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SURVEYING ACT 2004 - SECT 58 Power of entry for cadastral surveys

SURVEYING ACT 2004 - SECT 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.

S. 58(3) substituted by No. 1/2023 s. 34.

    (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 the licensed surveyor or person fails to produce, on request, for inspection by the occupier of the land—

        (a)     an identity card issued to the licensed surveyor under this Part; or

        (b)     identification that shows that the person is acting under the direction and supervision of a licensed surveyor; or

        (c)     if the licensed surveyor is a person who has automatic deemed registration to carry out an activity that may be carried out under a registration under Part 2, evidence of the person's home State registration to carry out that activity.

    (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.