Standard Survey Marks Regulations 1935

Standard survey mark. The term is not exhaustively defined in the Regulations; reg 7 merely states that the mark “shall be of such a nature as may be determined upon by the Surveyor General”. This grants the Surveyor General broad discretion to specify the physical form, material and dimensions of the mark. In practice this has meant concrete or metal monuments set in the ground at road intersections and other key points, but the Regulations impose no statutory design beyond that. The mark’s function is to serve as a fixed spatial reference for the standard traverse, which is the surveyed line from which section corners and other boundaries are dimensioned (reg 8).

Standard survey. The Regulations do not define this term directly, but the concept emerges from the rules. A standard survey is a survey of a public precision type, performed under the instructions of the Surveyor General by a licensed surveyor, using specified equipment and procedures, and resulting in field notes and plans that must be lodged with the Authority (regs 1, 2, 10). It is distinct from ordinary cadastral surveys. The standard survey produces the standard survey marks and the associated traverse measurements that underpin the geometry of title plans.

Permissible error. Reg 6 sets the limiting error of closure at one half link per mile. A link is 0.66 feet (approximately 0.201 metres), so one half link per mile equals about 0.0000625 of the distance (0.00625%). That is a tight tolerance, reflecting the need for long-term positional stability. The Surveyor General may allow a different limit in special circumstances - a narrow but important exception that introduces discretion.

Standard traverse. Not defined but implied: the line of survey connecting standard marks along a street or road, from which radiations to section corners are measured (regs 8, 9). It is the geometric framework for mapping road and lot boundaries.

Care, control and maintenance. Reg 14 vests these functions in the Surveyor General. That does not mean the Surveyor General maintains every mark physically; rather, the power includes access rights and the ability to take proceedings. The cost of safeguarding marks is recoverable from the person, local authority or government department whose proposed work would interfere with a mark (reg 15). This creates a cost-recovery mechanism: the party whose activity threatens a mark pays for the protection work.

Alteration of standard survey. Reg 16 contemplates that the Surveyor General may alter a standard survey after its approval. When that happens, the alterations must be recorded on the Authority’s plans and on the certified copies held by the Registrar of Titles, the Public Works department and the local authority. Those certified copies must be delivered to the Surveyor General on demand to enable the alteration. This gives the Surveyor General a power of amendment after the survey is finalised, which could be used to correct errors, adjust to changed conditions, or reflect redefinition of marks.

The Regulations directly affect several distinct groups. Licensed surveyors are the primary regulated class. They must perform standard surveys personally, use approved instruments, comply with measurement and recording protocols, lodge plans, certify accuracy, and report any moved or destroyed marks they encounter (regs 1, 2, 3, 4, 5, 10, 11, 17). The personal performance requirement imposes a practical constraint: a surveyor cannot delegate field observation to an unlicensed assistant. This raises the compliance cost of standard surveys because the surveyor’s time is the bottleneck. It also concentrates liability on the individual surveyor, not the firm. The requirement that field notes be “taken in the field by me personally” (reg 5) and that the surveyor certify that the survey “was performed by me personally” (reg 11) creates a strict personal duty. There is no provision for corporate surveyors or delegation.

The Surveyor General is the central decisionmaker. The Surveyor General instructs which surveys are performed, approves or rejects plans, determines the nature of standard survey marks, approves the method of chaining, deputes officers to inspect plans, and accesses and maintains marks. This is a very wide statutory discretion with few constraints in the Regulations. The only limits are that the survey must be performed by a licensed surveyor (reg 1) and must be in accordance with the Regulations (reg 2). The Surveyor General can also vary the permissible error limit “in special circumstances” (reg 6). This concentration of power means that reform or modernisation of surveying practice depends heavily on the incumbents of that office.

Local authorities and government departments are affected in multiple ways. They receive certified copies of approved standard survey plans (reg 13). They must give notice to the Surveyor General before carrying out work likely to interfere with a standard survey mark, and they must pay the cost of any safeguarding carried out by the Surveyor General (reg 15). They are also obliged to deliver their certified copies to the Surveyor General on demand if the survey is altered (reg 16). For local authorities, this creates a recurring administrative burden: maintaining a set of plans that must be physically produced on request. It also imposes potential unbudgeted costs if road or drainage works require mark protection.

The Registrar of Titles and the chief executive officer of the department administering the Public Works Act 1902 are recipients of approved plans and must return them for alterations. They are not regulated but are affected by the flow of information.

Property owners and developers are indirectly affected. Standard survey marks provide the control points for boundary surveys. If a standard survey mark is moved or destroyed, the integrity of adjoining title surveys may be compromised. The reporting duty on surveyors (reg 17) provides a mechanism for detecting such events, but the Regulations do not require the Surveyor General to notify affected landowners. The burden falls on the private surveyor to report, and on the landowner to rely on the mark’s continuing stability.

The Western Australian Land Information Authority (the Authority) is the recipient of lodged field notes and plans (reg 10) and the keeper of the plans used for recording alterations (reg 16). The Authority also holds the standard against which steel or invar bands are tested (reg 4). This gives it a technical repository role.

Duty to perform surveys personally. Regulation 1 requires licensed surveyors to carry out standard surveys, and regs 5 and 11 require the surveyor to certify that field notes were taken personally and the survey was performed personally. This duty cannot be delegated to a technician or unlicensed assistant. It creates a bottleneck in survey capacity and imposes a high opportunity cost on the surveyor’s time. The right to perform standard surveys is limited to licensed surveyors; there is no provision for unlicensed persons to assist under supervision.

Duty to use specified equipment and methods. Regulations 3 and 4 impose detailed technical duties: a micrometer theodolite of at least five inches, four repetitions per angle, recording both verniers/microscopes, alternating circle left and circle right, using a steel or invar band tested against the Authority’s standard, applying constant tension, correcting for temperature. These are prescriptive and leave little room for innovation or cost-saving alternatives unless the Surveyor General approves a different method (e.g. an alternative theodolite under reg 3 or an approved chaining method under reg 4). A surveyor who uses a total station or GPS without prior approval may be in breach.

Duty to record and certify. Every page of the field record must be initialled and dated by the surveyor (reg 5). The field record must contain a certificate signed by the surveyor stating the notes were taken personally. The plan must bear a certificate that the survey was performed personally in strict accordance with the Regulations and that the plan is accurate (reg 11). These are written, signed certifications that create potential liability for misrepresentation if the surveyor is not actually present throughout.

Duty to lodge field notes and plans. Regulation 10 requires lodging with the Authority. This is a one-way flow: the surveyor provides the documents; the Authority holds them. The Regulations do not guarantee the surveyor access to those documents after lodgment, nor do they provide for return.

Reporting duty on finding moved or destroyed marks. Regulation 17 requires any surveyor who in the course of their profession finds a mark has been moved or destroyed to report it forthwith to the Surveyor General. This duty is not limited to surveyors performing standard surveys; it applies to any surveyor who encounters such a mark. Failure to report could be a breach, though the Regulations do not specify a penalty.

Right of the Surveyor General to alter a standard survey. Regulation 16 gives the Surveyor General the power to unilaterally alter a standard survey after approval. This is a right against the surveyor and the public record. The surveyor who created the survey has no right to be consulted or to object.

Right of the Surveyor General to recover costs for mark protection. Regulation 15 provides that the cost of any work carried out under that clause (safeguarding a mark) “shall be paid by and be recoverable from” the person, local authority or government department whose proposed work triggered the protection. This is a statutory debt recovery right, not dependent on a contract. It shifts the cost of public mark protection onto private parties or other government entities.

Right of access to marks. The Surveyor General has the right of access to all standard survey marks at all times (reg 14). There is no provision for entry warrant or notice. The right extends to accessing marks that may be on private land, though the Regulations do not address trespass issues - presumably the right would be exercised with the landowner’s consent or under other law.

Duty of local authorities and government departments to give notice. Regulation 15 imposes a duty on any person, local authority or government department proposing work likely to interfere with a standard mark to give notice to the Surveyor General before commencing. The proposed work cannot start until the Surveyor General advises that safeguarding steps have been taken. This creates a de facto veto: the Surveyor General can delay any public or private construction that threatens a mark.

The Regulations themselves do not prescribe monetary penalties or imprisonment terms for breaches. The enforcement provisions are found in the parent Act, the Standard Survey Marks Act 1924, which is not reproduced in the text provided. However, the Regulations do allocate enforcement power: 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”. This suggests that the Act creates offences for interfering with marks, failing to comply with regulations, or other misconduct, and the Surveyor General is the designated prosecutor. The Regulations do not specify the quantum of penalties, nor do they create a limitation period for proceedings.

The enforcement mechanism is thus indirect. A surveyor who fails to comply with the technical requirements (e.g., using incorrect equipment, not recording temperatures, not certifying plans) risks having the survey rejected or not approved by the Surveyor General (reg 2). That is a powerful commercial sanction: a non‑approved survey is worthless for its intended purpose of providing control points for title surveys. The person or body paying for the survey will demand a compliant survey, so the market enforces compliance more than the legal penalty does.

For interference with marks by third parties, the Surveyor General can take proceedings. The cost recovery mechanism in reg 15 also acts as a deterrent: a person who fails to give notice and damages a mark may be liable for the cost of restoration plus penalties. However, the Regulations do not specify that the cost is recoverable if the mark is damaged without prior notice - only that the cost of safeguarding work carried out after notice is recoverable. That gap may limit enforcement against deliberate vandalism or accidental damage not preceded by notice.

The surveyor’s personal certification (regs 5, 11) creates potential liability for false or misleading statements under general law (e.g., fraud, misrepresentation, or professional misconduct under the Licensed Surveyors Act 1909). The Regulations do not create a separate statutory offence for false certification, but the certification is a legal document that could be used in title proceedings. The duty to report moved or destroyed marks (reg 17) is not backed by an express penalty, but a surveyor who fails to report could face disciplinary action from the licensing board or professional body.

The lack of any penalty schedule within the Regulations means that practitioners must cross‑refer to the Standard Survey Marks Act 1924 and possibly the Licensed Surveyors Act 1909 to understand the full enforcement landscape. This adds to compliance cost and uncertainty.

The Regulations expressly refer to several other statutes. The Licensed Surveyors Act 1909 is the gateway: only surveyors licensed under that Act may perform standard surveys (reg 1). That Act contains its own qualification, disciplinary and registration requirements. A surveyor who loses their licence under the 1909 Act is automatically disqualified from performing standard surveys under these Regulations. The Regulations do not create a separate standard survey licence; they piggyback on the existing licensing regime.

The Land Information Authority Act 2006 establishes the Western Australian Land Information Authority (referred to as “the Authority” in reg 1A). The Authority is the depository for field notes and plans (reg 10) and holds the standard against which measuring bands are tested (reg 4). It also retains copies of plans when the Surveyor General alters a survey (reg 16). The Authority’s role is administrative and archival; it does not have a decision‑making power over survey content.

The Public Works Act 1902 is referenced twice. The department principally assisting in the administration of that Act receives certified copies of approved standard survey plans (reg 13) and must deliver them for alteration on demand (reg 16). This connection ensures that public works projects have access to the latest survey control information, and that any alterations are recorded in the department’s copies as well.

The Registrar of Titles also receives copies. The interaction with the Transfer of Land Act 1893 (the Torrens system) is implicit: standard survey marks provide the spatial reference for boundaries on certificates of title. If a standard survey is altered, the altered plans are sent to the Registrar, presumably so that title diagrams can be updated. The Regulations do not, however, require the Registrar to amend titles; that is left to other law.

The Regulations do not refer to environmental, heritage or planning laws. A surveyor placing a standard survey mark must comply with all other applicable laws (e.g., native title, heritage protection, local government permits) even though the Regulations do not mention them. The requirement to place marks “with due regard to the nature and convenience of traffic” (reg 8) hints at a planning dimension but does not create a formal consultation duty with road authorities.

Interaction with the common law of trespass and property rights is notable. The Surveyor General’s right of access to marks “at all times” (reg 14) is not explicitly qualified by landowner consent. In practice, access to marks on private land may require a warrant or agreement under other laws, but the Regulations assume a right of entry. This area is a potential source of conflict, especially if the Surveyor General attempts to enter fenced or occupied land without notice.

There is no reference to the Crown Lands Act, the Land Administration Act, or planning legislation. The Regulations are narrow in scope, dealing only with the technical survey process, not with the substantive allocation of land rights.

The Regulations were made on 30 January 1935 and published in the Government Gazette on 1 February 1935. They commenced on that date. The original regulations did not include a citation provision, an interpretation section, or references to the Land Information Authority. The text shows three major amendment events.

First, the Standard Survey Marks Amendment Regulations 2006 (published 29 December 2006, commenced 1 January 2007) inserted the current regulation 1A defining the term “Authority” as the Western Australian Land Information Authority. This replaced earlier references to the Department of Lands and Surveys or a different authority. The 2006 amendments also updated references in regs 4, 10, 13 and 16 to substitute “the Authority” for the previous repository. This was a machinery update to reflect the creation of the Land Information Authority under the 2006 Act. It did not change any substantive survey technical requirements.

Second, the Lands Regulations Amendment (Surveys) Regulations 2021 Part 2 (SL 2021/151, published 31 August 2021, commenced 1 September 2021) made several textual amendments. It inserted regulation 1AA, providing a formal citation as the Standard Survey Marks Regulations 1935. Previously the regulations had no official citation. It also amended regs 3, 4, 5, 7, 8 and 12. The amendments to reg 3 substituted “micrometer theodolite, or other theodolite approved by the Surveyor General” for earlier language that may have been more restrictive. The amendment to reg 4 replaced “the Department’s standard” with “the Authority’s standard”. Regulation 5 was amended to require the surveyor to initial each page where notes appear and bear the date (previously it may have been only the certificate). Regulation 7 was amended to remove redundant words. Regulation 8 was amended to clarify the language. Regulation 12 was amended to refer to officers “specially deputed by the Surveyor General” instead of a specific class. These were largely clarity updates rather than policy changes.

The compilation table confirms that the regulations have been amended only twice in over 80 years. The stability of the text suggests that the surveying profession and the Surveyor General have found the rules workable and that no major reform has been politically or administratively attractive. It also means the regulations have not been modernised to accommodate satellite positioning, digital recording or automated data handling. Licensed surveyors must still use a theodolite with a five-inch circle and steel or invar bands; there is no provision for GPS‑based standard surveys unless the Surveyor General exercises discretion to approve alternative methods under regs 3 or 4.

The source text does not cite any court cases, and no litigation history is recorded in the regulations themselves. This is consistent with the narrow technical nature of the instrument. The Regulations create obligations mainly for licensed surveyors and the Surveyor General, and disputes are likely to be resolved within the administrative framework rather than through litigation. For example, a surveyor whose plan is rejected can seek a variation from the Surveyor General; there is no statutory appeal to a court. The Surveyor General’s discretion is broad, so judicial review would be limited to Wednesbury unreasonableness or procedural unfairness.

There is no evidence of reported decisions interpreting these specific regulations. The parent Act (Standard Survey Marks Act 1924) may have been the subject of cases, but the regulations themselves are not a frequent source of litigation. The cost recovery provision in reg 15 could give rise to debt recovery proceedings, but those would be in the Magistrates Court and unlikely to be reported.

The absence of litigation history is a double‑edged sword. It indicates that the Regulations are stable and accepted, but it also means there is little judicial guidance on ambiguous terms. For example, the phrase “due regard to the nature and convenience of traffic” in reg 8 has never been tested. The meaning of “special circumstances” in reg 6 is undeveloped. A surveyor who pushes the boundary risks being the test case.

Practitioners should not assume that no litigation means certainty. The Regulations are old, and the instruments used in 1935 are different from modern equipment. A dispute over whether a particular theodolite is “approved by the Surveyor General” under reg 3, or whether a certain method of chaining is “approved”, could arise. The Surveyor General’s approval might be given informally, and a challenge could hinge on whether that approval was properly given.

Personal performance requirement. Regulation 5 requires the surveyor to certify that field notes “have been taken in the field by me personally”. Regulation 11 requires the surveyor to certify that the “Standard survey was performed by me personally”. These are absolute: the surveyor cannot rely on a junior employee’s readings. A surveyor who signs the certificate but was not present throughout commits a misrepresentation that could have professional conduct consequences. For firms with multiple offices, this may limit the number of standard surveys a single licensed surveyor can handle simultaneously.

No provision for modern technology. The Regulations mandate a theodolite of at least five inches in diameter with sensitive bubbles, and steel or invar bands tested against the Authority’s standard. There is no mention of electronic distance measurement, total stations, GNSS or digital levelling. While the Surveyor General can approve alternative equipment under regs 3 and 4 (micrometer theodolite “or other theodolite approved” and method of chaining “as approved”), the default is vintage technology. A surveyor who wants to use a robotic total station or GNSS must seek prior approval, which may take time and may be granted subject to conditions not captured in the Regulations.

Temperature and tension recording. Regulation 4 requires temperature to be observed “as each length is taken” and shown in field notes. Regulation 5 requires that in each field record the “temperature and tension at which the chain used is standard shall be plainly noted”. This creates two separate temperature records: the standardisation temperature of the band itself (which may be on a certificate from the Authority) and the field temperature at every measurement. Both must be recorded. Overlooking this could invalidate the survey.

One half link per mile error limit. Regulation 6 sets a tight tolerance. While not particularly onerous for modern instruments, the requirement that the survey be closed to that limit and that any field work failing to meet it be rejected (unless the Surveyor General allows a different limit) means re‑measurement is likely. The cost of re‑measurement is borne by the surveyor or their client.

Cost recovery without cap. Regulation 15 says the cost of safeguarding marks shall be paid by and be recoverable from the person, local authority or government department who proposes the interfering work. There is no limit on the amount. The Surveyor General could engage expensive contractors, and the party who gave notice must pay. The party who does not give notice may face a different liability under the Act or common law, but the Regulations do not specify that cost recovery applies only after notice. The safe approach is to notify early, but even then the cost is uncertain.

Delivery of certified copies on demand. Regulation 16 requires the Registrar of Titles, the Public Works department and the local authority to deliver their certified copies to the Surveyor General on demand if an alteration is made. This imposes an obligation on those bodies to maintain the physical copies and to return them when required. For a local authority, losing the certified copy could create a gap in the title record. The Regulations do not say what happens if the copy is lost - presumably the Surveyor General would need to prepare a new one.

No transition period for amended marks. Regulation 16 contemplates alteration of an approved standard survey after the fact. The surveyor who performed the original survey is not notified and has no right to object. The alteration could affect the surveyor’s own records and subsequent surveys tied to those marks. The Regulations do not require the Surveyor General to inform affected surveyors or landowners.

The surveyor must start by obtaining instructions from the Surveyor General (reg 1). This is a preliminary step not often mentioned in private surveys: the surveyor cannot simply decide to perform a standard survey; it must be authorised. In practice, local authorities or the Department of Planning, Lands and Heritage typically initiate the work, so the surveyor should confirm that written instructions exist.

The surveyor must ensure they hold a current licence under the Licensed Surveyors Act 1909 and that the licence covers standard surveys. Compliance with the Regulations is personal: the surveyor must perform the field observations themselves, not delegate them. If the surveyor employs other licensed surveyors, each must personally perform the surveys they are responsible for.

Instrument and measurement compliance requires selecting a micrometer theodolite of at least five inches diameter (or a theodolite specifically approved by the Surveyor General). The instrument must have sensitive bubbles. The surveyor should maintain evidence of approval if using non‑standard equipment. For linear measurements, a steel or invar band must be tested against the Authority’s standard at intervals described by reg 4 as “frequently”. The surveyor should keep a calibration log. In the field, a constant tension device must be used, and the tension value must be recorded in the field record. Temperature must be observed and recorded for each length measurement. The method of chaining must be approved; if the surveyor intends to use a non‑traditional method (e.g., electronic distance measurement or tape with a different support system), approval should be obtained in writing from the Surveyor General before commencing.

Angular measurement must follow the repetition method: at least four repetitions per angle, reading both verniers or both microscopes each time, alternating circle left and circle right, and recording all readings. The field record must show the number of repetitions, the orientation of the circle, and the raw readings. Acceptable error must stay within one half link per mile closure, unless a special limit is approved.

Field records must be maintained in a bound or systematic format. Every page where notes appear must be initialed by the surveyor and bear the date of the survey. The surveyor must sign a certificate at the end of the field record stating the notes were taken personally. It is safest to sign and date immediately after the last field observation, not later.

On completion, the surveyor draws a plan to a scale approved by the Surveyor General, showing details at street corners (reg 10). The plan must bear a certificate under reg 11, signed and dated, stating that the survey was performed personally in strict accordance with the Regulations and that the plan is accurate. The field notes and plan are then lodged with the Authority (reg 10). The surveyor should keep certified copies for their own records as the Regulations do not guarantee return.

If during the survey the surveyor encounters a standard survey mark that has been moved or destroyed, they must forthwith report to the Surveyor General (reg 17). This duty applies even if the mark is not part of the current standard survey. The report should include the mark’s identification, location and observed condition.

After lodgment, the surveyor has no further obligation under these Regulations unless the Surveyor General later alters the survey. The surveyor is not entitled to notice of alteration.

Local authorities and government departments that receive certified copies must keep them secure and return them on demand if the survey is altered (reg 16). They must also give notice to the Surveyor General before starting any work that could interfere with a standard mark, and must pay the cost of any safeguarding measures on demand. They cannot proceed until the Surveyor General confirms safeguard steps have been taken (reg 15). This means they should incorporate a check for standard survey marks into their project planning and budget for possible protection costs.