{"id":"qld:sl-2024-0144","name":"Survey and Mapping Infrastructure Regulation 2024","slug":"survey-and-mapping-infrastructure-regulation-2024","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"144 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173708,"registerId":"qld-sl-2024-0144-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Survey and Mapping Infrastructure Regulation 2024 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2024.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"References to cadastral survey","content":"### sec.4 References to cadastral survey\n\nIn this regulation, if the context permits, a reference to a cadastral survey includes a reference to a survey commonly called an identification survey in the surveying profession.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Principles to be applied in carrying out surveys","content":"# Principles to be applied in carrying out surveys","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"All surveys","content":"## All surveys","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Importance of State survey and mapping infrastructure","content":"### sec.5 Importance of State survey and mapping infrastructure\n\nThe State survey and mapping infrastructure is of value to the community because it contributes to the State’s economic, environmental and social development.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"How survey contributes to State survey and mapping infrastructure","content":"### sec.6 How survey contributes to State survey and mapping infrastructure\n\nA survey contributes to the State survey and mapping infrastructure by, for example, ensuring each of the following for the survey—\nsurvey observations achieve an acceptable level of survey quality;\nsurvey marks placed, or survey marks used as reference points for the survey, provide permanent physical evidence of the survey;\nthe physical integrity of the survey marks used are appropriate for the survey’s intended purpose;\nsurvey observations made and survey marks placed comply with the relevant survey standard;\nsurvey records for the survey include a clear description of the survey marks placed;\nif a survey mark from another survey has been incorrectly placed or disturbed, details of the mark are recorded in an appropriate document;\na State dataset\nthe land registry\nrelevant information about the survey and the survey marks placed are recorded in a State dataset;\nthe surveyor for the survey accepts responsibility for the survey quality of the survey.\n- (a) survey observations achieve an acceptable level of survey quality;\n- (b) survey marks placed, or survey marks used as reference points for the survey, provide permanent physical evidence of the survey;\n- (c) the physical integrity of the survey marks used are appropriate for the survey’s intended purpose;\n- (d) survey observations made and survey marks placed comply with the relevant survey standard;\n- (e) survey records for the survey include a clear description of the survey marks placed;\n- (f) if a survey mark from another survey has been incorrectly placed or disturbed, details of the mark are recorded in an appropriate document; Examples of an appropriate document— • a State dataset • the land registry\n- • a State dataset\n- • the land registry\n- (g) relevant information about the survey and the survey marks placed are recorded in a State dataset;\n- (h) the surveyor for the survey accepts responsibility for the survey quality of the survey.\n- • a State dataset\n- • the land registry","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"When survey is of value for survey and mapping infrastructure purpose","content":"### sec.7 When survey is of value for survey and mapping infrastructure purpose\n\nA survey is of value for a survey and mapping infrastructure purpose if, for example, the survey—\nproduces information in a form that can be recorded in a State dataset; or\nplaces permanent survey marks; or\nmakes measurements between permanent survey marks; or\nmakes measurements that establish the relationship between the geodetic reference framework and a subsidiary framework.\ncadastral boundary system\nSubsection (1) does not limit the power of—\nthe chief executive in deciding, under section 34 (1) , 51 (3) (b) or 56 (1) of the Act , whether a survey mark, or information about a survey, is of value for a survey and mapping infrastructure purpose; or\na surveyor in deciding, under section 55 (1) of the Act , whether a survey is of value for a survey and mapping infrastructure purpose.\n(sec.7-ssec.1) A survey is of value for a survey and mapping infrastructure purpose if, for example, the survey— produces information in a form that can be recorded in a State dataset; or places permanent survey marks; or makes measurements between permanent survey marks; or makes measurements that establish the relationship between the geodetic reference framework and a subsidiary framework. cadastral boundary system\n(sec.7-ssec.2) Subsection (1) does not limit the power of— the chief executive in deciding, under section 34 (1) , 51 (3) (b) or 56 (1) of the Act , whether a survey mark, or information about a survey, is of value for a survey and mapping infrastructure purpose; or a surveyor in deciding, under section 55 (1) of the Act , whether a survey is of value for a survey and mapping infrastructure purpose.\n- (a) produces information in a form that can be recorded in a State dataset; or\n- (b) places permanent survey marks; or\n- (c) makes measurements between permanent survey marks; or\n- (d) makes measurements that establish the relationship between the geodetic reference framework and a subsidiary framework. Example of a subsidiary framework— cadastral boundary system\n- (a) the chief executive in deciding, under section 34 (1) , 51 (3) (b) or 56 (1) of the Act , whether a survey mark, or information about a survey, is of value for a survey and mapping infrastructure purpose; or\n- (b) a surveyor in deciding, under section 55 (1) of the Act , whether a survey is of value for a survey and mapping infrastructure purpose.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Intended purpose of survey","content":"### sec.8 Intended purpose of survey\n\nA survey must be carried out in a way that achieves the survey’s intended purpose.\nThe survey’s intended purpose may be achieved by, for example—\ndepicting on the plan of survey the spatial location, and the extent of, the features surveyed; and\nestablishing appropriate survey marks for the survey by, for example—\nplacing survey marks that comply with the relevant survey standard; or\nusing existing survey marks as reference points; and\nachieving a level of survey quality appropriate for the survey’s intended purpose; and\nidentifying, describing and depicting, as appropriate, natural features that are tidal boundaries or non-tidal boundaries of land.\n(sec.8-ssec.1) A survey must be carried out in a way that achieves the survey’s intended purpose.\n(sec.8-ssec.2) The survey’s intended purpose may be achieved by, for example— depicting on the plan of survey the spatial location, and the extent of, the features surveyed; and establishing appropriate survey marks for the survey by, for example— placing survey marks that comply with the relevant survey standard; or using existing survey marks as reference points; and achieving a level of survey quality appropriate for the survey’s intended purpose; and identifying, describing and depicting, as appropriate, natural features that are tidal boundaries or non-tidal boundaries of land.\n- (a) depicting on the plan of survey the spatial location, and the extent of, the features surveyed; and\n- (b) establishing appropriate survey marks for the survey by, for example— (i) placing survey marks that comply with the relevant survey standard; or (ii) using existing survey marks as reference points; and\n- (i) placing survey marks that comply with the relevant survey standard; or\n- (ii) using existing survey marks as reference points; and\n- (c) achieving a level of survey quality appropriate for the survey’s intended purpose; and\n- (d) identifying, describing and depicting, as appropriate, natural features that are tidal boundaries or non-tidal boundaries of land.\n- (i) placing survey marks that comply with the relevant survey standard; or\n- (ii) using existing survey marks as reference points; and","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Integrating survey and mapping information","content":"### sec.9 Integrating survey and mapping information\n\nA survey must be capable of being integrated with other surveys.\nThe integration may be achieved by, for example, ensuring appropriate connections are made between the survey and the following when carrying out the survey—\nthe geodetic reference framework;\na subsidiary framework;\ncadastral boundary system\na natural feature forming a boundary of land, including, if appropriate, the former location of a natural feature if the former location still forms a boundary of land;\na permanent improvement on the land.\n(sec.9-ssec.1) A survey must be capable of being integrated with other surveys.\n(sec.9-ssec.2) The integration may be achieved by, for example, ensuring appropriate connections are made between the survey and the following when carrying out the survey— the geodetic reference framework; a subsidiary framework; cadastral boundary system a natural feature forming a boundary of land, including, if appropriate, the former location of a natural feature if the former location still forms a boundary of land; a permanent improvement on the land.\n- (a) the geodetic reference framework;\n- (b) a subsidiary framework; Example— cadastral boundary system\n- (c) a natural feature forming a boundary of land, including, if appropriate, the former location of a natural feature if the former location still forms a boundary of land;\n- (d) a permanent improvement on the land.","sortOrder":11},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Cadastral surveys","content":"## Cadastral surveys","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Application of division","content":"### sec.10 Application of division\n\nThis division applies to a cadastral survey\nThis division applies in addition to, and does not limit, division 1 .\n(sec.10-ssec.1) This division applies to a cadastral survey\n(sec.10-ssec.2) This division applies in addition to, and does not limit, division 1 .","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"How cadastral survey contributes to cadastral boundary system","content":"### sec.11 How cadastral survey contributes to cadastral boundary system\n\nA cadastral survey contributes to the cadastral boundary system by, for example, ensuring each of the following for the survey—\nsurvey observations achieve an acceptable level of survey quality;\nsurvey marks placed, or survey marks used as reference points for the survey, provide permanent physical evidence of the survey;\nthe physical integrity of the survey marks used are appropriate for the survey’s intended purpose;\nsurvey observations made and survey marks placed comply with the relevant survey standard;\nsurvey records for the survey include a clear description of the survey marks placed;\npermanent survey marks are used to assist future reinstatement;\nsurvey records for the survey are kept in—\na State dataset; or\nthe land registry;\nthe cadastral surveyor for the survey—\naccepts responsibility for the survey quality of the survey; and\nkeeps the survey records for the survey in a form suitable as a record of the survey.\n- (a) survey observations achieve an acceptable level of survey quality;\n- (b) survey marks placed, or survey marks used as reference points for the survey, provide permanent physical evidence of the survey;\n- (c) the physical integrity of the survey marks used are appropriate for the survey’s intended purpose;\n- (d) survey observations made and survey marks placed comply with the relevant survey standard;\n- (e) survey records for the survey include a clear description of the survey marks placed;\n- (f) permanent survey marks are used to assist future reinstatement;\n- (g) survey records for the survey are kept in— (i) a State dataset; or (ii) the land registry;\n- (i) a State dataset; or\n- (ii) the land registry;\n- (h) the cadastral surveyor for the survey— (i) accepts responsibility for the survey quality of the survey; and (ii) keeps the survey records for the survey in a form suitable as a record of the survey.\n- (i) accepts responsibility for the survey quality of the survey; and\n- (ii) keeps the survey records for the survey in a form suitable as a record of the survey.\n- (i) a State dataset; or\n- (ii) the land registry;\n- (i) accepts responsibility for the survey quality of the survey; and\n- (ii) keeps the survey records for the survey in a form suitable as a record of the survey.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Boundary locations","content":"### sec.12 Boundary locations\n\nThe plan of survey for a cadastral survey must, for a parcel of land surveyed—\ndescribe and show the location of each existing boundary of the land; and\nif the survey is carried out for registering an interest in the land—describe and show each boundary of the land the subject of the interest.\nA boundary of land is shown on the plan by recording—\nall of the following things used as reference points for the survey—\npermanent improvements on the land;\nexisting survey marks;\nsurvey marks placed in carrying out the survey; and\nthe length and direction of the boundary.\nA boundary of land must be marked on the land in a way that a person on the land can identify the boundary.\nHowever, subsection (3) does not apply if—\nthe client of the surveyor marking the boundary gives the surveyor written notice that the client does not require the boundary to be marked as required by subsection (3) ; and\nthe surveyor complies with the relevant survey standard when marking the boundary of land; and\nthe reference points used for the survey include a recognised permanent survey mark.\n(sec.12-ssec.1) The plan of survey for a cadastral survey must, for a parcel of land surveyed— describe and show the location of each existing boundary of the land; and if the survey is carried out for registering an interest in the land—describe and show each boundary of the land the subject of the interest.\n(sec.12-ssec.2) A boundary of land is shown on the plan by recording— all of the following things used as reference points for the survey— permanent improvements on the land; existing survey marks; survey marks placed in carrying out the survey; and the length and direction of the boundary.\n(sec.12-ssec.3) A boundary of land must be marked on the land in a way that a person on the land can identify the boundary.\n(sec.12-ssec.4) However, subsection (3) does not apply if— the client of the surveyor marking the boundary gives the surveyor written notice that the client does not require the boundary to be marked as required by subsection (3) ; and the surveyor complies with the relevant survey standard when marking the boundary of land; and the reference points used for the survey include a recognised permanent survey mark.\n- (a) describe and show the location of each existing boundary of the land; and\n- (b) if the survey is carried out for registering an interest in the land—describe and show each boundary of the land the subject of the interest.\n- (a) all of the following things used as reference points for the survey— (i) permanent improvements on the land; (ii) existing survey marks; (iii) survey marks placed in carrying out the survey; and\n- (i) permanent improvements on the land;\n- (ii) existing survey marks;\n- (iii) survey marks placed in carrying out the survey; and\n- (b) the length and direction of the boundary.\n- (i) permanent improvements on the land;\n- (ii) existing survey marks;\n- (iii) survey marks placed in carrying out the survey; and\n- (a) the client of the surveyor marking the boundary gives the surveyor written notice that the client does not require the boundary to be marked as required by subsection (3) ; and\n- (b) the surveyor complies with the relevant survey standard when marking the boundary of land; and\n- (c) the reference points used for the survey include a recognised permanent survey mark.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Taking account of parties’ rights and obligations","content":"### sec.13 Taking account of parties’ rights and obligations\n\nA cadastral surveyor carrying out a cadastral survey must, in identifying or marking a boundary of land, take account of the rights and obligations of each party affected by the boundary.\nan owner of land sharing the boundary\nan owner of land near the boundary if the owner’s understanding of the position of the boundaries of the owner’s land may change as a result of reinstating the boundary\nan owner of land benefited by an easement if the owner’s understanding of the position of the boundaries of the easement may change as a result of reinstating the boundary\nThe affected parties rights and obligations may be taken account of by, for example, ensuring each of the following for the cadastral survey—\ncadastral boundaries are reinstated in accordance with the hierarchy of reinstatement evidence;\ncadastral boundaries are defined by abuttals with no gaps between, or overlaps of, the boundaries;\nany natural feature forming a boundary of land is clearly described on the plan of survey for the cadastral survey and the feature’s position is shown on the plan;\nif there is an apparent irregularity in information recorded for an existing survey mark, the irregularity is recorded in—\na State dataset; or\nthe land registry;\nObservations made by the surveyor relating to a survey mark differ from the information recorded for the mark in a State dataset.\nany encroachment is identified and, if the encroachment is substantial, each owner of land affected by the encroachment is notified.\n(sec.13-ssec.1) A cadastral surveyor carrying out a cadastral survey must, in identifying or marking a boundary of land, take account of the rights and obligations of each party affected by the boundary. an owner of land sharing the boundary an owner of land near the boundary if the owner’s understanding of the position of the boundaries of the owner’s land may change as a result of reinstating the boundary an owner of land benefited by an easement if the owner’s understanding of the position of the boundaries of the easement may change as a result of reinstating the boundary\n(sec.13-ssec.2) The affected parties rights and obligations may be taken account of by, for example, ensuring each of the following for the cadastral survey— cadastral boundaries are reinstated in accordance with the hierarchy of reinstatement evidence; cadastral boundaries are defined by abuttals with no gaps between, or overlaps of, the boundaries; any natural feature forming a boundary of land is clearly described on the plan of survey for the cadastral survey and the feature’s position is shown on the plan; if there is an apparent irregularity in information recorded for an existing survey mark, the irregularity is recorded in— a State dataset; or the land registry; Observations made by the surveyor relating to a survey mark differ from the information recorded for the mark in a State dataset. any encroachment is identified and, if the encroachment is substantial, each owner of land affected by the encroachment is notified.\n- • an owner of land sharing the boundary\n- • an owner of land near the boundary if the owner’s understanding of the position of the boundaries of the owner’s land may change as a result of reinstating the boundary\n- • an owner of land benefited by an easement if the owner’s understanding of the position of the boundaries of the easement may change as a result of reinstating the boundary\n- (a) cadastral boundaries are reinstated in accordance with the hierarchy of reinstatement evidence;\n- (b) cadastral boundaries are defined by abuttals with no gaps between, or overlaps of, the boundaries;\n- (c) any natural feature forming a boundary of land is clearly described on the plan of survey for the cadastral survey and the feature’s position is shown on the plan;\n- (d) if there is an apparent irregularity in information recorded for an existing survey mark, the irregularity is recorded in— (i) a State dataset; or (ii) the land registry; Example of an apparent irregularity— Observations made by the surveyor relating to a survey mark differ from the information recorded for the mark in a State dataset.\n- (i) a State dataset; or\n- (ii) the land registry;\n- (e) any encroachment is identified and, if the encroachment is substantial, each owner of land affected by the encroachment is notified.\n- (i) a State dataset; or\n- (ii) the land registry;","sortOrder":16},{"sectionNumber":"pt.3","sectionType":"part","heading":"Geodetic reference framework","content":"# Geodetic reference framework","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Geodetic reference framework— Act , s 6","content":"### sec.14 Geodetic reference framework— Act , s 6\n\nFor section 6 (4) of the Act , the geodetic reference framework is—\nfor latitude and longitude—GDA2020; or\nfor mapping projection—MGA2020.\nIn this section—\nGDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 September 2024.\nMGA2020 means the system of rectangular coordinates derived from a Universal Transverse Mercator projection of latitudes and longitudes that are based on GDA2020.\n(sec.14-ssec.1) For section 6 (4) of the Act , the geodetic reference framework is— for latitude and longitude—GDA2020; or for mapping projection—MGA2020.\n(sec.14-ssec.2) In this section— GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 September 2024. MGA2020 means the system of rectangular coordinates derived from a Universal Transverse Mercator projection of latitudes and longitudes that are based on GDA2020.\n- (a) for latitude and longitude—GDA2020; or\n- (b) for mapping projection—MGA2020.","sortOrder":18},{"sectionNumber":"pt.4","sectionType":"part","heading":"Provisions about survey standard and survey guideline matters","content":"# Provisions about survey standard and survey guideline matters","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Survey standard may be made about supervision","content":"### sec.15 Survey standard may be made about supervision\n\nA survey standard may be made about the supervision of persons carrying out cadastral surveys.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Placing and reinstating survey marks","content":"### sec.16 Placing and reinstating survey marks\n\nA person must not place or reinstate a survey mark for a cadastral survey unless—\nthe person is a cadastral surveyor; or\nthe person is—\nregistered under the Surveyors Act 2003 ; and\nsupervised by a cadastral surveyor.\nMaximum penalty—20 penalty units.\nA person must not place or reinstate a permanent survey mark for a survey unless the person is—\na surveyor; or\na person supervised by a surveyor.\nMaximum penalty—20 penalty units.\n(sec.16-ssec.1) A person must not place or reinstate a survey mark for a cadastral survey unless— the person is a cadastral surveyor; or the person is— registered under the Surveyors Act 2003 ; and supervised by a cadastral surveyor. Maximum penalty—20 penalty units.\n(sec.16-ssec.2) A person must not place or reinstate a permanent survey mark for a survey unless the person is— a surveyor; or a person supervised by a surveyor. Maximum penalty—20 penalty units.\n- (a) the person is a cadastral surveyor; or\n- (b) the person is— (i) registered under the Surveyors Act 2003 ; and (ii) supervised by a cadastral surveyor.\n- (i) registered under the Surveyors Act 2003 ; and\n- (ii) supervised by a cadastral surveyor.\n- (i) registered under the Surveyors Act 2003 ; and\n- (ii) supervised by a cadastral surveyor.\n- (a) a surveyor; or\n- (b) a person supervised by a surveyor.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"New boundaries","content":"### sec.17 New boundaries\n\nInformation derived from an existing survey, whether or not made for cadastral purposes, may be used by a cadastral surveyor in defining a boundary.\nHowever, the cadastral surveyor is responsible for—\nthe accuracy of the information used; and\nthe adequacy of the survey marks used for the survey.\n(sec.17-ssec.1) Information derived from an existing survey, whether or not made for cadastral purposes, may be used by a cadastral surveyor in defining a boundary.\n(sec.17-ssec.2) However, the cadastral surveyor is responsible for— the accuracy of the information used; and the adequacy of the survey marks used for the survey.\n- (a) the accuracy of the information used; and\n- (b) the adequacy of the survey marks used for the survey.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Preparing plans without carrying out cadastral survey","content":"### sec.18 Preparing plans without carrying out cadastral survey\n\nA cadastral surveyor may prepare a plan of survey for a cadastral survey without carrying out the survey if—\nthe plan is prepared from information sourced from an existing survey, whether or not made for cadastral purposes; and\nthe area and dimensions of the land are sufficiently accurate for the plan’s intended purpose.\nto register an interest in land\nIf a cadastral surveyor prepares a plan under subsection (1) —\nthe plan must be in the approved form and signed by the surveyor; and\nthe surveyor must certify that the plan was prepared in accordance with this section.\nThe cadastral surveyor is responsible for the accuracy of the information used for preparing the plan.\n(sec.18-ssec.1) A cadastral surveyor may prepare a plan of survey for a cadastral survey without carrying out the survey if— the plan is prepared from information sourced from an existing survey, whether or not made for cadastral purposes; and the area and dimensions of the land are sufficiently accurate for the plan’s intended purpose. to register an interest in land\n(sec.18-ssec.2) If a cadastral surveyor prepares a plan under subsection (1) — the plan must be in the approved form and signed by the surveyor; and the surveyor must certify that the plan was prepared in accordance with this section.\n(sec.18-ssec.3) The cadastral surveyor is responsible for the accuracy of the information used for preparing the plan.\n- (a) the plan is prepared from information sourced from an existing survey, whether or not made for cadastral purposes; and\n- (b) the area and dimensions of the land are sufficiently accurate for the plan’s intended purpose. Example of intended purpose— to register an interest in land\n- (a) the plan must be in the approved form and signed by the surveyor; and\n- (b) the surveyor must certify that the plan was prepared in accordance with this section.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Reinstating existing boundaries","content":"### sec.19 Reinstating existing boundaries\n\nThis section applies if a cadastral surveyor carries out, or is responsible for carrying out, a cadastral survey to find out the position of an existing boundary on land.\nThe cadastral surveyor must ensure each of the following for the cadastral survey—\nevidence of the position of the existing boundary on the land is identified by locating the positions, and finding the descriptions, of existing survey marks and permanent improvements on the land that have been used to define the boundary;\nprimary consideration is given to the existing survey marks on the land unless there is other evidence to suggest that the existing marks are incorrectly placed or disturbed;\nthe original measurements\nthe position of a permanent improvement on the land\na statement by an occupier of the land\nif an existing survey mark is incorrectly placed or disturbed—\nthe position of the mark is recorded; and\nthe mark is reinstated in accordance with the hierarchy of reinstatement evidence;\nif a discrepancy arises in relation to the placement of an existing survey mark, the following details are included in the survey records—\na clear description of the survey mark;\nsufficient information to show the discrepancy;\nif the plan of survey is to be registered under a registration Act, sufficient information to enable the registering entity to register the plan;\nif a natural feature forms a boundary of the land, determine if the position of the feature is significantly different from the position marked on the registered plan for the land;\nA cadastral surveyor may be required to decide whether or not the location at law of a tidal or non-tidal boundary, as provided for in part 7 of the Act , is consistent with the boundary’s position as marked on the registered plan for the land.\nany encroachments on the land are recorded;\nthe position of any permanent improvements on the land that affect, or are affected by, any reinstated boundary are recorded.\nMaximum penalty—10 penalty units.\nIn this section—\nregistered plan means a plan registered under a registration Act.\n(sec.19-ssec.1) This section applies if a cadastral surveyor carries out, or is responsible for carrying out, a cadastral survey to find out the position of an existing boundary on land.\n(sec.19-ssec.2) The cadastral surveyor must ensure each of the following for the cadastral survey— evidence of the position of the existing boundary on the land is identified by locating the positions, and finding the descriptions, of existing survey marks and permanent improvements on the land that have been used to define the boundary; primary consideration is given to the existing survey marks on the land unless there is other evidence to suggest that the existing marks are incorrectly placed or disturbed; the original measurements the position of a permanent improvement on the land a statement by an occupier of the land if an existing survey mark is incorrectly placed or disturbed— the position of the mark is recorded; and the mark is reinstated in accordance with the hierarchy of reinstatement evidence; if a discrepancy arises in relation to the placement of an existing survey mark, the following details are included in the survey records— a clear description of the survey mark; sufficient information to show the discrepancy; if the plan of survey is to be registered under a registration Act, sufficient information to enable the registering entity to register the plan; if a natural feature forms a boundary of the land, determine if the position of the feature is significantly different from the position marked on the registered plan for the land; A cadastral surveyor may be required to decide whether or not the location at law of a tidal or non-tidal boundary, as provided for in part 7 of the Act , is consistent with the boundary’s position as marked on the registered plan for the land. any encroachments on the land are recorded; the position of any permanent improvements on the land that affect, or are affected by, any reinstated boundary are recorded. Maximum penalty—10 penalty units.\n(sec.19-ssec.3) In this section— registered plan means a plan registered under a registration Act.\n- (a) evidence of the position of the existing boundary on the land is identified by locating the positions, and finding the descriptions, of existing survey marks and permanent improvements on the land that have been used to define the boundary;\n- (b) primary consideration is given to the existing survey marks on the land unless there is other evidence to suggest that the existing marks are incorrectly placed or disturbed; Examples of other evidence— • the original measurements • the position of a permanent improvement on the land • a statement by an occupier of the land\n- • the original measurements\n- • the position of a permanent improvement on the land\n- • a statement by an occupier of the land\n- (c) if an existing survey mark is incorrectly placed or disturbed— (i) the position of the mark is recorded; and (ii) the mark is reinstated in accordance with the hierarchy of reinstatement evidence;\n- (i) the position of the mark is recorded; and\n- (ii) the mark is reinstated in accordance with the hierarchy of reinstatement evidence;\n- (d) if a discrepancy arises in relation to the placement of an existing survey mark, the following details are included in the survey records— (i) a clear description of the survey mark; (ii) sufficient information to show the discrepancy; (iii) if the plan of survey is to be registered under a registration Act, sufficient information to enable the registering entity to register the plan;\n- (i) a clear description of the survey mark;\n- (ii) sufficient information to show the discrepancy;\n- (iii) if the plan of survey is to be registered under a registration Act, sufficient information to enable the registering entity to register the plan;\n- (e) if a natural feature forms a boundary of the land, determine if the position of the feature is significantly different from the position marked on the registered plan for the land; Example— A cadastral surveyor may be required to decide whether or not the location at law of a tidal or non-tidal boundary, as provided for in part 7 of the Act , is consistent with the boundary’s position as marked on the registered plan for the land.\n- (f) any encroachments on the land are recorded;\n- (g) the position of any permanent improvements on the land that affect, or are affected by, any reinstated boundary are recorded.\n- • the original measurements\n- • the position of a permanent improvement on the land\n- • a statement by an occupier of the land\n- (i) the position of the mark is recorded; and\n- (ii) the mark is reinstated in accordance with the hierarchy of reinstatement evidence;\n- (i) a clear description of the survey mark;\n- (ii) sufficient information to show the discrepancy;\n- (iii) if the plan of survey is to be registered under a registration Act, sufficient information to enable the registering entity to register the plan;","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Notice of plan of survey with reinstated boundary","content":"### sec.20 Notice of plan of survey with reinstated boundary\n\nThis section applies if a cadastral surveyor—\nreinstates a boundary of land in carrying out a cadastral survey mentioned in section 19 (1) ; and\nconsiders an owner of land may be adversely affected by the reinstatement.\nThe surveyor must—\ntake all reasonable steps to notify the owner in writing that the surveyor is to give, under section 16 of the Act or a registration Act, a copy of the plan of survey for the cadastral survey to a relevant person; and\nadvise the relevant person of the steps taken to notify the owner.\nMaximum penalty—10 penalty units.\n(sec.20-ssec.1) This section applies if a cadastral surveyor— reinstates a boundary of land in carrying out a cadastral survey mentioned in section 19 (1) ; and considers an owner of land may be adversely affected by the reinstatement.\n(sec.20-ssec.2) The surveyor must— take all reasonable steps to notify the owner in writing that the surveyor is to give, under section 16 of the Act or a registration Act, a copy of the plan of survey for the cadastral survey to a relevant person; and advise the relevant person of the steps taken to notify the owner. Maximum penalty—10 penalty units.\n- (a) reinstates a boundary of land in carrying out a cadastral survey mentioned in section 19 (1) ; and\n- (b) considers an owner of land may be adversely affected by the reinstatement.\n- (a) take all reasonable steps to notify the owner in writing that the surveyor is to give, under section 16 of the Act or a registration Act, a copy of the plan of survey for the cadastral survey to a relevant person; and\n- (b) advise the relevant person of the steps taken to notify the owner.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Additional obligation for cadastral surveyors","content":"### sec.21 Additional obligation for cadastral surveyors\n\nThis section applies if a cadastral surveyor gives, under section 16 of the Act or a registration Act, a copy of a plan of survey for a cadastral survey to a relevant person.\nThe copy of the plan of survey must be accompanied by—\na certificate for the plan of survey in the approved form signed by the cadastral surveyor; and\nany other document reasonably required by the relevant person to perform the person’s functions under the Act or another Act.\nMaximum penalty—20 penalty units.\n(sec.21-ssec.1) This section applies if a cadastral surveyor gives, under section 16 of the Act or a registration Act, a copy of a plan of survey for a cadastral survey to a relevant person.\n(sec.21-ssec.2) The copy of the plan of survey must be accompanied by— a certificate for the plan of survey in the approved form signed by the cadastral surveyor; and any other document reasonably required by the relevant person to perform the person’s functions under the Act or another Act. Maximum penalty—20 penalty units.\n- (a) a certificate for the plan of survey in the approved form signed by the cadastral surveyor; and\n- (b) any other document reasonably required by the relevant person to perform the person’s functions under the Act or another Act.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Certifying particular survey records","content":"### sec.22 Certifying particular survey records\n\nThis section applies if a cadastral surveyor gives a survey record for a cadastral survey to—\nthe chief executive under section 21 (2) (b) or another instrument under the Act ; or\na registering entity under section 21 (2) (b) .\nThe survey record must be accompanied by a certificate for the survey record in the approved form signed by the cadastral surveyor.\nMaximum penalty—6 penalty units.\n(sec.22-ssec.1) This section applies if a cadastral surveyor gives a survey record for a cadastral survey to— the chief executive under section 21 (2) (b) or another instrument under the Act ; or a registering entity under section 21 (2) (b) .\n(sec.22-ssec.2) The survey record must be accompanied by a certificate for the survey record in the approved form signed by the cadastral surveyor. Maximum penalty—6 penalty units.\n- (a) the chief executive under section 21 (2) (b) or another instrument under the Act ; or\n- (b) a registering entity under section 21 (2) (b) .","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Obligation to keep particular survey records","content":"### sec.23 Obligation to keep particular survey records\n\nThis section applies to a survey record for a cadastral survey, other than a survey record for a cadastral survey to which section 22 applies.\nThe cadastral surveyor who carried out, or was responsible for carrying out, the cadastral survey must keep the survey record for at least 6 years after the cadastral survey is carried out, unless the cadastral surveyor has a reasonable excuse.\nMaximum penalty—6 penalty units.\nSubsection (2) applies whether or not all the information from the survey record is shown on the plan of survey for the cadastral survey.\n(sec.23-ssec.1) This section applies to a survey record for a cadastral survey, other than a survey record for a cadastral survey to which section 22 applies.\n(sec.23-ssec.2) The cadastral surveyor who carried out, or was responsible for carrying out, the cadastral survey must keep the survey record for at least 6 years after the cadastral survey is carried out, unless the cadastral surveyor has a reasonable excuse. Maximum penalty—6 penalty units.\n(sec.23-ssec.3) Subsection (2) applies whether or not all the information from the survey record is shown on the plan of survey for the cadastral survey.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Survey accuracy","content":"### sec.24 Survey accuracy\n\nA cadastral surveyor who carries out, or is responsible for carrying out, a cadastral survey must ensure any survey equipment used for the survey is—\nstandardised; and\ncapable of achieving the accuracy stated in the relevant survey standard for cadastral surveys.\nMaximum penalty—6 penalty units.\n- (a) standardised; and\n- (b) capable of achieving the accuracy stated in the relevant survey standard for cadastral surveys.","sortOrder":29},{"sectionNumber":"pt.5","sectionType":"part","heading":"Watercourse identification and non-tidal boundary (watercourse) location","content":"# Watercourse identification and non-tidal boundary (watercourse) location","sortOrder":30},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Purpose of part","content":"### sec.25 Purpose of part\n\nThe purpose of this part is to support the application of the provisions of part 7 , division 4 of the Act relating to the identification of watercourses and establishing the location at law of non-tidal boundaries (watercourse).","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Meaning of terms used in part","content":"### sec.26 Meaning of terms used in part\n\nIf a term used in this part is defined for part 7 of the Act , the term has the same meaning in this part and in schedule 1 .","sortOrder":33},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Supporting provisions","content":"## Supporting provisions","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Diagram depicting different valley reaches","content":"### sec.27 Diagram depicting different valley reaches\n\nDiagram A in schedule 1 , part 1 depicts in overview the upper, middle and lower valley reaches of a valley drained by a typical watercourse.","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Explanations and accompanying cross-section diagrams for typical upper valley reach","content":"### sec.28 Explanations and accompanying cross-section diagrams for typical upper valley reach\n\nSchedule 1 , part 2 —\ngives an explanation of the characteristics of a typical upper valley reach and associated watercourse; and\nincludes a diagram (Diagram B) in cross-section form depicting the natural features that are likely to be found in a typical upper valley reach; and\nincludes a diagram (Diagram C) in cross-section form depicting the natural features that are likely to be found in a typical watercourse in an upper valley reach and can help in locating non-tidal boundaries (watercourse).\n- (a) gives an explanation of the characteristics of a typical upper valley reach and associated watercourse; and\n- (b) includes a diagram (Diagram B) in cross-section form depicting the natural features that are likely to be found in a typical upper valley reach; and\n- (c) includes a diagram (Diagram C) in cross-section form depicting the natural features that are likely to be found in a typical watercourse in an upper valley reach and can help in locating non-tidal boundaries (watercourse).","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Explanations and accompanying cross-section diagrams for typical middle valley reach","content":"### sec.29 Explanations and accompanying cross-section diagrams for typical middle valley reach\n\nSchedule 1 , part 3 —\ngives an explanation of the characteristics of a typical middle valley reach and associated watercourse; and\nincludes a diagram (Diagram D) in cross-section form depicting the natural features that are likely to be found in a typical middle valley reach; and\nincludes a diagram (Diagram E) in cross-section form depicting the natural features that are likely to be found in a typical watercourse in a middle valley reach and can help in locating non-tidal boundaries (watercourse).\n- (a) gives an explanation of the characteristics of a typical middle valley reach and associated watercourse; and\n- (b) includes a diagram (Diagram D) in cross-section form depicting the natural features that are likely to be found in a typical middle valley reach; and\n- (c) includes a diagram (Diagram E) in cross-section form depicting the natural features that are likely to be found in a typical watercourse in a middle valley reach and can help in locating non-tidal boundaries (watercourse).","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Explanations and accompanying cross-section diagrams for typical lower valley reach","content":"### sec.30 Explanations and accompanying cross-section diagrams for typical lower valley reach\n\nSchedule 1 , part 4 —\ngives an explanation of the characteristics of a typical lower valley reach and associated watercourse; and\nincludes a diagram (Diagram F) in cross-section form depicting the natural features that are likely to be found in a typical lower valley reach; and\nincludes a diagram (Diagram G) in cross-section form depicting the natural features that are likely to be found in a typical watercourse in a lower valley reach and can help in locating non-tidal boundaries (watercourse); and\nincludes a diagram (Diagram H) in cross-section form depicting the natural features that are likely to be found in a typical lower valley reach where 2 or more watercourses in the form of anabranches are contained within the valley; and\nincludes a diagram (Diagram I) in cross-section form depicting the natural features that—\nare likely to be found in typical watercourses in a lower valley reach where the valley contains 2 or more watercourses in the form of anabranches; and\ncan help in locating non-tidal boundaries (watercourse) in a multiple watercourse environment.\n- (a) gives an explanation of the characteristics of a typical lower valley reach and associated watercourse; and\n- (b) includes a diagram (Diagram F) in cross-section form depicting the natural features that are likely to be found in a typical lower valley reach; and\n- (c) includes a diagram (Diagram G) in cross-section form depicting the natural features that are likely to be found in a typical watercourse in a lower valley reach and can help in locating non-tidal boundaries (watercourse); and\n- (d) includes a diagram (Diagram H) in cross-section form depicting the natural features that are likely to be found in a typical lower valley reach where 2 or more watercourses in the form of anabranches are contained within the valley; and\n- (e) includes a diagram (Diagram I) in cross-section form depicting the natural features that— (i) are likely to be found in typical watercourses in a lower valley reach where the valley contains 2 or more watercourses in the form of anabranches; and (ii) can help in locating non-tidal boundaries (watercourse) in a multiple watercourse environment.\n- (i) are likely to be found in typical watercourses in a lower valley reach where the valley contains 2 or more watercourses in the form of anabranches; and\n- (ii) can help in locating non-tidal boundaries (watercourse) in a multiple watercourse environment.\n- (i) are likely to be found in typical watercourses in a lower valley reach where the valley contains 2 or more watercourses in the form of anabranches; and\n- (ii) can help in locating non-tidal boundaries (watercourse) in a multiple watercourse environment.","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"Additional information about applicability of cross-section diagrams","content":"### sec.31 Additional information about applicability of cross-section diagrams\n\nFor any valley, a particular valley reach could contain a section of valley reach, or a section of watercourse within a section of valley reach that may be different to a valley reach and watercourse cross-section depicted in schedule 1 , parts 2 , 3 and 4 .\nThe cross-section of part of a middle valley reach of a particular watercourse might more closely resemble what is typical for an upper valley reach cross-section, and the cross-section of part of a lower valley reach of a particular watercourse might more closely resemble what is typical for a middle valley reach cross-section.\nAccordingly, a cross-section diagram could be used to help in the location of a non-tidal boundary (watercourse), regardless of the valley reach in which the section of watercourse under consideration is located.\n(sec.31-ssec.1) For any valley, a particular valley reach could contain a section of valley reach, or a section of watercourse within a section of valley reach that may be different to a valley reach and watercourse cross-section depicted in schedule 1 , parts 2 , 3 and 4 . The cross-section of part of a middle valley reach of a particular watercourse might more closely resemble what is typical for an upper valley reach cross-section, and the cross-section of part of a lower valley reach of a particular watercourse might more closely resemble what is typical for a middle valley reach cross-section.\n(sec.31-ssec.2) Accordingly, a cross-section diagram could be used to help in the location of a non-tidal boundary (watercourse), regardless of the valley reach in which the section of watercourse under consideration is located.","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"References to valley margins","content":"### sec.32 References to valley margins\n\nFor schedule 1 , a reference to a valley margin in relation to a valley drained by a watercourse is taken to be a reference to the bedrock feature that forms a lateral extent of the valley floor.\nA valley margin may consist of a hill, cliff, ridge or mountain.\nWhether a valley margin is a hill, cliff, ridge or mountain will depend on where the valley margin is situated in the valley.\nA valley margin in an upper valley reach could be a mountain but, in a lower valley reach, a valley margin is likely to be no higher than a ridge.\n(sec.32-ssec.1) For schedule 1 , a reference to a valley margin in relation to a valley drained by a watercourse is taken to be a reference to the bedrock feature that forms a lateral extent of the valley floor.\n(sec.32-ssec.2) A valley margin may consist of a hill, cliff, ridge or mountain.\n(sec.32-ssec.3) Whether a valley margin is a hill, cliff, ridge or mountain will depend on where the valley margin is situated in the valley. A valley margin in an upper valley reach could be a mountain but, in a lower valley reach, a valley margin is likely to be no higher than a ridge.","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"References to terraces","content":"### sec.33 References to terraces\n\nFor schedule 1 , a reference to a terrace in relation to a valley drained by a watercourse is taken to be a reference to an abandoned floodplain that is situated above an active floodplain associated with the watercourse.\nA terrace is formed when floodplains are abandoned during down cutting into the valley floor by base level change in the form of tectonic activity, by shifts in sediment load or by changes in the flow regime of the watercourse.\n(sec.33-ssec.1) For schedule 1 , a reference to a terrace in relation to a valley drained by a watercourse is taken to be a reference to an abandoned floodplain that is situated above an active floodplain associated with the watercourse.\n(sec.33-ssec.2) A terrace is formed when floodplains are abandoned during down cutting into the valley floor by base level change in the form of tectonic activity, by shifts in sediment load or by changes in the flow regime of the watercourse.","sortOrder":41},{"sectionNumber":"pt.6","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":42},{"sectionNumber":"sec.34","sectionType":"section","heading":"Repeal","content":"### sec.34 Repeal\n\nThe Survey and Mapping Infrastructure Regulation 2014 , SL No. 182 is repealed.","sortOrder":43},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Overview of valley reaches","content":"# Overview of valley reaches","sortOrder":44},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Upper valley reach","content":"# Upper valley reach","sortOrder":45},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Middle valley reach","content":"# Middle valley reach","sortOrder":46},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Lower valley reach","content":"# Lower valley reach","sortOrder":47}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation appears to be a direct update and replacement of the 2014 version of the same regulation, modernising technical standards (notably adopting GDA2020 coordinates replacing the earlier GDA94 system) and refining existing obligations. It does not appear to materially expand or contract the original scope of regulating surveying practice and standards in Queensland."},"complexity_factors":["Requires cross-referencing with the parent Act (Survey and Mapping Infrastructure Act) for many provisions to be fully understood","Uses specialised technical terminology from the surveying profession (geodetic reference framework, cadastral boundary system, hierarchy of reinstatement evidence, GDA2020/MGA2020)","Multiple overlapping divisions applying to different types of surveys (all surveys vs cadastral surveys specifically)","Incorporates technical scientific concepts around watercourse geomorphology (valley reaches, terraces, anabranches) requiring specialist knowledge to apply","Penalty provisions scattered throughout rather than consolidated, requiring careful reading to identify obligations","Exemption conditions (e.g. boundary marking waiver) have multiple cumulative requirements that must all be met","References to multiple other pieces of legislation (Surveyors Act 2003, registration Acts, National Measurement determination) without reproducing their content","Schedule 1 contains technical diagrams (not reproduced in the text) that are integral to applying Part 5"],"plain_english_summary":"## What is this law?\n\nThis is a Queensland regulation (a type of detailed rule made under a broader law called the *Survey and Mapping Infrastructure Act*) that sets out the rules professional surveyors must follow when carrying out land surveys in Queensland. It came into effect on 1 September 2024 and replaces a similar regulation from 2014.\n\n## Who does it affect?\n\n- **Licensed surveyors** (particularly *cadastral surveyors* — professionals who measure and map land boundaries for property ownership purposes)\n- **Landowners** whose property boundaries may be surveyed, reinstated (re-established), or affected by neighbouring surveys\n- **Government agencies** that maintain land records and maps\n- **Anyone buying, selling, or registering an interest in land** in Queensland\n\n## What does it actually do?\n\n**1. Sets principles for all surveys**\nSurveys must be accurate, use proper physical markers (*survey marks* — physical pegs or monuments placed in the ground), and contribute information to the State's shared database of land and mapping information.\n\n**2. Special rules for cadastral surveys (boundary surveys)**\nWhen a surveyor is marking out who owns what land:\n- Boundaries must be clearly shown on plans and physically marked on the land (unless the client requests otherwise in writing)\n- Surveyors must consider the rights of neighbouring landowners who may be affected\n- If a boundary is being re-established, surveyors must follow a set order of evidence (called a *hierarchy of reinstatement evidence*) to figure out where the original boundary was\n- If a landowner might be negatively affected by a reinstated boundary, the surveyor must notify them in writing\n\n**3. Sets Queensland's official map coordinate system**\nAll surveys must use the national GPS-based coordinate system called GDA2020 (the same system used across Australia for GPS positioning) for measuring location.\n\n**4. Qualifications and supervision rules**\nOnly licensed cadastral surveyors (or people they supervise) can place or move survey markers. Penalties of up to 20 penalty units (approximately $3,000) apply for breaches.\n\n**5. Record-keeping obligations**\nSurveyors must keep survey records for at least 6 years and must certify their records with signed certificates when submitting them to government.\n\n**6. Watercourse boundaries**\nProvides technical guidance (including diagrams) to help surveyors identify where land boundaries run along rivers and creeks, which can shift over time. This covers upper, middle, and lower sections of river valleys.\n\n## Why does it matter to ordinary people?\n\nIf you own land, buy property, or have a dispute with a neighbour about where your boundary actually is, this regulation governs how a professional surveyor must determine and mark that boundary. It protects landowners by requiring surveyors to be qualified, follow consistent standards, notify affected neighbours, and keep accurate records."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.12(4)","severity":"medium","reasoning":"Section 12(3) requires a boundary to be marked on the land. Section 12(4) creates an exception where the client gives written notice they do not require boundary marking, but then subsection 12(4)(b) requires the surveyor to 'comply with the relevant survey standard when marking the boundary of land'. If the boundary is not being marked (the whole point of the exception), it is logically impossible to simultaneously comply with standards for marking it. The exception purports to remove the obligation to mark but then reimports it through a compliance condition.","confidence":0.82,"description":"The exception to mandatory boundary marking allows a client to opt out of having boundaries marked on the land, yet simultaneously requires the surveyor to comply with the 'relevant survey standard when marking the boundary'. This creates an impossible compliance scenario: the exception is triggered precisely when no marking is required, yet the exception's own condition requires that marking still comply with marking standards."},{"type":"circular_definition","section":"sec.18","severity":"medium","reasoning":"A 'plan of survey' is ordinarily understood as the output of a survey that has been conducted. Labelling a desk-compiled plan produced from existing data as a 'plan of survey for a cadastral survey' when no cadastral survey has been performed is inherently contradictory. The surveyor must also certify (s18(2)(b)) that 'the plan was prepared in accordance with this section', but cannot certify it as a genuine plan of survey when no survey was undertaken.","confidence":0.72,"description":"Section 18 permits a cadastral surveyor to prepare a 'plan of survey for a cadastral survey' without carrying out the survey. The regulation title calls this a plan of survey for a cadastral survey, yet by definition no cadastral survey has been carried out. This creates a self-contradictory document type: a plan of survey for a survey that was not conducted."},{"type":"other","section":"sec.23(2)","severity":"medium","reasoning":"Record retention in a cadastral context serves critical third-party interests (landowners, courts, registering entities). Allowing a 'reasonable excuse' defence to destroy or fail to retain such records is anomalous because the records may be needed precisely in circumstances where the surveyor finds it inconvenient or difficult to retain them. The provision effectively allows the surveyor to be the judge of their own compliance.","confidence":0.68,"description":"The obligation to keep survey records for at least 6 years is qualified by 'unless the cadastral surveyor has a reasonable excuse'. Permitting a 'reasonable excuse' to justify non-retention of legally mandated survey records undermines the entire purpose of the record-keeping requirement, since the records exist to protect third-party land rights and provide evidence of survey quality."},{"type":"impossible_compliance","section":"sec.19(2)(b) and sec.19(2)(c)","severity":"high","reasoning":"A surveyor who fails to reinstate a mark in accordance with the 'hierarchy of reinstatement evidence' faces a criminal penalty, yet the hierarchy is not defined in the regulation itself, only (presumably) in the survey standard. This creates a situation where the content of a penal obligation is entirely delegated to an external, variable document without the regulation even identifying where that document is found, making compliance verification effectively impossible from the face of the regulation.","confidence":0.75,"description":"Section 19(2)(b) requires that primary consideration be given to existing survey marks 'unless there is other evidence to suggest that the existing marks are incorrectly placed or disturbed'. Section 19(2)(c) then separately requires that if a mark is incorrectly placed or disturbed, it must be reinstated in accordance with the hierarchy of reinstatement evidence. However, the regulation does not define 'hierarchy of reinstatement evidence' anywhere in the body of the regulation, leaving the operative compliance obligation for a criminal penalty provision (maximum 10 penalty units) undefined."},{"type":"retroactive_impossibility","section":"sec.14(2)","severity":"medium","reasoning":"Freezing a technical standard to a single date while the underlying Commonwealth instrument may evolve creates a regulatory absurdity: the regulation would mandate use of a superseded or even revoked Commonwealth standard. Surveyors may be legally required to use a reference frame that the Commonwealth no longer recognises as authoritative.","confidence":0.78,"description":"GDA2020 is defined as the Reference Frame 'as in force on 1 September 2024', freezing the definition at a specific date. This means if the Commonwealth updates or replaces the National Measurement Determination, the geodetic reference framework used in Queensland under this regulation would remain fixed to the 2024 version in perpetuity, potentially causing permanent divergence from the national standard the provision purports to adopt."},{"type":"impossible_compliance","section":"sec.6(h)","severity":"low","reasoning":"While professional responsibility is a well-understood concept, framing it as an operative contribution to infrastructure that a survey must 'ensure' conflates ethical obligation with technical compliance. There is no mechanism by which a regulator could determine whether a surveyor has genuinely 'accepted responsibility' as distinct from merely carrying out the survey.","confidence":0.6,"description":"Section 6 states a survey contributes to the State survey and mapping infrastructure by ensuring 'the surveyor for the survey accepts responsibility for the survey quality of the survey'. Accepting responsibility is a state of mind or professional acknowledgment, not a measurable, enforceable survey action. It is logically impossible to verify compliance with or enforce a requirement to subjectively 'accept responsibility'."}],"contradictions":[{"severity":"high","section_a":"sec.16(1)","section_b":"sec.16(2)","confidence":0.85,"description":"Section 16(1) prohibits placing or reinstating a survey mark for a cadastral survey unless the person is a cadastral surveyor or is registered under the Surveyors Act 2003 AND supervised by a cadastral surveyor. Section 16(2) prohibits placing or reinstating a permanent survey mark for any survey unless the person is a surveyor or supervised by a surveyor. A cadastral survey may involve permanent survey marks, creating overlapping and potentially inconsistent qualification requirements for the same act. Under s16(1), supervision by a cadastral surveyor is required; under s16(2), supervision by any surveyor suffices. A person supervised by a non-cadastral surveyor could comply with s16(2) but breach s16(1) when placing a permanent mark in a cadastral survey."},{"severity":"medium","section_a":"sec.12(3)","section_b":"sec.12(4)(b)","confidence":0.8,"description":"Section 12(3) mandates that a boundary must be marked on the land so a person on the land can identify it. Section 12(4) creates an exception where the client opts out of this requirement, but s12(4)(b) requires that the surveyor nonetheless comply with 'the relevant survey standard when marking the boundary of land'. The two provisions contradict each other: s12(4) removes the obligation to mark while s12(4)(b) reimports a requirement to comply with marking standards, making the exception internally self-defeating."},{"severity":"medium","section_a":"sec.11(g)","section_b":"sec.23(2)","confidence":0.7,"description":"Section 11(g) requires survey records for a cadastral survey to be kept in a State dataset or the land registry (as one of the ways a cadastral survey contributes to the cadastral boundary system). Section 23(2) separately requires the cadastral surveyor to personally keep survey records for at least 6 years. If records are transferred to a State dataset or land registry as contemplated by s11(g), the surveyor may no longer hold them but must still 'keep' them under s23(2), creating a potential double-holding obligation or an impossible compliance scenario where satisfying one provision complicates compliance with the other."},{"severity":"medium","section_a":"sec.17(1)","section_b":"sec.17(2)(a)","confidence":0.72,"description":"Section 17(1) permits a cadastral surveyor to use information from any existing survey in defining a boundary. Section 17(2)(a) then makes the cadastral surveyor responsible for 'the accuracy of the information used'. These provisions are in tension because a surveyor relying on an existing survey's information has no ability to independently verify or guarantee that information's accuracy beyond what was originally recorded—yet is held legally responsible for it. This creates an impossible compliance standard where the surveyor is responsible for accuracy of data they did not generate and cannot independently verify."},{"severity":"medium","section_a":"sec.18(1)","section_b":"sec.8(1)","confidence":0.68,"description":"Section 8(1) mandates that 'a survey must be carried out in a way that achieves the survey's intended purpose', implying a survey must actually be carried out. Section 18(1) permits a cadastral surveyor to prepare a 'plan of survey for a cadastral survey' without carrying out the survey. If the intended purpose requires field survey (e.g., marking physical boundaries under s12(3)), s18 permits circumventing s8(1)'s mandatory requirement, potentially producing a plan that cannot achieve the survey's intended purpose."}]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original intent as a technical implementation instrument under the Survey and Mapping Infrastructure Act. It updates the 2014 version with modern coordinate standards (GDA2020/MGA2020) and maintains the same structural approach of setting survey principles, professional obligations, and technical guidance for watercourse boundaries. No significant scope creep is evident."},"complexity_factors":["Multiple nested conditional exceptions (e.g., section 12(4) has three cumulative conditions for exempting boundary marking requirements)","Extensive cross-referencing to the parent Act (Survey and Mapping Infrastructure Act) without reproducing those provisions, requiring dual reading","Technical terminology requiring domain knowledge (geodetic reference framework, anabranches, hierarchy of reinstatement evidence)","Parallel structure requirements—general surveys (Part 2, Division 1) and additional cadastral survey requirements (Part 2, Division 2) must be read together","Incorporation of external standards by reference ('relevant survey standard' defined elsewhere)","Diagrammatic schedules referenced but not fully reproduced in the text provided (Schedule 1 with multiple diagrams A through I)","Penalty provisions scattered throughout rather than consolidated in a single part"],"plain_english_summary":"This regulation sets out the technical rules and professional standards for land surveying in Queensland, particularly for surveys that define property boundaries (called **cadastral surveys**).\n\n**What it does:**\n- Establishes **principles** that all surveys must follow to ensure they contribute to the State's survey and mapping infrastructure—essentially the official record of where land boundaries are.\n- Specifies that surveys must use the **GDA2020** coordinate system (the national standard for GPS positioning) and **MGA2020** for map projections.\n- Sets **who can legally place survey marks**: only registered cadastral surveyors (or their supervised assistants for certain tasks).\n- Details **how to reinstate old boundaries** when there's a dispute or uncertainty, including requirements to notify affected landowners if a boundary move might disadvantage them.\n- Provides **technical guidance** for identifying watercourses and locating boundaries along rivers and streams, with diagrams showing different types of valleys (upper, middle, and lower reaches).\n\n**Who it affects:**\n- **Licensed surveyors** (cadastral surveyors), who must follow these rules or face penalties (up to 20 penalty units for serious breaches).\n- **Landowners and property buyers**, who rely on accurate surveys to know exactly where their property lines are.\n- **Government agencies** that maintain land registry records and state mapping datasets.\n\n**Why it matters:**\nProperty boundaries are only as reliable as the surveys that define them. This regulation ensures that when you buy a block of land, the fence line matches the legal title, and that surveyors across Queensland work to consistent, high standards. It also modernises the system by mandating current GPS standards (GDA2020) and repeals the 2014 version of these rules."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/survey-and-mapping-infrastructure-regulation-2024","history":"/api/acts/survey-and-mapping-infrastructure-regulation-2024/history","analysis":"/api/acts/survey-and-mapping-infrastructure-regulation-2024/analysis","conflicts":"/api/acts/survey-and-mapping-infrastructure-regulation-2024/conflicts","importantCases":"/api/acts/survey-and-mapping-infrastructure-regulation-2024/important-cases","documents":"/api/acts/survey-and-mapping-infrastructure-regulation-2024/documents"}}