Victorian Consolidated Legislation

Surveying Act 2004 - SECT 58

Power of entry for cadastral surveys

58. Power of entry for cadastral surveys



(1) In this section-

business day means a day other than a Saturday, a Sunday or a public holiday
appointed under the Public Holidays Act 1993.

(2) A licensed surveyor, or a person acting under the direction and
supervision of a licensed surveyor, may, during ordinary working hours on any
business day and after giving reasonable notice to the occupier of the land,
enter land and do on the land all acts, including the placing of survey pegs
or survey marks that are reasonably necessary for the purposes of a cadastral
survey.

(3) A licensed surveyor, or a person acting under the direction and
supervision of a licensed surveyor, may not exercise any powers under this
section if he or she fails to produce, on request, for inspection by the
occupier of the land the identity card issued to the licensed surveyor under
this Part or identification that shows that the person is acting under the
direction and supervision of a licensed surveyor.

(4) A person may not, under this section, enter a residence unless the
occupier of the residence-

   (a)  has consented in writing to the entry; and

   (b)  is given a copy of the signed consent immediately.

(5) If, in any proceeding, a written consent is not produced to the court, it
must be presumed, until the contrary is proved, that the occupier of the
residence did not consent to the entry.

(6) A licensed surveyor is liable for damage caused by the licensed surveyor
or a person acting under his or her direction and supervision in the exercise
of powers under this section but is not liable for trespass in the exercise of
those powers.