{"id":"transfer-of-land-surveys-regulations-1995","name":"Transfer of Land (Surveys) Regulations 1995","slug":"transfer-of-land-surveys-regulations-1995","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182269,"registerId":"wa-transfer-of-land-surveys-regulations-1995-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Transfer of Land (Surveys) Regulations 1995","content":"![Crest]()Western Australia\n\nTransfer of Land Act 1893\n\nTransfer of Land (Surveys) Regulations 1995\n\nWestern Australia\n\nTransfer of Land (Surveys) Regulations 1995\n\nContents\n\n1. Citation 1\n\n2. Definitions 1\n\n3. Electronic records of plans 2\n\n4. Compiled plans 2\n\n5. Residue land 3\n\n6. Identification of parcels of land in plans 4\n\n7. Plans for easement purposes only 4\n\n8. Existing interests, proposed modifications to existing interests and proposed interests in land to be depicted in plans 5\n\n9. Registrar may require a new plan if certain existing interests to be modified 6\n\n10. Formatting and other contents of plans 6\n\n11. Requirements before plan can be approved 7\n\nNotes\n\nCompilation table 8\n\nDefined terms\n\n  \n\nTransfer of Land Act 1893\n\nTransfer of Land (Surveys) Regulations 1995\n\n##### 1. Citation\n\nThese regulations may be cited as the *Transfer of Land (Surveys) Regulations 1995*.\n\n##### 2. Definitions\n\nIn these regulations unless the contrary intention appears —\n\nauthorised survey has the meaning that it has in the *Licensed Surveyors Act 1909*;\n\ncovenant means —\n\n(a) a restrictive covenant registered under the Act that is capable of being shown spatially on a plan; or\n\n(b) a covenant referred to in section 15 of the *Land Administration Act 1997* that is capable of being shown spatially on a plan;\n\nInspector of Plans and Surveys means a surveyor on the staff of the Authority appointed by the Governor to approve plans of authorised surveys;\n\ninterest means —\n\n(a) an easement, memorial or notification that is capable of being shown spatially on a plan; or\n\n(b) a covenant;\n\nmonument means a building, permanent structure or permanent survey mark;\n\nplan means a plan to be presented for lodgment with the Registrar;\n\nsurveyor means a surveyor who is licensed under the *Licensed Surveyors Act 1909* and who holds a practising certificate under that Act;\n\nterminals means the ends or extents of an easement.\n\n[Regulation 2 inserted: Gazette 16 Feb 2001 p. 909; amended: Gazette 29 Dec 2006 p. 5916.]\n\n##### 3. Electronic records of plans\n\n(1) Every plan shall be accompanied by a digital electronic record of that plan in a format specified by the Inspector of Plans and Surveys.\n\n(2) For the purposes of —\n\n(a) certification by a licensed surveyor under regulation 4(2)(d) or under regulation 54 or 55E of the *Licensed Surveyors (Guidance of Surveyors) Regulations 1961*; and\n\n(b) approval by the Inspector of Plans and Surveys,\n\na digital electronic record lodged with a plan is to be regarded as forming part of that plan.\n\n[Regulation 3 amended: Gazette 16 Feb 2001 p. 909.]\n\n##### 4. Compiled plans\n\n(1) Where the surround of a parcel of land is already defined by existing surveys a plan may be compiled from those existing surveys and lodged instead of the plan of survey required by the *Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961* or the *Licensed Surveyors (Guidance of Surveyors) Regulations 1961*.\n\n(2) Where a compiled plan is prepared —\n\n(a) the word “compiled” is to be shown on the plan instead of the field record number;\n\n(b) the plan is to record all the source documents from which the plan was prepared;\n\n(c) angles, total distances and abuttals are to be shown but intermediate distances or marks are not to be shown and angles and distances are not to be annotated “orig” or “cal”; and\n\n(d) a certificate in the form of the table to this subregulation is to be written on the plan and signed by a licensed surveyor.\n\n**Table**\n\nCertificate\n\nI hereby certify that this compiled plan —\n\n(a) is a correct and accurate representation of the survey(s) of the subject land; and\n\n(b) is in accordance with the relevant law in relation to which it is lodged.\n\n…………………………… ………………………….\n\nDate Licensed surveyor\n\n[Regulation 4 amended: SL 2021/152 r. 4.]\n\n##### 5. Residue land\n\n(1) If a proposed acquisition of land for a public purpose does not comprise the whole of the land described in a certificate of title, the plan for the acquisition is to show the residue land to scale.\n\n(2) If a proposed subdivision of land does not comprise the whole of the land described in a certificate of title, the plan for the subdivision is to show the residue land to scale.\n\n(3) If a proposed amalgamation of land does not comprise the whole of the land described in a certificate of title, the plan for the amalgamation is to show the residue land to scale.\n\n(4) Any residue land is to be shown as a whole lot or lots and numbered as a new lot or lots.\n\n(5) If the boundaries of the residue land are extensive, the Registrar, the Inspector of Plans and Surveys or an authorised land officer may allow the part of the plan showing the residue to be compiled without the distances or angles of, or bearings for, the boundaries, easements or covenants.\n\n(6) The Registrar or an authorised land officer may direct that any one or more of subregulations (1) to (5) do not apply to a particular plan of Crown land and such direction has effect according to its tenor.\n\n[Regulation 5 inserted: Gazette 16 Feb 2001 p. 909‑10.]\n\n##### 6. Identification of parcels of land in plans\n\n(1) Each parcel of land, including a parcel intended for a public reserve, pedestrian accessway, right of way or drainage reserve, is to be identified in a plan with a number of no more than 5 numerals.\n\n(2) This regulation does not apply to roads that do not require the creation of a certificate of Crown land title.\n\n[Regulation 6 inserted: Gazette 16 Feb 2001 p. 910.]\n\n##### 7. Plans for easement purposes only\n\n(1) This regulation applies in relation to a plan that is prepared by a surveyor for the sole purpose of defining an easement.\n\n(2) The surveyor is to connect the position of the easement by measurement to relevant monuments.\n\n(3) The surveyor is to —\n\n(a) determine by survey or calculation the position of the existing parcel boundary in relation to —\n\n(i) the terminals of the easement; and\n\n(ii) the intersection of the easement with the boundary;\n\nand\n\n(b) show on the plan the connections from the easement to the nearest corner of the parcel.\n\n(4) Subject to subregulation (5), the surveyor is to show on the plan the position and extent of the easement.\n\n(5) If an easement is to be created over existing pipes or conduits that are underground or within a building and the precise location of those pipes or conduits cannot reasonably be determined, the surveyor is to show on the plan the approximate positions of the pipes or conduits together with appropriate notations.\n\n[Regulation 7 inserted: Gazette 16 Feb 2001 p. 910‑11.]\n\n##### 8. Existing interests, proposed modifications to existing interests and proposed interests in land to be depicted in plans\n\nThe Registrar may determine which of the following matters are to be set out in a plan in relation to land and the manner in which the matters are to be set out in the plan —\n\n(a) the nature, position and extent of each existing interest affecting the land;\n\n(b) reference to the instrument, document or plan by which each existing interest affecting the land was created;\n\n(c) details and the extent of any proposed modification of an existing interest affecting the land;\n\n(d) the nature, position and extent of each proposed new interest to affect the land;\n\n(e) any burden by an existing easement or covenant affecting land that is a subject of the plan;\n\n(f) any benefit by an existing easement or covenant affecting land that is a subject of the plan if the benefit is able to be depicted spatially on the plan;\n\n(g) any existing easement in gross or covenant in gross affecting the land that is a subject of the plan and the details of each person who has the benefit of that easement or covenant;\n\n(h) any burden or benefit that would result from a proposed modification to an existing easement or covenant affecting land that is a subject of the plan if the burden or benefit is able to be depicted spatially on the plan;\n\n(i) any burden or benefit by a proposed new easement or covenant to affect the land, whether or not the land proposed to be benefited is a subject of the plan;\n\n(j) any proposed new easement in gross or covenant in gross to affect the land that is a subject of the plan and the details of each person who is proposed to have the benefit of that easement or covenant.\n\n[Regulation 8 inserted: Gazette 16 Feb 2001 p. 911.]\n\n##### 9. Registrar may require a new plan if certain existing interests to be modified\n\nIf the position or extent of any existing easement or covenant is to be modified the Registrar may direct that a new plan is to be lodged showing the details, position and extent of the easement or covenant as modified.\n\n[Regulation 9 inserted: Gazette 16 Feb 2001 p. 912.]\n\n##### 10. Formatting and other contents of plans\n\n(1) The following matters are to be as specified or approved by the Registrar —\n\n(a) the manner in which the dimensions (including area) of each parcel are shown in a plan;\n\n(b) the manner in which the arrangement and format of a plan are prepared and presented;\n\n(c) the medium on or in which a plan is to be prepared.\n\n(2) A plan may only comprise more than 4 sheets if the Inspector of Plans and Surveys or an authorised land officer approves the number of sheets before the plan is lodged.\n\n(3) Each sheet of a plan is to —\n\n(a) be consecutively numbered as part of a series;\n\n(b) contain the plan number; and\n\n(c) be signed and dated by the surveyor who prepared the plan in a manner approved by the Registrar.\n\n(4) A plan is to —\n\n(a) refer to the purpose of the authorised survey, if relevant, and plan;\n\n(b) show whether Crown land or freehold land or a combination of these types of tenure is a subject of the plan; and\n\n(c) refer to each certificate of title and certificate of Crown Land Title for the land concerned.\n\n[Regulation 10 inserted: Gazette 16 Feb 2001 p. 912.]\n\n##### 11. Requirements before plan can be approved\n\nThe Inspector of Plans and Surveys or an authorised land officer may only approve a plan when all the necessary instruments, applications or dealings transferring or disposing of the land are registered.\n\n[Regulation 11 inserted: Gazette 16 Feb 2001 p. 912.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Transfer of Land (Surveys) Regulations 1995* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Transfer of Land (Surveys) Regulations 1995* | 14 Jul 1995 p. 2971‑2 | 14 Jul 1995 |\n| *Transfer of Land (Surveys) Amendment Regulations 2001* | 16 Feb 2001 p. 908‑12 | 16 Feb 2001 |\n| **Reprint 1: The *Transfer of Land (Surveys) Regulations 1995* as at 16 Feb 2004** (includes amendments listed above) | | |\n| *Transfer of Land (Surveys) Amendment Regulations 2006* | 29 Dec 2006 p. 5916 | 1 Jan 2007 (see r. 2 and *Gazette* 8 Dec 2006 p. 5369) |\n| *Transfer of Land (Surveys) Amendment Regulations 2021* | SL 2021/152 31 Aug 2021 | r. 1 and 2: 31 Aug 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Sep 2021 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nauthorised survey 2\n\ncovenant 2\n\nInspector of Plans and Surveys 2\n\ninterest 2\n\nmonument 2\n\nplan 2\n\nsurveyor 2\n\nterminals 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Amendments since 1995 modernised and clarified technical processes (for example, adding an electronic record requirement in 2001 and updating compiled plan certification in 2021) but did not expand the instrument’s core scope. The regulations remain focused on procedural and technical standards for survey plans lodged under the Transfer of Land Act rather than introducing new policy areas or substantive property rights."},"complexity_factors":["11 regulations (short overall instrument)","8 defined terms in regulation 2","Cross-references to multiple external Acts and regulations (Licensed Surveyors Act 1909; Land Administration Act 1997; Licensed Surveyors (Guidance of Surveyors) Regulations 1961; Transfer of Land Act 1893)","Technical, domain-specific content (surveying and plan presentation) requiring specialist knowledge","Discretionary powers vested in Registrar/Inspector (multiple provisions: regs 5(5)-(6), 8, 9, 10(1)-(2), 11)","Conditional rules and exceptions (e.g. compiled plans format requirements, residue land omissions, multi-sheet approval)","Some nested procedural conditions (electronic record treated as part of plan for certification and approval; approvals contingent on registration of instruments)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Sets technical rules for plans lodged under the Transfer of Land Act 1893. It tells surveyors and the land registry what must be shown on plans, how plans are formatted, and what supporting material must accompany them.\n- Requires every plan to be accompanied by a digital electronic record in a format set by the Inspector of Plans and Surveys (reg 3). The digital record is treated as part of the plan for certification and approval purposes (reg 3(2)).\n- Permits “compiled plans” that reuse existing surveys when the parcel surround is already defined; states how such plans must be annotated and certified (reg 4).\n- Requires plans that do not describe whole certificates of title (for acquisition, subdivision or amalgamation) to show the residue land to scale and numbered as new lot(s), subject to limited exceptions and official discretion (reg 5).\n- Imposes identification rules (parcel numbers up to five numerals) and technical rules for plans prepared solely to define easements (regs 6–7).\n- Lets the Registrar require a plan to show existing and proposed interests, including easements, covenants and related benefits or burdens, and specifies that the Registrar may demand a new plan where existing interests are to be modified (regs 8–9).\n- Gives the Registrar and Inspector specific powers to prescribe or approve dimensions, layout, medium, sheet limits, numbering and signing of plan sheets; and says plans can only be approved when the necessary instruments or dealings are registered (regs 10–11).\n\n**Who this affects**\n\n- Licensed surveyors preparing plans (defined term “surveyor”) — they must prepare, certify and sign plans in the required form, provide a digital record, and follow rules for compiled plans, easements, residue land, labelling and layout (see regs 2, 3, 4, 5, 7, 10).\n- The Registrar, the Inspector of Plans and Surveys and authorised land officers — they decide technical formatting, approve exceptions (e.g. multi‑sheet plans), and may require new plans or direct that particular subregulations do not apply (regs 5(5)‑(6), 9, 10, 11).\n- Landowners and applicants involved in acquisitions, subdivisions, amalgamations or dealings that affect easements, covenants or other interests — plans must depict residue land and existing/proposed interests as required, which can affect what is shown on titles and in the register (regs 5, 8, 9).\n\n**Why it matters (official purpose and practical effects)**\n\n- The regulations are procedural and technical: their stated purpose is to ensure plans lodged with the land registry are complete, consistent and usable for registration and the land titles system (see regs 3, 10, 11). That purpose is advanced by requiring digital records, prescribing what must be depicted (boundaries, easements, covenants, residue), and by giving the Registrar and Inspector authority to set formatting standards.\n\n**Costs, incentives, trade‑offs and implementation risks**\n\n- Compliance burden falls mainly on licensed surveyors. New or updated digital format requirements (reg 3) and registrar‑specified layout/medium (reg 10(1)) can impose software, training or workflow costs on surveyors and firms. The government/registry is also responsible for receiving and processing the specified digital formats.\n- Allowing compiled plans (reg 4) lowers surveying work where reliable source surveys exist, reducing cost and duplication. However, compiled plans limit the amount of raw survey detail that appears on the plan (reg 4(2)(c)), which can shift investigatory costs to future users if further precision is needed.\n- Registrar/Inspector discretion (for example, on omitting detailed measurements of extensive residue land — reg 5(5), on approving more than four sheets — reg 10(2), and on what interests must be depicted — reg 8) creates flexibility for the registry but also introduces uncertainty for surveyors and applicants about what will be required in particular cases.\n- The power to require a new plan when existing easements or covenants are modified (reg 9) increases certainty about how modifications will appear on the register but can mean extra work and cost for applicants when interests are changed.\n- Treatment of electronic records as part of the plan for certification/approval purposes (reg 3(2)) concentrates importance on the digital file’s integrity and format; errors in the electronic record may thus have legal or administrative consequences.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Surveyors (and by extension their clients) pay for producing compliant plans, digital records, and any new plans required by the Registrar (regs 3, 4, 9, 10). The registry bears the operational cost of specifying and handling the electronic formats.\n- Decisions about format, exceptions and approval are taken by the Registrar, the Inspector of Plans and Surveys, or authorised land officers (regs 3, 5(5)‑(6), 8, 10, 11). These officials can require additional detail or allow omissions in particular cases.\n- Behaviourally, surveyors will adopt the specified digital standards, use compiled plans when permissible, show residue land where required, and include more explicit depiction of easements/covenants when the Registrar so directs (regs 3–10).\n\n**Concrete references to notable provisions**\n\n- Digital records required: reg 3.\n- Compiled plans and their certification: reg 4.\n- Residue land depiction and limited powers to relax detail: reg 5(1)–(6).\n- Parcel numbering limit (up to 5 numerals): reg 6.\n- Detailed requirements for plans prepared only to define easements: reg 7.\n- Registrar’s control over which existing/proposed interests must be shown: reg 8; power to require new plan on modification: reg 9.\n- Formatting, sheet limits, signing and content requirements: reg 10; approval only after registration of necessary instruments: reg 11.\n\n(References in parentheses are to regulation numbers.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to have maintained its original scope as technical regulations governing land survey plans. The amendments shown in the compilation table (2001, 2006, 2021) appear to be updates and refinements rather than significant expansions beyond the original purpose of regulating survey plan preparation and approval."},"complexity_factors":["8 defined terms in the interpretation section (Regulation 2), including nested definitions for 'interest' and 'covenant'","Cross-references to 4 other pieces of legislation (Transfer of Land Act 1893, Licensed Surveyors Act 1909, Land Administration Act 1997, and Licensed Surveyors (Guidance of Surveyors) Regulations 1961)","Conditional logic in Regulation 5 with 6 subsections creating exceptions for residue land depiction","Nested exceptions in Regulation 7(5) allowing approximate positions for underground easements","Discretionary powers granted to Registrar/Inspector in Regulations 5(5), 5(6), 8, 9, 10(1), 10(2), and 11","Technical surveying terminology requiring domain knowledge (e.g., 'terminals', 'abuttals', 'monuments', 'easement in gross')"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the technical rules for how land surveys must be prepared, formatted, and submitted to the Western Australian land titles office (the Registrar). They ensure that when land is subdivided, acquired, or otherwise dealt with, the plans showing boundaries and interests are accurate, consistent, and legally valid.\n\n**Who it affects:**\n\n- **Licensed surveyors** – must follow these rules when preparing plans for lodgment\n- **Land developers and property owners** – their subdivision or development plans must comply to be registered\n- **The Registrar and Inspector of Plans and Surveys** – government officials who approve or reject plans\n- **Anyone buying or selling land** – benefits from clear, accurate title records\n\n**Key requirements:**\n\n- **Digital records**: Every plan must include an electronic version in the approved format (Regulation 3)\n- **Compiled plans**: If using existing surveys rather than new fieldwork, specific labeling and certification rules apply (Regulation 4)\n- **Residue land**: When only part of a property is being subdivided or acquired, the remaining \"residue\" must be shown on the plan (Regulation 5)\n- **Easements**: Special rules apply for plans that only create easements (rights to use land, like for pipes or access) – these must connect to permanent landmarks (Regulation 7)\n- **Interests on plans**: Easements, covenants (restrictions on land use), and other interests must be depicted spatially where possible (Regulations 8-9)\n- **Approval requirements**: Plans can only be approved when all related land transfer documents are registered (Regulation 11)\n\n**Why it matters:**\n\nThese rules prevent boundary disputes, ensure property titles accurately reflect what's on the ground, and maintain the integrity of Western Australia's land registry system. Without them, buyers might purchase land without knowing about easements, or boundaries might be unclear, leading to costly legal fights."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the full text of the legislation was not retrievable from the provided source. No analysis of amendments or scope drift is possible."},"complexity_factors":["No legislative content was returned — only a 404-style error page","Cannot assess complexity without access to the actual text of the regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page for the *Transfer of Land (Surveys) Regulations 1995* (Western Australia) is no longer available at the expected web address. The content of the actual regulations was not returned — only an error message explaining the page has moved due to system upgrades.\n\n**What we do know from the title:** These regulations would likely govern the technical requirements for land surveys conducted under Western Australia's land title (property ownership registration) system — affecting surveyors, property developers, conveyancers, and landowners involved in subdividing or transferring land.\n\n**What to do:** Visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) and search directly for \"Transfer of Land (Surveys) Regulations 1995\" to find the current version."}},"importantCases":[],"_links":{"self":"/api/acts/transfer-of-land-surveys-regulations-1995","history":"/api/acts/transfer-of-land-surveys-regulations-1995/history","analysis":"/api/acts/transfer-of-land-surveys-regulations-1995/analysis","conflicts":"/api/acts/transfer-of-land-surveys-regulations-1995/conflicts","importantCases":"/api/acts/transfer-of-land-surveys-regulations-1995/important-cases","documents":"/api/acts/transfer-of-land-surveys-regulations-1995/documents"}}