sec.19Reinstating existing boundaries

### sec.19 Reinstating existing boundaries This section applies if a cadastral surveyor carries out, or is responsible for carrying out, a cadastral survey to find out the position of an existing boundary on land. The cadastral surveyor must ensure each of the following for the cadastral survey— evidence of the position of the existing boundary on the land is identified by locating the positions, and finding the descriptions, of existing survey marks and permanent improvements on the land that have been used to define the boundary; primary consideration is given to the existing survey marks on the land unless there is other evidence to suggest that the existing marks are incorrectly placed or disturbed; the original measurements the position of a permanent improvement on the land a statement by an occupier of the land if an existing survey mark is incorrectly placed or disturbed— the position of the mark is recorded; and the mark is reinstated in accordance with the hierarchy of reinstatement evidence; if a discrepancy arises in relation to the placement of an existing survey mark, the following details are included in the survey records— a clear description of the survey mark; sufficient information to show the discrepancy; if the plan of survey is to be registered under a registration Act, sufficient information to enable the registering entity to register the plan; if a natural feature forms a boundary of the land, determine if the position of the feature is significantly different from the position marked on the registered plan for the land; A cadastral surveyor may be required to decide whether or not the location at law of a tidal or non-tidal boundary, as provided for in part 7 of the Act , is consistent with the boundary’s position as marked on the registered plan for the land. any encroachments on the land are recorded; the position of any permanent improvements on the land that affect, or are affected by, any reinstated boundary are recorded. Maximum penalty—10 penalty units. In this section— registered plan means a plan registered under a registration Act. (sec.19-ssec.1) This section applies if a cadastral surveyor carries out, or is responsible for carrying out, a cadastral survey to find out the position of an existing boundary on land. (sec.19-ssec.2) The cadastral surveyor must ensure each of the following for the cadastral survey— evidence of the position of the existing boundary on the land is identified by locating the positions, and finding the descriptions, of existing survey marks and permanent improvements on the land that have been used to define the boundary; primary consideration is given to the existing survey marks on the land unless there is other evidence to suggest that the existing marks are incorrectly placed or disturbed; the original measurements the position of a permanent improvement on the land a statement by an occupier of the land if an existing survey mark is incorrectly placed or disturbed— the position of the mark is recorded; and the mark is reinstated in accordance with the hierarchy of reinstatement evidence; if a discrepancy arises in relation to the placement of an existing survey mark, the following details are included in the survey records— a clear description of the survey mark; sufficient information to show the discrepancy; if the plan of survey is to be registered under a registration Act, sufficient information to enable the registering entity to register the plan; if a natural feature forms a boundary of the land, determine if the position of the feature is significantly different from the position marked on the registered plan for the land; A cadastral surveyor may be required to decide whether or not the location at law of a tidal or non-tidal boundary, as provided for in part 7 of the Act , is consistent with the boundary’s position as marked on the registered plan for the land. any encroachments on the land are recorded; the position of any permanent improvements on the land that affect, or are affected by, any reinstated boundary are recorded. Maximum penalty—10 penalty units. (sec.19-ssec.3) In this section— registered plan means a plan registered under a registration Act. - (a) evidence of the position of the existing boundary on the land is identified by locating the positions, and finding the descriptions, of existing survey marks and permanent improvements on the land that have been used to define the boundary; - (b) primary consideration is given to the existing survey marks on the land unless there is other evidence to suggest that the existing marks are incorrectly placed or disturbed; Examples of other evidence— • the original measurements • the position of a permanent improvement on the land • a statement by an occupier of the land - • the original measurements - • the position of a permanent improvement on the land - • a statement by an occupier of the land - (c) if an existing survey mark is incorrectly placed or disturbed— (i) the position of the mark is recorded; and (ii) the mark is reinstated in accordance with the hierarchy of reinstatement evidence; - (i) the position of the mark is recorded; and - (ii) the mark is reinstated in accordance with the hierarchy of reinstatement evidence; - (d) if a discrepancy arises in relation to the placement of an existing survey mark, the following details are included in the survey records— (i) a clear description of the survey mark; (ii) sufficient information to show the discrepancy; (iii) if the plan of survey is to be registered under a registration Act, sufficient information to enable the registering entity to register the plan; - (i) a clear description of the survey mark; - (ii) sufficient information to show the discrepancy; - (iii) if the plan of survey is to be registered under a registration Act, sufficient information to enable the registering entity to register the plan; - (e) if a natural feature forms a boundary of the land, determine if the position of the feature is significantly different from the position marked on the registered plan for the land; Example— A cadastral surveyor may be required to decide whether or not the location at law of a tidal or non-tidal boundary, as provided for in part 7 of the Act , is consistent with the boundary’s position as marked on the registered plan for the land. - (f) any encroachments on the land are recorded; - (g) the position of any permanent improvements on the land that affect, or are affected by, any reinstated boundary are recorded. - • the original measurements - • the position of a permanent improvement on the land - • a statement by an occupier of the land - (i) the position of the mark is recorded; and - (ii) the mark is reinstated in accordance with the hierarchy of reinstatement evidence; - (i) a clear description of the survey mark; - (ii) sufficient information to show the discrepancy; - (iii) if the plan of survey is to be registered under a registration Act, sufficient information to enable the registering entity to register the plan;