sec.42Offence about interfering with survey mark

### sec.42 Offence about interfering with survey mark A person must not interfere with a survey mark the existence of which the person knows or ought reasonably to know, unless— for a cadastral survey mark for a boundary—the person interferes with the mark in order to erect a fence, wall or other permanent structure along the boundary; or for a recognised permanent survey mark—the person interferes with the mark under an authority given under section 43 ; or for a mark other than a recognised permanent survey mark—the person, before interfering with the mark— causes a survey to be carried out to establish the relationship between the mark and at least 2 recognised permanent survey marks; and gives the chief executive a copy of the plan of survey; or the person has a reasonable excuse. Maximum penalty—100 penalty units. It is not a reasonable excuse for a person to interfere with a survey mark if the person could have obtained, but did not seek, an authority under section 43 for the interference. (sec.42-ssec.1) A person must not interfere with a survey mark the existence of which the person knows or ought reasonably to know, unless— for a cadastral survey mark for a boundary—the person interferes with the mark in order to erect a fence, wall or other permanent structure along the boundary; or for a recognised permanent survey mark—the person interferes with the mark under an authority given under section 43 ; or for a mark other than a recognised permanent survey mark—the person, before interfering with the mark— causes a survey to be carried out to establish the relationship between the mark and at least 2 recognised permanent survey marks; and gives the chief executive a copy of the plan of survey; or the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.42-ssec.2) It is not a reasonable excuse for a person to interfere with a survey mark if the person could have obtained, but did not seek, an authority under section 43 for the interference. - (a) for a cadastral survey mark for a boundary—the person interferes with the mark in order to erect a fence, wall or other permanent structure along the boundary; or - (b) for a recognised permanent survey mark—the person interferes with the mark under an authority given under section 43 ; or - (c) for a mark other than a recognised permanent survey mark—the person, before interfering with the mark— (i) causes a survey to be carried out to establish the relationship between the mark and at least 2 recognised permanent survey marks; and (ii) gives the chief executive a copy of the plan of survey; or - (i) causes a survey to be carried out to establish the relationship between the mark and at least 2 recognised permanent survey marks; and - (ii) gives the chief executive a copy of the plan of survey; or - (d) the person has a reasonable excuse. - (i) causes a survey to be carried out to establish the relationship between the mark and at least 2 recognised permanent survey marks; and - (ii) gives the chief executive a copy of the plan of survey; or