Geographical Names Act 1991

The Act defines several key terms in s 3. A geographical name is a name assigned to, or approved as the name of, a place under the Act, and includes a dual geographical name. The definition was substituted by the 1999 amendment to accommodate the new dual name concept. A dual geographical name is a geographical name comprised of an aboriginal name that is the aboriginal name used for a place, together with another name assigned to the place by the Minister. This mechanism allows official recognition of both an Indigenous name and a non-Indigenous name for the same place, but the Act does not specify the order in which the two names must appear or how they are to be used in documents. The recorded name is the name by which a place is designated on a map, plan or other record deposited in an administrative unit of the Public Service. The Act distinguishes between a recorded name (which may be informal or historical) and a geographical name (which is the official name after assignment or approval under the Act). A place is defined broadly to include any area, region, locality, city, suburb, town, township, settlement, or any geographical or topographical feature, and also includes any railway station, hospital, school and any other place or building that is or is likely to be of public or historical interest. This wide definition captures not only natural features but also man-made structures and administrative areas, subject to the exclusions in s 4. A record includes documentary records, plans, electronic or photographic records, and any other kind of record, which is relevant to the Surveyor-General’s record-keeping function and to the offence provisions concerning documents and advertisements.

The Act also establishes a process for approval of a common name under s 11A. If the Minister is satisfied that the recorded name of a place is the name assigned by common usage and that there are no other names in common usage, the Minister may declare the recorded name to be the geographical name. This is a shortcut that avoids the normal assignment process and consultation, but it requires the Minister’s satisfaction - a subjective test with no published criteria. The assignment of a geographical name under s 11B is the primary method for naming a place. It involves a procedure of giving written notice to each local council likely to be interested, inviting submissions within one month, and publishing a notice in the Gazette and on a website or in a local newspaper. The Minister must take into account any submissions received but is not bound by them. The Minister may dispense with this procedure for minor and non-contentious boundary alterations, or where a division or amalgamation of allotments does not result in a change of address and the boundary alteration aligns with the new allotment boundaries (ss 11B(4)-(6)). Discontinuance of a geographical name is simply by Gazette notice (s 11C), with no consultation requirement.

The Act creates a category of places that require Surveyor-General approval for naming under s 12. This includes hospitals, schools, colleges or educational institutions established after the Act commenced, and areas of land divided for residential, industrial or commercial purposes after that date. The Surveyor-General may also specify other places or types of places by Gazette notice. For these places, no name may be given without the Surveyor-General’s written approval. The term “divided” is defined to include subdivided, re-subdivided, and alteration of boundaries of allotments, so it captures most land development activities.

The Act affects a range of actors including private landowners, developers, local councils, state government agencies, businesses that produce maps, brochures, signs or other advertising, and persons involved in establishing new hospitals, schools or educational institutions. It also affects the Crown in right of South Australia, which is bound (s 5), and the Registrar-General is expressly excluded from any obligation (s 16(2)).

Developers and subdividers are directly caught by s 12. Any person who plans to divide land for residential, industrial or commercial purposes after the Act’s commencement must obtain Surveyor-General approval for the name of the resulting area - whether a new suburb, estate or locality. This adds a regulatory step to the land development process. The developer may also be subject to cost recovery under s 15 if the Surveyor-General incurs costs dealing with the application. There is no time limit prescribed for the Surveyor-General to make a decision, creating potential delays and uncertainty for project timelines.

Local councils are affected in two ways. They receive notice of proposed name assignments or boundary alterations under s 11B(2)(c) and are invited to make written submissions within one month. They may also be the applicant themselves - for example, wanting to name a new park or public facility within their area. Councils must also be aware of the s 13 offence when producing their own maps, signage or publications; if they use an unofficial name for a place that has a geographical name, they must ensure the official name is prominently represented.

Businesses and publishers producing documents or advertisements that name places are affected by the offence in s 13(1). This includes real estate agents, tourism operators, guidebook publishers, online mapping services, signwriters and newspaper advertisers. If a place has an official geographical name or an approved name under s 12, a person must not produce or display a document or advertisement in which another name is represented as the name of that place unless the official name is also prominently represented. The term “document” is defined broadly to include books, brochures, guides, manuals, maps, newspapers, notices and billboards. The penalty is $5,000 per offence. This creates a compliance burden: businesses may need to check the official name before using a place name, and may need to redesign materials to include both names if an alternative or dual name is used.

Applicants for name changes - whether private individuals, community groups or local councils - are affected by the s 11B consultation process and the potential for cost recovery. The Act does not guarantee that a proposal will be accepted, and the Minister has wide discretion. There is no right to a hearing or appeal, only the right to make a submission.

The Minister and Surveyor-General are the key decision-makers. The Minister carries out the core functions; the Surveyor-General advises, keeps records, investigates names, publishes a gazetteer, and approves names under s 12. The Act imposes duties on them, but also confers powers without detailed guidance, leaving room for administrative discretion.

Minister’s duties and powers. The Minister’s functions under s 6(1) are to assign names to places, approve a recorded name as a geographical name, alter a geographical name, and determine whether use of a name is to be discontinued. The Minister must take into account the advice of the Surveyor-General (s 6(2)). When proposing to assign a geographical name or alter boundaries, the Minister has a duty to give written notice to each local council likely to be interested and to publish a notice in the Gazette and on a website or in a local newspaper, inviting written submissions within one month (s 11B(2), (2a)). The Minister must take into account any submissions received (s 11B(3)). However, the Minister may dispense with this consultation in two cases: where a boundary alteration is minor and non-contentious and views have been adequately canvassed by other means (s 11B(4)), and where a boundary alteration aligns with a new allotment boundary resulting from a division or amalgamation that does not change any allotment’s address (s 11B(5)). The Minister also has the power to delegate powers or functions to the Surveyor-General or to a person occupying a particular office or position (s 7). The delegation must be in writing, may be absolute or conditional, does not derogate from the Minister’s own power to act, and is revocable at will.

Surveyor-General’s duties and powers. The Surveyor-General has the function to advise the Minister on administration or operation of the Act, to keep records, to investigate and determine the form, spelling, meaning, origin, history, application and usage of place names, and to publish a gazetteer (s 9). The Surveyor-General also has the power to approve names under s 12 for certain places - hospitals, schools, educational institutions established after commencement, areas of land divided for residential, industrial or commercial purposes, and any other place specified by Gazette notice. This approval is given by instrument in writing. The Surveyor-General may recover from an applicant any costs or expenses reasonably incurred in dealing with an application for name assignment, boundary alteration or s 12 approval (s 15). The Surveyor-General’s certificate as to costs is prima facie evidence. There is no statutory right to a review of the Surveyor-General’s decision to approve or refuse a name.

Rights of interested persons. Any person who is interested in a proposal for name assignment or boundary alteration has the right to make written submissions to the Minister within one month of the public notice (s 11B(2)). The Minister must consider those submissions but is not bound by them. There is no right to a hearing, to cross-examine, or to be told the reasons for the Minister’s final decision. Similarly, local councils have the right to be notified and to make submissions.

Rights of applicants. A person may apply to the Surveyor-General for a name assignment, boundary alteration or s 12 approval, but the Act does not specify a right to a decision within any timeframe. The applicant may be required to pay costs incurred. There is no express right to appeal a refusal.

No common law rights affected. Section 16 provides that nothing in the Act affects the operation or validity of any instrument or agreement that creates or imposes rights or liabilities, and no obligation is imposed on the Registrar-General. This protects pre-existing contractual rights over land and property and ensures that the land titling system is not disrupted by a name change. It also means that private agreements using alternative names are not invalidated by the Act.

The Act creates one substantive offence in s 13(1). A person must not produce or cause to be produced, or display or cause to be displayed, a document or advertisement in which another name is represented, specifically or by implication, as being the name of a place that has either a geographical name assigned or approved, or a name approved under s 12, unless the geographical name or approved name is also prominently represented. The maximum penalty is $5,000. This is a relatively modest penalty but applies per document or advertisement. The term “document” includes books, brochures, guides, manuals, maps, newspapers, notices and billboards, so the offence can arise in many contexts - a map publisher using an outdated name, a real estate sign using a colloquial name for a suburb, or a tourism brochure referring to a place by its pre-official name. The phrase “by implication” expands the offence: even if another name is not identical to an official name but implies a different name, it may be caught. The requirement that the official name be “prominently represented” introduces a question of degree; there is no guidance on typeface, size, or placement.

Proceedings for an offence cannot be commenced without the consent of the Minister (s 14(2)). A certificate apparently signed by the Minister certifying consent is prima facie evidence of that consent (s 14(3)). This centralises enforcement authority in the Minister, meaning private prosecutions are not possible, and it limits the risk of frivolous proceedings. However, it also means enforcement may be uneven or politicised. The penalty of $5,000 is a maximum, so courts have discretion on the amount.

The Act also allows regulations to prescribe penalties not exceeding $2,500 for contravention of the regulations (s 17(2)(b)). No specific regulations were provided in the source text, but the Act contemplates fees and other regulatory requirements that could carry their own penalties.

The Surveyor-General has the power to recover costs and expenses from an applicant under s 15. While not a penalty, this imposes a financial burden on applicants. A certificate of the Surveyor-General as to costs is prima facie evidence, shifting the evidential burden onto the applicant to prove that costs were not reasonably incurred. This can be used in civil proceedings.

There is no offence for naming a place without approval under s 12 - the prohibition is that the place “must not be named without the Surveyor-General’s approval”. The Act does not explicitly create a penalty for contravening that prohibition; the only mandatory consequence appears to be that the name given is not an official name under the Act. However, if a person then uses that name in a document without the official name prominently represented, the s 13 offence may apply. So the practical enforcement is indirect.

The Act expressly excludes certain naming regimes. Section 4 provides that the Act does not apply to the name of a municipality, district or ward constituted under the Local Government Act 1934, an electoral district, division or subdivision under the Constitution Act 1934 or the Electoral Act 1985, a road or street, or a place prescribed by regulation. Those names are governed by their respective statutes. For example, road naming is typically dealt with by local councils under road management legislation or council by-laws. The exclusion means that the Act does not override local government naming decisions, but it also means that a road name may differ from the official geographical name of the area through which it runs. A developer naming a new road must comply with whatever local regime applies, not the Geographical Names Act.

Section 16 provides that nothing in the Act or done under it affects the operation or validity of any instrument or agreement that creates or imposes rights or liabilities. This ensures that private contracts, leases, easements and other instruments are not invalidated simply because a place name changes. This is important for title documents and land transactions: a change of official name does not void a contract that referred to the property by an earlier name. Additionally, s 16(2) provides that the Act imposes no obligation on or otherwise affects the Registrar-General. This keeps the land titling system separate; the Registrar-General continues to use the scheduled name in relation to land under the Real Property Act 1886, and a change of geographical name does not automatically alter land titles.

The Act repealed the Geographical Names Act 1969 in full. Section 18(2) provides that a geographical name in force under the repealed Act immediately before the commencement of this Act is taken to be a geographical name assigned under this Act. This transitional provision ensures continuity without requiring a fresh assignment for pre-existing official names.

The Act does not interact with the Native Title Act 1993 (Cth) or Aboriginal heritage legislation, although the introduction of dual geographical names in the 1999 amendment allows for recognition of Aboriginal place names. The Act gives the Minister discretion to include an Aboriginal name as part of a dual geographical name, but does not require consultation with Aboriginal groups beyond the general submission process.

The Act also does not affect the freedom of private parties to use any name they wish in purely private contexts - the Act only restricts representing another name as the name of a place in documents or advertisements. It does not prevent residents from calling their suburb by a nickname in conversation. However, the offence can capture private businesses and community organisations.

The Act was originally passed in 1991 (No 39 of 1991) and commenced on 9 January 1992. It repealed the Geographical Names Act 1969. The Act has been amended five times:

• Geographical Names (Assignment of Names) Amendment Act 1999 (No 50 of 1999, commenced 12 August 1999). This was a significant amendment. It inserted the definition of dual geographical name, substituted the definition of geographical name to include dual names, added s 6(2) requiring the Minister to take into account the advice of the Surveyor-General, inserted the whole of Part 2A (ss 11A, 11B, 11C), deleted s 8 (which had established a Geographical Names Committee), deleted the heading preceding s 13, and amended ss 13(1), 15(1) and 17(2). This amendment effectively changed the decision-making structure from a committee-based system to a ministerial one, with the Surveyor-General as adviser.

• Geographical Names (Miscellaneous) Amendment Act 2006 (No 24 of 2006, commenced 23 November 2006). This amendment deleted the definition of “the Committee” from s 3, amended s 6(2) (to cross‑reference the new committee arrangements), deleted s 7(1)(b) (which had allowed delegation to the Committee), deleted Part 2 Division 3 (the Committee provisions), and inserted ss 11B(5) and (6) providing for boundary alterations aligning with allotment boundaries from divisions or amalgamations. This completed the removal of the Committee from the Act.

• Statutes Amendment (Public Sector Consequential Amendments) Act 2009 (No 84 of 2009, Pt 70 s 167 commenced 1 February 2010). This amendment changed the definition of “recorded name” to replace references to “a department or instrumentality of the Crown” with “an administrative unit of the Public Service”.

• Statutes Amendment and Repeal (Simplify) Act 2019 (No 25 of 2019, Pt 20 s 43 commenced 3 October 2019). This amended s 11B(2)(a) to change the timeframe for local council submissions from “one month” to “one month” (the wording was already one month, but the amendment adjusted cross‑references) and inserted s 11B(2a) requiring that public notice be given in the Gazette and on a website determined by the Minister or in a newspaper circulating generally in the neighbourhood.

• The legislative history table also shows that section 2 (repealed by the 1991 Act) was omitted under the Legislation Revision and Publication Act 2002, and section 18(1) was similarly omitted under that Act. The long title was amended under that Act as well.

The amendments have centralised authority in the Minister, reduced the role of a committee, adapted to digital publication, and expanded the dual naming mechanism.

The source text of the Act does not refer to any cases, and no litigation history is provided. The Act itself provides limited scope for private litigation. Section 16 states that the Act does not affect the operation of instruments or agreements, which reduces the risk of disputes over contractual rights being upset by a name change. Proceedings for an offence require the Minister’s consent, so private prosecutions are unavailable. The Act does not provide a statutory right of appeal against the Minister’s decision to assign, alter or discontinue a geographical name, or against the Surveyor-General’s approval or refusal under s 12. Judicial review under the general administrative law principles is theoretically available, but the Act does not give any special standing. There are no published decisions discussed in the Act. Given the narrow scope of the rights created, litigation is likely to be rare. Disputes over naming - for example, between local councils and the Minister over a proposed name change - would likely be resolved through the political process or possibly through judicial review on procedural grounds (e.g., failure to follow consultation requirements). The absence of a statutory merits review mechanism suggests that the legislature intended the Minister’s decision to be final, subject only to the common law grounds of unreasonableness, procedural unfairness, or error of law.

Several provisions create traps for the unwary.

First, the definition of “place” in s 3 is extremely broad, extending beyond natural features to include railway stations, hospitals, schools and any building of public or historical interest. This means that many structures that might not be thought of as geographical places are subject to the Act. However, the s 12 restrictions on naming without approval apply only to hospitals, schools, colleges and educational institutions established after the Act commenced, and to divided land. So a new hospital built today would require Surveyor-General approval for its name, while an existing hospital that already has a name is not caught by s 12 - but if someone later wants to change that name, they would presumably need to go through the geographical name assignment process if it is considered a place.

Second, the s 13 offence can easily be triggered by businesses that use a place name in marketing without checking the official name. For example, a real estate agent advertising a property as “Sunnyvale” when the official geographical name is “Sunnyvale East” would be representing another name by implication. The agent would need to ensure the official name is prominently represented. The Act does not define “prominently represented” - a small footnote may not suffice. Similarly, map publishers using a historical name or a local nickname must also display the official name. This can increase design and printing costs.

Third, dual geographical names create a special compliance issue. The definition says a dual geographical name is comprised of an Aboriginal name and another name. When using a document that refers to the place, the official geographical name includes both components. If a document uses only one name, it may be held to be representing another name (the omitted one) unless the full dual name is prominently represented. The Act is silent on the order of the two names, but the official name is the combination.

Fourth, the consultation process in s 11B(2) can be avoided in two cases: for minor and non-contentious boundary alterations where views have been adequately canvassed by other means (s 11B(4)), and for boundary alterations aligning with new allotment boundaries from a division or amalgamation that does not change addresses (s 11B(5)). The Minister alone decides what is “minor and non-contentious”. An applicant or local council may not have the opportunity to object. This can allow boundary changes that affect local identity without public input.

Fifth, the Surveyor-General can recover costs from an applicant under s 15. The certificate of the Surveyor-General as to costs is prima facie evidence. The applicant may be liable for costs even if the application is refused. There is no upper limit stated. The applicant has the burden of proving costs were not reasonably incurred.

Sixth, a person who names a new subdivision without s 12 approval may later find that the name is not recognised as an official geographical name. This could cause confusion with postal authorities, emergency services, or land title references. The Act does not make the name legally effective, so the developer may need to apply later and risk refusal.

Seventh, the Act does not impose any obligation on the Registrar-General (s 16(2)). This means that a change of geographical name does not automatically flow through to land titles. A property may have a different title address than its geographical name, creating inconsistencies.

Eighth, s 4 excludes roads and streets, but a railway station or school is not excluded. If a school is located on a named road, the school’s name is governed by this Act, while the road name is not. The Act does not address conflicts when a school name is different from the road name, but the s 13 offence would apply to signage that uses only the road name as the school name if the official geographical name of the school is different.

Ninth, the Minister’s power under s 7 to delegate to the Surveyor-General or to an office holder means that key decisions may be made by a delegate without the face-to-face accountability of a ministerial decision. The delegation is revocable at will, but until revoked it carries full authority.

Compliance depends on your role.

If you are a land developer intending to divide land for residential, industrial or commercial purposes, you must, before giving any name to the subdivided area, apply to the Surveyor-General for approval of the name under s 12. The application should be in writing, describing the place and proposed name. The Surveyor-General may impose conditions or refuse the name. You should factor in time for the Surveyor-General to process the application; there is no statutory deadline. You may also need to pay the Surveyor-General’s costs under s 15. After approval, you must ensure that any documents or advertisements relating to that place prominently represent the approved name if any other name is used.

If you are a developer of a new hospital, school, college or educational institution, the same s 12 approval requirement applies. Obtain the Surveyor-General’s written approval for the name before using it.

If you want a place to have an official geographical name (e.g., a locality, suburb, or topographical feature), you may apply to the Minister or Surveyor-General. The Act does not prescribe a formal application process, but the Minister will initiate the s 11B process. You may need to set out the proposal and reasons. The Minister must consult local councils and the public. You should be prepared to make a written submission supporting the proposal. The Surveyor-General may recover costs.

If you produce maps, brochures, advertisements, signage or any document that names a place, you should check the official geographical names for all places referred to. The Surveyor-General publishes a gazetteer (s 9(1)(d)) which lists the official names. If you use any name other than the official geographical name or approved name, you must ensure that the official name is also prominently represented in the same document or advertisement. What constitutes “prominently represented” is not defined, but a good practice is to place the official name in at least as large a typeface as the other name, and in a clear location. For dual geographical names, you must include both parts. If you are unsure whether a place has an official name, you can search the Gazette or the gazetteer. Ignorance is not a defence to the s 13 offence.

If your local council receives a notice of a proposed name assignment or boundary alteration, you have one month from receipt to make written submissions to the Minister. You should consider how the proposal affects the local community, road signs, postal services, and emergency response. You may also need to update council records and signage if the name is approved. Councils should maintain a database of official geographical names to avoid breaching s 13 in their own publications.

If you are a business that uses a dual geographical name, ensure that both names are used together in all official communications. If you use only one, you may be implying that the other is not the name, which could contravene s 13.

If you wish to challenge a name decision, the Act provides no internal review or appeal. The only recourse is to apply for judicial review through the Supreme Court of South Australia on administrative law grounds (e.g., failure to follow procedure, unreasonableness, bias). You should obtain legal advice promptly as time limits apply.

If you are a purchaser of land, note that the official geographical name may differ from the address on the land title certificate. Check the gazetteer if you need certainty.

General compliance steps: appoint a person responsible for monitoring naming activities, keep a copy of the Gazette notices, consult the gazetteer, and include a clause in contracts for map production or advertising that requires the supplier to verify official names. Record the date of any consultation period to avoid missing submission deadlines.