Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961

The instrument is organised around several recurring regulatory concepts: who may act as surveyor; duties of disclosure; pre‑survey information gathering; the field record as primary documentary evidence; physical marking practice; drafting and presentation standards for plans and diagrams; and administrative control exercised by the Authority and its Inspector.

Who may act: A “surveyor” is defined in regulation 1A as a licensed surveyor entitled to practise under the Transfer of Land Act 1893. The opening operative provision (regulation 1B) ties the right to conduct surveys for Authority dealings to that licensing status and to strict compliance with these regulations.

Duties and role: Regulation 2 frames the surveyor’s role as “agent and adviser of the Government” for accuracy and completeness of certificates of title. This imposes a duty to disclose all doubts, discrepancies and relevant information. Regulation 3 extends the duty to demonstrate (when practicable) that adjoining owners retain their entitlements if the surveyed land differs from deeds.

Information gathering: Regulation 4 requires that before making a survey, the surveyor obtain all available information from designated “relevant bodies” (the department principally assisting land administration, the department principally assisting mining administration, and the Western Australian Land Information Authority). The regulation further obliges those bodies to give assistance to refer to titles, field records, plans and diagrams.

Field record as evidentiary source: The field record is a central concept. Regulation 8 requires lodging the field record with the Authority (subject to an exception that refers to the general regulations). The field record must “show everything that the surveyor does or finds to exist on the ground” including angles, bearings, distances, old marks, offsets, fences, buildings, walls, roads, rights‑of‑way and subdivisions; improvements within one metre of the boundary must be located (regulation 8(1)‑(2)). Regulation 7 requires a boundary sketch where possible. The field record must also record areas (regulation 11), numbering (regulation 12) and street names (regulation 15).

Marking practice: Physical marking and referencing rules are detailed. Centred and faced pegs must be sketched in the field notes (regulation 9). Substitute marks standards include an iron spike minimum size where a peg cannot be used, or cutting a broad arrow into an obstruction where neither peg nor spike can be placed (regulation 33). Each peg must have a tack in the centre of its top (regulation 36), and surveyors must take care not to alter alignment where outer faces of pegs are on the true alignment (regulation 37).

Drafting and presentation: Plans and diagrams must be produced to a reproducible standard, using waterproof ink and sufficient strength for microfilm reproduction (regulation 41). The Western Australian Land Information Authority may reject plans below its plotting or draftsmanship standard (regulation 43). The regulations require that roads, reserves and allotments be distinctly delineated, with names and widths of streets or private roads shown where applicable (regulations 48‑49). Abbreviations for old and adjusted marks are specified (regulation 51). Area presentation rules prescribe units and decimal precision (regulation 59).

Administrative control and compliance mechanics: The Inspector of Plans and Surveys is defined as a licensed surveyor on the staff of the Authority appointed by the Governor to approve plans of authorised surveys (regulation 1A). Surveyors must comply immediately with notices from the Inspector to amend or supply more information (regulation 5). The instrument also cross‑references general regulations for additional technical or procedural requirements (regulation 1A and multiple specific cross‑references), indicating a layered regulatory framework.

Inter‑temporal and technical constraints: Several provisions require adherence to original Crown alignments except as provided in general regulation 23 (regulation 24), and require connecting to at least two corners of a location or previous survey when surveying part of a location (regulation 26). Re‑defining road corners demands connections to reference marks and placing additional reference marks if necessary (regulation 23). Where previous surveys are superseded, old marks must be obliterated and removal reported to the Inspector (regulation 28). These rules preserve continuity in the cadastral fabric and impose constraints on how new surveys may alter older ones.

Collectively, the main concepts create a compliance regime that controls who does surveys, what records they produce, how marks are made and documented, and how the Authority exercises quality control over plans to be deposited in the title system.

Primary regulated actors

• Licensed surveyors: the regulations directly regulate survey practice. Only a “surveyor” as defined (a licensed surveyor entitled to practise under the Transfer of Land Act 1893) may carry out surveys used in Authority dealings (regulations 1A, 1B). Surveyors bear the central compliance burden: conducting searches, creating and lodging field records, making marks and preparing plans to the Authority’s standard (regulations 4, 8, 9, 33, 36, 41, 43).
• The Inspector of Plans and Surveys and the Western Australian Land Information Authority: the Inspector (an appointed licensed surveyor on the Authority’s staff) approves plans and issues notices requiring amendments or additional information; the Authority receives lodged field records and may reject inadequate plans (regulation 1A; regulations 5 and 43).

Interested third parties and administrative participants

• Applicants and employers of surveyors (developers, landowners, conveyancers): they procure and pay for surveys. Nevertheless, regulation 2 explicitly requires the surveyor to act as an agent and adviser of the Government for matters affecting title accuracy, not solely of the employer, which can change the allocation of informational duties and potential client expectations (regulation 2).
• Adjoining owners: regulation 3 requires the surveyor, where land differs from deeds, to show whether there is sufficient land left to supply adjoining owners under a liberal interpretation of their rights. That requirement affects adjoining landholders’ capacity to monitor and challenge boundary adjustments.
• Government departments and record holders: the “relevant bodies” defined in regulation 4 include (a) the department principally assisting in administration of the Land Administration Act 1997, (b) the department principally assisting the Mining Act 1978 and (c) the Western Australian Land Information Authority. These bodies must assist surveyors by providing access to certificates of title, field records, plans and diagrams (regulation 4).
• Registrars and the Commissioner of Titles: these officers provide special directions which surveyors must observe and comply with; they exercise administrative discretion over plan acceptance and instructions (regulation 5).
• Title users and registrants: anyone relying on the Authority’s registered plans and certificates of title benefits from the intended standardisation and record accuracy embedded in these rules. The standards for depositional plans (drafting, marking and content) influence the quality of the public land record (regulations 41, 48, 59).

Distribution of compliance costs and decision rights

• Surveyors pay the operational and compliance costs: time spent on searches (regulation 4), detailed field records and sketches (regulations 7-12), marking and referencing (regs 23, 30‑37), and drafting to Authority standards (regs 41, 43). They also bear procedural risk from Inspector notices and plan rejections (regulations 5 and 43).
• Employers and developers pay for surveyor services and may face delays and additional cost if surveys require amendment following the Inspector’s notice or plan rejection (regulations 5, 43).
• The Authority and the Inspector exercise decision rights: they approve or reject plans, require amendments and set special directions (regulation 1A; regulation 5; regulation 43).

Indirect effects

• Conveyancers, title insurers, financiers and prospective purchasers are indirectly affected because the regulations affect the content, reproducibility and reliability of deposited plans and field records that underpin titles.
• Mining tenure and other statutory interests may be impacted by search obligations and interactions with the departments administering the Mining Act 1978 and Land Administration Act 1997 (regulation 4).

In short, the regulatory burden falls primarily on licensed surveyors and their clients, while the Western Australian Land Information Authority and the Inspector retain powers to approve, require amendments and reject non‑conforming submissions. The regulations also reallocate certain professional duties toward protecting the public title record and adjoining owners’ interests.

Duties explicitly imposed on surveyors

• Licensing requirement: to carry out surveys used by the Authority a practitioner must be a licensed surveyor entitled to practise under the Transfer of Land Act 1893; the survey must conform strictly to these regulations (regulation 1B).
• Duty to the Government: surveyors must disclose all doubts, discrepancies and difficulties and provide all obtainable information relative to the property that may aid accuracy of the certificate of title; surveyors are to consider themselves agents and advisers of the Government in these matters and not allow employer interests to excuse withholding information (regulation 2).
• Duty to adjoining owners: when surveyed land differs from deeds the survey must, where practicable, show whether there is sufficient land for adjoining owners under the most liberal interpretation of their rights (regulation 3).
• Pre‑survey searches and information gathering: before making a survey, surveyors must obtain all available information from the “relevant bodies” (regulation 4(1)). The relevant bodies must give assistance in enabling the surveyor to refer to certificates of title, field records, plans or diagrams (regulation 4(2)).
• Immediate compliance with notices: on receipt of a notice from the Inspector to amend a survey or supply more information, the surveyor must immediately comply; surveyors must also observe any special directions from the Commissioner, Registrar of Titles or Inspector (regulation 5).
• Comprehensive field records: the field record must show everything the surveyor does or finds to exist on the ground including angles, bearings, distances, old marks, offsets, fences, buildings, walls, roads, rights‑of‑way and subdivisions; improvements within one metre of the boundary must be located; areas and allotment numbering are required (regulation 8).
• Marking and referencing obligations: surveyors must reference and re‑mark corners appropriately, place reference marks when re‑defining road corners and provide azimuth and distance connections where necessary; obsolete marks must be obliterated and removals reported (regulations 23, 28, 30‑33).
• Drafting standards: plans and diagrams must be drawn in recognised waterproof ink and be of sufficient strength for microfilm reproduction; the Authority may reject plans below its plotting or draftsmanship standard (regulations 41, 43). Plans must show roads, reserves and allotments distinctively, and area formats must follow regulation 59.

Rights, discretions and administrative powers

• Inspection and approval: the Inspector of Plans and Surveys, appointed by the Governor on the Authority’s staff, has the authority to approve plans of authorised surveys and to require amendments (definition in regulation 1A; regulation 5).
• Plan acceptance or rejection: the Western Australian Land Information Authority retains discretion to reject plans which do not meet plotting or draftsmanship standards (regulation 43).
• Exceptions for lodging field records: a limited exception allows a field record not to be lodged where the survey is an “authorised survey” under the Act, subject to conditions in the general regulations (regulation 8(3) and cross‑reference to section 3(1) of the Act and general regulation 55B).
• Special directions: the Commissioner, Registrar of Titles or Inspector can issue special directions which surveyors must follow (regulation 5).

Procedural and technical constraints

• Consistency with Crown alignment: original alignments of Crown surveys must be adhered to except as provided in general regulation 23 (regulation 24). This limits the surveyor’s discretion to alter historical alignments.
• Numbering protocol: allotments must be numbered consecutively from one upwards; sectional or alphabetical numbering is not permitted; duplication across a location is prohibited except by special permission from the Inspector (regulation 12). This constrains numbering schemes and requires prior checks with the Authority.
• Handling of offsets and calculations: where offsets of 4 metres or greater are used, boundary distances shall be shown as calculated; where offsets are less than 4 metres the run line is treated as true and angles as true, not calculated (regulation 55). This sets precise thresholds for how measurements are to be treated in computations.
• Marking substitutes and minimum sizes: if a peg cannot be put in, an iron spike not less than 0.4 m in length and 0.010 m in diameter must be used; if neither can be placed, a broad arrow must be cut into the obstruction (regulation 33).

Recordkeeping and reporting obligations

• Field records must generally be lodged with the Authority and must contain specific elements (regulation 8).
• If original survey marks are removed when a new survey supersedes an old one, the surveyor must report such removal to the Inspector (regulation 28).

What is not stated in these regulations

• The instrument sets duties, standards and procedures but does not, within the text provided, specify monetary penalties or criminal offences for non‑compliance. Administrative remedies are signalled (rejection, requirement to amend), and other sanctions may exist under the Transfer of Land Act 1893, the Licensed Surveyors Act 1909 or general regulations, but those are not set out in this instrument.

Taken together, these are mandatory operational obligations that allocate compliance costs to surveyors with oversight and approval powers vested in Authority officials and the Inspector.

The regulations specify mandatory duties and administrative mechanisms for quality control and compliance, but they do not themselves articulate specific fines or criminal penalties within the text provided. Enforcement and administrative control are effected primarily by the Authority and the Inspector through procedural powers and plan acceptance criteria.

Administrative enforcement mechanisms present in the instrument

• Notice and amendment power: the Inspector of Plans and Surveys may issue notices requiring amendments or additional information; upon receipt of such a notice, the surveyor must immediately comply (regulation 5). This is a direct administrative compliance lever and presumes the Inspector has the authority to require corrective action.
• Plan rejection: the Authority may reject plans or diagrams that are below its plotting or draftsmanship standard (regulation 43). Plan rejection operates as a practical sanction because rejected plans cannot be deposited and used in dealings in the Authority, creating delay and additional cost for the surveyor’s client.
• Reporting requirement for removed marks: where original survey marks are removed by a new survey, the surveyor must report that removal to the Inspector of Plans and Surveys (regulation 28). Failure to report may expose the surveyor to administrative censure or corrective orders, though the regulation does not itself set a penalty.

Implicit enforcement avenues and other legal instruments

• Regulatory obligations tied to licensing: surveyors must be licensed and perform surveys “lawfully entitled to practise” under the Transfer of Land Act 1893 (regulation 1B). Licensing regimes typically provide disciplinary and sanctioning mechanisms, but those mechanisms are located in the parent licensing statute (Licensed Surveyors Act 1909) or the Transfer of Land Act 1893 rather than these regulations. The text provided does not reproduce or describe those statutes’ sanctioning provisions, so practitioners must consult the parent Acts for details on disciplinary or penal consequences.
• Rejection and non‑acceptance as economic sanction: rejection of plans, refusal to accept lodged field records or refusal to approve authorised surveys by the Inspector are effective regulatory enforcement tools because they prevent completion of land dealings and can expose clients to delays, costs and contractual risk (regulation 43; regulation 1A).

What the regulations do not specify

• There are no explicit monetary penalties, infringement notices or criminal sanctions specified within the regulations text supplied. Any such penalties would be found in the parent Acts or other regulatory instruments.
• The text does not set out formal dispute resolution procedures or review mechanisms (for example, internal review of Inspector decisions), although special directions and notices are delivered by named officials (regulation 5; regulation 1A). Practitioners should therefore check the parent Acts and the Authority’s administrative practices for appeal or review pathways.

Practical enforcement risks

• Administrative discretion and uncertainty: the Authority’s discretion to reject plans on quality grounds (regulation 43) creates uncertainty about acceptability standards. While the requirement for waterproof ink and microfilm reproducibility (regulation 41) and the explicit drafting rules (regulations 48, 49, 51, 59) provide objective elements, the concept of being “below the Authority’s standard” is partly subjective and operationally implemented through the Inspector and Authority staff.
• Time pressures and immediate compliance obligations: the instruction that surveyors “must immediately comply” with Inspector notices (regulation 5) imposes operational deadlines that can have resource and scheduling implications.
• Reporting and traceability obligations: removal of original marks must be reported (regulation 28). Failure to report could lead to administrative consequences via the Authority or licensing body.

In sum, enforcement in this regulatory framework is primarily administrative: plan approval and rejection, Inspector notices and compliance obligations, together with licensing and potential disciplinary measures under the parent Acts. The regulations do not themselves specify fines or criminal measures, so to map the full enforcement architecture practitioners must consult the Transfer of Land Act 1893, the Licensed Surveyors Act 1909 and the general regulations referenced (the Licensed Surveyors (Guidance of Surveyors) Regulations 1961).

These regulations are explicitly framed as operating in relation to and under broader statutory instruments and subordinate instruments. The text contains direct cross‑references and definitional links that bind the regulations into a layered legal framework.

Direct statutory linkages

• Transfer of Land Act 1893: the opening citation links the regulations to the Transfer of Land Act 1893. Regulation 1B requires that surveys, re‑surveys or subdivisions used for Authority dealings be made by a licensed surveyor lawfully entitled to practise under that Act. Regulation 8(3) refers to “authorised survey” as defined in section 3(1) of the Act. The Transfer of Land Act therefore supplies licensing entitlements and definitions that determine who may act and what counts as an authorised survey.
• Licensed Surveyors Act 1909: the regulations take their regulatory authority from the framework governing licensed surveyors and refer to the licensing regime. The content of licensing obligations, disciplinary powers, and the licencing regime’s sanctions are governed by that Act, not the regulations themselves.
• Land Information Authority Act 2006: regulation 1A defines the Western Australian Land Information Authority by reference to that Act’s section 5. The Authority is the repository for lodged field records and deposited plans, and its institutional powers under that Act intersect with these regulations’ procedural requirements.
• Land Administration Act 1997 and Mining Act 1978: regulation 4 directs surveyors to obtain information from the departments principally assisting in the administration of these Acts. This creates an operational interaction: surveyors must consult central land and mining agencies for information relevant to the survey and those agencies must assist.

Interaction with subordinate instruments

• General regulations: the regulations repeatedly cross‑refer to the “general regulations” or “general regulation” which are defined as the Licensed Surveyors (Guidance of Surveyors) Regulations 1961 (regulation 1A). Specific obligations defer to or are supplemented by provisions in the general regulations,for example, regulation 8(3) references regulation 55B of the general regulations for exceptions to lodging field records; regulation 24 refers to general regulation 23 regarding exceptions to adherence to original Crown alignments; regulation 36 cross‑refers to general regulation 49 regarding tacks in pegs. This indicates that practitioners must consult both instruments in tandem.
• Administrative practice: the Inspector of Plans and Surveys is appointed by the Governor and is a member of the Authority staff authorised to approve plans of authorised surveys (regulation 1A). The approval and notice functions of the Inspector interact with the Authority’s procedural rules under the Land Information Authority Act and the parent statutes.

What these interactions imply for practice

• Layered compliance: surveyors must comply with these regulations plus any applicable provisions in the Transfer of Land Act 1893, the Licensed Surveyors Act 1909 and the general regulations. Several operative requirements here are contingent on definitions or exceptions found in the parent Acts or general regulations (regulations 1A, 8(3), 24).
• Delegated administrative powers: the Inspector and the Authority act as gatekeepers under these regulations, but their powers and limits are shaped by the parent Acts and appointment processes (regulation 1A). Decisions about plan acceptance, special directions and approvals are administrative acts whose legal footing will be in the wider statutory framework.
• Interdepartmental information flows: the requirement to obtain and be assisted with certificates of title and other records from the departments administering the Land Administration Act and the Mining Act (regulation 4) shows that cadastral surveys intersect with other statutory regimes (for example, mining tenures or reserves) and that proper compliance requires coordination with those agencies.
• Standard and drafting harmonisation: rules about drafting, area formats and mark abbreviations align cadastral output with the Authority’s repositories and indexing systems (regulations 41, 48, 51, 59). This standardisation facilitates integration with the Authority’s systems and with the wider titling framework governed by the Transfer of Land Act.

Unstated but possible dependencies

• Disciplinary and sanction provisions are likely located in the Licensed Surveyors Act 1909 or Transfer of Land Act 1893. The absence of explicit penalty clauses here suggests reliance on those parent statutes for enforcement beyond plan rejection and administrative control.
• Appeal and review routes for decisions by the Inspector or the Authority are not described in the provided text; those procedures, if any, will be set out in the parent Acts or in administrative law avenues.

Practitioners should read these regulations in combination with the Transfer of Land Act 1893, the Licensed Surveyors Act 1909, the Land Information Authority Act 2006 and the general regulations to understand the full legal obligations, appeal rights and enforcement mechanisms that apply to cadastral surveys in Western Australia.

The instrument includes a compilation table in the source that records a long amendment and reprint history. The regulations have evolved through periodic updates affecting definitions, procedural details and deletions of certain provisions. Key chronological points from the compilation table and inserted notes are:

• Original promulgation: The regulations were first published in 1961 and came into operation on 1 January 1962 as the regulations for the guidance of surveyors practising under the Transfer of Land Act 1893 (compilation table entry for 28 Nov 1961).
• Subsequent amendments and reprints: The compilation table lists reprints and amendments across decades: 1969 (Gazette 27 Aug 1969), 1970, a reprint as at 22 Feb 1971, and further entries in 1972 (1 Sep 1972), 1983 (Gazette 5 Aug 1983), a reprint as at 3 Feb 1986, amendments in 1986 (Gazette 26 Sep 1986), 1992 (Gazette 11 Sep 1992), 1997 (Gazette 4 Apr 1997), 2000 (Gazette 5 Sep 2000), a reprint as at 15 Feb 2002, 2006 (Gazette 29 Dec 2006), and 2021 (SL 2021/153 dated 31 Aug 2021).
• Insertions and amendments of particular provisions: several regulations and definitions were inserted or amended at specific times. For example, regulation 1A (definitions) was inserted and subsequently amended (see notes under regulation 1A). Regulation 1B has been amended on multiple occasions (1983, 1986, 1997, 2006). Regulation 8 (contents and lodging of field records) has multiple amendment entries (1972, 1986, 1997, 2006, SL 2021/153).
• Deletions and omissions: the compilation table and the text note several deletions: regulations 6, 13, 14, 16, 17, 29, 34, 35, 38, 39, 40, 42, 44-47, 50, 52-54, 56-58, 60, 61, 62 are marked deleted with various Gazette citations. Part VI is omitted under the Reprints Act 1984 s. 7(4)(f) and (g).
• Recent amendment: The Licensed Surveyors (Transfer of Land Act 1893) Amendment Regulations 2021 (SL 2021/153) amended various provisions with commencement dates recorded: regulations r.1 and r.2 (31 Aug 2021) and other regulations from 1 Sep 2021. Specific regulatory items (for instance regulation 1A and 8) show amendments by SL 2021/153 in the marginal notes.
• Incremental technical changes: the text shows incremental technical changes over time,for example, specifying microfilm reproducibility and waterproof ink (regulation 41 amended 1969), minimum sizes for substitute iron spikes and new abbreviations and calculation rules added in 2000 (regulation 33, regulation 51, regulation 55 amendments), and area formatting rules (regulation 59 inserted 1972).
• Cross‑references updated: several amendments adjust cross‑references to other instruments, for instance to the Land Information Authority Act 2006 definition of the Authority (regulation 1A amendments in 2006 and 2021).

What the amendment record signals about the instrument

• Technical evolution: the regulatory history demonstrates that the instrument has been maintained and updated over time to respond to technical developments (for example, microfilm reproducibility), administrative reorganisations (e.g., establishment of the Western Australian Land Information Authority), and practical surveying practices (e.g., numerical thresholds in calculation and offset treatment).
• Deletion of obsolete provisions: multiple deletions indicate pruning of provisions that became obsolete, possibly because the general regulations or other technical standards absorbed them, or because practices changed.
• Interaction with organisational change: the definition of the Western Australian Land Information Authority was updated to reflect its establishment under the Land Information Authority Act 2006 (regulation 1A amendments and the compilation table entries for 2006).
• Continuity and stability: despite amendments, the core obligations,licensed surveyors performing surveys for Authority dealings, field records, marking standards and plan drafting requirements,remain in force and have been retained and refined.

Practitioners should consult the compilation table and the Gazette notices recorded therein for the precise wording changes over time and for any transitional or commencement particulars affecting particular amendments. The compilation table in the source provides the dates and Gazette citations necessary to trace each amendment.

The regulations as provided do not include or cite any court decisions or litigation history. The instrument itself does not name any case law, and there are no judicial determinations recorded within the text. The source’s “Notes” section contains a compilation table and amendment history but no case references.

What the absence of litigation information in the source implies

• No cases are cited in this instrument: the regulations themselves do not reference or interpret judicial decisions, and the compilation does not list litigation as part of the statutory text.
• For disputes arising from application: if disputes have arisen in practice (for example, over compliance, interpretation of duties to the Government or adjoining owners, or over the Authority’s rejection of plans), any relevant litigation would be reported outside this instrument in case law databases, legal reports or administrative review records. Those materials are not part of the provided text and must be searched separately.
• Administrative review and appeals: the regulations create administrative decisions (approval, rejection, notices to amend) that may be subject to internal review, merits review or judicial review under other statutory or common law mechanisms. Those pathways, and any associated case law, would be found in the broader legal record (for example, decisions interpreting the Transfer of Land Act 1893, the Licensed Surveyors Act 1909, or decisions concerning the Authority’s administrative acts), none of which are included in this document.

Practical consequence for practitioners

• Do not rely on the instrument for precedent: because the regulations do not enumerate litigation, practitioners should research case law and administrative decisions separately when seeking authoritative judicial interpretation of obligations such as the scope of the surveyor’s duty to disclose (regulation 2), the meaning of “below standard” for plan rejection (regulation 43), or the circumstances in which field records need not be lodged under the authorised survey exception (regulation 8(3)).
• Check parent Acts and administrative rules: appeals, discipline and judicial review procedures will be governed by the parent Acts and administrative law, which are the appropriate sources to consult for litigation history and remedies.

In short, the provided instrument contains no litigation history. To obtain decisions interpreting these regulations or the surrounding statutory scheme, one must consult external case law and administrative decisions.

The regulations contain many precise technical requirements and cross‑references that create common practical traps for practitioners. The following are concrete “gotchas”, each grounded in the cited regulation text.

1. Licensing as gatekeeper (regulation 1B, regulation 1A)

• Only a surveyor “entitled to practise under the Transfer of Land Act 1893” may conduct surveys used by the Authority. Engaging an unlicensed surveyor or failing to confirm the surveyor’s entitlement risks non‑acceptance by the Authority.

2. Surveyor’s duty runs to the Government, not only the employer (regulation 2)

• The regulation states the surveyor must regard himself as an agent and adviser of the Government and must disclose all doubts and discrepancies even if the description is “literally and technically correct”. That can create a conflict with a private employer’s expectations; surveyors cannot rely on client wishes to withhold information.

3. Field record lodging exceptions (regulation 8(1)‑(3))

• Field records must be lodged with the Authority except where the survey is an “authorised survey” as defined in the Act and unless general regulation 55B applies. Failure to check whether an exception applies can result in non‑lodgement where the Authority expects a field record, or conversely in unnecessary copying where the exception applies.

4. Detailed content requirements (regulation 8)

• The field record must show “everything” found on the ground including improvements within one metre of the boundary. Omitting small improvements, or not recording offsets and methods of running lines, can cause the Inspector to require further information.

5. Consequences of removing old marks (regulation 28)

• When a new survey supersedes an old one, the old marks must be removed or obliterated and any removal of original survey marks must be reported to the Inspector. Removing marks without reporting creates an administrative reporting omission.

6. Numbering restrictions (regulation 12)

• Sectional or alphabetical numbering is prohibited and allotments must be numbered consecutively from one upwards; duplication within a location is forbidden except with special permission. Failure to check pre‑existing numbering in a location leads to duplication problems.

7. Offset threshold for calculation treatment (regulation 55)

• If offset distances are 4 metres or greater, boundary distances along the offset boundary must be shown as calculated. If offsets are less than 4 metres the run line is treated as true. Surveyors must be aware of the 4‑metre threshold; misapplication changes the computation method and the plan’s annotations.

8. Substitute mark specifications (regulation 33)

• If a peg cannot be put in an iron spike of minimum dimensions must be used (0.4 m length and 0.010 m diameter), otherwise a broad arrow must be cut into the obstruction. Not meeting these minimums risks non‑acceptance of the mark and plan.

9. Obligation to adhere to Crown surveys (regulation 24)

• Original alignment of every Crown survey must be adhered to except as provided in general regulation 23. Practitioners must check general regulation 23 before altering Crown survey alignments; otherwise plans may be rejected or require special permissions.

10. Immediate compliance with Inspector’s notice (regulation 5)

• The requirement to “immediately comply” with a notice to amend or supply more information places operational pressure and can create time and cost exposures if additional work or field revisits are required.

11. Presentation standard subjectivity (regulations 41 and 43)

• While regulation 41 prescribes waterproof ink and microfilm reproducibility, regulation 43 allows the Authority to reject plans below its plotting or draftsmanship standard. The subjective component of “the Authority’s standard” can generate disputes over acceptability.

12. Area format and trailing zeros (regulation 59)

• Areas under 10,000 m2 must be shown in square metres to the nearest square metre; larger areas in hectares to four decimal places, but trailing zeros to the right of the decimal marker are not shown (for example 6.4500 ha expressed as 6.45 ha). If area formatting deviates, the plan may be non‑conforming.

13. Multiple cross‑references to general regulations

• Several provisions depend on the general regulations (for example regulation 8(3), regulation 24 referring to general regulation 23, and regulation 36 referring to general regulation 49). Failing to consult and apply the general regulations is a common practical pitfall.

14. Reporting/human error on old marks and references (regulations 21, 23, 30)

• Verification of marks requires checking deposited plans held by the Authority and recording reference conditions in the field notes. Poor verification may cause a later dispute over true alignment.

15. Deleted provisions and omitted Part VI

• Several regulations are marked deleted and Part VI is omitted under the Reprints Act. Practitioners must use the current consolidated text and not rely on older versions that may contain deleted provisions.

These gotchas all flow from the text and cross‑references. The common practical failure modes are omissions in field records, failure to confirm licensing and numbering, misapplication of offsets and calculation rules, non‑compliant physical marking, and not responding promptly to Inspector notices. The remedy is careful checklisting against the explicit regulation text and consultation of the general regulations and parent Acts where the instrument defers.

This section translates the regulations into an operational checklist and procedural guidance tied to the specific regulatory provisions. It is a practical compliance sequence a licensed surveyor and their client should follow when preparing a survey for dealings with the Western Australian Land Information Authority.

Preliminary and licensing checks

1. Confirm licencing status: Ensure the practitioner conducting the survey is a “surveyor” as defined in regulation 1A and is lawfully entitled to practise under the Transfer of Land Act 1893; the Authority will only accept surveys made by such a surveyor (regulation 1B).

2. Identify the survey type and authorised survey exceptions: Determine whether the survey is an “authorised survey” as defined in section 3(1) of the Transfer of Land Act 1893. If it is, check the general regulations (for example regulation 55B of the general regulations referred to in regulation 8(1)) to see if a field record Lodgement exception applies (regulation 8(3)).

Pre‑survey information gathering

3. Conduct statutory searches: Before fieldwork, obtain all available information from the “relevant bodies” (regulation 4(1)): the department primarily administering the Land Administration Act 1997, the department primarily assisting the Mining Act 1978, and the Western Australian Land Information Authority. Record the search results and references in the field record (regulation 4(2)).

4. Review deposited plans and certificates: Verify old marks against deposited plans held in the Authority’s records and ensure any adopted marks are proved to be in the positions assigned on those plans; record verification procedures in the field notes (regulation 21).

Fieldwork and marking

5. Prepare boundary sketch and survey surround: Where possible, include a sketch of exterior boundaries in the field record (regulation 7). Show the “surround” distinct from internal subdivisions (regulation 10).

6. Locate and record improvements: Identify and record all improvements within one metre of the boundary; note walls precisely including width and whether party walls exist (regulation 8(1)).

7. Marking standards and verification: Before adopting any existing mark, verify its position from reference trees, pegs, spikes, walls or other marks and record the verification in the field notes (regulation 21). When re‑defining road corners, connect the corner to two or more nearby reference marks; where only two or fewer reference marks exist, place two additional safe reference marks with azimuth and distance connections (regulation 23(1),(3)).

8. Substitute marks and tacks: If pegs cannot be used, insert an iron spike of at least 0.4 m length and 0.010 m diameter; if spikes cannot be placed, cut a broad arrow into the obstruction (regulation 33). Drive a tack into the centre of the top of each peg (regulation 36). Ensure faced pegs are not moved where their outer faces are on the true alignment (regulation 37).

Measurement and computation

9. Align actual boundaries where practicable: Measure actual boundaries directly where possible; when offsets are necessary, record methods and align offsets parallel to the boundary when possible and show offset distances and methods in field notes (regulation 20).

10. Treatment of offsets in calculations: Apply the 4‑metre threshold for offset calculations,offsets 4 metres or greater mean distances along that boundary are to be shown as calculated (cal.); offsets less than 4 metres mean the run line is treated as the true boundary and angles as true (regulation 55).

11. Compute irregular lot areas by double longitudes: For non‑rectangular blocks compute areas by double longitudes and supply calculation particulars if requested by the Inspector (regulation 22).

12. Connection requirements for part‑surveys: If surveying a portion of a location, connect to at least two corners of the location; if connected to a previous adequately connected survey, connect to two or more corners of that previous survey (regulation 26).

Field record content and lodgement

13. Full field record content: Ensure the field record contains everything done or found on the ground: angles, bearings, distances, old marks tied to or replaced, offsets, positions of fences, buildings, walls, roads, rights‑of‑way, subdivisions, notes on walls (two walls/party wall/no party wall), areas for land and subdivisions, and street names and widths where applicable (regulations 7, 8, 11, 15). Sketch centred and faced peg positions relative to boundary alignment (regulation 9).

14. Number allotments correctly: Number allotments consecutively from one upwards; do not use sectional or alphabetical numbering and avoid duplicating numbers within a location unless special permission is obtained from the Inspector (regulation 12).

15. Lodge the field record: Lodge the field record with the Western Australian Land Information Authority unless the survey falls within the authorised survey exception in regulation 8(3) and the relevant general regulations apply. Keep a clear record of why any exception is relied on (regulation 8(1)‑(3)).

Drafting and plan submission

16. Drafting standards: Draw plans and diagrams in recognised waterproof ink and ensure they are of sufficient strength for microfilm reproduction (regulation 41). Ensure the depiction of roads, reserves, drains and allotments is clear and labelled with distinctive numbers, areas and dimensions (regulation 48).

17. Street and road labelling: Write the name of each public street or road adjoining the land and the name and width of private streets or roads forming part of the survey on the plan or diagram. Do not show the width of a public street unless accurately measured in the course of the survey (regulation 49).

18. Use prescribed abbreviations for old marks: Show old posts, pegs or intermediate spikes using the prescribed abbreviations for Crown or freehold surveys, and annotate variations from standard centred marks (regulation 51).

19. Area format: Express areas less than 10,000 m2 in square metres to the nearest square metre (e.g., 9475 m2). Express areas of 10,000 m2 and greater in hectares to four decimal places (e.g., 9.4753 ha), but do not display trailing zeros to the right of the decimal marker (regulation 59).

Interactions with Authority and immediate obligations

20. Respond promptly to Inspector and Authority directions: If the Inspector of Plans and Surveys issues a notice to amend the survey or to supply more information, comply immediately. Be prepared to supply calculation particulars or additional documentation when requested (regulation 5; regulation 22).

21. Expect plan quality review and potential rejection: The Authority may reject plans below its plotting or draftsmanship standard (regulation 43). Where possible, engage with the Authority early on unusual or borderline drafting matters and confirm technical expectations to reduce rejections.

Record destruction and supersession

22. Handle superseded surveys carefully: When superseding an old survey, remove or obliterate old posts, pegs, trenches and other marks and report removal of original survey marks to the Inspector (regulation 28).

Cross‑checks and ongoing compliance

23. Consult general regulations and parent Acts: Check the Licensed Surveyors (Guidance of Surveyors) Regulations 1961 for the matters cross‑referenced in these regulations (regulation 1A). Also consult the Transfer of Land Act 1893 and the Licensed Surveyors Act 1909 for licensing, disciplinary, and appeal provisions.

24. Maintain traceable documentation: Keep copies of all searches obtained from relevant bodies, correspondence with the Inspector or the Authority, field records, sketches and calculations used in drafting. This supports compliance with the duty to disclose and with any subsequent administrative scrutiny.

25. Quality assurance and internal audit: Implement an internal checklist aligned with the regulations,confirm peg sizes and tacks, offset treatment, area formats, numbering rules, and lodged field records,before submitting plans to the Authority.

By following these steps tied to the cited regulations, licensed surveyors and their clients can reduce the risk of plan rejection, Inspector notices and other administrative friction. The essential compliance principle is to treat the field record and the deposited plan as the authoritative evidence for titles dealings and to ensure consistency between on‑ground marking, recorded field notes and the final plan lodged with the Authority.