection (2)(b), means the holder of the 5
lease, licence or permit. 6
"unallocated State land" means unallocated State land under the Land 7
Act 1994, schedule 6.2 8
22 Power to enter places 9
(1) Subject to section 23, a surveyor may enter a place mentioned in 10
section 21(1) or (2) at any reasonable time for-- 11
(a) carrying out a survey; or 12
(b) placing a permanent survey mark on the land. 13
(2) Subsection (1) does not apply to a building or other structure where a 14
person resides. 15
23 Surveyor's notice of entry 16
(1) Before entering a place mentioned in section 21(2), a surveyor must 17
do or make a reasonable attempt to do each of the following things-- 18
(a) identify himself or herself to a person present at the place who is 19
an occupier of the place; 20
(b) tell the person-- 21
(i) the purpose of the proposed entry; and 22
(ii) that the surveyor is permitted under this Act to enter for the 23
purpose. 24
2 Land Act 1994, schedule 6--
"unallocated State land" means all land that is not--
(a) freehold land, or land contracted to be granted in fee simple by the State;
or
(b) a road or reserve, including a national park, conservation park, State forest
or timber reserve; or
(c) subject to a lease, licence or permit issued by the State.
s 24 17 s 25
Survey and Mapping Infrastructure Bill 2003
(2) For doing or attempting to do the things mentioned in subsection (1), 1
the surveyor may, without the occupier's consent-- 2
(a) enter land around premises at the place to an extent that is 3
reasonable to contact the occupier; or 4
(b) enter part of the place the surveyor reasonably considers 5
members of the public ordinarily are allowed to enter when they 6
wish to contact the occupier. 7
24 General powers after entering places 8
After entering a place under section 22, a surveyor may-- 9
(a) carry out the survey for which the entry was made; and 10
(b) place survey marks for the survey on the land; and 11
(c) if authorised under section 21, place permanent survey marks on 12
the land; and 13
(d) inspect and maintain any recognised permanent survey mark on 14
the land; and 15
(e) take onto the place any person, equipment and materials the 16
surveyor reasonably requires for exercising a power under this 17
division. 18
25 Power to uncover buried survey mark 19
(1) This section applies if a surveyor who is carrying out a survey 20
reasonably believes a survey mark that is essential for carrying out the 21
survey is buried under the surface of land. 22
(2) Subject to subsection (3), the surveyor, or a person acting under the 23
direction or authority of a surveyor (the "other person"), may take the 24
action the surveyor reasonably considers necessary to uncover the mark. 25
(3) The surveyor or other person-- 26
(a) must cause as little damage as possible in uncovering the mark; 27
and 28
(b) must not cause any permanent damage to any property on the 29
land. 30
s 26 18 s 27
Survey and Mapping Infrastructure Bill 2003
Division 4--Other matters about the exercise of surveyors' powers 1
26 Notice of damage 2
(1) This section applies if-- 3
(a) a surveyor damages property when exercising or purporting to 4
exercise a power under division 3; or 5
(b) a person acting under the direction or authority of a surveyor (the 6
"other person") exercising or purporting to exercise a power 7
under division 3 damages property. 8
(2) The surveyor must immediately repair or reinstate the property if it is 9
possible. 10
(3) If it is not possible to immediately repair or reinstate the property, the 11
surveyor must immediately give notice of particulars of the damage to the 12
person who appears to the surveyor to be the owner of the property. 13
(4) If the surveyor believes the damage was caused by a latent defect in 14
the property or circumstances beyond the surveyor's, or other person's, 15
control, the surveyor may state the belief in the notice. 16
(5) If, for any reason, it is impractical to comply with subsection (3), the 17
surveyor must leave the notice in a conspicuous position and in a 18
reasonably secure way where the damage happened. 19
(6) This section does not apply to damage the surveyor reasonably 20
believes is trivial. 21
(7) In this section-- 22
"owner", of property, includes the person in possession or control of it. 23
27 Obstructing a surveyor 24
(1) A person must not obstruct a surveyor in the exercise of a power 25
under division 3, unless the person has a reasonable excuse. 26
Maximum penalty--50 penalty units. 27
(2) If a person obstructs a surveyor and the surveyor decides to proceed 28
with the exercise of the power, the surveyor must warn the person that-- 29
(a) it is an offence to obstruct the surveyor, unless the person has a 30
reasonable excuse; and 31
s 28 19 s 29
Survey and Mapping Infrastructure Bill 2003
(b) the surveyor considers the person's conduct an obstruction. 1
(3) In this section-- 2
"obstruct" includes assault, hinder and threaten, and attempt to obstruct. 3
Division 5--Correcting survey errors 4
28 Correcting survey errors 5
(1) The chief executive may, if the procedure under sections 29 to 31 is 6
followed, ask a surveyor who is responsible for a survey error made in a 7
survey, for which a plan of survey has been lodged under an Act other than 8
the Land Title Act 1994, to correct the error at the surveyor's expense. 9
(2) The registrar of titles may ask a surveyor who is responsible for a 10
survey error made in a survey for which a plan of survey has been lodged or 11
deposited under the Land Title Act 1994 to correct the error at the 12
surveyor's expense if-- 13
(a) the registrar can not correct it under that Act, section 15;3 and 14
(b) the procedure under sections 29 to 31 is followed. 15
29 Show cause notice 16
(1) Before asking a surveyor to correct a survey error, the chief executive 17
or registrar of titles must give the surveyor a written notice (the "show 18
cause notice") stating the following-- 19
(a) that the person believes the surveyor has made a survey error that 20
is capable of being corrected by the surveyor; 21
(b) the facts and circumstances that are the basis for the belief; 22
(c) that the person proposes giving the surveyor a notice (the 23
"correction notice") asking the surveyor, at the surveyor's 24
expense, to correct the error; 25
(d) that the surveyor may make, within a stated period, written 26
submissions to show that the surveyor has not made a survey 27
error that is capable of being corrected by the surveyor. 28
3 Land Title Act 1994, section 15 (Registrar may correct registers)
s 30 20 s 32
Survey and Mapping Infrastructure Bill 2003
(2) The stated period must end at least 20 business days after the show 1
cause notice is given. 2
30 Considering submissions 3
The chief executive or registrar of titles must consider any written 4
submission made by the surveyor to the person within the period stated in 5
the show cause notice. 6
31 Giving correction notice 7
(1) If, after complying with section 30, the chief executive or registrar of 8
titles still believes the surveyor has made a survey error that is capable of 9
being corrected by the surveyor, the person may give the surveyor the 10
correction notice. 11
(2) The correction notice must be written and must state-- 12
(a) the error the person reasonably believes is capable of being 13
corrected; and 14
(b) the reasonable steps the surveyor must take to correct the error; 15
and 16
(c) a reasonable period, of at least 20 business days after it is given, 17
in which the surveyor must take the steps. 18
(3) If the surveyor does not comply with the correction notice, the person 19
who gave the notice may refer the matter to the surveyors board. 20
Division 6--Miscellaneous 21
32 Authority for cadastral surveyor to act for another in 22
particular circumstances 23
(1) The original surveyor for a plan of survey may, in writing, authorise 24
another person who is a cadastral surveyor (an "authorised surveyor") to 25
take the action necessary to comply with any requirement about the plan 26
made by-- 27
(a) the registering entity; or 28
(b) for a plan required for a purpose under the Mineral Resources 29
Act 1989--a person acting under that Act. 30
s 32 21 s 32
Survey and Mapping Infrastructure Bill 2003
(2) As soon as practicable after giving the authorisation, the original 1
surveyor must give a copy of it to the surveyors board. 2
(3) Subsection (4) applies if-- 3
(a) a plan of survey has been lodged or deposited for registration; 4
and 5
(b) the chief executive reasonably believes the original surveyor is 6
not able to comply with a requirement about the plan. 7
(4) The chief executive may ask the surveyors board to authorise another 8
person who is a cadastral surveyor (also an "authorised surveyor") to take 9
the action necessary to comply with the requirement. 10
(5) The authorisation given by the surveyors board must be written. 11
(6) An authorised surveyor-- 12
(a) may take the action for which the person is authorised; and 13
(b) must certify on the plan of survey that the action has been taken 14
under an authority under this section. 15
(7) Despite any other law or practice, if an authorised surveyor gives the 16
registering entity a copy of the person's authorisation, the registering entity 17
must accept anything done by the authorised surveyor under subsection (6) 18
as if it were done by the original surveyor. 19
(8) In this section-- 20
"original surveyor", for a plan of survey, means the cadastral surveyor 21
responsible for the survey's survey quality. 22
"registering entity", for a plan of survey, means the person responsible for 23
registering the plan under a registration Act. 24
"registration" means registration under a registration Act. 25
"registration Act" means the Land Act 1994 or Land Title Act 1994. 26
"requirement", about a plan of survey, means-- 27
(a) a requisition or requirement made under a registration Act; or 28
(b) a show cause notice or correction notice. 29
s 33 22 s 34
Survey and Mapping Infrastructure Bill 2003
PART 4--SURVEY MARKS 1
Division 1--Establishing recognised permanent survey marks 2
33 State surveys 3
(1) The chief executive may cause a survey of high precision, called the 4
State control survey, to be carried out for establishing recognised 5
permanent survey marks throughout the State. 6
(2) In addition, the chief executive may cause another survey to be 7
carried out in a particular part of the State for establishing recognised 8
permanent survey marks in the part. 9
34 Chief executive may obtain information about survey marks 10
placed other than in carrying out a State survey 11
(1) If the chief executive reasonably considers a survey mark placed in 12
carrying out a survey other than a State survey is of value for a survey and 13
mapping infrastructure purpose, the chief executive may-- 14
(a) in writing, ask the relevant person, for-- 15
(i) a copy of the plan of survey in the approved form; or 16
(ii) other information necessary to establish the survey mark as 17
a recognised permanent survey mark; or 18
(b) cause a survey to be carried out for establishing the survey mark 19
as a recognised permanent survey mark. 20
(2) Subsection (1)(a)(i) does not apply if the person has given the chief 21
executive a copy of the plan of survey under section 15 or 16.4 22
(3) The relevant person must comply with a request made under 23
subsection (1)(a) within the reasonable period stated in the request, unless 24
the person has a reasonable excuse. 25
Maximum penalty for subsection (3)--20 penalty units. 26
(4) In this section-- 27
4 Section 15 (Obligation on person placing permanent survey mark) or 16 (Obligation
on cadastral surveyor)
s 35 23 s 36
Survey and Mapping Infrastructure Bill 2003
"relevant person" means-- 1
(a) if paragraph (b) does not apply--the surveyor, surveying 2
associate or surveying graduate who placed the survey mark; or 3
(b) if the mark was placed by a surveying associate or surveying 4
graduate under a surveyor's supervision--the surveyor; or 5
(c) if the mark was placed by or for a public authority--the public 6
authority. 7
35 Establishing survey marks as recognised permanent survey 8
marks 9
(1) The chief executive must establish each permanent survey mark 10
placed in carrying out a survey as a recognised permanent survey mark. 11
(2) If the chief executive reasonably considers another survey mark 12
placed in carrying out a survey is suitable as a recognised permanent 13
survey mark, the chief executive may establish the survey mark as a 14
recognised permanent survey mark. 15
(3) A survey mark is established as a recognised permanent survey mark 16
by the chief executive-- 17
(a) recording each of the following details about the mark in the 18
survey control register-- 19
(i) the mark's unique identifying number; 20
(ii) a plan or other information identifying the mark's location; 21
(iii) a brief description of the mark; 22
(iv) the name of the surveyor, surveying associate, surveying 23
graduate or public authority who placed the mark; 24
(v) the date when the mark was placed; and 25
(b) classifying the mark as a recognised permanent survey mark in 26
the register. 27
36 Removing or changing classification of recognised permanent 28
survey mark 29
If the chief executive considers a recognised permanent survey mark is 30
no longer suitable as a recognised permanent survey mark, the chief 31
s 37 24 s 39
Survey and Mapping Infrastructure Bill 2003
executive may remove or change the classification given to the mark under 1
section 35(3)(b). 2
Division 2--Maintaining recognised permanent survey marks 3
37 Responsibility for recognised permanent survey marks placed in 4
carrying out State surveys 5
The chief executive is responsible for maintaining the physical integrity 6
of a recognised permanent survey mark placed in carrying out a State 7
survey. 8
38 Responsibility for recognised permanent survey marks on 9
State-controlled roads 10
(1) Subject to section 37, if a recognised permanent survey mark is on a 11
State-controlled road, the department whose chief executive may, under the 12
Transport Infrastructure Act 1994, section 26,5 exercise powers for the road 13
is responsible for-- 14
(a) maintaining the physical integrity of the survey mark; and 15
(b) giving the chief executive updated information about the survey 16
mark for the survey control register. 17
(2) In this section-- 18
"State-controlled road" means a road or land, or part of a road or land, 19
declared under the Transport Infrastructure Act 1994 to be a 20
State-controlled road. 21
39 Responsibility for recognised permanent survey marks on local 22
government controlled roads 23
Subject to section 37, if a recognised permanent survey mark is on a road 24
under the control of a local government, the local government is 25
responsible for-- 26
(a) maintaining the physical integrity of the survey mark; and 27
5 Transport Infrastructure Act 1994, section 26 (Chief executive to have power of a
local government for State-controlled roads)
s 40 25 s 42
Survey and Mapping Infrastructure Bill 2003
(b) giving the chief executive updated information about the survey 1
mark for the survey control register. 2
40 Responsibility for recognised permanent survey marks on land, 3
other than roads, controlled by a public authority 4
Subject to section 37, if a recognised permanent survey mark is on land, 5
other than a road, under the control of a public authority, the public 6
authority is responsible for-- 7
(a) maintaining the physical integrity of the survey mark; and 8
(b) for a public authority other than the department--giving the chief 9
executive updated information about the survey mark for the 10
survey control register. 11
41 Notifying public authority about responsibility for recognised 12
permanent survey marks 13
The chief executive must give each public authority, other than the 14
department, that is responsible under section 38, 39 or 40 for maintaining a 15
recognised permanent survey mark-- 16
(a) a written notice informing the public authority of its 17
responsibility under the section for the mark; and 18
(b) a copy of the current information about the mark recorded in the 19
survey control register. 20
Division 3--Interfering with survey marks 21
42 Offence about interfering with survey mark 22
(1) A person must not interfere with a survey mark the existence of 23
which the person knows or ought reasonably to know, unless-- 24
(a) for a cadastral survey mark for a boundary--the person interferes 25
with the mark in order to erect a fence, wall or other permanent 26
structure along the boundary; or 27
(b) for a recognised permanent survey mark--the person interferes 28
with the mark under an authority given under section 43; or 29
s 43 26 s 43
Survey and Mapping Infrastructure Bill 2003
(c) for a mark other than a recognised permanent survey mark--the 1
person, before interfering with the mark-- 2
(i) causes a survey to be carried out to establish the relationship 3
between the mark and at least 2 recognised permanent 4
survey marks; and 5
(ii) gives the chief executive a copy of the plan of survey; or 6
(d) the person has a reasonable excuse. 7
Maximum penalty--100 penalty units. 8
(2) It is not a reasonable excuse for a person to interfere with a survey 9
mark if the person could have obtained, but did not seek, an authority under 10
section 43 for the interference. 11
43 Authority to interfere with recognised permanent survey mark 12
(1) A person may apply to the chief executive for authority to interfere 13
with a recognised permanent survey mark. 14
(2) The chief executive may-- 15
(a) give the authority, with or without conditions; or 16
(b) refuse to give the authority. 17
(3) If the chief executive gives the authority on conditions or refuses to 18
give the authority, the chief executive must give the applicant a written 19
notice stating the following-- 20
(a) the decision; 21
(b) the reasons for the decision; 22
(c) that the applicant may apply to the Minister for a review of the 23
decision within 30 business days after the day the notice is given. 24
(4) As soon as practicable after receiving an application under 25
subsection (3)(c), the Minister must-- 26
(a) review the chief executive's decision; and 27
(b) decide to confirm, amend or set aside the chief executive's 28
decision; and 29
(c) give written notice to the applicant about the Minister's decision 30
and the reasons for it. 31
s 44 27 s 45
Survey and Mapping Infrastructure Bill 2003
(5) For section 42(1)(b), the Minister's decision on the review is taken to 1
be the chief executive's decision about the authority. 2
44 Reinstating recognised permanent survey mark 3
(1) If a person interferes with a recognised permanent survey mark in 4
contravention of section 42, the chief executive or public authority 5
responsible under division 2 for maintaining the mark may take the action 6
reasonably necessary to reinstate the mark's physical and survey integrity. 7
(2) The costs reasonably incurred by the chief executive or a department 8
in reinstating the mark are a debt payable by the person to the State. 9
(3) The costs reasonably incurred by another public authority in 10
reinstating the mark are a debt payable by the person to the public 11
authority. 12
(4) If the person is convicted of an offence against section 42, the court 13
may, as well as imposing a penalty for the offence, order the person to pay 14
the amount of the costs to the State or public authority under subsection (2) 15
or (3). 16
Division 4--Miscellaneous 17
45 Reporting and recording changes in recognised permanent survey 18
mark 19
(1) This section applies if a surveyor, surveying associate or surveying 20
graduate becomes aware of-- 21
(a) an apparent irregularity in information recorded in the survey 22
control register for a recognised permanent survey mark; or 23
(b) the disrepair, destruction or removal of a recognised permanent 24
survey mark. 25
26
Example of an apparent irregularity for subsection (1)(a)--
27
Observations made by the surveyor relating to the recognised permanent survey mark
28
differ from the information recorded for the mark in the survey control register.
(2) As soon as practicable after becoming aware of a matter mentioned in 29
subsection (1), the person must give the chief executive written notice of 30
the matter. 31
s 46 28 s 46
Survey and Mapping Infrastructure Bill 2003
(3) The chief executive must record details of the matter in the survey 1
control register. 2
PART 5--RECORDING SURVEY AND MAPPING 3
INFORMATION 4
Division 1--State datasets 5
Subdivision 1--State digital cadastral dataset 6
46 State digital cadastral dataset 7
(1) The chief executive must keep a dataset (the "State digital cadastral 8
dataset") comprising-- 9
(a) a digital graphic representation of each parcel of land in the 10
State; and 11
(b) the following current details about each parcel of land mentioned 12
in paragraph (a)-- 13
(i) a unique description of the land, including, for example, its 14
real property description; 15
(ii) the approximate coordinates for the corners of the parcel; 16
and 17
(c) a digital graphic representation of-- 18
(i) roads; and 19
(ii) natural features forming a boundary of land; and 20
(d) the approximate coordinates of the roads and natural features 21
mentioned in paragraph (c). 22
(2) The chief executive may, without fee, obtain information necessary 23
to update and improve the dataset from the land registry kept under the 24
Land Act 1994 or Land Title Act 1994. 25
(3) Subsection (2) does not limit the sources from which the chief 26
executive may obtain information for updating the dataset. 27
s 47 29 s 48
Survey and Mapping Infrastructure Bill 2003
(4) Subsection (1)(a) and (b) do not apply to a parcel of land shown on a 1
building format or volumetric format plan of survey. 2
(5) In this section-- 3
"building format" plan of survey means a plan of survey that defines land 4
using the structural elements of a building, including, for example, 5
floors, walls and ceilings. 6
"structural elements", of a building, includes projections of, and 7
references to, structural elements of the building. 8
9
Example--
10
Projections might be used to define a lot that includes a balcony, courtyard, roof garden
11
or other area not bounded, or completely bounded, by a floor, walls and a ceiling.
"volumetric format" means a plan of survey that defines land using 12
3 dimensionally located points to identify the position, shape and 13
dimensions of each bounding surface. 14
47 Effect and use of information in State digital cadastral dataset 15
(1) The recording, in the State digital cadastral dataset, of information 16
about a parcel of land does not create or affect an interest in the land. 17
(2) If the information in the dataset is inconsistent with information 18
recorded or noted in the land registry kept under the Land Act 1994 or Land 19
Title Act 1994, the information recorded or noted in the land registry 20
prevails to the extent of the inconsistency. 21
(3) Information recorded by a public authority, other than in the land 22
registry, about the coordinates of land boundaries must be consistent with 23
the dataset. 24
Subdivision 2--Other State datasets 25
48 Administrative area boundary dataset 26
The chief executive must keep a dataset (the "administrative area 27
boundary dataset") of information-- 28
(a) given to the chief executive under section 49; or 29
(b) otherwise obtained by the chief executive about an administrative 30
area boundary. 31
s 49 30 s 51
Survey and Mapping Infrastructure Bill 2003
49 Public authority may give chief executive information about 1
administrative area boundaries 2
A public authority may give the chief executive information about the 3
boundaries of an administrative area for recording in the administrative 4
area boundary dataset. 5
50 State remotely sensed image library 6
The chief executive must keep a library (the "State remotely sensed 7
image library") containing the remotely sensed images of land and coastal 8
waters of the State the chief executive considers are of value for-- 9
(a) a survey and mapping infrastructure purpose; or 10
(b) defining an administrative area, or describing or working out an 11
administrative area boundary. 12
51 Survey control register 13
(1) The chief executive must keep a register (the "survey control 14
register") for recording information about survey marks obtained by the 15
chief executive under this Act. 16
(2) In addition to the details recorded under section 35(3),6 the register 17
must contain, for each recognised permanent survey mark-- 18
(a) the details recorded under section 45(3); and 19
(b) information about the survey mark taken, under section 69,7 to 20
form part of the register; and 21
(c) updated information about the survey mark given to the chief 22
executive under sections 38 to 40. 23
(3) The register may also contain other information about a survey 24
mark-- 25
(a) given to the chief executive for recording in the register; or 26
(b) that the chief executive considers is of value for a survey and 27
mapping infrastructure purpose, including, for example, the 28
integration of survey and mapping information. 29
6 Section 35 (Establishing survey marks as recognised permanent survey marks)
7 Section 69 (Existing survey control database)
s 52 31 s 54
Survey and Mapping Infrastructure Bill 2003
52 Other datasets 1
The chief executive may keep another dataset for a survey and mapping 2
infrastructure purpose and publish information about the dataset on the 3
department's website on the Internet. 4
Subdivision 3--Other provisions about State datasets 5
53 Chief executive may arrange for another entity to keep a State 6
dataset 7
The chief executive may enter into an arrangement with another entity 8
to-- 9
(a) keep a State dataset for the chief executive; and 10
(b) provide access by persons to the information contained in the 11
dataset. 12
54 Access to information in State datasets 13
(1) A person may-- 14
(a) on payment of any fee decided by the chief executive, inspect the 15
information contained in the publicly available part of a State 16
dataset held in the department; and 17
(b) on payment of the fee decided by the chief executive, or under an 18
agreement entered into between the person and the chief 19
executive, obtain a copy of all or part of the information from the 20
chief executive. 21
(2) If a State dataset is kept by an entity under section 53, a person 22
may-- 23
(a) on payment of any fee decided by the entity, inspect the 24
information contained in the publicly available part of the 25
dataset; and 26
(b) on payment of the fee decided by the entity, or under an 27
agreement entered into between the person and the entity, obtain 28
a copy of all or part of the information from the entity. 29
s 55 32 s 56
Survey and Mapping Infrastructure Bill 2003
Division 2--Obligations of persons to provide information and data for 1
survey and mapping infrastructure purposes 2
55 Surveyor's obligation 3
(1) If a surveyor intends carrying out a survey the surveyor considers, or 4
should reasonably consider, is of value for a survey and mapping 5
infrastructure purpose, the surveyor must give the chief executive written 6
notice-- 7
(a) stating the surveyor's intention to carry out the survey; and 8
(b) asking the chief executive for advice about-- 9
(i) any specifications for the survey required by the chief 10
executive for a survey and mapping infrastructure purpose 11
(the "required specifications"); and 12
(ii) any contribution the chief executive agrees to make towards 13
the cost of the survey (the "agreed contribution"); and 14
(c) stating enough information about the survey to enable the chief 15
executive to make a decision about the required specifications 16
and agreed contribution. 17
(2) As soon as practicable after receiving the notice, the chief executive 18
must, in writing, give the surveyor the advice requested. 19
(3) The surveyor must comply with the required specifications in 20
carrying out the survey. 21
(4) If the surveyor complies with the required specifications in carrying 22
out the survey, the chief executive must make the agreed contribution for 23
the survey. 24
56 Public authority's obligation 25
(1) If the chief executive reasonably considers a public authority holds 26
information or data that is of value for a survey and mapping infrastructure 27
purpose, the chief executive may, in writing, ask the public authority for a 28
copy of the information or data. 29
(2) The public authority must, on payment by the chief executive of the 30
fee decided by the public authority for the copy, give the copy to the chief 31
executive. 32
s 57 33 s 57
Survey and Mapping Infrastructure Bill 2003
PART 6--ADMINISTRATIVE AREAS 1
Division 1--Defining administrative areas 2
57 Ways of defining an administrative area 3
(1) An administrative area must be defined in 1 or more of the following 4
ways-- 5
(a) by delineating its boundaries on a plan in a distinctive way, 6
including, for example, by using symbols, colouring or 7
hachuring; 8
(b) by describing its boundaries by reference to 1 or more of the 9
following-- 10
(i) lines described by length and bearing referenced to a stated 11
datum; 12
(ii) a natural or other suitable feature; 13
(iii) the real property description of land adjoining the area; 14
(iv) parish, county or locality boundaries; 15
(v) boundaries shown on a plan of survey lodged under the 16
Land Act 1994 or Land Title Act 1994; 17
(vi) the coordinates, taken from the State digital cadastral 18
dataset, of the corners and bends of the area; 19
(vii) metes and bounds; 20
(viii)the area or boundary of another administrative area defined 21
under this subsection; 22
(c) by listing the real property descriptions of land comprising the 23
area; 24
(d) another way, approved by the chief executive, as appropriate for 25
defining the area. 26
(2) The definition of an administrative area other than under 27
subsection (1) does not affect the validity of the area's establishment. 28
s 58 34 s 59
Survey and Mapping Infrastructure Bill 2003
Division 2--Working out administrative area boundaries 1
58 Application of div 2 2
(1) This division applies to-- 3
(a) the description of an administrative area boundary in an 4
instrument establishing or changing the area; and 5
(b) the delineation of an administrative area boundary on a plan. 6
(2) However, this division does not apply if a contrary intention appears 7
in-- 8
(a) the instrument or plan; or 9
(b) the law under which the instrument or plan is made. 10
59 Meaning of particular words used in describing an administrative 11
area boundary 12
In the description of an administrative area boundary-- 13
"bank" means-- 14
(a) for a watercourse, the line-- 15
(i) along the outer limits of the defined channel of the 16
watercourse; and 17
(ii) following the highest points of land in the channel that are 18
covered by the watercourse water, whether permanently or 19
intermittently; and 20
(b) for a lake, the line-- 21
(i) along the outer limits of the depression of the lake; and 22
(ii) following the highest points of land in the depression that 23
are covered by the lake water, whether permanently or 24
intermittently. 25
"bed", of a watercourse, means the land that is-- 26
(a) alternately covered or left bare as the water of the watercourse 27
increases or diminishes; and 28
(b) adequate to contain the water at its average flow without 29
reference to extreme droughts or extraordinary freshets during 30
floods. 31
s 60 35 s 60
Survey and Mapping Infrastructure Bill 2003
"high-water mark" means the ordinary high-water mark at spring tides. 1
"lake" includes a lagoon, swamp, marsh, or other natural collection of 2
water, whether permanent or intermittent, and not contained in an 3
artificial work. 4
"low-water mark" means the ordinary low-water mark at spring tides. 5
"tidal watercourse" means the part of a watercourse in which the tide 6
ebbs and flows. 7
"watercourse" means a river, creek or stream in which water flows, 8
whether permanently or intermittently, in-- 9
(a) a natural channel, whether or not artificially improved; or 10
(b) an artificial channel that has changed the course of the 11
watercourse. 12
60 References to features forming part of an administrative area 13
boundary 14
In the description of an administrative area boundary-- 15
(a) a reference to the left or right bank of a watercourse is a 16
reference to the left or right bank when facing downstream; and 17
(b) a reference to a dam is a reference to the line-- 18
(i) along the outer limits of the dam; and 19
(ii) following the highest points of land covered by the dam 20
water at full supply level; and 21
(c) a reference to a mountain, mountain range, hill, or similar natural 22
feature is a reference to the feature's watershed; and 23
(d) a reference to a natural feature having a high-water mark is a 24
reference to the high-water mark; and 25
26
Example of `natural feature having a high-water mark'--
27
Bay, inlet, harbour, gulf, shore or coast.
(e) a reference to a tidal lake or watercourse is a reference to the 28
high-water mark along the lake or watercourse; and 29
(f) a reference to a non-tidal lake is a reference to the bank of the 30
lake; and 31
(g) a reference to a non-tidal watercourse is a reference to the line 32
along the middle of the bed of the watercourse; and 33
s 61 36 s 62
Survey and Mapping Infrastructure Bill 2003
(h) a reference to a railway or road is a reference to the centre line of 1
the railway or road. 2
61 Working out an administrative area boundary shown on a plan 3
On a plan, the boundary of an administrative area marked-- 4
(a) along the line of a coast, harbour, tidal watercourse or tidal lake, 5
is the high-water mark along the coast, harbour, watercourse or 6
lake; or 7
(b) along and within-- 8
(i) the banks of a non-tidal watercourse; or 9
(ii) the boundaries of a road or railway; 10
is the line along the middle of the bed of the watercourse, or the 11
centre line of the road or railway; or 12
(c) along a watercourse, road or railway shown by a single line, is 13
the line along the middle of the bed of the watercourse, or the 14
centre line of the road or railway; or 15
(d) along but to 1 side of a non-tidal watercourse, or a road or 16
railway, is-- 17
(i) for a watercourse--the bank of the watercourse nearer to the 18
marked boundary; or 19
(ii) for a road or railway--the boundary of the road or railway 20
nearer to the marked boundary. 21
PART 7--MISCELLANEOUS 22
62 Evidentiary provisions about State remotely sensed image 23
(1) This section applies to any proceeding. 24
(2) A certificate, purporting to be signed by the chief executive or by a 25
person authorised by the chief executive, and stating any of the following 26
matters about a State remotely sensed image of land or coastal waters 27
accompanying the certificate is evidence of the matters stated-- 28
s 63 37 s 63
Survey and Mapping Infrastructure Bill 2003
(a) the image is a State remotely sensed image, or a copy of a State 1
remotely sensed image of a stated area; 2
(b) the location of the area shown in the image; 3
(c) a feature or point, or the location of a feature or point, shown in 4
the image; 5
(d) the date and time when the image was taken or made; 6
(e) the approximate scale of the image. 7
(3) The signature on the certificate is evidence of the signature it 8
purports to be. 9
(4) A person who purports to be authorised by the chief executive to sign 10
the certificate is taken, in the absence of evidence to the contrary, to be 11
authorised to sign the certificate. 12
(5) A party to the proceeding intending to challenge a matter mentioned 13
in subsection (2) must give at least 28 days notice of the party's intention to 14
adduce relevant evidence. 15
(6) In this section-- 16
"State remotely sensed image" means a remotely sensed image taken or 17
copied from the State remotely sensed image library. 18
63 Protection from liability 19
(1) An official does not incur civil liability for an act done, or omission 20
made, honestly and without negligence under this Act. 21
(2) If subsection (1) prevents civil liability attaching to an official, the 22
liability attaches instead to the State. 23
(3) In this section-- 24
"official" means-- 25
(a) the chief executive; or 26
(b) an officer or employee of the department; or 27
(c) a surveyor carrying out a State survey; or 28
(d) a person helping a surveyor mentioned in paragraph (c) at the 29
surveyor's direction. 30
s 64 38 s 68
Survey and Mapping Infrastructure Bill 2003
64 Deciding fees 1
(1) This section applies to an entity authorised under this Act to decide a 2
fee payable to the entity for a copy of a document or information contained 3
in a document. 4
(2) The fee decided by the entity must be not more than the entity's 5
reasonable cost of producing the copy. 6
65 Approval of forms 7
The chief executive may approve forms for use under this Act. 8
66 Regulation-making power 9
(1) The Governor in Council may make regulations under this Act. 10
(2) A regulation may create offences and prescribe penalties of not more 11
than 20 penalty units for offences against the regulation. 12
PART 8--TRANSITIONAL PROVISIONS AND REPEALS 13
Division 1--Transitional provisions 14
67 Existing State control survey 15
From the commencement of this section, the State control survey carried 16
out under the repealed Survey Act continues and is taken to form part of the 17
State control survey kept by the chief executive under section 33(1). 18
68 Existing established permanent marks 19
On the commencement of this section, an established permanent mark 20
within the meaning of the repealed Survey Act, in existence immediately 21
before the commencement, is taken to have been established under this Act 22
as a recognised permanent survey mark. 23
s 69 39 s 72
Survey and Mapping Infrastructure Bill 2003
69 Existing survey control database 1
(1) This section applies to information about permanent marks, within 2
the meaning of the repealed Survey Act-- 3
(a) held by the chief executive under that Act immediately before the 4
commencement of this section; and 5
(b) commonly known as the survey control database. 6
(2) On the commencement, the information is taken to form part of the 7
survey control register. 8
70 References to Administrative Boundaries Terminology Act 1985 9
In an Act or document, a reference to the Administrative Boundaries 10
Terminology Act 1985 is, if the context permits, taken to be a reference to 11
this Act. 12
71 References to repealed Survey Act 13
In an Act or document, a reference to the repealed Survey Act is, if the 14
context permits, taken to be a reference to this Act. 15
Division 2--Repeals 16
72 Acts repealed 17
The following Acts are repealed-- 18
· Administrative Boundaries Terminology Act 1985 19
· Survey Coordination Act 1952. 20
s 73 40 s 77
Survey and Mapping Infrastructure Bill 2003
PART 9--OTHER ACTS AMENDED 1
Division 1--Land Title Act 1994 2
73 Act amended in div 1 3
This division amends the Land Title Act 1994. 4
74 Amendment of s 30 (Registrar must register instruments) 5
Section 30(1)(b)-- 6
omit, insert-- 7
`(b) the instrument-- 8
(i) is not inconsistent with another Act or law; or 9
(ii) is a plan of survey that is not inconsistent with another plan 10
of survey.'. 11
Division 2--Mineral Resources Act 1989 12
75 Act amended in div 2 13
This division amends the Mineral Resources Act 1989. 14
76 Amendment of s 57 (Manner of marking out land proposed to be 15
subject of mining claim) 16
Section 57(4), before `surveyor'-- 17
insert-- 18
`cadastral'. 19
77 Section 241 (Manner of marking out land proposed to be subject 20
of mining lease) 21
Section 241(4), before `surveyor'-- 22
s 78 41 s 81
Survey and Mapping Infrastructure Bill 2003
insert-- 1
`cadastral'. 2
78 Amendment of s 300 (Assignment, mortgage or sublease of mining 3
lease) 4
Section 300(7), from `out,'-- 5
omit, insert-- 6
`out by a person registered as a cadastral surveyor under the Surveyors 7
Act 2003.'. 8
79 Amendment of s 407 (Minister may require survey) 9
(1) Section 407(2)-- 10
omit, insert-- 11
`(2) The land must be surveyed by a cadastral surveyor.'. 12
(2) Section 407(3) and (4), `licensed surveyor'-- 13
omit, insert-- 14
`cadastral surveyor'. 15
80 Amendment of s 408 (Surveyor not to have interest) 16
Section 408, `licensed surveyor'-- 17
omit, insert-- 18
`cadastral surveyor'. 19
81 Amendment of schedule (Dictionary) 20
Schedule-- 21
insert-- 22
` "cadastral surveyor" means a person registered as a cadastral surveyor 23
under the Surveyors Act 2003.'. 24
42
Survey and Mapping Infrastructure Bill 2003
SCHEDULE 1
DICTIONARY 2
section 5 3
"administrative area" means an area established for a purpose under an 4
Act before or after the commencement of this Act. 5
"administrative area boundary dataset" see section 48. 6
"cadastral surveyor" means a surveyor who holds a registration 7
endorsement under the Surveyors Act 2003 for carrying out cadastral 8
surveys. 9
"correction notice" see section 29(1)(c). 10
"establish" a survey mark as a recognised permanent survey mark, means 11
record details about the mark, and classify the mark as a recognised 12
permanent survey mark, under section 35(3). 13
"permanent survey mark" means a mark-- 14
(a) clearly identifiable as a survey mark; and 15
(b) having the characteristics required under a survey standard for a 16
permanent survey mark; and 17
(c) placed as-- 18
(i) evidence of a survey; and 19
(ii) an enduring reference point for surveys. 20
"physical integrity", of a survey mark, means its durability and stability 21
and long term usefulness for its intended purpose. 22
"plan"-- 23
(a) means a chart, map, photograph (including a remotely sensed 24
image) and sketch of land; and 25
(b) includes an electronically produced plan. 26
"public authority" means-- 27
(a) an entity declared under the Public Service Act 1996 to be a 28
department of government; or 29
43
Survey and Mapping Infrastructure Bill 2003
SCHEDULE (continued)
(b) a local government or other entity established by an Act. 1
"reasonably believes" means believes on grounds that are reasonable in 2
the circumstances. 3
"reasonably considers" means considers on grounds that are reasonable in 4
the circumstances. 5
"recognised permanent survey mark" means a survey mark having a 6
particular value for a survey and mapping infrastructure purpose and 7
classified as a recognised permanent survey mark under 8
section 35(3)(b). 9
"registrar of titles" means the registrar of titles under the Land Title 10
Act 1994. 11
"repealed Survey Act" means the Survey Coordination Act 1952. 12
"road" means a road as defined under the Land Act 1994, section 93. 13
"show cause notice" see section 29(1). 14
"State dataset" means 1 of the following-- 15
(a) the administrative area boundary dataset; 16
(b) the State remotely sensed image library; 17
(c) the State digital cadastral dataset; 18
(d) the survey control register; 19
(e) another dataset kept by the chief executive under section 52. 20
"State digital cadastral dataset" see section 46. 21
"State remotely sensed image library" see section 50. 22
"State survey" means a survey carried out under section 33. 23
"survey" includes-- 24
(a) a survey of artificial features on, above or below the earth's 25
surface; and 26
(b) recording the survey on a plan. 27
"survey and mapping infrastructure purpose" means a purpose stated in 28
section 3(1)(a) to (d). 29
"survey control register" see section 51(1). 30
44
Survey and Mapping Infrastructure Bill 2003
SCHEDULE (continued)
"survey error"-- 1
(a) means an error made in carrying out a survey that is capable of 2
correction by-- 3
(i) carrying out another survey; or 4
(ii) amending the plan of survey; or 5
(iii) lodging another plan of survey; and 6
(b) includes carrying out a survey in contravention of a survey 7
standard. 8
"survey guidelines" see section 7(1). 9
"surveying associate" means a person registered as a surveying associate 10
under the Surveyors Act 2003. 11
"surveying graduate" means a person registered as a surveying graduate 12
under the Surveyors Act 2003. 13
"survey mark" means a mark placed as-- 14
(a) evidence of a survey; or 15
(b) a reference point for a survey. 16
"surveyor"-- 17
(a) means a person registered as a surveyor under the Surveyors 18
Act 2003; and 19
(b) for part 3, divisions 3 to 5--includes a surveying associate and 20
surveying graduate. 21
"surveyors board" means the Surveyors Board of Queensland established 22
under the Surveyors Act 2003. 23
"survey quality" means the quality of each of the following-- 24
(a) the way in which the survey is carried out, including the survey 25
marks used; 26
(b) the survey results, including the information collected and the 27
accuracy level achieved; 28
45
Survey and Mapping Infrastructure Bill 2003
SCHEDULE (continued)
(c) the plan of survey. 1
"survey standards" see section 6(1). 2
© State of Queensland 2003
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