{"id":"nsw:act-2002-083","name":"Surveying and Spatial Information Act 2002","slug":"surveying-and-spatial-information-act-2002","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"83 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105031,"registerId":"nsw-act-2002-083-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Surveying and Spatial Information Act 2002](/view/html/inforce/current/act-2002-083).\n> \n> **s 1:** Am 2009 No 119, Sch 1 \\[1\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Objects of Act","content":"#### 2A Objects of Act\n\n2A Objects of Act\n\n> The objects of this Act are—\n> \n> > (a) to provide for the registration of land surveyors and mining surveyors to ensure that only appropriately qualified persons carry out land surveys and mining surveys, and\n> \n> > (b) to ensure that registered surveyors provide services to the public in a professional and competent manner, and\n> \n> > (c) to provide for the maintenance of a State cadastre and ensure its integrity, and\n> \n> > (d) to provide for the co-ordination of surveys carried out by public authorities and for the establishment of a State control survey, and\n> \n> > (e) to provide for the investigation of, and the giving of advice to the Government relating to, the collection, collation and dissemination of spatial information other than surveys.\n> \n> **s 2A:** Ins 2009 No 119, Sch 1 \\[2\\].","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Australian Height Datum means the datum surface prescribed by the regulations for the purposes of this definition.\n> > \n> > Board means the Board of Surveying and Spatial Information constituted by section 27.\n> > \n> > Department means the Department of Finance, Services and Innovation.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > firm means a corporation or a partnership or other unincorporated association of persons.\n> > \n> > formal land survey plan means a survey plan describing the results of a land survey, being a plan prepared in accordance with the regulations by or on behalf of a registered land surveyor.\n> > \n> > formal mining survey plan means a survey plan describing the results of a mining survey, being a plan prepared in accordance with the regulations by or on behalf of a registered mining surveyor.\n> > \n> > formal survey plan means a formal land survey plan or a formal mining survey plan.\n> > \n> > function includes power, authority or duty.\n> > \n> > Geocentric Datum of Australia means the datum surface prescribed by the regulations for the purposes of this definition.\n> > \n> > land survey means a survey (other than a mining survey) that is carried out in connection with—\n> > \n> > > (a) the reservation or dedication of land for any purpose, or\n> > \n> > > (b) the creation, variation, transfer or extinguishment of any interest in land, or\n> > \n> > > (c) the preparation of a plan for lodgment under Division 3 of Part 23 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006), or\n> > \n> > > (c1) the preparation of documents required to be prepared under the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051) by a registered land surveyor, or\n> > \n> > > (d) the identification or marking out, or both, of the boundaries of a parcel of land.\n> > \n> > mining survey means a survey that is carried out for the purposes of the [Work Health and Safety (Mines and Petroleum Sites) Act 2013](/view/html/inforce/current/act-2013-054).\n> > \n> > permanent survey mark means a survey mark that is in a form or style declared by the regulations to be the form or style for a permanent survey mark under this Act.\n> > \n> > public authority means a Public Service agency, local government authority, State owned corporation or statutory body representing the Crown.\n> > \n> > public survey means a survey in respect of which details are included in the register of public surveys.\n> > \n> > register of public surveys means the register referred to in section 7.\n> > \n> > register of surveyors means the register referred to in section 15.\n> > \n> > registered land surveyor means a person who is registered as a land surveyor under this Act.\n> > \n> > registered mining surveyor means a person who is registered as a mining surveyor under this Act.\n> > \n> > registered surveyor means a registered land surveyor or registered mining surveyor.\n> > \n> > Registrar of the Board means the person employed in the Public Service as the Registrar of the Board.\n> > \n> > spatial information—see section 3A.\n> > \n> > State cadastre means an inventory that records boundaries, dimensions and measurements on, above or below the Earth’s surface for the purpose of defining rights, interests, restrictions and responsibilities within the jurisdiction of New South Wales.\n> > \n> > State control survey means the State control survey referred to in section 4 (1).\n> > \n> > student of surveying has the meaning given to that expression by the regulations.\n> > \n> > survey, when used as a noun, means an activity that includes any of the following—\n> > \n> > > (a) the taking of measurements of distance, height, depth, level or direction in relation to land, including the air space above land and the subsurface below land and including land covered by water,\n> > \n> > > (b) the insertion of survey marks in or on any land,\n> > \n> > > (c) the recording of any measurements so taken and the location of any survey marks so inserted,\n> > \n> > > (d) the collating of any measurements and locations so recorded,\n> > \n> > > (e) the preparation of plans or other documents (whether in writing or in electronic form) to illustrate the results of any such measurements or the location of any such survey marks,\n> > \n> > but does not include any activity involved in mapping or the preparation of navigational charts or any other activity declared by the regulations not to be a survey.\n> > \n> > survey drafter has the meaning given to that expression by the regulations.\n> > \n> > survey mark means a mark that is in a form or style declared by the regulations to be the form or style for a survey mark under this Act.\n> > \n> > survey plan means a plan of the kind referred to in paragraph (e) of the definition of survey.\n> > \n> > Surveyor-General means the person employed in the Public Service as the Surveyor-General.\n> > \n> > surveyor’s assistant has the meaning given to that expression by the regulations.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes in the text of this Act do not form part of this Act.\n> \n> **s 3:** Am 2002 No 129, Sch 2.16; 2004 No 74, Sch 4.11; 2005 No 53, Sch 1 \\[1\\] \\[2\\]; 2006 No 2, Sch 4.64 \\[1\\]; 2009 No 119, Sch 1 \\[3\\]–\\[5\\]; 2013 No 54, Sch 3.13 \\[1\\]; 2015 No 43, Sch 4.12; 2015 No 51, Sch 9.21; 2015 No 58, Sch 3.87 \\[1\\]–\\[4\\]; 2019 No 14, Sch 1.21.","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Meaning of “spatial information”","content":"#### 3A Meaning of “spatial information”\n\n3A Meaning of “spatial information”\n\n> > (1) For the purposes of this Act, spatial information is any information about a location in space and time including, but not limited to, information about any one or more of the following—\n> > \n> > > (a) the natural resources at the location,\n> > \n> > > (b) the environment and climate at the location,\n> > \n> > > (c) land ownership and other ownership rights at the location,\n> > \n> > > (d) the use of land at the location,\n> > \n> > > (e) any infrastructure at the location,\n> > \n> > > (f) the demography of the location.\n> \n> > (2) A location to which spatial information relates may be—\n> > \n> > > (a) a point or a two or three dimensional area, and\n> > \n> > > (b) a location that is—\n> > > \n> > > > (i) above the Earth’s surface, or\n> > > \n> > > > (ii) below the Earth’s surface, or\n> > > \n> > > > (iii) on the Earth’s surface, or\n> > > \n> > > > (iv) any combination of the above.\n> \n> **s 3A:** Ins 2005 No 53, Sch 1 \\[3\\].","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Provisions relating to co-ordination, collection and maintenance of certain State cadastral information","content":"# Part 2 Provisions relating to co-ordination, collection and maintenance of certain State cadastral information\n\nPart 2 Provisions relating to co-ordination, collection and maintenance of certain State cadastral information\n\n**pt 2, hdg:** Subst 2009 No 119, Sch 1 \\[6\\].","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Surveys carried out by Surveyor-General","content":"#### 4 Surveys carried out by Surveyor-General\n\n4 Surveys carried out by Surveyor-General\n\n> > (1) A State control survey is to be established for the purposes of this Act.\n> \n> > (2) The Surveyor-General may carry out surveys in connection with the State control survey and, for that purpose, may establish permanent survey marks throughout the State.\n> \n> > (3) A survey carried out by or on behalf of the Surveyor-General must be carried out—\n> > \n> > > (a) subject to the regulations, by reference to the Geocentric Datum of Australia, but with elevations established by reference to Australian Height Datum, and\n> > \n> > > (b) in accordance with the requirements of the regulations.","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Surveys carried out by public authorities","content":"#### 5 Surveys carried out by public authorities\n\n5 Surveys carried out by public authorities\n\n> A survey carried out by or on behalf of a public authority must be carried out—\n> \n> > (a) subject to the regulations, by reference to the Geocentric Datum of Australia, but with elevations established by reference to Australian Height Datum, and\n> \n> > (b) in accordance with the requirements of the regulations.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Details of surveys to be provided to Surveyor-General","content":"#### 6 Details of surveys to be provided to Surveyor-General\n\n6 Details of surveys to be provided to Surveyor-General\n\n> > (1) The Surveyor-General may, by order in writing, direct a public authority to provide the Surveyor-General with such information as to surveys carried out by that authority (including any relevant records, maps and survey plans) as are specified in the order.\n> \n> > (2) A public authority to which such a direction is given must comply with the requirements of the direction.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Register of public surveys","content":"#### 7 Register of public surveys\n\n7 Register of public surveys\n\n> > (1) The Surveyor-General must establish and maintain a register of public surveys.\n> \n> > (2) The register may contain details as to—\n> > \n> > > (a) such surveys carried out by the Surveyor-General under this Part, and\n> > \n> > > (b) such surveys for which details have been forwarded to the Surveyor-General under this Part,\n> > \n> > as the Surveyor-General considers appropriate to include in the register.\n> \n> > (3) The Surveyor-General is to ensure that the register is made available to the public, subject to such charges as may be prescribed by the regulations, at the head office of the Department.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Co-ordination of public surveys","content":"#### 8 Co-ordination of public surveys\n\n8 Co-ordination of public surveys\n\n> The Surveyor-General may adjust any public survey so as to ensure that it is consistent with the State control survey and with other public surveys with respect to the same or any adjacent locality.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Maintenance and repair of permanent survey marks","content":"#### 9 Maintenance and repair of permanent survey marks\n\n9 Maintenance and repair of permanent survey marks\n\n> > (1) The Surveyor-General may, from time to time, cause notice to be given to any public authority of the location of any permanent survey marks that are located on land that is subject to the authority’s control or management.\n> \n> > (2) A public authority to which such a notice is given must ensure that all permanent survey marks identified in the notice are kept in good condition and repair.\n> \n> > (3) On the application of a public authority to which such a notice is given, the Minister may direct that it is the duty of the Surveyor-General, and not the public authority, to keep any or all of the permanent survey marks concerned in good condition and repair.","sortOrder":12},{"sectionNumber":"9A","sectionType":"section","heading":"Correction of survey errors","content":"#### 9A Correction of survey errors\n\n9A Correction of survey errors\n\n> > (1) A survey regulator may, by notice in writing, require a registered surveyor to correct within the time specified in the notice any error in a survey made by that surveyor.\n> > \n> > Note—\n> > \n> > Failure to comply with a notice under this section is professional misconduct for the purposes of section 13 of this Act.\n> \n> > (2) If a registered surveyor does not comply with a notice under this section, the survey regulator who issued the notice may engage another registered surveyor to make the correction.\n> \n> > (3) Any costs or expenses incurred by or on behalf of a survey regulator under subsection (2) may be recovered in any court of competent jurisdiction as a debt due to the Crown from the registered surveyor to whom the notice under this section was issued.\n> \n> > (4) In any proceedings instituted for the recovery from a registered surveyor of a debt due to the Crown under this section, a certificate of the survey regulator who engaged another surveyor under subsection (2) that stating a specified amount is the amount of the debt so due is evidence of that fact.\n> \n> > (5) A debt due by any person to the Crown under this section is recoverable whether or not the person is found guilty of professional misconduct under section 13.\n> \n> > (6) In this section, survey regulator means—\n> > \n> > > (a) in relation to a land survey undertaken by a registered land surveyor—\n> > > \n> > > > (i) the Surveyor-General, and\n> > > \n> > > > (ii) the Registrar-General, or\n> > \n> > > (b) in relation to a mining survey undertaken by a registered mining surveyor—the regulator within the meaning of the [Work Health and Safety (Mines and Petroleum Sites) Act 2013](/view/html/inforce/current/act-2013-054).\n> \n> **s 9A:** Ins 2005 No 53, Sch 1 \\[4\\]. Am 2007 No 27, Sch 2.51 \\[1\\]; 2013 No 54, Sch 3.13 \\[2\\]; 2015 No 43, Sch 4.12.","sortOrder":13},{"sectionNumber":"9B","sectionType":"section","heading":"Authority for a registered surveyor to act for another in certain circumstances","content":"#### 9B Authority for a registered surveyor to act for another in certain circumstances\n\n9B Authority for a registered surveyor to act for another in certain circumstances\n\n> > (1) This section applies if—\n> > \n> > > (a) a plan has been lodged with the Registrar-General under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) or the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006), and\n> > \n> > > (b) the survey represented in the plan has been certified to be accurate by a registered surveyor (the original surveyor), and\n> > \n> > > (c) the Registrar-General has issued a requisition or requirement to the effect that a specified thing is to be done by the original surveyor.\n> \n> > (2) If the Surveyor-General is satisfied that—\n> > \n> > > (a) a requisition or requirement referred to in subsection (1) (c) has not been complied with by the original surveyor because—\n> > > \n> > > > (i) of the original surveyor’s death, continued absence or prolonged illness, or\n> > > \n> > > > (ii) the original surveyor cannot be found or is no longer a registered surveyor, and\n> > \n> > > (b) it is unlikely that the requisition or requirement will be complied with by the original surveyor within a reasonable time having regard to the circumstance of the case,\n> > \n> > the Surveyor-General may certify in writing to that effect.\n> \n> > (3) On the issue of a certificate by the Surveyor-General under subsection (2), a registered surveyor, other than the original surveyor, may do all or any of the things that are necessary or expedient to comply with the requisition or requirement referred to in subsection (1) (c).\n> \n> > (4) A registered surveyor who amends a plan under subsection (3) is to certify on the plan that the amendment has been made under this section.\n> \n> > (5) Despite any other Act, law or practice, on production of a certificate issued by the Surveyor-General under subsection (2), the Registrar-General is to accept anything done by a registered surveyor under subsection (3) as if it were done by the original surveyor.\n> \n> > (6) Nothing in this section prevents—\n> > \n> > > (a) the original surveyor from authorising another registered surveyor to do all or any of the things required to be done, or\n> > \n> > > (b) the Registrar-General from accepting anything done by a registered surveyor who has taken over the practice of the original surveyor that is or are necessary or expedient to be done,\n> > \n> > to comply with the requisition or requirement referred to in subsection (1) (c).\n> \n> **s 9B:** Ins 2005 No 53, Sch 1 \\[4\\]. Am 2017 No 63, Sch 4.51.","sortOrder":14},{"sectionNumber":"9C","sectionType":"section","heading":"Register of public surveys to include details of electoral districts","content":"#### 9C Register of public surveys to include details of electoral districts\n\n9C Register of public surveys to include details of electoral districts\n\n> > (1) The register of public surveys is to include details of the boundaries or areas of electoral districts determined under Part 3 of the [Electoral Act 2017](/view/html/inforce/current/act-2017-066) if the Surveyor-General is satisfied that the details are available in a format that is compatible with the format of the register.\n> \n> > (2) The area of each electoral district required to be recorded under section 24 of the [Electoral Act 2017](/view/html/inforce/current/act-2017-066) may be recorded in the register.\n> \n> > (3) The Electoral Commissioner is to forward to the Surveyor-General such information as the Surveyor-General requests to enable the details to be included in the register.\n> \n> > (4) Details of electoral districts may but need not be included or retained in the register if they are superseded by later details.\n> \n> **s 9C:** Ins 2006 No 68, Sch 19.25. Am 2017 No 66, Sch 8.21 \\[1\\] \\[2\\].","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"Registration of surveyors","content":"# Part 3 Registration of surveyors\n\nPart 3 Registration of surveyors","sortOrder":16},{"sectionNumber":"10","sectionType":"section","heading":"Application to registration of Licensing and Registration (Uniform Procedures) Act 2002","content":"#### 10 Application to registration of Licensing and Registration (Uniform Procedures) Act 2002\n\n10 Application to registration of [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028)\n\n> > (1) The Board may grant the following kinds of registration for the purposes of this Act—\n> > \n> > > (a) registration as a land surveyor,\n> > \n> > > (b) registration as a mining surveyor.\n> \n> > (2) Part 3 of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028) (the applied Act) applies to and in respect of registration under this Act, subject to the modifications and limitations prescribed by or under this Act.\n> > \n> > Note—\n> > \n> > See clause 3 of Schedule 3, which temporarily suspends the provisions of the applied Act in relation to the making of applications by way of electronic communication.\n> \n> > (3) For the purposes of applying Part 3 of the applied Act to registration under this Act—\n> > \n> > > (a) an application for the granting of registration may only be made by an individual, and\n> > \n> > > (b) registration may be amended under that Act, and\n> > \n> > > (c) the reference to 28 days in section 46 (1) of that Act (as to the period within which applications are to be dealt with) is to be read as a reference to 12 weeks, and\n> > \n> > > (d) the reference to 14 days in section 48 (1) of that Act (as to the period within which notice of the Board’s decision on an application is to be notified) is to be read as a reference to 28 days, and\n> > \n> > > (e) section 53 (2) of that Act does not have effect, and\n> > \n> > > (f) the requirement of section 54 of that Act for a registration administration fee to be paid to the relevant registration authority within 14 days after each anniversary of the date on which the relevant certificate of registration was issued is to be read as a requirement for such a fee to be so paid on or before 31 August in each year.\n> \n> > (4) Registration under this section is continuing registration for the purposes of Part 3 of the applied Act.\n> \n> > (5) Subject to this section, the regulations may make provision for or with respect to such matters concerning registration under this Act as are relevant to the operation of Part 3 of the applied Act.\n> \n> **s 10:** Am 2005 No 53, Sch 1 \\[5\\].","sortOrder":17},{"sectionNumber":"10A","sectionType":"section","heading":"Re-registration after removal for non-payment of registration administration fee","content":"#### 10A Re-registration after removal for non-payment of registration administration fee\n\n10A Re-registration after removal for non-payment of registration administration fee\n\n> > (1) The Board must cause a registered surveyor’s name to be removed from the register of surveyors if the surveyor has failed to pay the registration administration fee on or before 31 August in any year.\n> \n> > (2) A person whose name has been removed from the register of surveyors for failure to pay the registration administration fee is entitled to re-registration if the person pays to the Board any unpaid registration administration fee or fees together with the fee for an application for restoration of registration.\n> \n> > (3) The entitlement to re-registration is an entitlement to registration on the same terms and subject to the same conditions (if any) as applied to the person’s registration immediately before the removal of the person’s name from the register of surveyors.\n> \n> > (4) A person registered pursuant to an entitlement to re-registration under this section is taken to have been so registered on and from the day the person’s name was removed from the register of surveyors or on and from such later day as the Board determines and notifies to the person. However, nothing in this subsection affects any proceedings for an offence instituted against the person before the person was entitled to be re-registered.\n> \n> > (5) Nothing in this section requires the Board to re-register a person if the Board is satisfied that the person would not be entitled to be registered as a registered surveyor but for this section.\n> \n> > (6) An entitlement to re-registration under this section does not override any other provision of this Act pursuant to which a person’s name is authorised or required to be removed from the register of surveyors.\n> \n> **s 10A:** Ins 2006 No 58, Sch 1.34.","sortOrder":18},{"sectionNumber":"11","sectionType":"section","heading":"Investigations","content":"#### 11 Investigations\n\n11 Investigations\n\n> > (1) For the purpose of investigating a survey that has been carried out by a registered surveyor, the Board—\n> > \n> > > (a) may require the surveyor to produce, for inspection by the Board, any field books or other documents relevant to the conduct of the survey, and\n> > \n> > > (b) may carry out further surveys, and\n> > \n> > > (c) has a registered surveyor’s functions under Part 4 with respect to entry on lands.\n> \n> > (2) The Board’s functions under subsection (1) are to be exercised—\n> > \n> > > (a) by a Board member who is a registered surveyor, or\n> > \n> > > (b) by some other registered surveyor to whom the Board delegates the exercise of those functions.\n> \n> > (3) Action may be taken under this section on the Board’s own motion or as a consequence of a complaint made to the Board.","sortOrder":19},{"sectionNumber":"12","sectionType":"section","heading":"Professional incompetence","content":"#### 12 Professional incompetence\n\n12 Professional incompetence\n\n> > (1) The Board may take any one of the following kinds of action against a registered surveyor who demonstrates incompetence in carrying out a survey—\n> > \n> > > (a) it may impose conditions on the surveyor’s registration, including conditions requiring the surveyor to undergo further training or to practise only under supervision,\n> > \n> > > (b) it may suspend the surveyor’s registration for a period of not more than 5 years,\n> > \n> > > (c) it may cancel the surveyor’s registration.\n> \n> > (2) Action is not to be taken under this section unless the Board—\n> > \n> > > (a) has caused notice of the proposed action to be given to the registered surveyor, and\n> > \n> > > (b) has given the registered surveyor at least 28 days within which to make written submissions to the Board in relation to the proposed action, and\n> > \n> > > (c) has taken any such submissions into consideration.","sortOrder":20},{"sectionNumber":"13","sectionType":"section","heading":"Professional misconduct","content":"#### 13 Professional misconduct\n\n13 Professional misconduct\n\n> > (1) The Board may take any one or more of the following kinds of action against a registered surveyor who is guilty of professional misconduct—\n> > \n> > > (a) it may administer a caution to the surveyor,\n> > \n> > > (b) it may impose conditions on the surveyor’s registration, including conditions requiring the surveyor to undergo further training or to practise only under supervision,\n> > \n> > > (c) it may order the surveyor to take specified steps to correct or complete any survey in respect of which the misconduct has occurred,\n> > \n> > > (d) it may order the surveyor to pay compensation, totalling not more than $10,000, to any person towards any loss or damage suffered by that person as a consequence of the misconduct,\n> > \n> > > (e) it may order the surveyor to pay a penalty to the Board of not more than $10,000,\n> > \n> > > (f) it may suspend the surveyor’s registration for a period of not more than 5 years,\n> > \n> > > (g) it may cancel the surveyor’s registration.\n> \n> > (2) Action is not to be taken under this section unless the Board—\n> > \n> > > (a) has caused notice of the proposed action to be given to the registered surveyor, and\n> > \n> > > (b) has given the registered surveyor at least 28 days within which to make written submissions to the Board in relation to the proposed action, and\n> > \n> > > (c) has taken any such submissions into consideration.\n> \n> > (3) An order for compensation referred to in subsection (1) (d) is enforceable by the person to whom the compensation is ordered to be paid as if it were a judgment of the Local Court exercising jurisdiction under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028).\n> \n> > (4) In this section, professional misconduct, in relation to a registered surveyor, means—\n> > \n> > > (a) any contravention of the conditions of the surveyor’s registration, or\n> > \n> > > (b) any failure to comply with the standards imposed by this Act or the regulations with respect to the carrying out of surveys, or\n> > \n> > > (c) any failure to comply with an order referred to in subsection (1) (c), (d) or (e), or\n> > \n> > > (c1) any failure to comply with a notice under section 9A, or\n> > \n> > > (d) any failure to comply with the requirements of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028), or\n> > \n> > > (e) any contravention of this Act or the regulations, or\n> > \n> > > (f) any contravention of the [Work Health and Safety (Mines and Petroleum Sites) Act 2013](/view/html/inforce/current/act-2013-054) with respect to the conduct of surveys, or\n> > \n> > > (g) any act or omission that demonstrates that the surveyor is not a fit and proper person to be registered as a surveyor, or\n> > \n> > > (h) any act or omission that the regulations declare to be professional misconduct for the purposes of this Act.\n> \n> **s 13:** Am 2002 No 129, Sch 2.16; 2004 No 74, Sch 4.11; 2005 No 53, Sch 1 \\[6\\]; 2006 No 120, Sch 2.98; 2007 No 94, Sch 2; 2013 No 54, Sch 3.13 \\[3\\]; 2015 No 43, Sch 4.12.","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Applications to Civil and Administrative Tribunal for administrative reviews of determinations","content":"#### 14 Applications to Civil and Administrative Tribunal for administrative reviews of determinations\n\n14 Applications to Civil and Administrative Tribunal for administrative reviews of determinations\n\n> Any registered surveyor against whom action is taken under this Part may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the Board’s determination to take such action.\n> \n> Note—\n> \n> A decision of the Civil and Administrative Tribunal determining an application under this section may be appealed to the Supreme Court directly. See Schedule 5 (Occupational Division) to the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).\n> \n> **s 14:** Am 2013 No 95, Sch 2.138 \\[1\\] \\[2\\].","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Register of surveyors","content":"#### 15 Register of surveyors\n\n15 Register of surveyors\n\n> > (1) The Registrar of the Board is to establish and maintain a register of surveyors for the purposes of this Act, and for the purposes of Part 3 of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028), as applied by this Act.\n> \n> > (2) The Registrar of the Board is to ensure that the register of surveyors is made available to the public, free of charge, at the Board’s offices.\n> \n> > (3) The regulations may make provision with respect to—\n> > \n> > > (a) the particulars to be recorded in the register of surveyors, and\n> > \n> > > (b) the manner and form in which the register of surveyors is to be maintained.\n> \n> Note—\n> \n> See also section 49 of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028) with respect to the particulars to be recorded in the register of surveyors.","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Evidentiary certificates","content":"#### 16 Evidentiary certificates\n\n16 Evidentiary certificates\n\n> A certificate—\n> \n> > (a) that is signed by the Registrar of the Board, and\n> \n> > (b) that certifies that, on a specified date or during a specified period, the particulars contained in the register of surveyors as to specified matters were as so specified,\n> \n> is admissible in any proceedings and is evidence of the matters so certified.\n> \n> Note—\n> \n> See also section 55 of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028) with respect to evidentiary certificates.","sortOrder":24},{"sectionNumber":"16A","sectionType":"section","heading":"Certain provisions of this Part apply also to former surveyors","content":"#### 16A Certain provisions of this Part apply also to former surveyors\n\n16A Certain provisions of this Part apply also to former surveyors\n\n> For the avoidance of doubt, the provisions of this Part relating to professional misconduct extend to any person who was a registered surveyor at the time that any professional misconduct allegedly occurred but who is no longer a registered surveyor.\n> \n> **s 16A:** Ins 2005 No 53, Sch 1 \\[7\\].","sortOrder":25},{"sectionNumber":"Part 4","sectionType":"part","heading":"Entry to land for survey purposes","content":"# Part 4 Entry to land for survey purposes\n\nPart 4 Entry to land for survey purposes","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Surveyor-General","content":"#### 17 Surveyor-General\n\n17 Surveyor-General\n\n> > (1) The Surveyor-General, and any person authorised by the Surveyor-General for the purposes of this section—\n> > \n> > > (a) may enter any land, including any building or structure on which a survey mark is located, and\n> > \n> > > (b) may take measurements in or from any such land, and\n> > \n> > > (c) may search for and, if necessary, uncover any existing survey marks in or on any such land, and\n> > \n> > > (d) may insert new survey marks in or on any such land,\n> > \n> > for the purpose of carrying out any survey under this Act or for the purpose of maintaining or repairing any permanent survey marks.\n> \n> > (2) This section does not entitle the Surveyor-General, or any person so authorised, to enter any building or structure on land, other than a building or structure referred to in subsection (1) (a).","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Registered surveyors","content":"#### 18 Registered surveyors\n\n18 Registered surveyors\n\n> > (1) A registered surveyor, together with his or her assistants—\n> > \n> > > (a) may enter any land, including any building or structure on which a survey mark is located, and\n> > \n> > > (b) may take measurements in or from any such land, and\n> > \n> > > (c) may search for and, if necessary, uncover any existing survey marks in or on any such land, and\n> > \n> > > (d) may insert new survey marks in or on any such land,\n> > \n> > for the purpose of carrying out any land survey or mining survey.\n> \n> > (2) Subject to subsection (3), this section does not entitle a registered surveyor, or any such assistant, to enter any building or structure, other than a building or structure referred to in subsection (1) (a).\n> \n> > (3) In the case of a survey for the purpose of determining the position of a wall, or for defining a boundary that is otherwise inaccessible, a registered surveyor may enter any building or structure.","sortOrder":28},{"sectionNumber":"19","sectionType":"section","heading":"Manner in which power of entry to be exercised","content":"#### 19 Manner in which power of entry to be exercised\n\n19 Manner in which power of entry to be exercised\n\n> > (1) The powers conferred on a person by this Part may not be exercised in relation to any land unless the occupier of the land has been given at least 24 hours’ notice that those powers are to be exercised.\n> \n> > (2) Reasonable force may be used for the purpose of effecting entry under this Part.\n> \n> > (3) Entry under this Part may be effected only during daylight hours.","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Damage to land","content":"#### 20 Damage to land\n\n20 Damage to land\n\n> > (1) In exercising the powers conferred by this Part, a person must do as little damage as possible.\n> \n> > (2) A registered surveyor is not exempt from liability for any damage caused to land, including any building or structure on the land, as a consequence of the exercise of the powers conferred by this Part by the registered surveyor or his or her assistants.","sortOrder":30},{"sectionNumber":"Part 5","sectionType":"part","heading":"Offences","content":"# Part 5 Offences\n\nPart 5 Offences","sortOrder":31},{"sectionNumber":"21","sectionType":"section","heading":"Unregistered persons not to practise land surveying","content":"#### 21 Unregistered persons not to practise land surveying\n\n21 Unregistered persons not to practise land surveying\n\n> > (1) A person must not—\n> > \n> > > (a) carry out a land survey for fee or reward, or\n> > \n> > > (b) advertise that he or she is willing to carry out a land survey for fee or reward,\n> > \n> > unless the person is a registered land surveyor.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) Subsection (1) does not prevent a survey drafter—\n> > \n> > > (a) from preparing a survey plan for a registered land surveyor, or\n> > \n> > > (b) from advertising that he or she is willing to prepare a survey plan for a registered land surveyor,\n> > \n> > for fee or reward.\n> \n> > (3) Subsection (1) (a) does not apply to—\n> > \n> > > (a) any student of surveying, or any surveyor’s assistant, who carries out a land survey under the general supervision of a registered land surveyor, or\n> > \n> > > (b) any other person who carries out a land survey under the immediate supervision of a registered land surveyor.\n> \n> > (4) Subsection (1) does not apply to a firm, or a member or partner of a firm, in the circumstances referred to in section 22A.\n> \n> **s 21:** Am 2009 No 119, Sch 1 \\[7\\].","sortOrder":32},{"sectionNumber":"22","sectionType":"section","heading":"Unregistered persons not to practise mining surveying","content":"#### 22 Unregistered persons not to practise mining surveying\n\n22 Unregistered persons not to practise mining surveying\n\n> > (1) A person must not—\n> > \n> > > (a) carry out a mining survey for fee or reward, or\n> > \n> > > (b) advertise that he or she is willing to carry out a mining survey for fee or reward,\n> > \n> > unless the person is a registered mining surveyor.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) Subsection (1) does not prevent a survey drafter—\n> > \n> > > (a) from preparing a survey plan for a registered mining surveyor, or\n> > \n> > > (b) from advertising that he or she is willing to prepare a survey plan for a registered mining surveyor,\n> > \n> > for fee or reward.\n> \n> > (3) Subsection (1) (a) does not apply to—\n> > \n> > > (a) any student of surveying, or any surveyor’s assistant, who carries out a mining survey under the general supervision of a registered mining surveyor, or\n> > \n> > > (b) any other person who carries out a mining survey under the immediate supervision of a registered mining surveyor.\n> \n> > (4) Subsection (1) does not apply to a firm, or a member or partner of a firm, in the circumstances referred to in section 22A.\n> \n> **s 22:** Am 2009 No 119, Sch 1 \\[8\\].","sortOrder":33},{"sectionNumber":"22A","sectionType":"section","heading":"Firms offering land and mining surveying services","content":"#### 22A Firms offering land and mining surveying services\n\n22A Firms offering land and mining surveying services\n\n> > (1) A firm, or a member or partner of a firm, does not commit an offence against section 21 (1) or 22 (1) if—\n> > \n> > > (a) a land survey or mining survey is carried out in the name of, or on behalf of, the firm for fee or reward, or\n> > \n> > > (b) the firm is advertised as willing to carry out land surveys or mining surveys for fee or reward,\n> > \n> > so long as the requirements of this section are complied with.\n> \n> > (2) Any land survey carried out in the name of, or on behalf of, the firm for fee or reward may be carried out only by—\n> > \n> > > (a) a registered land surveyor, or\n> > \n> > > (b) a student of surveying, or a surveyor’s assistant, acting under the general supervision of a registered land surveyor, or\n> > \n> > > (c) another person acting under the immediate supervision of a registered land surveyor.\n> \n> > (3) Any mining survey carried out in the name of, or on behalf of, the firm for fee or reward may be carried out only by—\n> > \n> > > (a) a registered mining surveyor, or\n> > \n> > > (b) a student of surveying, or a surveyor’s assistant, acting under the general supervision of a registered mining surveyor, or\n> > \n> > > (c) another person acting under the immediate supervision of a registered mining surveyor.\n> \n> **s 22A:** Ins 2009 No 119, Sch 1 \\[9\\].","sortOrder":34},{"sectionNumber":"23","sectionType":"section","heading":"Obstruction of registered surveyors","content":"#### 23 Obstruction of registered surveyors\n\n23 Obstruction of registered surveyors\n\n> A person must not obstruct or hinder the Surveyor-General, a registered surveyor or any other person in the exercise of that other person’s functions under this Act.\n> \n> Maximum penalty—25 penalty units.","sortOrder":35},{"sectionNumber":"24","sectionType":"section","heading":"Removal etc of survey marks","content":"#### 24 Removal etc of survey marks\n\n24 Removal etc of survey marks\n\n> > (1) A person must not remove, damage, destroy, displace, obliterate or deface any survey mark unless authorised to do so by the Surveyor-General.\n> > \n> > Maximum penalty—25 penalty units.\n> \n> > (2) A court that finds a person guilty of an offence under this section may, in addition to any penalty it imposes, make either or both of the following orders—\n> > \n> > > (a) it may order the person to pay compensation, totalling not more than $10,000, to the Surveyor-General towards the cost of reinstating the survey mark,\n> > \n> > > (b) it may order the person to pay compensation, totalling not more than $10,000, to any other person towards any loss or damage suffered by that person as a consequence of the offence.\n> \n> > (3) An order for compensation referred to in subsection (2) is enforceable by the person to whom the compensation is ordered to be paid as if it were a judgment of the Local Court exercising jurisdiction under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028).\n> \n> **s 24:** Am 2006 No 120, Sch 2.98; 2007 No 94, Sch 2.","sortOrder":36},{"sectionNumber":"25","sectionType":"section","heading":"Marks in the form of permanent survey marks not to be used without authority","content":"#### 25 Marks in the form of permanent survey marks not to be used without authority\n\n25 Marks in the form of permanent survey marks not to be used without authority\n\n> A person must not insert in any land any mark resembling a permanent survey mark unless authorised to do so by the regulations.\n> \n> Maximum penalty—15 penalty units.","sortOrder":37},{"sectionNumber":"26","sectionType":"section","heading":"Exercising powers of entry without certificate of authority","content":"#### 26 Exercising powers of entry without certificate of authority\n\n26 Exercising powers of entry without certificate of authority\n\n> At all times while exercising the powers conferred by Part 4, a person must carry, and produce on demand, a certificate of authority in the form prescribed by the regulations.\n> \n> Maximum penalty—5 penalty units.","sortOrder":38},{"sectionNumber":"Part 6","sectionType":"part","heading":"The Board of Surveying and Spatial Information","content":"# Part 6 The Board of Surveying and Spatial Information\n\nPart 6 The Board of Surveying and Spatial Information","sortOrder":39},{"sectionNumber":"27","sectionType":"section","heading":"Constitution of Board","content":"#### 27 Constitution of Board\n\n27 Constitution of Board\n\n> > (1) There is constituted by this Act a corporation with the corporate name “Board of Surveying and Spatial Information”.\n> \n> > (2) The Board is to consist of between 10 and 12 members, of whom—\n> > \n> > > (a) one is to be the Surveyor-General, and\n> > \n> > > (b) one is to be a registered surveyor, being a person employed in the Public Service, appointed by the Minister, and\n> > \n> > > (c) three are to be persons appointed by the Minister on the nomination of such professional association of land surveyors as is prescribed by the regulations for the purposes of this section, and\n> > \n> > > (d) one is to be a person appointed by the Minister on the nomination of such professional association of mining surveyors as is prescribed by the regulations for the purposes of this section, and\n> > \n> > > (e) between one and three are to be persons appointed by the Minister from persons nominated by such relevant professional associations as the Minister determines and that comprise persons involved in the spatial information industry or bodies of persons involved in that industry, and\n> > \n> > > (f) one is to be a person appointed by the Minister on the nomination of the Minister administering the [Work Health and Safety (Mines and Petroleum Sites) Act 2013](/view/html/inforce/current/act-2013-054), and\n> > \n> > > (g) one is to be a person appointed by the Minister on the nomination of the Minister administering the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068), and\n> > \n> > > (h) one is to be a person appointed by the Minister on the basis of his or her qualifications and experience in the training of surveyors.\n> \n> > (3) The Surveyor-General is to be the President of the Board.\n> \n> > (4) Schedule 1 has effect with respect to the constitution and procedure of the Board.\n> \n> > (5) The Board is, for the purposes of any Act, a statutory body representing the Crown.\n> \n> **s 27:** Am 2002 No 129, Sch 2.16; 2005 No 53, Sch 1 \\[8\\]; 2009 No 119, Sch 1 \\[10\\]; 2013 No 54, Sch 3.13 \\[4\\]; 2015 No 43, Sch 4.12; 2015 No 58, Sch 3.87 \\[5\\]; 2016 No 27, Sch 1.29.","sortOrder":40},{"sectionNumber":"28","sectionType":"section","heading":"Functions of Board","content":"#### 28 Functions of Board\n\n28 Functions of Board\n\n> > (1) The principal functions of the Board are as follows—\n> > \n> > > (a) the registration of surveyors,\n> > \n> > > (b) the investigation of surveyors’ registration and licensing schemes in other States and Territories, and the provision of advice to the Minister in connection with the recognition of the qualifications and experience of surveyors registered or licensed under such schemes,\n> > \n> > > (c) the investigation of complaints against registered surveyors,\n> > \n> > > (d) the taking of disciplinary action against registered surveyors,\n> > \n> > > (e) the investigation of matters referred to it by the Minister for advice or report in relation to surveying or any other aspect of the spatial information industry,\n> > \n> > > (f) the investigation of, and the provision of advice to the Minister with respect to, the practice to be followed in the conduct of surveys or in the collection, collation and dissemination of any other kinds of spatial information,\n> > \n> > > (f1) the provision of advice to the Minister on the maintenance of the integrity of the State cadastre,\n> > \n> > > (g) the provision of advice to the Minister with respect to any other matter in connection with the administration of this Act.\n> \n> > (2) The Board has such other functions as are conferred or imposed on it by or under this or any other Act or law.\n> \n> > (3) (Repealed)\n> \n> **s 28:** Am 2006 No 2, Sch 4.64 \\[2\\]; 2009 No 119, Sch 1 \\[11\\]; 2015 No 58, Sch 3.87 \\[6\\].","sortOrder":41},{"sectionNumber":"28A","sectionType":"section","heading":"Staff","content":"#### 28A Staff\n\n28A Staff\n\n> Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Board to exercise its functions.\n> \n> Note—\n> \n> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services the Board makes use of) may be referred to as officers or employees, or members of staff, of the Board. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes the Board from employing staff.\n> \n> **s 28A:** Ins 2015 No 58, Sch 3.87 \\[7\\].","sortOrder":42},{"sectionNumber":"29","sectionType":"section","heading":"Provision of information by Board","content":"#### 29 Provision of information by Board\n\n29 Provision of information by Board\n\n> > (1) The Board may provide information to the public in respect of the discipline of surveying (including, in particular, land surveying and mining surveying) and related disciplines.\n> \n> > (2) Without limiting subsection (1), the Board may, if it considers it appropriate to do so, provide any of the following information to the public—\n> > \n> > > (a) information in respect of firms that undertake surveying services,\n> > \n> > > (b) information in respect of retired or non-practising surveyors,\n> > \n> > > (c) information in respect of practitioners in disciplines related to the discipline of surveying.\n> \n> **s 29:** Rep 2006 No 2, Sch 4.64 \\[3\\]. Ins 2009 No 119, Sch 1 \\[12\\].","sortOrder":43},{"sectionNumber":"30","sectionType":"section","heading":"Committees","content":"#### 30 Committees\n\n30 Committees\n\n> > (1) The Board may establish advisory and other committees to assist it in the exercise of its functions, and may abolish any committee so established.\n> \n> > (2) A committee must include at least 2 Board members, but may include other persons who are not Board members.\n> \n> > (3) The regulations may make provision with respect to the constitution and procedure of a committee.\n> \n> > (4) A committee may exercise such of the Board’s functions as are delegated to it by the Board.\n> \n> **s 30:** Am 2005 No 53, Sch 1 \\[9\\].","sortOrder":44},{"sectionNumber":"31","sectionType":"section","heading":"Delegation of functions","content":"#### 31 Delegation of functions\n\n31 Delegation of functions\n\n> > (1) The Board may delegate to any person the exercise of any of its functions, other than this power of delegation.\n> \n> > (2) Despite subsection (1)—\n> > \n> > > (a) the Board’s functions under section 11 may be delegated only to a registered surveyor, and\n> > \n> > > (b) the Board’s functions under sections 12 and 13 may be delegated only to a committee whose members are all Board members.","sortOrder":45},{"sectionNumber":"32","sectionType":"section","heading":"Exclusion of personal liability","content":"#### 32 Exclusion of personal liability\n\n32 Exclusion of personal liability\n\n> Anything done or omitted to be done—\n> \n> > (a) by the Board, a Board member or a person acting under the direction of the Board or a Board member, or\n> \n> > (b) by a committee established by the Board, a committee member or a person acting under the direction of any such committee or committee member,\n> \n> does not subject the Board member, committee member or person so acting personally to any action, liability, claim or demand if the thing was done, or omitted to be done, in good faith for the purpose of executing this Act.","sortOrder":46},{"sectionNumber":"Part 6A","sectionType":"part","heading":null,"content":"# Part 6A\n\nPart 6A\n\n32A–32F (Repealed)\n\n**pt 6A (ss 32A–32F):** Ins 2004 No 81, Sch 2.3. Rep 2013 No 95, Sch 2.138 \\[3\\].","sortOrder":47},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":48},{"sectionNumber":"33","sectionType":"section","heading":"Annual reporting information","content":"#### 33 Annual reporting information\n\n33 Annual reporting information\n\n> The annual reporting information prepared for the Department under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) is to include a report on the Surveyor-General’s work and activities under this Act for the annual reporting period to which the information relates.\n> \n> **s 33:** Subst 2018 No 70, Sch 4.99.","sortOrder":49},{"sectionNumber":"33A","sectionType":"section","heading":"Delegation","content":"#### 33A Delegation\n\n33A Delegation\n\n> > (1) The Surveyor-General may delegate the exercise of any function of the Surveyor-General under this or any other Act (other than this power of delegation) to—\n> > \n> > > (a) any person employed in the Department, or\n> > \n> > > (b) any person, or any class of persons, authorised for the purposes of this section by the regulations.\n> \n> > (2) This section does not apply to any function of the Surveyor-General as a member of the Electoral Districts Redistribution Panel under Part 3 of the [Electoral Act 2017](/view/html/inforce/current/act-2017-066).\n> \n> **s 33A:** Ins 2005 No 53, Sch 1 \\[10\\]. Am 2015 No 58, Sch 3.87 \\[8\\]; 2017 No 66, Sch 8.21 \\[3\\].","sortOrder":50},{"sectionNumber":"33B","sectionType":"section","heading":"Exemptions by Surveyor-General","content":"#### 33B Exemptions by Surveyor-General\n\n33B Exemptions by Surveyor-General\n\n> > (1) The Surveyor-General may exempt a registered surveyor from a requirement imposed by a regulation if—\n> > \n> > > (a) the regulation is of a kind specified in section 36(2)(a), (b) or (f), and\n> > \n> > > (b) in the Surveyor-General’s opinion, it is not practicable or necessary to comply with the requirement.\n> \n> > (2) An exemption may be granted—\n> > \n> > > (a) to all, or a class of, registered surveyors by a written direction published on a website maintained by the Surveyor-General, or\n> > \n> > > (b) to a registered surveyor—\n> > > \n> > > > (i) on application by the surveyor, and\n> > > \n> > > > (ii) by written notice given to the surveyor.\n> \n> > (3) An exemption may be granted subject to conditions.\n> \n> > (4) An exemption does not apply to a registered surveyor unless the surveyor complies with the conditions of the exemption.\n> \n> > (5) It is a condition of an exemption that a registered surveyor—\n> > \n> > > (a) must record on each survey plan to which the exemption relates—\n> > > \n> > > > (i) that an exemption has been relied on, and\n> > > \n> > > > (ii) information sufficient to identify the particular exemption, and\n> > > \n> > > > (iii) if the conditions to which the exemption is subject require additional information to be included—the required information, and\n> > \n> > > (b) must, when lodging the survey plan with the Registrar-General or a public authority, give the Registrar-General or public authority a copy of the exemption.\n> \n> > (6) The regulations may prescribe requirements for applications made under subsection (2)(b)(i), including—\n> > \n> > > (a) the requirement that applications be in a form approved by the Surveyor-General, and\n> > \n> > > (b) the fee that must accompany an application.\n> \n> **s 33B:** Ins 2023 No 35, Sch 1.20.","sortOrder":51},{"sectionNumber":"34","sectionType":"section","heading":"Act binds Crown","content":"#### 34 Act binds Crown\n\n34 Act binds Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, in all its other capacities.","sortOrder":52},{"sectionNumber":"35","sectionType":"section","heading":"Recovery of money","content":"#### 35 Recovery of money\n\n35 Recovery of money\n\n> Any fee payable under this Act, and any penalty imposed by the Board under this Act, may be recovered in any court of competent jurisdiction as a debt due to the Crown.","sortOrder":53},{"sectionNumber":"35A","sectionType":"section","heading":"Unlawful disclosure of information","content":"#### 35A Unlawful disclosure of information\n\n35A Unlawful disclosure of information\n\n> A person who discloses any information obtained in the administration of this Act is guilty of an offence unless the disclosure—\n> \n> > (a) is made with the consent of the person to whom the information relates, or\n> \n> > (b) is made in connection with the administration of this Act, or\n> \n> > (c) is made for the purpose of legal proceedings arising out of this Act or of any report of any such proceedings, or\n> \n> > (d) is made with other lawful excuse.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 35A:** Ins 2005 No 53, Sch 1 \\[11\\].","sortOrder":54},{"sectionNumber":"36","sectionType":"section","heading":"Regulations","content":"#### 36 Regulations\n\n36 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) In particular, the regulations may make provision for or with respect to the following—\n> > \n> > > (a) the practices to be followed in the conduct of surveys,\n> > \n> > > (b) the form in which survey plans are to be prepared,\n> > \n> > > (c) the competencies, qualifications and experience that a person must have to be eligible for registration as a surveyor,\n> > \n> > > (d) the conduct of tests and examinations by or on behalf of the Board,\n> > \n> > > (e) the functions of the Surveyor-General,\n> > \n> > > (f) the form and construction of permanent survey marks and other survey marks used in connection with the carrying out of surveys,\n> > \n> > > (g) the form in which certificates of authority are to be issued for the purposes of section 26,\n> > \n> > > (h) the conditions to be imposed on a surveyor’s registration under this Act, including conditions with respect to continuing professional development,\n> > \n> > > (i) the manner and form in which complaints may be made to the Board with respect to the conduct of a registered surveyor and the manner in which those complaints are to be dealt with,\n> > \n> > > (j) the fees payable under this Act,\n> > \n> > > (k) prescribing what constitutes immediate supervision or general supervision for the purposes of all or any of the provisions of this Act (including authorising a person or body to determine what constitutes such supervision).\n> \n> > (3) A regulation under subsection (2) (a), (b), (c) or (d) with respect to mining surveys or formal mining survey plans may only be made following consultation between the Minister administering this Act and the Minister administering the [Work Health and Safety (Mines and Petroleum Sites) Act 2013](/view/html/inforce/current/act-2013-054).\n> \n> > (4) A regulation may apply, adopt or incorporate any publication as in force from time to time.\n> \n> **s 36:** Am 2002 No 129, Sch 2.16; 2005 No 53, Sch 1 \\[12\\] \\[13\\]; 2007 No 27, Sch 2.51 \\[2\\]; 2009 No 119, Sch 1 \\[13\\]; 2010 No 59, Sch 2.96; 2013 No 54, Sch 3.13 \\[5\\]; 2015 No 43, Sch 4.12.","sortOrder":55},{"sectionNumber":"37","sectionType":"section","heading":"Repeals","content":"#### 37 Repeals\n\n37 Repeals\n\n> The following Acts and instrument are repealed—\n> \n> > (a) the [Survey Co-ordination Act 1949](/view/html/repealed/current/act-1949-027),\n> \n> > (b) the [Survey (Geocentric Datum of Australia) Act 1999](/view/html/repealed/current/act-1999-030),\n> \n> > (c) the [Survey Marks Act 1902](/view/html/repealed/current/act-1902-056),\n> \n> > (d) the [Surveyors Act 1929](/view/html/repealed/current/act-1929-003),\n> \n> > (e) the [Surveyors (General) Regulation 1999](/view/html/repealed/current/sl-1999-0500).","sortOrder":56},{"sectionNumber":"38","sectionType":"section","heading":null,"content":"#### 38\n\n38 (Repealed)","sortOrder":57},{"sectionNumber":"39","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 39 Savings, transitional and other provisions\n\n39 Savings, transitional and other provisions\n\n> Schedule 3 has effect.","sortOrder":59},{"sectionNumber":"40","sectionType":"section","heading":"Review of Act","content":"#### 40 Review of Act\n\n40 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":60},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"The Board of Surveying and Spatial Information","content":"# Schedule 1 The Board of Surveying and Spatial Information\n\nSchedule 1 The Board of Surveying and Spatial Information\n\n(Section 27)\n\n**sch 1:** Am 2015 No 58, Sch 3.87 \\[9\\]; 2024 No 53, Sch 1.16.","sortOrder":61},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 2003 No 82, Sch 3.","sortOrder":78},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n(Section 39)\n\n**sch 3:** Am 2009 No 106, Sch 3.35; 2009 No 119, Sch 1 \\[14\\].","sortOrder":79}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes — the scope expanded significantly from the original intent. The Act began as the *Surveying Act 2002*, focused narrowly on the licensing and regulation of the surveying profession. It was subsequently renamed the *Surveying and Spatial Information Act 2002* to reflect a broadened scope encompassing the management, collection, and sharing of spatial information (geographic and location data) across NSW government and industry. This represents a meaningful shift from professional licensing into the broader realm of data governance and geospatial infrastructure."},"complexity_factors":["The Act has been amended approximately 27 times since 2002, creating a layered legislative history that is difficult to navigate","It covers two distinct technical domains — professional licensing/registration AND spatial data management — which are governed by different regulatory frameworks","Two sets of amendments are passed but not yet in force, creating uncertainty about the current state of the law","Responsibility sits with the Minister for Customer Service and Digital Government — an unusual portfolio for a law about land surveying, which may cause confusion","The Act interacts with multiple other NSW laws including fair trading legislation, licensing and registration frameworks, and land titles legislation","Technical subject matter (cadastral surveying, geodesy, spatial data standards) requires specialist knowledge to fully understand","Regulations made under the Act add a further layer of rules not visible in the Act itself"],"plain_english_summary":"## Surveying and Spatial Information Act 2002 (NSW)\n\n**What is this law?**\n\nThis is a New South Wales law that governs the **surveying profession** and the management of **spatial information** (data about the location and shape of land, features, and boundaries) in NSW. Originally called the *Surveying Act 2002*, it was renamed to reflect its broader scope covering spatial data, not just traditional land surveying.\n\n**Who does it affect?**\n\n- **Licensed surveyors** — people who measure and map land boundaries professionally. They must be registered/licensed under this Act to legally practice in NSW.\n- **Property owners and developers** — if you're subdividing land, building on a boundary, or settling a boundary dispute, a licensed surveyor must be involved.\n- **Government agencies** — agencies that collect, manage, and share spatial data (like maps, cadastral records — official records of land ownership and boundaries) must comply with this Act.\n- **Businesses using spatial data** — companies relying on geographic information systems (GIS) and mapping data are indirectly affected.\n\n**What does it actually do?**\n\n- Sets the rules for **who can call themselves a surveyor** and practice surveying in NSW\n- Establishes **licensing and registration requirements** for surveyors\n- Creates standards for how surveys must be conducted and recorded\n- Governs the **collection, management, and sharing of spatial information** across NSW\n- Gives the relevant Minister powers to make regulations about surveying practice and spatial data\n- The responsible Minister is currently the **Minister for Customer Service and Digital Government**\n\n**Why does it matter to you?**\n\nIf you're buying, selling, or developing property in NSW, you'll likely need a surveyor at some point. This law ensures that surveyor is properly qualified and accountable. It also underpins the accuracy of land title records that determine where your property boundaries actually sit — which affects everything from fences to building approvals.\n\n**Note:** Two sets of amendments (from 2018 and 2022) have been passed by Parliament but have **not yet commenced** — meaning they are not yet in effect."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded well beyond its original 2002 intent of consolidating surveyor registration and survey coordination (repealing the Surveyors Act 1929 and Survey Co-ordination Act 1949). Amendments from 2005 onward broadened it to regulate mining surveys explicitly, introduced a wide definition of 'spatial information' (s 3A) covering natural resources, demography, infrastructure and climate, added objects clause 2A(e) concerning advice on spatial information collection and dissemination, renamed the Board to include 'Spatial Information', and gave the Board new advisory functions over the entire spatial information industry (s 28(1)(e)–(f1))."},"complexity_factors":["Extensive interpretation section (s 3) containing over 25 defined terms including technical datums, 'formal survey plan', 'State cadastre' and 'spatial information'","Heavy cross-referencing to at least a dozen other statutes including the Conveyancing Act 1919, Real Property Act 1900, Strata Schemes Development Act 2015, Work Health and Safety (Mines and Petroleum Sites) Act 2013, Licensing and Registration (Uniform Procedures) Act 2002 and Electoral Act 2017","Layered registration regime in Part 3 that applies Part 3 of the Licensing and Registration (Uniform Procedures) Act 2002 with nine specific modifications (e.g. 12-week decision period instead of 28 days, annual fee due by 31 August)","Distinct but overlapping disciplinary pathways under ss 12 (incompetence) and 13 (misconduct) with graduated sanctions, procedural fairness requirements (28 days to make submissions) and tribunal review rights","Detailed Board constitution in s 27 requiring specific nominations from multiple professional associations plus representatives from three different Ministers, coupled with comprehensive Schedule 1 procedural and conflict rules","Transitional and savings provisions in Schedule 3 that deem the new Board a continuation of the old Board of Surveyors and link to repealed 1929, 1949 and 1999 Acts"],"plain_english_summary":"**The Surveying and Spatial Information Act 2002** is New South Wales legislation that regulates who may carry out land and mining surveys, sets standards for those surveys, and maintains the official record of land boundaries (called the State cadastre).\n\nIt requires surveyors to register with the Board of Surveying and Spatial Information after proving their qualifications. Only registered land surveyors or registered mining surveyors may perform these surveys for money or advertise their services. The Act also coordinates surveys done by government agencies so they all use the same reference system (the Geocentric Datum of Australia for horizontal positions and the Australian Height Datum for heights). It gives the Surveyor-General power to maintain a public register of surveys, adjust surveys for consistency, and oversee permanent survey marks placed in the ground.\n\nSurveyors and the Surveyor-General have legal rights to enter private land (after giving 24 hours' notice) to take measurements, uncover old marks or place new ones, but they must minimise damage and can be sued for any harm caused. The Board investigates complaints, can discipline surveyors for incompetence or misconduct (including fines up to $10,000, suspension or cancellation of registration), and advises the government on spatial information (data about locations, land use, resources, infrastructure and population).\n\nIt matters because accurate, consistent surveys prevent boundary disputes, support safe mining, enable reliable property deals, and help governments plan infrastructure and electoral boundaries. Unregistered people face fines for pretending to be surveyors, and damaging survey marks is also an offence."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act consolidates earlier surveying statutes (s 37) and explicitly extends statutory objects beyond traditional surveys to include collection, collation and dissemination of broader \"spatial information\" (s 2A(e); definition at s 3A). It also creates a new Board with advisory and regulatory functions for the spatial information industry (ss 27–28), thereby widening scope from purely survey coordination and registration to include broader spatial‑information coordination and advice. Transitional provisions treat prior registers and surveys as continuing under this Act (Schedule 3)."},"complexity_factors":["Multiple substantive regimes: registration/discipline, State control survey/cadastre, entry powers and public survey coordination (Parts 2–5, 17–20, 21–26)","Extensive delegation and administrative discretion vested in Board and Surveyor‑General (ss 27–31, 33A, 33B)","Many cross‑references to other Acts for definitions and procedures (e.g. Licensing and Registration Act, Real Property Act, Work Health and Safety Act, Electoral Act)","Large volume of technical detail left to regulations (s 36), increasing dependence on subordinate instruments","Mix of criminal penalties, civil recovery mechanisms and administrative sanctions (ss 13, 24, 35, 9A)","Transitional and savings provisions linking repealed Acts and legacy registers (s 37; Schedule 3)"],"plain_english_summary":"# What this law does (mechanically)\n\n- Establishes a State control survey and a State cadastre (an inventory of boundaries, dimensions and measurements) and gives the Surveyor‑General powers to carry out and co‑ordinate surveys, place permanent survey marks and adjust public surveys to be consistent with the State control survey (ss 2A(c), 4–9).\n\n- Requires registration of individuals who carry out land surveying or mining surveying for fee or reward; creates a register of surveyors and a Board to grant and regulate registrations (ss 2A(a), 10, 15, 27–28). Firms may offer surveying services only if the actual surveying is performed by a registered surveyor or by supervised trainees (ss 22A, 21(3), 22(3)).\n\n- Gives the Board powers to investigate surveys, hold hearings and take disciplinary action (including conditions, suspension, cancellation, fines and orders for compensation) against current and former registered surveyors for incompetence or professional misconduct (ss 11–14, 12–13, 16A).\n\n- Authorises entry on land by the Surveyor‑General, authorised persons, and registered surveyors (and their assistants) to carry out surveys and install or maintain survey marks, subject to notice, daylight limits and a requirement to use as little damage as possible (ss 17–20, 19).\n\n- Creates criminal and civil offences and penalties for unregistered practice, obstructing surveyors, damaging or using survey marks without authority, unlawful disclosure of information, and requires certificate‑of‑authority possession when exercising entry powers (ss 21–26, 35A, 35).\n\n- Constitutes the Board of Surveying and Spatial Information, prescribes its composition, powers, committees, delegation rules and staff arrangements, and requires publication or availability of registers of public surveys and of surveyors (ss 27–31, 28A, 7, 15).\n\n- Gives broad regulation‑making power to prescribe technical standards, forms, competencies, fees and other details needed to implement the Act, with a consultation requirement for mining survey regulations (s 36).\n\n- Repeals a set of older survey Acts and contains savings and transitional provisions treating prior registers, surveys and registrations as continuing (s 37; Schedule 3).\n\n\n# Stated purpose, and how the Act implements it\n\nThe Act states its objects as: to register land and mining surveyors so only appropriately qualified persons carry out those surveys; to ensure registered surveyors provide professional and competent services; to maintain the State cadastre and its integrity; to coordinate public authority surveys and establish a State control survey; and to investigate and advise on collection, collation and dissemination of spatial information other than surveys (s 2A). The Act implements those aims by:\n\n- Requiring individual registration to practise (ss 10, 21–22) and setting up a Board and Registrar to maintain public registers (ss 15, 27–28).\n- Giving the Surveyor‑General and Board powers to direct public authorities to provide survey details (s 6), to adjust public surveys (s 8), and to require correction of survey errors (s 9A).\n- Creating an investigatory and disciplinary framework for competence and misconduct, enforceable by orders, suspension or cancellation and by monetary penalties and compensation (ss 11–14, 12–13).\n- Delegating technical detail to regulations (s 36), and allowing the Surveyor‑General to grant exemptions from certain regulatory requirements in specified circumstances (s 33B).\n\n\n# Who pays, who decides, and what behaviour changes\n\n- Who pays: Registered surveyors bear registration administration fees and may pay penalties or compensation ordered under the Act (ss 10(3)(f), 10A, 13(1)(d),(e), 35). Any fee or penalty unpaid is recoverable as a debt to the Crown (s 35). Public authorities are required to maintain permanent survey marks on land they control unless the Minister directs otherwise; they may incur maintenance costs (s 9). Surveyors may also incur costs to correct errors if the regulator engages another surveyor and recovers costs from the original surveyor (s 9A).\n\n- Who decides: The Board decides on registration, complaints and disciplinary measures (ss 10, 28, 12–13). The Surveyor‑General decides and exercises technical and administrative powers over the State control survey, may order public authorities to supply survey data, may adjust public surveys and may grant regulatory exemptions in specified cases (ss 4–9, 6, 8, 33B). The Governor makes regulations under the Act (s 36).\n\n- What behaviour changes: Individuals must register to carry out paid land or mining surveys (ss 21–22), firms must ensure surveys are carried out by registered surveyors or supervised trainees (s 22A), surveyors and public authorities must follow prescribed survey practices and standards (s 36), and surveyors must comply with Board or regulator directions to correct errors (s 9A). Surveyors and authorised persons will exercise entry powers to locate/maintain marks subject to notice and damage minimisation (ss 17–20, 19).\n\n\n# Compliance burden, discretion and implementation risk\n\n- Compliance burden: the Act imposes several ongoing administrative requirements: registration and payment of administration fees (ss 10, 10A); maintaining and making available registers (ss 7, 15); producing field books and documents for Board investigation (s 11); carrying and producing certificates of authority when entering land (s 26); and recording reliance on any Surveyor‑General exemption on lodged plans (s 33B(5)). The specifics of standards, plan forms, competencies, supervision definitions and fees are left to regulations (s 36), which concentrates administrative detail at the regulatory level.\n\n- Bureaucratic discretion: the Surveyor‑General has powers to direct public authorities to supply information (s 6), to adjust public surveys (s 8), to require maintenance of permanent marks or reassign maintenance duty (s 9), and to grant exemptions from particular regulatory requirements (s 33B). The Board has discretion over discipline, registration conditions and advice to Ministers (ss 28, 12–13). Delegation rules allow functions to be delegated to committees or employees (ss 31, 28A), further localising decision‑making.\n\n- Implementation risk: many technical and operational matters are supplied by regulation (s 36). Because core definitions (e.g. what constitutes immediate or general supervision) and technical standards are regulatory, effective implementation depends on timely, clear and accessible regulations and on coordination (e.g. mining survey regulations require inter‑Ministerial consultation, s 36(3)).\n\n\n# Effects on private enterprise, competition and choice\n\n- Entry controls: Only registered individuals may lawfully carry out land or mining surveys for reward (ss 21–22). This restricts who can supply surveying services and creates an entry requirement for independent practitioners.\n\n- Firms: Firms may market and supply surveying services but must ensure the actual surveying work is performed by a registered surveyor or by trainees under supervision (s 22A). This permits firms to operate while imposing an organisational compliance obligation.\n\n- Supply-side substitution: the Act allows students and surveyor’s assistants to perform surveys under specified supervision (ss 21(3), 22(3)), which provides a permitted route to supply that can substitute for fully registered practitioners in supervised circumstances.\n\n- Potential effects on competition and prices: by reserving practice to registered persons (ss 21–22) the Act creates a barrier to entry that concentrates the ability to capture fee income in registered surveyors. The text therefore creates a mechanism by which benefits of exclusive practice are concentrated among registered surveyors while costs of restricted competition would be borne by buyers of surveying services; this follows mechanically from the registration and offence provisions.\n\n\n# Enforcement, remedies and confidentiality\n\n- Enforcement: The Board may discipline, and courts may impose penalties and order compensation (ss 12–13, 24). The regulator can require correction of surveys and recover costs as a debt to the Crown if a surveyor does not comply (s 9A). Certificates from the Registrar are admissible evidence (s 16). Fees and penalties are recoverable as debts to the Crown (s 35).\n\n- Confidentiality: unlawful disclosure of information obtained in administering the Act is an offence with a maximum penalty (s 35A), with limited exceptions (consent, administration of the Act, legal proceedings) (s 35A(a)–(d)).\n\n\n# Trade‑offs, opportunity costs and concentrated vs diffuse effects (mechanisms, not judgments)\n\n- The Act substitutes a statutory registration/discipline system for an unregulated market in surveying services by requiring registration and by centralising oversight in a Board and the Surveyor‑General (ss 10, 27–28, 2A). That creates monitoring, administrative and compliance costs for surveyors (registration fees, record keeping, compliance with standards and correction notices) (ss 10, 11, 9A, 33B).\n\n- The Act gives the Surveyor‑General and Board discretionary powers to set and enforce technical standards and to grant exemptions (ss 36, 33B). That concentrates technical decision rights within public officials and the Board, which determines who may practise and under what conditions.\n\n- Economically, the mechanism concentrates the exclusive right to provide paid surveying services in registered individuals (ss 21–22) while allowing firms to continue offering services only if they ensure a registered surveyor performs or supervises the work (s 22A). The Act permits supervised trainees to supply some services (ss 21(3), 22(3)), which mitigates entry restrictions to an extent.\n\n\n# Practical notes on legal and administrative links\n\n- The Act cross‑references several other statutes for operational detail or overlapping regulation: Licensing and Registration (Uniform Procedures) Act 2002 (applied to registration; s 10), Real Property Act 1900 and Conveyancing Act 1919 (contexts for land plans; s 3), Work Health and Safety (Mines and Petroleum Sites) Act 2013 (for mining surveys and some regulator definitions; ss 3, 9A, 36(3)), and the Electoral Act 2017 (register content; s 9C).\n\n\n# Key sections to consult quickly\n\n- Objects: s 2A.  Registration, application of uniform procedures: s 10.  Offences re unregistered practice: ss 21–22.  Surveyor‑General powers: ss 4–9.  Board constitution and functions: ss 27–28.  Error correction and cost recovery: s 9A.  Regulation‑making: s 36.  Exemptions by Surveyor‑General: s 33B.\n\n(References in parentheses are to sections of the Act.)"}},"importantCases":[],"_links":{"self":"/api/acts/surveying-and-spatial-information-act-2002","history":"/api/acts/surveying-and-spatial-information-act-2002/history","analysis":"/api/acts/surveying-and-spatial-information-act-2002/analysis","conflicts":"/api/acts/surveying-and-spatial-information-act-2002/conflicts","importantCases":"/api/acts/surveying-and-spatial-information-act-2002/important-cases","documents":"/api/acts/surveying-and-spatial-information-act-2002/documents"}}