Standard Survey Marks Regulations

Standard Survey Mark. The regulations do not prescribe a physical form. Regulation 7 states only that the mark “shall be of such a nature as may be determined upon by the Surveyor General”. This is an unusually wide delegation; a surveyor cannot know in advance what material, size, depth or marking will be required until the Surveyor General decides. The mark is typically a brass or iron pin set in concrete, but the regulation gives no guarantee. This discretion may accommodate different ground conditions but introduces compliance risk: if the Surveyor General later changes the approved nature of the mark, surveys already in progress may need rework.

Standard survey. A survey that establishes, references or adjusts a Standard Survey Mark. It is distinct from other types of cadastral survey (e.g. a subdivision survey). The regulations apply only to Standard surveys, not to all surveys. However, because many land‑boundary surveys rely on Standard Survey Marks as control points, surveyors must often perform a Standard survey as part of a broader project.

Permissible error. Regulation 6 sets the limiting error of closure at one half link per mile (approximately 1:10,000). A link is 0.201168 metres; half a link per mile equates to about 0.000125 of the distance. This is a strict tolerance. The regulation allows the Surveyor General to approve “any other limit” in special circumstances, but that relief is discretionary and likely rare.

Field record. Every page of the field record bearing notes must be initialed by the surveyor and dated. At the end, the surveyor must sign a certificate that the notes “have been taken in the field by me personally and are the actual results of the observations and measurements” (regulation 5). This personal attestation imposes professional liability on the individual surveyor, not just the employing firm.

Authority. Defined in regulation 1A as the Western Australian Land Authority established by the Land Information Authority Act 2006 section 5. This body receives field notes and plans, and its standard is used for testing bands. The term replaced earlier references to the Department of Lands and Surveys following an amendment in 2006.

Standard traverse. The regulation implicitly assumes a standard traverse: a connected series of measurements along streets or roads. Regulation 8 directs that the Standard Survey Mark be placed at road intersections “to form a starting point for the standard traverse of such streets or roads”. The traverse provides coordinates for section corners and is the backbone of the cadastral network.

Licensed surveyors. They are the only persons authorised to perform Standard surveys (regulation 1). Every surveyor must own or have access to approved theodolites and bands, must keep meticulous field records, and must personally sign certificates. The cost of equipment, calibration and field time falls directly on them. A surveyor who fails to comply will have plans rejected by the Surveyor General, meaning lost time and client friction. The regulation also imposes a reporting duty: if a surveyor finds a moved or destroyed mark, they must “forthwith report the fact to the Surveyor General” (regulation 17). This adds compliance cost and potential liability if a surveyor discovers a problem but fails to report quickly.

Developers, local authorities and government departments. Any person, local authority or government department proposing work that would be “likely to interfere with any Standard Survey Mark” must give notice to the Surveyor General and pay the cost of any safeguarding steps the Surveyor General takes (regulation 15). This creates a direct financial charge on infrastructure work - road widening, drainage, building construction - that may be many times the cost of the mark itself. The trigger “likely to interfere” is vague, inviting cautious overreporting or, alternatively, disputes about what constitutes likelihood. The requirement that work must not commence until advice is received from the Surveyor General introduces regulatory delay with no statutory time limit. A proponent could be held up weeks or months, paying holding costs, while the Surveyor General decides what steps are necessary.

Registrar of Titles, Public Works department, local authority. Regulation 13 requires the Surveyor General to supply certified copies of approved Standard survey plans to these bodies. This ensures the marks are recorded in land title records and public works plans. Any error in the supply chain - a lost copy, a failure to update after alteration - may cause boundary uncertainty for later users.

Property owners and land market participants. While not directly regulated, anyone buying or selling land relies on the accuracy of Standard Survey Marks to define boundaries. If a mark is moved or destroyed and not reported, the cost of re­establishing boundaries falls on affected landowners, often through litigation. The regulations aim to prevent that, but the compliance burden is on others.

Duty to perform surveys only under instructions from the Surveyor General. Regulation 1: “All Standard surveys shall be performed under the instructions of the Surveyor General”. This means the surveyor cannot independently decide to execute a Standard survey; they must receive a brief. This gives the Surveyor General control over the survey network and prevents freelance mark setting, but it also means a surveyor may have to wait for instructions before starting work.

Duty to use approved equipment and methods. Regulations 3 and 4 require specific theodolite specifications, angle repetitions, tension and temperature corrections. The surveyor has no right to use alternative methods unless the Surveyor General approves them in advance.

Duty to keep and certify field records. Regulation 5: every page must be initialed and dated, and a signed certificate appended. This is a personal duty; delegation to an assistant does not relieve the named surveyor of responsibility. The certificate uses “performed by me personally”, raising the question of whether field work by a cadet or graduate under supervision satisfies the rule.

Duty to lodge notes and plans. Regulation 10: “Field notes and plans of all Standard surveys shall be lodged with the Authority.” The surveyor must prepare a plan at an approved scale showing “clearly the details at the street corners”. The cost of drafting and copying is borne by the surveyor (and ultimately the client).

Duty to report moved or destroyed marks. Regulation 17 imposes a positive duty on any surveyor who finds a mark has been moved or destroyed to report it “forthwith” to the Surveyor General. Failure to do so is a breach of the regulations, with potential penalties under the Act.

Rights of the Surveyor General. The Surveyor General may determine the nature of the Standard Survey Mark (regulation 7), approve instruments (regulation 3), accept or reject surveys (regulation 2), approve special error limits (regulation 6), approve scales (regulation 10), depute officers for inspection (regulation 12), take proceedings for penalties (regulation 14), access marks at all times (regulation 14), and alter Standard surveys and update plans (regulation 16). This is a large bundle of discretionary powers with little statutory constraint. Affected parties have a right to have a survey approved only if it complies fully; there is no right to review of a discretionary refusal.

Duty of persons interfering with marks. Regulation 15 requires any person, local authority or government department proposing likely interfering work to give notice to the Surveyor General. The cost of safeguarding is recoverable from that person. This creates a strict liability cost - no defence of reasonableness or proportionality is provided.

The regulations themselves do not set monetary penalties or prison terms; those are in the parent Act (the Standard Survey Marks Act 1924, which the user did not provide). However, the regulations repeatedly reference penalties indirectly. Regulation 14 states that the Surveyor General “may take proceedings for the recovery of penalties for any breach of the clauses relating to Standard Survey Marks”. The clauses referred to are the Act’s provisions, not the regulations, but breach of the regulations that also breaches the Act is actionable.

The primary enforcement mechanism in the regulations is rejection of surveys. Regulation 2: “No Standard surveys shall be accepted nor approved by the Surveyor General unless same are in accordance with these Regulations”. Rejection is a powerful penalty in itself: a survey that cannot be approved cannot support a boundary definition, a subdivision plan, or a transfer of land. The affected client will demand a compliant survey at the surveyor’s expense, or sue for negligence. This creates a strong private incentive to comply, but also means a minor technical defect (e.g. one missing date initial on a field note page) can cause disproportionate rework.

The cost of safeguarding marks under regulation 15 is effectively a penalty on anyone who interferes without complying. The Surveyor General may carry out work and recover the cost. If the person does not pay, the Surveyor General can presumably sue for debt or use statutory mechanisms under the parent Act.

Inspection and examination under regulation 12 is “entrusted to such officers as shall be specially deputed by the Surveyor General”. These officers are “responsible to see that the Regulations have been adhered to”. If they find noncompliance, they will recommend rejection or, if the survey has already been approved, may cause the Surveyor General to alter the survey (regulation 16) and demand delivery of certified copies. There is no stated right for a surveyor to contest an inspector’s finding.

Criminal liability is not specified in the regulations, but the Act likely makes interference with Standard Survey Marks an offence. Given the reference to “penalties” in regulation 14, one would expect fines. Surveyors and others should not assume that compliance is merely a civil matter.

The regulations are expressly made under section 7 of the Standard Survey Marks Act 1924. That Act, though not reproduced here, is the primary legislation. The regulations fill in the technical details. Any inconsistency between the regulations and the Act would be resolved in favour of the Act.

*Licensed Surveyors Act 1909. * Regulation 1 requires Standard surveys to be carried out by surveyors licensed under that Act. This cross‑reference makes the licensing regime a prerequisite. If a surveyor’s license is suspended or cancelled, they cannot lawfully perform a Standard survey. The Licensed Surveyors Act also imposes professional conduct obligations and disciplinary proceedings, which may apply in addition to any breach of these regulations.

*Land Information Authority Act 2006. * Regulation 1A defines “Authority” as the Western Australian Land Authority established by that Act. The Authority holds field notes and plans (regulation 10) and its standard is used for calibrating bands (regulation 4). The Authority is a state body with functions relating to land information and spatial data. The regulations therefore feed into the Authority’s repository and data management processes.

*Public Works Act 1902. * Regulation 13 requires the Surveyor General to supply certified copies of approved plans to the “chief executive officer of the department principally assisting in the administration of the Public Works Act 1902”. When a Standard survey mark is established in connection with a road or public work, that department receives the plan. This ensures that public works projects do not inadvertently disturb marks.

Transfer of Land Act and Registration of Deeds. The requirement to supply copies to the Registrar of Titles (regulation 13) links the Standard survey network to the Torrens title system. When a plan showing a Standard survey is approved, the Registrar gets a copy. Survey marks are not themselves registered interests, but they underpin the spatial accuracy of land descriptions. Discrepancies between the marks and titles could lead to boundary litigation. The interaction is therefore critical for land market certainty.

Local Government Act and planning instruments. The “Local Authority” also receives approved plans under regulation 13. Local governments use these plans to manage road reserves, building setbacks, and infrastructure. If a local authority proposes works that may interfere with a mark, regulation 15 applies.

No express interaction with the Survey and Mapping Infrastructure Act or similar. The regulations are older and predate modern geodetic standards. They do not reference GPS, total stations, or digital records. However, the Surveyor General may approve other theodolites under regulation 3, which would allow modern equipment if formally approved. This creates an interaction gap: the regulations are technologically prescriptive but the parent Act and the Surveyor General’s discretion can adapt them.

The regulations were originally made on 30 January 1935 and published in the Western Australia Government Gazette on 1 February 1935. They commenced on that day.

2006 amendment. The Standard Survey Marks Amendment Regulations 2006 were gazetted on 29 December 2006 and commenced on 1 January 2007. This amendment inserted the definition of “Authority” in regulation 1A, replacing earlier references to the Department of Lands and Surveys with the Western Australian Land Authority. It also amended regulation 4 (linear measurements) to refer to the Authority’s standard, regulation 10 (field notes and plans lodged with the Authority), regulation 13 (copy of approved plans to the Authority instead of the Department), and regulation 16 (alteration of survey recorded on plans retained by the Authority). This was a machinery amendment reflecting the creation of the Land Information Authority.

2021 amendment. Part 2 of the Lands Regulations Amendment (Surveys) Regulations 2021 (SL 2021/151) was published on 31 August 2021 and commenced on 1 September 2021. It amended:

• regulation 1AA (citation): inserted to give the regulations a formal citation name.
• regulation 3 (angular measurements): amended, likely to update references to theodolite types or remove obsolete wording (e.g. references to “five inches” perhaps remain but the amendment may have changed recording requirements).
• regulation 4 (linear measurements): similarly amended.
• regulation 5 (records): amended, possibly to modernise the certificate wording or remove gendered language.
• regulation 12 (inspection of plans): amended to refer to officers deputed by the Surveyor General rather than older departmental officers.

The 2021 Amendment is part of a broader set of survey regulation amendments. It did not change core measurement tolerances or duties, but modernised language and reference points.

The compilation table shows no other amendments. The regulations remain substantively as written in 1935, with only two rounds of amendments in nearly 90 years. This stability is both a benefit (consistency) and a risk (technological obsolescence). Surveyors must still use a theodolite of “not less than five inches in diameter” - a specification that excludes many modern total stations unless the Surveyor General approves them under regulation 3. The approval discretion is the only route to use contemporary equipment.

The source does not cite any cases. Litigation under the Standard Survey Marks Act 1924 or these regulations appears rare. There are a few possible reasons. The regulations are highly technical and many disputes are resolved administratively by the Surveyor General without court proceedings. Another is that the main sanction - plan rejection - is a civil consequence rather than a penalty, so affected parties negotiate or redo the survey rather than litigate. Moreover, the legislation is old and covers a narrow field; most boundary litigation centres on the Torrens title system, adverse possession or contract, not the regulations themselves.

Nonetheless, potential litigation issues include:

• Interference with marks. A dispute could arise if a person claims the Surveyor General’s safeguarding costs under regulation 15 are unreasonable. The regulation says costs are “recoverable” but provides no mechanism for challenging quantum. A court might need to determine whether the work was necessary and the costs proportionate. Similarly, if a person proceeds with work without giving notice and a mark is damaged, the Surveyor General could sue for damages or penalties under the Act, and the defendant might argue the work was not “likely to interfere”.

• Liability of surveyors for inaccurate Standard surveys. If a surveyor’s field record or plan is accepted by the Surveyor General but later found to contain an error that causes boundary problems, the affected landowners could sue the surveyor for professional negligence. The “strict accordance with the Regulations” certificate (regulation 11) could be used as evidence of the standard of care; a surveyor who did not comply with the regulations would almost certainly be held negligent.

• Judicial review of Surveyor General decisions. The Surveyor General’s discretion to refuse approval, set a special error limit, or alter a survey under regulation 16 could be challenged for unreasonableness or procedural unfairness. However, the regulations give no right of appeal or hearing, so judicial review on administrative law grounds (e.g. bias, failure to consider relevant matters) would be the only recourse. No reported cases exist on this point, likely because the sums at stake are too small to sustain a review.

Litigation is expensive relative to the value of a single survey. Most parties comply or abandon the survey rather than fight. The regulations have therefore generated almost no case law, leaving many interpretive questions unresolved.

1. “Strict accordance” trap. The certificate in regulation 11 says the survey was “in strict accordance with the Regulations”. Any deviation, no matter how minor, theoretically invalidates the certificate and the plan. A surveyor who uses a five­inch theodolite but accidentally records a reading in the wrong column could be found noncompliant. The practical consequence is plan rejection and lost fees.

2. No prescribed form for the mark. Regulation 7 gives the Surveyor General complete discretion. If a surveyor installs a mark of a type commonly used but the Surveyor General later decides only a different type is acceptable, the survey may be rejected. The surveyor cannot rely on industry custom.

3. Vague trigger for interfering work. Regulation 15 applies to any work “likely to interfere with any Standard Survey Mark”. This is highly subjective. A person digging a small trench five metres from a mark might believe interference is unlikely; the Surveyor General may disagree. The person must obtain advice before starting, but may wait indefinitely for that advice. The cost of complying with a cautious interpretation (notifying for any excavation near a mark) is high, but the risk of not notifying is even higher (penalties and liability for safeguarding costs).

4. No time limit for Surveyor General’s advice. Regulation 15 says work “shall not be commenced until advice has been received from the Surveyor General that such steps have been taken”. There is no statutory maximum period. This opens the door to bureaucratic delay. A developer with a tight construction schedule could be stalled for an unreasonable period with no clear remedy.

5. Unlimited cost recovery for safeguarding. The Surveyor General may take “all necessary steps to safeguard such Mark” and the cost is recoverable. There is no cap or requirement that the cost be proportionate to the value of the work. Safeguarding a single mark could involve expensive engineering works that cost far more than the mark itself. The person proposing the work bears this cost without any ability to object.

6. Alteration of survey requires delivery of certified copies. Regulation 16 requires the Surveyor General to demand certified copies from the Registrar of Titles, Public Works department, and local authority to enable alteration. If a certified copy is lost or cannot be found, the alteration cannot be recorded, and an outdated plan may remain in official records, causing boundary confusion. The regulation imposes no duty on those bodies to maintain the copies.

7. One half link per mile tolerance may be unrealistic in difficult terrain. The default permissible error (regulation 6) is strict. While the Surveyor General may approve a different limit, the burden is on the surveyor to request that. If a surveyor does not anticipate the difficulty and obtains a result slightly outside the limit, the survey is rejected. The only relief is the Surveyor General’s discretion, which may not be exercised favourably.

8. Personal performance requirement. The field record certificate (regulation 5) states “these field notes have been taken in the field by me personally”. The plan certificate (regulation 11) says the survey “was performed by me personally”. This language suggests the licensed surveyor must physically do every measurement, not supervise a team. In modern practice, that is often impractical. Strict textual compliance would prohibit using a field assistant to read the theodolite or note distances. The Surveyor General may accept a practical interpretation, but the regulation has not been amended to reflect modern staffing.

Step 1: Obtain instructions from the Surveyor General. Before commencing any Standard survey, a licensed surveyor must receive instructions. This is not optional. The instructions will specify the area to be surveyed, the type of mark to be placed (if any), and any special requirements. The surveyor should obtain these in writing and keep them on file.

Step 2: Select approved equipment. Use a theodolite with a circle diameter of at least five inches (127 mm) and sensitive bubbles. If using a modern total station, ensure it is “approved by the Surveyor General” under regulation 3. To avoid risk, the surveyor should seek written approval for the specific instrument model. For linear measurements, use a steel or invar band that has been tested against the Authority’s standard “frequently” - ideally before every project, and maintain a calibration log. Determine the constant tension to be applied and note it in the field record. Have a thermometer ready to record temperature for each length.

Step 3: Conduct the field survey. Record every observation in a field record book. Each page must be initialed by the surveyor and dated. For each angle, take at least four repetitions, reading both verniers or both microscopes each time. Alternate half the repetitions with circle left and half with circle right, and note this in the record. For linear distances, apply the constant tension, read the temperature, and note both. Apply corrections for temperature (using the band’s coefficient of expansion) and record that correction in the field record. The field record must also contain the temperature and tension at which the chain is standard (regulation 5 requirement - this information should be recorded at the start of the book).

Step 4: Place Standard Survey Marks as directed by the Surveyor General. The nature of the mark is whatever the Surveyor General determines (regulation 7). At road intersections, choose a position that has due regard for traffic convenience but also forms a suitable starting point for a standard traverse (regulation 8). Measure from the mark to each section corner, observe the angle to the standard traverse, measure distances between section corners across the street, and connect each section corner “to any building, wall, or other improvements in the vicinity” (regulation 9). This means recording radiations to nearby structures - a potentially time­consuming step. Do not overlook it.

Step 5: Compute the survey and ensure the closing error is within one half link per mile (regulation 6). If the error exceeds that limit, you must either re­survey or seek the Surveyor General’s approval for a different limit. It is prudent to request approval in advance if conditions are likely to produce larger errors.

Step 6: Prepare the plan. Use a scale approved by the Surveyor General. The plan must show “clearly the details at the street corners”. Include the required certificate from regulation 11, signed and dated. The certificate must state the survey was “in strict accordance with the Regulations”.

Step 7: Lodge the field notes and plans with the Authority (regulation 10). The Authority is the Western Australian Land Information Authority. Ensure the notes include the signed field record certificate (regulation 5). Keep copies for your own records.

Step 8: If a Standard Survey Mark is found in a moved or destroyed state, report it forthwith to the Surveyor General (regulation 17). Do not delay; even if you are reporting on behalf of someone else, you must do it personally.

Step 9: If you or your client intends to carry out work that may interfere with a Standard Survey Mark, notify the Surveyor General in advance and do not commence work until advice is received (regulation 15). Budget for the cost of safeguarding, and ensure the client understands they will pay that cost. Document the date of notice and keep a record of the Surveyor General’s response.

Step 10: Maintain compliance across your entire business. Train all surveyors and field staff on the regulations. Review the Standard Survey Marks Act 1924 for any additional duties (penalties, offences, powers of entry). Keep calibration records for bands and theodolites. Periodically check the compilation table in the regulations to ensure you are relying on the current version. Because the regulations are rarely amended, it is easy to miss an update; the 2021 amendment made changes to several regulations, so a pre‑2021 copy is now out of date.