Licensed Surveyors (Transfer of Land Act 1893) Regulations

The Regulations organise survey practice around a few recurring legal and technical concepts. These concepts structure how surveyors must translate physical measurement into depositable plans and how the WALIA vets those plans.

1. Licensed surveyor as legal gatekeeper (regulation 1A, 1B)

• “Surveyor” is defined as a licensed surveyor entitled to practise under the Transfer of Land Act 1893 (reg 1A). Regulation 1B makes it mandatory that every survey, re‑survey or subdivision used for WALIA dealings be “made by a licensed surveyor lawfully entitled to practise” and strictly in accordance with the Regulations. This ties the production of depositable cadastral documents to statutory licensing under the Transfer of Land Act.

2. Field record as evidentiary source (regs 7-12, 8)

• The “field record” is a core documentary concept. Regulation 1A defines it and regulation 8 requires the field record kept in the field to be lodged with WALIA (subject to specific exceptions referencing the general regulations). The field record must show items including angles, bearings, distances, old marks tied on to or replaced, offsets, position of fences, buildings, walls, roads, rights‑of‑way, subdivisions; and improvements within one metre of boundaries (reg 8(1)-(2)). Regulation 7 requires a sketch of the exterior boundaries where possible. The field record is therefore the primary evidentiary support for a plan or diagram.

3. Duty to the Government versus duty to the employer (reg 2)

• Regulation 2 expressly directs the surveyor to disclose “all doubts, discrepancies, and difficulties” and to consider themself “rather an agent and adviser of the Government than of the person employing him”. This assigns to the surveyor a public‑facing duty to safeguard WALIA’s title integrity, not merely to execute the client’s brief.

4. Searches and relevant bodies (reg 4)

• Pre‑survey searches are mandatory. Regulation 4 requires the surveyor, before making a survey, to obtain all available information respecting the land in the “relevant bodies”, which are listed as the department dealing with the Land Administration Act 1997, the department dealing with the Mining Act 1978 and the WALIA (reg 4(1)-(3)). This places primary reliance on public records for pre‑survey information.

5. On‑ground marking, reference marks and reinstatement (Part IV, regs 30-37; 23)

• The Regulations prescribe how corners and marks are to be referenced or re‑fixed and how to place substitute marks where pegs cannot be put in (reg 30, 31, 32, 33). Regulation 23 provides detailed steps for re‑defining road corners, including connection to at least 2 reference marks, renovation of corner marks, placement of additional reference marks when necessary and tying to buildings or permanent marks within 20 m. The Regulations therefore codify methods intended to facilitate later reliable reinstatement.

6. Drafting and labelling standards (Part V, regs 41, 43, 48-51, 55, 59)

• Plans must be drawn in waterproof ink and be of sufficient strength to bear photographic microfilm reproduction (reg 41). Plans below WALIA’s plotting or draftsmanship standard may be rejected (reg 43). Roads, reserves and allotments must be distinctly delineated and show areas and dimensions (reg 48). Abbreviations for old marks and replacements are specified (reg 51). Offsets with certain distances trigger “calculated” labelling rules (reg 55). Areas must be shown in specified units and precision (reg 59). These drafting concepts make the documentary form of cadastral data legally significant.

7. Interaction with the general regulations and other Acts (reg 1A, 4(3))

• The Regulations repeatedly cross‑reference the “general regulations” for methods and for exceptions (e.g., reg 8(3) refers to general reg 55B). Regulation 1A ties the definitions to the Licensed Surveyors (Guidance of Surveyors) Regulations 1961 and the Land Information Authority Act 2006. The main concepts therefore operate within a broader regulatory framework.

Together, these concepts remake technical survey decisions into enforceable procedural and documentary obligations. They allocate responsibility for public record integrity to the licensed surveyor (reg 2), designate WALIA and its Inspector as technical approvers (reg 1A, reg 5), and give precise, prescriptive treatment rules that determine when a plan will be accepted or rejected (reg 43, regs 41, 48, 59). The Regulations thus convert measurement practice into a compliance regime with discrete documentary inputs and administrative outputs.

The Regulations create obligations and constraints that fall on several identifiable groups.

1. Licensed surveyors (primary addressees)

• The Regulations explicitly target surveyors: a “surveyor” is a licensed surveyor entitled to practice under the Transfer of Land Act 1893 (reg 1A), and regulation 1B requires every survey, re‑survey or subdivision used for WALIA dealings to be made by such a licensed surveyor. Practical obligations for surveyors include pre‑survey searches (reg 4), preparing and lodging field records (reg 8), producing sketches of boundaries (reg 7), marking, referencing and reinstating corners and pegs (Part IV, regs 30-37), producing plans to WALIA drafting standards (Part V, regs 41, 43, 48, 59), and complying promptly with notices from the Inspector of Plans and Surveys (reg 5). The “duty to the Government” (reg 2) directs surveyors to disclose discrepancies even where that may conflict with employer instructions.

2. Clients/employers of surveyors (landowners, developers, purchasers)

• Employers supply the commission for surveys but they do not control whether a survey will be accepted by WALIA. The Regulations restrict what employers can obtain that will be accepted for title dealings, because only a licensed surveyor’s work prepared and lodged in compliance with the Regulations will be accepted (reg 1B; reg 8). The Regulations also require disclosure of doubts and discrepancies to WALIA even if such disclosure may not suit the employer’s commercial interest (reg 2).

3. Western Australian Land Information Authority (WALIA)

• WALIA is the central administrative actor: plans and field records are to be lodged with it (reg 1B; reg 8). The Authority is empowered through its officers, in particular the Inspector of Plans and Surveys, who can require amendments and additional information (reg 5). The definition of “Inspector of Plans and Surveys” (reg 1A) situates that role as a licensed surveyor on WALIA staff appointed by the Governor.

4. Inspector of Plans and Surveys, Commissioner and Registrar of Titles

• These officers exercise direction and approval functions. Regulation 5 requires surveyors to comply with notices from the Inspector of Plans and Surveys and with special directions from the Commissioner or Registrar of Titles. Regulation 43 gives the WALIA authority to refuse plans that do not meet plotting or draftsmanship standards.

5. Relevant government bodies and record custodians

• Regulation 4 requires surveyors to obtain available information from the relevant bodies, which the Regulations define specifically as the department principally assisting in the administration of the Land Administration Act 1997, the department principally assisting in the administration of the Mining Act 1978, and WALIA (reg 4(3)). Those agencies are therefore sources of information and may be required to assist surveyors (reg 4(2)).

6. Adjoining owners and the public interest in title integrity

• Regulation 3 requires surveyors, when the land applied for differs from deed descriptions, to show that there is or is not sufficient land left to supply the quantity belonging to adjoining owners “under the most liberal interpretation of their rights”. That places an informational burden in the field record intended to protect third‑party property interests. The “duty to the Government” (reg 2) also situates surveyors as contributors to public title certainty.

7. Courts, tribunals and other entities relying on WALIA records

• Although not directly regulated by these Regulations, entities that rely on WALIA’s plans and titles are affected indirectly because the Regulations determine when WALIA will accept submissions and the standard of evidence underpinning title records.

Who actually pays

• The direct compliance costs (time, marking, surveying, documentation) fall primarily on the licensed surveyor and, by contractual pass‑through, on the client/employer who engages the surveyor. Administrative friction costs (rejections, repeated amendments required under reg 5) are borne by the surveyor and client. The WALIA bears administrative costs in vetting plans and maintaining standards, but the Regulations also enable it to limit acceptance to compliant plans (reg 43), which reduces the downstream cost of title disputes. The relevant departments are obliged to provide assistance for searches (reg 4(2)), which may impose staff time costs.

In short, the Regulations principally govern the conduct and documentation of licensed surveyors producing WALIA depositable plans, while also compelling certain disclosures and protections for adjoining owners and giving WALIA officers explicit authority to demand compliance and withhold acceptance where standards are not met (regs 1B, 2, 3, 4, 5, 43).

This section lists the principal duties placed on surveyors, the administrative rights of WALIA and its officers, and selected rights implied or conferred by the text.

Key duties on surveyors

1. Requirement to be licensed and to follow the Regulations (reg 1B)

• Every survey, re‑survey or subdivision used for WALIA dealings must be made by a licensed surveyor lawfully entitled to practise and the survey, re‑survey or subdivision and every plan submitted must be made in strict accordance with the Regulations (reg 1B).

2. Duty to act for the public interest and disclose deficiencies (reg 2)

• Surveyors are required to disclose all doubts, discrepancies and difficulties relevant to the property and to consider themselves “agent and adviser of the Government” rather than only agents of their employer. The regulation instructs that withholding information affecting the merits of the application or dealing will not be excused by following employer interests.

3. Duty to protect adjoining owners’ interests in certain circumstances (reg 3)

• When the land applied for differs from deed descriptions, the surveyor must, when practicable, show whether there is sufficient land left to satisfy adjoining owners’ quantities, using the most liberal interpretation of their rights.

4. Pre‑survey search and records duty (reg 4)

• Before making a survey, a surveyor must obtain all available information respecting that land from the “relevant bodies” (reg 4(1)-(3)). Officers of those bodies must provide assistance (reg 4(2)).

5. Duty to lodge detailed field records with WALIA (reg 8)

• The field record kept in the field must be lodged with WALIA (subject to limited exceptions in the general regulations). It must show everything the surveyor does or finds on the ground (angles, bearings, distances, old marks tied on to or replaced, offsets, fences, buildings, walls, roads, rights‑of‑way, subdivisions). All improvements within one metre of the boundary must be located. The area of the land must be recorded and each subdivisional allotment’s area must be recorded (regs 8, 11).

6. Duty to sketch centring and facing of pegs, and numbered subdivision conventions (regs 9, 12)

• The positions of peg centres and outer edges with reference to the boundary alignment must be shown in the field notes (reg 9). Subdivision numbering must be consecutive from one upwards and not duplicate within a location unless special permission is given (reg 12).

7. On‑ground practices for marking, re‑definition and substitution (regs 23, 28, 30-37)

• Re‑defining road corners must be connected to two or more reference marks, renovated if decayed, and provided with additional reference marks if only two exist (reg 23). When old surveys are superseded, old marks must be removed or obliterated and the removal reported to the Inspector of Plans and Surveys (reg 28). Substitute marks (spikes, broad arrows, wall markings) are prescribed where pegs cannot be used (reg 33). Tacks in centre of pegs and maintenance of faced pegs are required (regs 36-37).

8. Drafting and labelling duties (regs 41, 48-51, 55, 59)

• Plans must be strong enough for photographic reproduction and drawn in waterproof ink (reg 41). Roads and reserves and allotments must be clearly delineated and labelled (reg 48). Specific abbreviations for old marks and notation of offsets and calculated distances are prescribed (regs 51, 55). Areas must be shown in square metres below 10,000 m2 and in hectares to four decimals above that threshold, with trailing zeros omitted as specified (reg 59).

Administrative rights and authorities

1. Inspector of Plans and Surveys’ right to require amendment and more information (reg 5)

• The Inspector of Plans and Surveys can issue notices to surveyors to amend a survey or provide more information; the surveyor must “immediately comply” (reg 5).

2. Commissioner/Registrar’s directions (reg 5)

• Surveyors must observe and comply with any special directions from time to time given by the Commissioner, Registrar of Titles, or Inspector of Plans and Surveys in relation to plans and surveys (reg 5).

3. WALIA’s right to reject plans below standard (reg 43)

• Plans or diagrams below WALIA’s standard in plotting or draftsmanship may be rejected (reg 43). This is the administrative mechanism by which WALIA enforces drafting standards.

4. Record‑keeping rights (reg 8)

• WALIA is the lodgment point for field records and plans, thus determining acceptance into the official title record (reg 8).

Rights or discretion of the surveyor

1. Right to seek information and assistance from relevant bodies (reg 4(2))

• While framed as an obligation on the bodies to assist, the regulation gives surveyors a right to obtain available information and to request help from officers of relevant bodies.

2. Limited discretion in numbering and marking subject to Inspector’s permission (reg 12)

• The surveyor may seek “special permission from the Inspector of Plans and Surveys” to repeat the same number in a location or Crown allotment under exceptional circumstances (reg 12).

What is not included as an express statutory right or duty

• The Regulations do not set out a general dispute resolution mechanism, nor do they provide a schedule of monetary penalties in the text. They rely on administrative controls (comply with notices; plans may be rejected) rather than enumerated fines or criminal sanctions in the instrument itself. Where those enforcement consequences may lie (e.g., under the Transfer of Land Act or the Licensed Surveyors Act) the Regulations do not state them explicitly.

These duties and rights create a compliance architecture in which the licensed surveyor is the primary obliged actor; the WALIA and its inspectors hold approval and rejection powers; and the general regulations and other Acts supply methods and cross‑referenced requirements (reg 1A; reg 4).

The Regulations themselves are primarily prescriptive and administrative; they prescribe required conduct and documentary standards but do not include specified monetary fines or criminal sanction clauses within their text. Enforcement operates through procedural and administrative levers and through interlocking legislation and professional licensing regimes.

Express enforcement and remedial mechanisms in the Regulations

1. Requirement to comply with notices from WALIA officers (reg 5)

• Regulation 5 gives the Inspector of Plans and Surveys authority to issue notices to amend a survey or to supply more information. The surveyor “must immediately comply with the notice”. Surveyors must also observe special directions from the Commissioner and Registrar of Titles. Immediate compliance is a clear statutory duty; the regulation does not, however, specify the sanction for non‑compliance in the Regulations themselves.

2. Rejection of substandard plans (reg 43)

• Regulation 43 gives WALIA (implicitly through its officers) the discretion to reject plans and diagrams “below the Western Australian Land Information Authority’s standard in plotting or draftsmanship”. Rejection prevents a plan from being deposited or used for title dealings until remedied. Rejection is a practical enforcement tool because it blocks the legal and commercial outcomes the surveyor and client seek.

3. Lodgment and custody (reg 8)

• The obligation to lodge the field record with WALIA (reg 8(1)) gives WALIA control over whether the supporting documentation for a survey is present in the official file. Failure to lodge may result in WALIA not accepting or acting on a survey. The Regulations do not state a penalty but the administrative consequence is denial of acceptance.

4. Reporting obligations on removal of old marks (reg 28)

• If the surveyor removes original survey marks when performing a new survey, they must report such removal to the Inspector of Plans and Surveys (reg 28). Again, the regulation prescribes reporting but does not attach specific fines.

Enforcement beyond the Regulations

1. Licensing and professional discipline under other Acts

• The Regulations are deployed within the licensing framework established by the Transfer of Land Act 1893 and the Licensed Surveyors Act 1909. While the Regulations do not themselves set out disciplinary or penalty regimes, licensed surveyors are subject to the licensing Acts and to professional discipline, which may include penalties, suspension or cancellation of licence for misconduct or failure to comply with statutory duties. The Regulations repeatedly direct compliance with the Transfer of Land Act (reg 1B) and rely on licensing; any formal sanctions for non‑compliance (such as disciplinary action against a licence) will be found in those Acts rather than these Regulations.

2. Administrative refusal and transactional consequences

• The principal practical sanction is WALIA refusing to accept or deposit a plan or field record until standards are met (reg 43; reg 8). That refusal impedes dealings, sale or financing dependent on registered title, creating commercial pressure to comply.

3. Civil liability risk

• The Regulations’ “duty to the Government” (reg 2) and the detailed field record and verification obligations create potential civil liability exposure for surveyors for negligent surveys or omission to disclose discrepancies. The Regulations themselves do not specify civil remedies, but surveyors remain potentially civilly liable under common law and other statutory duties where their work falls below required standards. The text of the Regulations establishes the standard to which surveyors are expected to conform.

4. Interaction with criminal law (absent specific penal provisions)

• Because the Regulations do not themselves create express criminal offences or prescribe fines, any criminal enforcement would rely on other statutes or general criminal law (for example, if falsification were involved). The Regulations do not prescribe such mechanisms directly.

Practical enforcement dynamics and compliance incentives

• Blocking acceptance: WALIA’s power to reject substandard plans (reg 43) is the principal practical enforcement mechanism. Because title dealings depend on depositable plans, the economic incentive to correct defects is immediate for clients and surveyors.

• Inspector oversight and iterative correction: Regulation 5’s immediate compliance requirement gives the Inspector operational control to iteratively require amendments and further information, creating a process control that enforces standards before deposition.

• Licensing consequences external to these Regulations: While not stated here, the linkage to licensing statutes (reg 1B; reg 1A) means surveyors operate under the threat of external disciplinary sanctions for repeated or serious non‑compliance.

• Administrative reporting requirements: The requirement to report removal or obliteration of marks (reg 28) signals administrative visibility of on‑ground changes; WALIA can audit and follow up.

In short, enforcement is mainly administrative and professional rather than penal in a monetary or criminal sense within these Regulations. Non‑compliance results in rejection of plans, requirements to remedy surveys on notice, and exposure to licensing discipline and civil liability under other laws. These are the explicit enforcement mechanisms that flow from the Regulations themselves (regs 5, 8, 28, 43) combined with the institutional context created by the Transfer of Land Act and the licensed surveyor framework.

The Regulations are cross‑referenced into and intended to operate alongside several Acts and a companion regulatory instrument. The text itself makes explicit cross‑references; these govern the scope, authority and application of the Regulations.

Primary Acts and instruments referenced in the Regulations

1. Transfer of Land Act 1893 (enabling context)

• The Regulations are made under and in relation to the Transfer of Land Act 1893. Regulation 1B requires that surveys be made by a licensed surveyor entitled to practise under the Transfer of Land Act 1893 and that plans be in strict accordance with the Regulations. The Transfer of Land Act supplies the licensing architecture and the legal significance of deposited plans; the Regulations supply the technical content that will be accepted under that Act.

2. Licensed Surveyors Act 1909

• The Regulations’ title and context link to the Licensed Surveyors Act 1909. The Regulations refer to “licensed surveyor” as the regulated professional; the Licensed Surveyors Act is the statutory source for licensing and discipline, even though the Regulations do not set out disciplinary procedures.

3. Land Information Authority Act 2006

• Regulation 1A defines the Western Australian Land Information Authority as the body established by the Land Information Authority Act 2006 section 5 and uses the WALIA as the lodgment and approval authority for surveys and field records. The Regulations therefore sit under WALIA’s organisational responsibility created by that Act.

4. Licensed Surveyors (Guidance of Surveyors) Regulations 1961 (the general regulations)

• The Regulations explicitly define “general regulations” to mean the Licensed Surveyors (Guidance of Surveyors) Regulations 1961 (reg 1A) and cross‑refer repeatedly to those general regulations for methods and exceptions (reg 8(3) references regulation 55B of the general regulations; reg 1A and multiple other cross‑references). Many technical methods , trenching, referencing and other detailed procedures , are delegated to that companion instrument.

5. Land Administration Act 1997 and Mining Act 1978 (records and searches)

• Regulation 4(3) defines “the relevant bodies” for pre‑survey searches to include the department principally assisting with the Land Administration Act 1997 and the department principally assisting with the Mining Act 1978, together with WALIA. This cross‑reference requires surveyors to consult other public registers and for those departments to provide assistance (reg 4(2)).

Forms of interaction and consequences

1. Licensing, professional discipline and civil liability

• The Regulations operate within a licensing regime under the Transfer of Land Act 1893 and the Licensed Surveyors Act 1909. Failures to comply with the Regulations are not necessarily criminally sanctioned by the Regulations themselves but may expose a surveyor to disciplinary action, licence suspension or civil liability under the other Acts or general law; the Regulations set the technical standard against which conduct may be assessed.

2. Administrative gatekeeping by WALIA created by the Land Information Authority Act 2006

• WALIA’s powers to accept or reject plans derive from its statutory role. The Regulations fit into WALIA’s acceptance criteria (reg 43). Where WALIA refuses a plan under reg 43, the immediate legal and transactional consequence is administrative, but the refusal will rely on the statutory authority and on the Regulations themselves.

3. Dependence on the general regulations for methods and exceptions

• The Regulations frequently cross‑refer to the general regulations for detailed methodology and exceptions (reg 8(3); reg 1A defines “general regulations”). Surveyors therefore must consult both these Regulations and the general regulations to ensure compliance. Changes in the general regulations will affect how several obligations in these Regulations are implemented.

4. Interaction with cadastral certainty and property law

• By defining the required field record content, verification of old marks and drafting standards, the Regulations provide the technical foundation for WALIA’s land title records under the Torrens system as implemented under the Transfer of Land Act 1893. The Regulations therefore influence how title boundaries are recorded and may influence disputes over boundary location, re‑establishment and quantity claims by adjoining owners.

5. Administrative cooperation with other departments

• Regulation 4 obliges the relevant bodies to give surveyors assistance in referring to certificates of title, field records, plans, diagrams and other documents. This creates an administrative network where pre‑survey searches and the supply of existing records are part of compliance.

Limitations and silent interactions

• The Regulations do not exhaustively set out disciplinary or penal procedures; these rely on the enabling Acts. Nor do they specify how WALIA’s rejection decisions are internally appealed; procedures for review or appeal are not contained within this text. Any rights to administrative review or judicial review of WALIA’s decisions will be found in other legislation or in the general law.

• The Regulations also reference “Authorised Surveys” and exceptions (reg 8(3)), but the operational scope for these exceptions is controlled by the general regulations. Practitioners must therefore treat these Regulations as one part of a multi‑instrument compliance environment comprising the Transfer of Land Act, the Licensed Surveyors Act, the Land Information Authority Act and the Licensed Surveyors (Guidance of Surveyors) Regulations.

In summary, the Regulations integrate technical survey standards with WALIA’s administrative gatekeeping, while relying on licensing and other Acts to supply enforcement and disciplinary mechanisms. Practitioners must consult the companion general regulations and the enabling Acts to understand the full compliance and enforcement architecture (see reg 1A, reg 4(3), reg 8(3), reg 1B).

The compiled instrument records multiple amendments spanning from its original publication in 1961 to later changes. The Regulations have been reissued and amended over time; the compilation table in the document sets out the principal amendment milestones and commencement dates. The following is a source‑grounded chronology pulling directly from the compilation table and embedded amendment notes.

Foundational publications and early reprints

• Original publication: Untitled initial regulations published 28 November 1961, with commencement 1 January 1962 (Compilation table entry: “Untitled 1” 28 Nov 1961 p. 3289‑95; commencement 1 Jan 1962).

• Subsequent Gazette entries: 27 August 1969 p. 2475 (relevant to reg 41 amendment on that date).

• Reprint as at 22 February 1971: A reprint of the Regulations for the Guidance of Surveyors practising under the Transfer of Land Act 1893 appears in the Gazette 4 March 1971 p. 627‑35 and includes earlier amendments.

Key amendment instruments and dates

• 1 September 1972 (Gazette 1 Sep 1972 p. 3410): Multiple regulations were amended on this date (the compilation table records a Gazette entry and several deleted or amended regulations list that date for deletions and insertions, e.g., regs 13, 14 deleted; reg 15 amended).

• 5 August 1983 (Gazette 5 Aug 1983 p. 2843): The Licensed Surveyors (Transfer of Land Act 1893) Amendment Regulations 1983 were published and the citation note for regulation 1 was updated.

• 26 September 1986 (Gazette 26 Sep 1986 p. 3706‑7): Licensed Surveyors (Transfer of Land Act 1893) Amendment Regulations 1986. Several amendments were made effective 19 January 1987 (see note: commencement 19 Jan 1987). These amendments affected definitions and field note provisions (reg 7, reg 8 etc. list this amendment).

• 11 September 1992 (Gazette 11 Sep 1992 p. 4607): Licensed Surveyors (Transfer of Land Act 1893) Amendment Regulations 1992; several deletions and updates recorded as effective that date.

• 4 April 1997 (Gazette 4 Apr 1997 p. 1757‑67): Licensed Surveyors Amendment Regulations 1997 Pt. 4 , entry appears in compilation table with commencement 5 April 1997. This amendment added regulation 4 (searches prior to survey) and amended reg 1B and other provisions (see amendment notes attached to regs 1B, 4, 7, 8, 12, 21, 28).

• 5 September 2000 (Gazette 5 Sep 2000 p. 5061‑3): Licensed Surveyors (Transfer of Land Act 1893) Amendment Regulations 2000. This amendment introduced new provisions such as reg 23 (re‑defining road corners), introduced notation abbreviations (reg 51 inserted: Gazette 5 Sep 2000 p. 5062‑3), and resulted in deletions and insertions across the text.

• 29 December 2006 (Gazette 29 Dec 2006 p. 5900‑3): Licensed Surveyors (Transfer of Land Act 1893) Amendment Regulations 2006, commencement 1 January 2007. This amendment updated references to the Western Australian Land Information Authority (note reg 1A amendment) and adjusted drafting standards (reg 43 amended: Gazette 29 Dec 2006 p. 5903).

• 31 August / 1 September 2021 (SL 2021/153): Licensed Surveyors (Transfer of Land Act 1893) Amendment Regulations 2021 published as SL 2021/153 31 Aug 2021. The instrument’s r. 1 and r. 2 commenced 31 Aug 2021; other regulations commenced 1 Sep 2021 (see compilation table note: r. 1 and 2: 31 Aug 2021; other regulations: 1 Sep 2021). Several deletions and amendments are attributed to this instrument (e.g., regs 1A amendments; reg 7 amendment; regs 8, 10, 12, 21, 23, 27, 37, 43 and others updated per in‑text amendment notes).

Deletions and reorganisation

• The document shows numerous provisions deleted at various amendment dates. Examples include regs 6, 13, 14, 16, 17, 29, 34, 35, 38-40, 42, 44-47, 50, 52-54, 56-58, 60, 61, 62. The compilation table entries and in‑text “[Deleted: Gazette ...]” notes indicate those deletions occurred at different amendment dates (see multiple in‑text deleted notes and the compilation table).

Reprints

• Reprints of the Regulations are recorded in the compilation table: reprints as at 22 Feb 1971, 3 Feb 1986, 15 Feb 2002, each incorporating amendments up to that date.

How the amendments matter for practitioners

• Definitions and institutional references have been updated over time, notably the definition of the Western Australian Land Information Authority being tied to s. 5 of the Land Information Authority Act 2006 (reg 1A amendments cited 29 Dec 2006 and SL 2021/153 r. 4). Practitioners must be attentive to amendments changing the custodian agency name and the role of the Inspector of Plans and Surveys.

• Substantive technical additions occurred in 2000 (reg 23 on road corner re‑definition, reg 51 abbreviations, reg 55 amended), and 1997 (pre‑survey searches and cooperation with relevant bodies, reg 4). The 2021 amendments effected deletions and modernising changes, reflected by multiple in‑text “SL 2021/153” notes.

• Many operational provisions were consolidated or removed over time; the in‑text deleted notes indicate prior versions contained more extensive provisions that have been pared back or migrated to the general regulations.

Source grounding

• The compilation table in the Regulations (under “Notes”) supplies the amendment dates and Gazette citations. Individual in‑text amendment notes adjacent to each regulation record the specific Gazette or statutory instrument that amended that regulation. Practitioners should consult the Gazette notices and reprints cited in the compilation table for original amendment instruments and precise transitional details where needed.

In sum, the Regulations have been amended repeatedly since 1961, with several clusters of technical updates in 1972, 1983, 1986, 1992, 1997, 2000, 2006 and 2021. The compilation table and the in‑text amendment annotations are the authoritative map to those changes (see “Compilation table” and the in‑text amendment notes following each regulation).

The Regulations as compiled do not include or cite any judicial decisions, appeals or litigation expressly connected to their interpretation. The text names no cases and the compilation table and “Other notes” section do not record litigation. Consequently, this instrument‑level compilation contains no litigation history.

What this means in practice

• Absence of cases in the compiled text does not imply that litigation has not occurred in relation to survey practice, boundary disputes or WALIA decisions; it only reflects that the current regulation compilation does not list or summarise any judicial consideration. If a practitioner requires precedent on how courts have interpreted specific obligations (for example, reg 2’s public duty to disclose discrepancies, or the legal significance of a failure to lodge field records under reg 8), they must search case law databases and statutory materials external to this compilation.

• The Regulations’ standards (field records, marking, drafting conventions) will have evidentiary force in disputes over boundary or title. Where litigation exists, courts will commonly examine whether surveyors complied with prevailing regulations at the time of survey. Because the Regulations change over time (see Amendment history), a litigant will need to determine which version applied at the time of the survey in question.

• Administrative decisions by WALIA to reject plans or require amendments under reg 5 or reg 43 could, in principle, give rise to reviewable administrative decisions. The Regulations do not set out internal appeal processes; any challenge to a WALIA decision would proceed through the administrative review routes and judicial review under general administrative law, or under appeal mechanisms provided elsewhere in statutory law. Again, no decisions are cited in this compiled instrument.

Practical next steps for practitioners seeking litigation materials

• To locate case law interpreting or applying these Regulations, search legal databases for cases referencing the Transfer of Land Act 1893, the Licensed Surveyors Act 1909, or WALIA decisions, and include specific regulation numbers (e.g., reg 2, reg 8, reg 23, reg 43) as search terms. Consult WALIA administrative determinations and any disciplinary records under the licensing Acts. The compiled Regulations themselves do not provide such materials.

In short, the compiled Regulations contain no litigation history; practitioners must look beyond this instrument into case law and administrative records to find judicial or tribunal engagement with the regulations’ provisions.

The Regulations prescribe numerous precise technical and documentary requirements. Several features are liable to cause inadvertent non‑compliance, operational friction, or hidden costs if not anticipated. The following are concrete pitfalls drawn from the text.

1. Duty to the Government may conflict with client instructions (reg 2)

• Regulation 2 instructs that the surveyor “must consider himself rather an agent and adviser of the Government than of the person employing him” and to disclose all doubts, discrepancies and difficulties affecting the title. Practically, surveyors may face client pressure to omit or downplay issues, but reg 2 requires full disclosure. The compliance cost here is potential client friction, reputational risk, or commercial loss, and the administrative consequence could be WALIA refusal to accept a plan if non‑disclosure is discovered.

2. Obligation to lodge field records , exceptions are limited and conditional (reg 8)

• The field record must be lodged with WALIA (reg 8(1)), subject only to subregulation (3) which references regulation 55B of the general regulations. Surveyors who assume field records do not need to be lodged should check the general regulations carefully; the exception is narrow. Failure to lodge deprives WALIA and third parties of key evidence and can result in plans being unaccepted.

3. Strict numbering rules and the need to check historical allocations (reg 12)

• Subdivision numbering must be consecutive from one upwards and avoid duplication within a location unless special permission is obtained from the Inspector (reg 12). Practically, surveyors must check the WALIA records and any prior numbering in a location before assigning numbers. Failing to do so may require renumbering and resubmission.

4. Offsets and “calculated” labelling nuance (regs 20, 55)

• Regulation 55 sets a technical threshold: where offsets from a run line are 4 metres or greater, distances along the offset boundary must be shown as calculated (cal.); where offset distances are less than 4 metres, the true boundary is treated as the run line and angles are treated as true. This 4‑metre threshold is a potential source of drafting or notation error. Surveyors must ensure consistent application to avoid WALIA rejection (reg 43).

5. Removal of original marks must be reported (reg 28)

• When an old survey is superseded, old posts and marks must be removed or obliterated, and the surveyor removing original marks must report the removal to the Inspector (reg 28). Failure to report can create administrative non‑compliance and may impede future reinstatement efforts.

6. Re‑definition of road corners requires specific referencing and may require placing additional marks (reg 23)

• Reg 23 sets specific steps for re‑marking road corners, including connecting to two or more reference marks, placing two additional reference marks if only two or less exist, and connecting to buildings/permanent marks within 20 metres. Reinstatement work therefore can require extra labour and materials in areas where historic marks are scarce.

7. Drafting standards and the risk of rejection (regs 41, 43)

• Plans must be drawn in waterproof ink and be of sufficient strength for photo reproduction (reg 41). The WALIA may reject plans below its plotting or draftsmanship standard (reg 43). The practical risk is having plans rejected on quality grounds even when geometric measurements are accurate; attention to drafting standards and use of appropriate drafting equipment or outsourced drafting is required.

8. Abbreviations and symbol conventions are prescriptive (reg 51)

• Regulation 51 prescribes exact abbreviations for old marks (O.M., O.M.R., M.F., M.F.R., etc.) and requires annotation of any variation from a standard centred mark. Inconsistent labelling can prompt requests for clarification or rejection. Practitioners must apply the exact abbreviations.

9. Area presentation rules (reg 59)

• Areas below 10,000 m2 must be shown in square metres to the nearest square metre; areas of 10,000 m2 and greater must be shown in hectares to four decimal places, with trailing zeros omitted as specified (reg 59). Misformatting area figures can lead to clerical queries and delays.

10. Reliance on “general regulations” for methods and exceptions (multiple cross‑references)

• Several rules refer to or depend on the general regulations (e.g., reg 1A definition; reg 8(3) referencing general reg 55B; refences to general regs in marking and trenching). Surveyors who consult only these Regulations risk missing procedural rules, exceptions and methods contained in the companion general regulations. Practitioners must read both instruments together.

11. Deleted provisions and historical practice

• The in‑text notes show many deleted provisions. Surveyors who are guided by older practice notes or checklists should ensure they are not relying on repealed provisions. The compilation table indicates reprints and amendments; practitioners must check the current consolidated version.

12. Administrative discretion , “may be rejected” and “special permission”

• WALIA’s discretion to reject plans (reg 43) and the availability of special permission from the Inspector to duplicate numbers (reg 12) mean that compliance is not purely prescriptive; administrative discretion is exercised. Practitioners must understand and manage that discretion (e.g., seek advance guidance from the Inspector where numbering or marking situations are unusual).

13. Substitute marks and obstructions (reg 33)

• When pegs cannot be placed, the Regulations require an iron spike not less than 0.4 m in length and not less than 0.010 m in diameter, or a broad arrow cut into an obstruction, with walls preferred to footpaths. Practically, use of substitute marks may affect ease of later reinstatement and interactions with property owners (e.g., cutting into a wall).

14. Immediate compliance language (reg 5)

• The obligation to “immediately comply” with notices under reg 5 can generate urgent workload and turnaround expectations. Surveyors should maintain time buffers to respond to WALIA requests.

Each of these “gotchas” is directly traceable to the stated regulation citations. Practitioners should incorporate them into project planning, client quotes and quality assurance procedures to avoid rework, rejected plans and administrative delays.

This section provides a practical compliance checklist and implementation notes drawn directly from the Regulations. It is designed for licensed surveyors and firms preparing surveys, re‑surveys or subdivisions for WALIA dealings. Each step cites the controlling regulation.

Pre‑survey preparation

1. Confirm licence status and legal entitlement to practise (reg 1B, reg 1A)

• Ensure the individual undertaking the survey is a licensed surveyor entitled to practise under the Transfer of Land Act 1893. WALIA will only accept plans from such licensed surveyors (reg 1B).

2. Conduct formal searches with relevant bodies (reg 4(1)-(3))

• Before commencing the survey, obtain all available information about the land from the relevant bodies: the department principally assisting the Land Administration Act 1997, the department principally assisting the Mining Act 1978, and WALIA (reg 4(3)). Record communications and ensure assistance was requested and any retrieved documents are filed. Officers of those bodies must provide assistance (reg 4(2)).

Field record and on‑site practice

3. Keep full field records and lodge them with WALIA (reg 7, reg 8)

• Record everything observed or done on the ground: angles, bearings, distances, old marks tied on to or replaced, offsets, position of fences, buildings, walls, roads, rights‑of‑way, subdivisions, and other relevant items (reg 8(1)). Include a sketch of the exterior boundaries when possible (reg 7). If the land is subdivided, record the area of each allotment (regs 8(1), 11). Prepare to lodge the field record with WALIA unless an exception in the general regulations applies (reg 8(3)).

4. Locate and record improvements within one metre of boundaries (reg 8(2))

• Identify and note all improvements within one metre of the boundary, including walls. If a wall is on or along the boundary, record its exact position and width and use the phrases “two walls”, “party wall”, or “no party wall” as appropriate (reg 8(1)).

5. Show positions of posts and peg centres and outer edges (reg 9)

• Include sketches in the field notes showing the position of each post and peg centre or outer edge relative to the boundary alignment (reg 9). Annotate any variation from standard centred marks using the required abbreviations on the plan (reg 51).

6. Verify and record old marks (reg 21)

• Before adopting a mark, verify its position against the deposited plan held by WALIA where possible and record verification sources such as reference trees, pegs, spikes, walls or other marks in the field notes (reg 21).

7. Numbering of allotments (reg 12)

• Assign consecutive numbers starting at one for each subdivision. Do not use sectional or alphabetical numbering. Check WALIA records for any previously allocated numbers in the location and start with the next highest number. Avoid duplicating numbers within a location unless you have special permission from the Inspector of Plans and Surveys (reg 12).

Marking, reference and substitute marks

8. Follow re‑definition and referencing rules for road corners (reg 23)

• When re‑marking a road or street corner, connect the corner to at least two reference marks nearby if possible, renovate decayed corner marks, add two additional reference marks when only two or fewer exist, and connect to buildings or permanent marks within 20 m by sufficient measurements. Record azimuth and distance connections to added reference marks (reg 23).

9. Adopt substitute mark protocol where pegs cannot be used (reg 33)

• Use an iron spike at least 0.4 m long and 0.010 m in diameter, or cut a broad arrow into the obstruction if a peg or spike cannot be placed. Prefer wall markings to footpath markings (reg 33).

10. Pegs and faced‑peg requirements (regs 36-37)

• Drive a tack into the centre of the top of each peg and ensure pegs are placed in the true alignment of the street, road, lane, or right‑of‑way (reg 36). Be careful not to alter alignments where outer faces of pegs indicate the correct alignment (reg 37).

Calculations, offsets and areas

11. Observe offset handling and notation rules (regs 20, 55)

• If actual boundary measurement is impossible and offsets are used, record offset methods in the field notes (reg 20). Apply reg 55’s rule: if offset distances are 4 metres or greater, label distances along that boundary as calculated (cal.); if less than 4 metres, treat the run line as true and the angles as true (reg 55).

12. Calculate irregular lot areas by double longitudes where required (reg 22)

• For blocks that are not rectangles, compute areas by double longitudes and be prepared to supply particulars when requested by the Inspector of Plans and Surveys (reg 22).

13. Present area figures exactly as required (reg 59)

• For areas under 10,000 m2 show square metres to the nearest square metre (e.g., 9475 m2). For areas 10,000 m2 and greater show hectares to four decimal places (e.g., 9.4753 ha), and do not show trailing zeros to the right of the decimal marker (reg 59).

Drafting and plan submission

14. Ensure drafting meets WALIA’s reproduction standards (reg 41)

• Draw plans in a recognised waterproof ink and ensure lines are of sufficient strength for photographic reproduction by microfilm methods (reg 41). Use appropriate materials and reproduction‑quality drafting methods.

15. Label roads, reserves and street names (regs 15, 48, 49)

• On the field notes, record the name of every public street and road adjoining the land and any private street name and width (reg 15). On the plan or diagram, distinctly delineate roads, streets, passages, reserves, permanent drains, allotments and show distinctive numbers, areas and dimensions (reg 48). Do not show width of a public street unless it was accurately measured in the course of the survey (reg 49).

16. Use the prescribed abbreviations and mark notations (reg 51)

• Apply the abbreviations for old marks and replacements precisely (e.g., “O.M.”, “O.M.R.”, “M.F.”, “M.F.R.”, “O.M.G.”, “M.G.”, etc.) and annotate any variation from standard centred marks (reg 51).

17. Seek clarification and advance permission where exceptional circumstances arise (reg 12, reg 5)

• If numbering duplication would occur, seek special permission from the Inspector of Plans and Surveys (reg 12). If the Inspector or the Commissioner asks for amendments or additional information, comply immediately and use the opportunity to confirm any technical doubts (reg 5).

Operational risk management

18. Keep contemporaneous documentation and communication logs

• Maintain an auditable trail of searches undertaken with relevant bodies (reg 4), field note lodgments (reg 8), verification steps of old marks (reg 21), and any notices received from WALIA (reg 5). This will support compliance and defence if a dispute arises.

19. Plan for additional marking time and materials

• Where re‑instatement requires additional reference marks, spikes or substitute marks, include time and material allowances in project budgets. For rural locations exceeding 4 hectares, ensure referencing complies with general regulations as referenced (reg 30).

20. Quality control for draftsmanship

• Implement internal QA to ensure drafting meets WALIA’s plotting and draftsmanship standards to avoid rejection (reg 43). Consider professional draughting or CAD reproduction controls and check submission against reg 41 and reg 48 requirements.

21. Understand dependencies on the general regulations and enabling Acts (reg 1A)

• Always consult the Licensed Surveyors (Guidance of Surveyors) Regulations 1961 and relevant sections of the Transfer of Land Act 1893 and Land Information Authority Act 2006 for methods, exceptions and enforcement context referenced by these Regulations (reg 1A; reg 8(3)).

22. Address adjoining owner concerns proactively (reg 3)

• When deed descriptions differ, proactively show whether sufficient land remains for adjoining owners under the “most liberal interpretation” of their rights (reg 3). This reduces later disputes and accelerates WALIA acceptance.

23. Report removal or obliteration of old marks (reg 28)

• If you remove or obliterate marks as part of a superseding survey, report that removal to the Inspector of Plans and Surveys immediately as required (reg 28).

24. Keep current on amendments

• The Regulations have been amended several times (see compilation table). Maintain subscription to WALIA/Government Gazettes or consult the WALIA for the current consolidated version.

If followed, these steps map the Regulations’ prescriptive requirements into a coherent compliance workflow: licence confirmation, pre‑survey records searches, rigorous field notes and verification, precise marking and substitution rules, formalised drafting standards and timely compliance with WALIA notices. Each step references the controlling regulation to support defensible practice and efficient plan acceptance.