Survey Co-ordination Act 1944

The Act builds around a compact set of technical and administrative concepts. The central plan office and the central plan register are the institutional and record-keeping cores (s 3, s 8(1)). The register must be in the prescribed form and contain prescribed classifications and particulars (s 8(1)). The Surveyor-General is a State Service officer or employee appointed under the State Service Act 2000 who must be a surveyor registered under the Land Surveyors Act 1909 (s 3A(1)). The Surveyor-General performs functions and duties of the Director-General of Lands when so appointed by the Minister, and acts done by the Surveyor-General in that role are treated as acts of the Director-General (s 3A(2)-(3)).

Definitions in s 2 shape the scope: "public authority" is broad and includes Agencies within the meaning of the State Service Act 2000, councils and statutory bodies authorised or required to make surveys, or whose functions require surveys or lodging of plans (s 2). "Plan" is defined broadly to include plans, maps, aerial photographs or descriptions made or obtained as part of any survey (s 2). "Survey" is also defined substantively to capture measurement of form, contour, position, area, levels, boundaries and similar particulars (s 2). "Permanent marks" are physical reference marks established in the field as prescribed and required by the Surveyor-General to enable connection of local or general surveys to state triangulation (s 6(1)(b), s 11(1)-(3), s 14).

Registration and classification are discretionary but structured. The Surveyor-General, after such inquiry as he thinks necessary, enters into the central plan register those plans forwarded under the Act that "appear to him to be of general value for the purposes of this Act" (s 8(2)). For plans judged sufficiently valuable, the Surveyor-General marks or stamps particulars of registration and classification on the plan (s 8(2)). The Surveyor-General may require lodging of plans with the central plan office, notwithstanding other enactments, but in the case of government departments or Agencies lodging may require ministerial or head consent (s 8(3)(a), (ab), (b)). Registered plans in public authority possession cannot be destroyed or removed without the Surveyor-General’s written consent (s 8(4)). Alterations to registered plans must be notified within 14 days and if lodged, an alteration plan must be provided (s 8(5)).

Accuracy standards and technical controls are present. Every survey, excluding those for Land Titles Act 1980 purposes, must comply with measurement and accuracy standards prescribed by regulations (s 6(3)). Surveys in or contiguous to proclaimed survey areas must be connected to at least two established survey marks for the proclaimed area, directly or indirectly as authorised, and a plan that does not show the required certified connections is invalid under any Act (s 11(3)). The Governor’s regulation power includes prescribing the establishment of permanent marks, plan conventional signs and permitting the Surveyor-General to call for field notes (s 21(a)-(c)). The Surveyor-General also has duties to advise proper officers and registered surveyors about registered plans and proposed surveys which may make other surveys unnecessary and to take steps to avoid duplication (s 12).

The Act recognises confidentiality and national security style exclusions. The Surveyor-General may, on application by a public authority or registered surveyor and subject to conditions, exempt particular surveys or plans from any provisions of the Act if compliance would disclose information adverse to the public or the applicant (s 19). That provides an administrative carve out for sensitivity without broad statutory secrecy clauses.

The Act primarily binds and regulates public authorities, their officers, registered surveyors, Commonwealth survey officers, landowners where permanent marks are located, and the State through the Surveyor-General and the Department in which the central plan office is established. The Act defines "public authority" as including Agencies under the State Service Act 2000, councils and any statutory bodies authorised or required to make surveys or to have plans lodged with them (s 2). For these entities the Act imposes a sequence of duties: appointment of a proper officer to handle lists and compliance (s 2, s 4(2)), compilation of lists of plans already held (s 4(1)), ongoing returns every six months (s 7), notice before commencing new surveys (s 5), compliance with Surveyor-General requirements in respect of connections, permanent marks and forwarding of plans (s 6), and obligations about custody and alteration of registered plans (s 8(4)-(5)).

Registered surveyors are affected both as persons liable to carry out certification of connectivity and accuracy, and as applicants for exemptions under s 19. The Act explicitly entitles every surveyor, Commonwealth survey officer, and persons authorised in writing by the Surveyor-General to inspect registered plans in the central plan office at reasonable times (s 9(1)-(2)). Surveyors must certify connections when required by s 6 and s 11, and must report irregularities or destroyed/missing marks (s 16(1)). Commonwealth survey officers have inspection rights and copy supply entitlements (s 9(1), s 10(a)).

Private landowners are affected when permanent marks are established on their land. The Surveyor-General may establish permanent marks with the owner or occupier's consent on private land (s 14(2)(d)), and any person authorised by the Surveyor-General or a proper officer is entitled to access such private land at reasonable times to establish, inspect, maintain or connect surveys to the permanent mark (s 14(2)). Maintenance costs allocation depends on where marks are placed: marks placed on Crown land, public authority land, public thoroughfares, or private land have different maintenance cost responsibilities spelled out in s 14(3)-(4).

Financially, the State budget and public authority budgets are the named payers for certain items. The cost of surveys authorised and carried out by the Surveyor-General are to be defrayed out of Parliamentary appropriations for survey purposes (s 17). Permanent marks established by the Surveyor-General proposed for proclaimed survey areas are to be established from Parliament-provided moneys and maintained by the relevant authority depending on location (s 14(3)). When permanent marks are required because of a public authority’s survey, their establishment and maintenance are out of moneys available to the authority for that purpose; the Commissioner of Crown Lands can direct alternative arrangements if maintenance causes undue expense (s 14(4)). Public authorities and surveyors can also be charged for copies under s 10, but Commonwealth survey authorities and public authorities are entitled to certain copies free (s 8(8)(a), s 10(a)).

Enforcement and sanction touch a narrower set of actors. The principal criminal sanction in the text is aimed at persons who destroy, remove, injure, deface, or cause alteration in the position of permanent marks established under the Act, carrying a fine between 2 and 20 penalty units (s 20(1)), with courts able to order restitution of replacement costs (s 20(2)). Several previously existing enforcement provisions have been repealed in later amending Acts as indicated in the Act’s text, which affects the current enforcement landscape; the Schedule notes identify multiple repeals (see the bracketed amendment notes accompanying sections 20A-20K).

Finally, statutory officers and Ministers have roles that affect administration. The Surveyor-General holds broad discretionary powers under ss 6, 8 and 11, including the ability to require compliance, to declare proclaimed survey areas (s 11(2)), and to exempt plans on application (s 19). The Minister administering the State Service Act 2000 appoints the Surveyor-General (s 3A(1)), and ministerial consent may be required before the Surveyor-General compels lodging of plans from a Government department or Agency (s 8(3)(a), (ab)).

The Act creates a network of duties for public authorities, surveyors and the Surveyor-General, and rights for inspection and copy supply. For public authorities, the proper officer must compile a list of prescribed particulars of all plans in the authority’s possession which were compiled after 31 December 1910 and forward a certified copy within six months after commencement (s 4(1)(a)-(b)). The proper officer must also file semi-annual returns listing new plans prepared or lodged and surveys carried out where plans have not been made, each within 14 days after 30 June and 31 December (s 7(a)-(b)). Where the Surveyor-General requests, a public authority must appoint a fit and proper person as proper officer for Act purposes (s 4(2)).

Before starting a new survey, a public authority must deliver notice in the prescribed form at least five days before the survey commences, unless urgency makes that impracticable; in urgent cases notice must be given as soon as practicable accompanied by a proper officer’s certificate explaining the failure to give prescribed notice (s 5). Surveyors undertaking a survey on behalf of a public authority must certify original plans or true copies and forward them, and also provide a separate certified sketch showing permanent mark positions and connections, within one month after completion of the plans when so required by the Surveyor‑General (s 6(1)(c), s 6(2)).

The Surveyor-General’s duties and powers are substantial. He may require surveys to be connected to an existing local or general survey or to a specified datum and may require establishment of permanent marks of prescribed kinds (s 6(1)(a)-(b)). He must enter into the central plan register those plans forwarded under the Act which, after such inquiry as he thinks necessary, appear to be of general value for the Act’s purposes, and must mark those plans with prescribed particulars (s 8(2)). He must cause an index or supplementary index of recorded plans to be published in the months and frequency specified in s 8(7), and make portions available without charge to the Commonwealth survey authority and to every public authority (s 8(7)-(8)).

Surveyors and Commonwealth survey officers have express inspection rights. Every surveyor, every Commonwealth survey officer and every person authorised in writing by the Surveyor-General is entitled to inspect any registered plan in the central plan office at reasonable times (s 9(1)), and authorised persons and Commonwealth survey officers may inspect registered plans in the possession of any public authority at reasonable times (s 9(2)). The Surveyor-General may authorise inspection of registered plans kept elsewhere than in the central plan office (s 9(1)).

Public authorities are obliged to supply accurate copies of registered plans on written request from the Surveyor-General. If requested, a public authority must provide an accurate copy free of charge to the Surveyor‑General or to any Commonwealth survey officer (s 10(a)), and must supply copies to any public authority or registered surveyor subject to cost rules: either the charge provided by another Act, or where none exists, a charge not exceeding cost plus 10 per cent (s 10(b)(i)-(ii)). Persons authorised by the Surveyor-General or proper officers have rights of access to land for purposes of establishing, inspecting, maintaining or connecting permanent marks (s 14(2)-(3)).

Specific duties attach to permanent marks. The Surveyor‑General may, after consultation and with the Governor’s consent, cause surveys to be carried out to establish standard permanent marks for connecting local or general surveys to state triangulation (s 11(1)). Once the Surveyor-General reports that marks exist or are established, the Governor may proclaim a survey area; after proclamation, surveys within or contiguous to that area must be connected to at least two established survey marks and include certified connections, otherwise the plans are invalid for any statutory purpose (s 11(2)-(3)). Surveyors must report any irregularity, destruction or discrepancy between measurements and registered plans to the Surveyor‑General (s 16(1)), and officers or employees who are not surveyors must report destroyed or removed marks to their proper officer who must notify the Surveyor‑General (s 16(2)).

The Act also creates a power of exemption. The Surveyor-General may, upon application, exempt any particular survey or plan, either permanently or for a specified period and subject to conditions, from all or any provisions of the Act where compliance would disclose information adverse to public interests or to the applicant (s 19). This gives the Surveyor‑General administrative discretion to limit the Act’s application in specific cases.

Finally, the Act preserves regulatory rule‑making that touches technical particulars. The Governor can make regulations for matters the Act requires or permits, including for establishment of permanent marks, conventional plan signs, and production of field notes (s 21(a)-(c)). Section 6(3) makes compliance with standards of measurement and accuracy prescribed by regulations mandatory for surveys other than those under the Land Titles Act 1980.

The Act’s explicit criminal sanction in the provided text is narrowly tailored to protection of permanent marks. Section 20(1) makes it an offence for any person to destroy, remove, injure, deface, or to directly or indirectly cause an alteration in the position of any permanent mark established or adopted under the Act, punishable by a fine of not less than 2 penalty units and not more than 20 penalty units. Upon conviction the court may order the defendant to reimburse the public authority or body responsible for maintenance for expenses incurred in replacing or re‑establishing the permanent mark (s 20(2)). The Act exempts removal or alteration of marks necessary for building operations provided the removal is effected subject to prescribed notice and re‑establishment procedures (s 20(3)).

Enforcement is not restricted to criminal sanctions. Administrative invalidity is a strong compliance mechanism. For surveys within or contiguous to proclaimed survey areas, s 11(3) makes a plan that does not show the required certified connections "of no validity whatever for any purpose under any Act" unless it shows the connections. That provision creates an administrative and legal consequence: plans not complying with Surveyor-General connection requirements can be rejected by public authorities or may be treated as legally ineffectual for statutory processes, including those under other enactments. The Surveyor‑General’s power to require lodging of plans in the central plan office "notwithstanding anything to the contrary contained in any enactment other than this Act" (s 8(3)) is another administrative enforcement lever: a public authority may be compelled to lodge a plan regardless of other statutory custody rules, subject to consent prerequisites for government departments or Agencies (s 8(3)(a)-(ab)).

Several procedural obligations impose compliance risk. Proper officers must compile and forward lists and returns (ss 4, 7), and failure to comply could lead to administrative direction or further action, although the text does not specify a separate penalty for failure to lodge lists. The Surveyor-General can call for the production of field notes under regulations (s 21(c)), and a public authority or surveyor required to supply copies or plans under s 10 and s 8(3) must comply or risk administrative consequences. The power to exempt (s 19) is an enforcement-adjacent discretion that can be used by the Surveyor‑General to manage sensitive materials, and so reduces the need for statutory secrecy orders but increases dependence on administrative decision-making.

The Act contains indications of substantial amendment and repeal of earlier enforcement provisions, as the text annotates many subsections as repealed (for example 5A, sections 20A-20K, 20AB etc). That means enforcement options that may have previously existed have been removed; the current text therefore relies on the combination of the permanent‑mark criminal offence (s 20), plan invalidity in proclaimed areas (s 11(3)), administrative powers to require lodging and production (s 8, s 21), and the normal machinery of prosecution and court-ordered restitution under s 20(2).

Regulations made by the Governor can prescribe additional enforcement tools. Section 21 gives the Governor broad regulation-making authority for carrying out or giving effect to the Act, including establishment of permanent marks and compelling field notes, which can be used to create procedural offences or obligations by subordinate instrument. The Act therefore establishes a mixed enforcement architecture: a single specified criminal offence backed by administrative invalidity, compulsion to lodge records, inspection and copy rights, and regulation-making capacity to elaborate technical compliance obligations.

The Act explicitly cross-references and integrates with several other statutes and administrative frameworks. Definitions and appointments are tied to the State Service Act 2000 and the Land Surveyors Act 1909. Section 2 adopts the word "Agency" and the meaning of "public authority" as used in the State Service Act 2000 for some purposes, and s 3A(1) expressly requires that a Surveyor‑General be a State Service officer or employee and a surveyor registered under the Land Surveyors Act 1909. This links the Act’s appointment and classification mechanics to the State Service employment regime and the professional registration framework for surveyors.

The Act excludes surveys and plans prepared for the purposes of the Land Titles Act 1980 from certain provisions. Section 6(3) states that every survey not being a survey carried out for the purposes of the Land Titles Act 1980 must comply with measurement and accuracy standards prescribed by regulations; s 6(4) also limits requirements for plans prepared for description of areas or boundaries under an Act or proclamation to those the Surveyor‑General considers necessary. This creates a statutory boundary between title survey practice under the Land Titles Act and the general survey and plan regime governed by this Act.

Section 8(3) allows the Surveyor-General to require lodging of plans "notwithstanding anything to the contrary contained in any enactment other than this Act." That is a specific non-derogation clause enabling the Surveyor-General’s direction to override other statutes except this Act, subject in the case of government departments or Agencies to ministerial or head consent (s 8(3)(a)-(ab)). Where plans are in the possession of other public authorities, lodging may be required with consent of the chairman, president or chief executive (s 8(3)(b)). Those consent mechanisms create interaction points with other administrative custody or records statutes.

The Act contemplates interaction with land ownership and municipal maintenance responsibilities. Section 14(2) provides for establishment of permanent marks on Crown land, land vested in public authorities, public thoroughfares after consultation with the relevant council officer, or private land with owner consent. The maintenance burden for permanent marks is allocated according to where the mark is situated: public authority land is to be maintained by the authority (s 14(3)(a)), public roads by the authority charged with their maintenance (s 14(3)(b)), private land marks by the Surveyor‑General (s 14(3)(c)), and other marks by the local council (s 14(3)(d)). The Commissioner of Crown Lands may direct maintenance by another authority if the maintenance imposes undue expense (s 14(4)), creating a direction-making interaction with the Commissioner’s administrative powers.

The Act also creates an administrative interface with land titling processes. Section 15(2) requires the Surveyor‑General to give notice to the Recorder of Titles of establishment, removal or alteration of permanent marks where he considers that the change is likely to affect a plan lodged or retained in the Recorder’s office. That is a positive duty to communicate survey infrastructure changes to the statutory custodian of title records.

Regulations under s 21 can specify further procedural interactions by permitting the Surveyor‑General to call for field notes, prescribe conventional signs on plans, and regulate establishment of permanent marks. Those regulations will likely reference technical standards and could require harmonisation with regulations under other land administration statutes.

Finally, the Act embeds the Surveyor‑General within the Director‑General of Lands’ functions when the Minister appoints that officer for particular duties, and declares acts of the Surveyor‑General in that role to be acts of the Director‑General (s 3A(2)-(3)). That legal fiction ensures institutional alignment with the broader land administration machinery.

The text of the Act as provided contains numerous amendment annotations. Significant insertions, amendments and repeals are recorded in the section notes. Key changes recorded in the text include:

• Section 2 (Interpretation) has multiple historical amendments noted, including by No. 30 of 1953, No. 29 of 1984, No. 30 of 1995 and No. 1 of 2020 (Sched. 3), with the latter applied from 1 July 2020, indicating ongoing evolution of definitions and cross-references (see bracketed amendment notes after s 2).
• Section 3 (Establishment of central plan office) was amended by No. 5 of 1990 (s 3 and Sched. 1).
• Section 3A (Appointment of Surveyor-General) was inserted by No. 5 of 1990 and carries amendment annotations from No. 86 of 2000 (Sched. 1), which applied from 01 May 2001, and others. The insertion formalises appointment of a State Service officer as Surveyor‑General and bridges to the State Service Act 2000 and Land Surveyors Act 1909 (s 3A and its amendment notes).
• Section 5A was inserted (No. 30 of 1953) then later repealed by No. 44 of 2005 (Sched. 1), applied 24 November 2005, showing piecemeal removal of formerly active provisions.
• Section 6 has a notation of amendment by No. 17 of 1996 with applied date 10 April 2002 for subsection (1), and subsection (3) and (4) record amendment by No. 93 of 1984 and by No. 5 of 1990. These amendments reflect changes to technical standards and scope of application.
• Section 8 records amendments by No. 29 of 1984 and No. 86 of 2000, and No. 17 of 1996; those notes affect the Surveyor‑General’s power to require lodging and the consent requirements for government departments and Agencies.
• Several later amendments and repeals appear in the s 20 series. Sections 20A through 20K, and related sections such as 20AB, 20B, 20C, 20D and subsequent subsections, have complex amendment histories, with many of those sections ultimately repealed by No. 1 of 2020, Sched. 3, applied 01 Jul 2020. The text marks multiple insertions by No. 30 of 1953 and later amendments, but many of those provisions have been repealed in 2020. This indicates a consolidation or simplification of that penal or procedural regime.
• Section 21 (Regulations) records amendment by No. 17 of 1996 and remains the locus for subordinate lawmaking under the Act.

The bracketed notes in the Act text identify the exact amending instruments and in several cases the applied dates. They show a legislative pattern over decades: early mid‑20th century insertions (1953, 1955, 1964), consolidations and technical amendments in the 1980s and 1990s, and a notable set of repeals and consolidations in 2020. The 1990 insertion of s 3A and the cross-linking to the State Service Act and the Land Surveyors Act reflect administrative modernisation. The 2020 repeals compressed or removed sections in the s 20 range, leaving the central architecture (central plan office/register, Surveyor‑General powers, notice and registration obligations, and permanent mark offences) intact in the text provided.

The Act retains a broad regulation-making power in s 21, preserving the possibility that technical standards and procedural detail will be adjusted by subordinate instruments rather than primary legislation. Users should consult the contemporary consolidated Act and its schedules for the precise text and the notes to identify any further repeals or amendments beyond those annotated in the extract.

The supplied statute text includes no reported cases or litigation extracts and names no judicial decisions. Therefore there is no litigation history embedded in the source to cite. That absence does not mean the Act has not been the subject of disputes; it simply means the Act text as provided contains no express references to judicial interpretation or decided cases.

From the Act’s structure one can identify likely legal questions that commonly generate litigation or judicial review, and these are grounded in the statutory provisions. Potential litigation themes, each rooted in the Act’s text, include:

• Discretionary power review: The Surveyor-General has several subjective and discretionary powers, including deciding which plans are "of general value" to enter in the central plan register (s 8(2)), authorising indirect survey connections (s 11(3)-(4)), and granting exemptions from the Act’s provisions (s 19). Courts could be asked to review whether the Surveyor‑General’s inquiries were reasonable or whether he exercised power unlawfully, particularly where an administrative decision has material consequences such as plan lodging or plan validity.
• Validity of plans: Section 11(3) strips statutory validity from plans that do not show required certified connections in proclaimed survey areas. Disputes may arise over whether particular connectivity meets the statutory standard, whether the Surveyor‑General properly authorised an indirect connection, or whether a plan’s lack of certification voids downstream property or statutory decisions. Judicial interpretation of "certified by the surveyor" and the scope of "of no validity whatever for any purpose under any Act" might be contested.
• Compulsion and inter‑statutory conflict: Section 8(3) permits the Surveyor‑General to require lodging notwithstanding other enactments except the Act itself. Litigation could test the scope of that "notwithstanding" clause, and the consent mechanism for government departments and Agencies in s 8(3)(a)-(ab) could be a point of contention where ministerial consent is withheld or requirements are contested.
• Enforcement and penalties: Section 20 imposes fines for interference with permanent marks and allows courts to order restitution. Disputes could arise about thresholds for conviction, the mens rea required, and the proper quantum of restitution. The interaction of s 20(3) with required notice and re‑establishment procedures for building works could be litigated where marks are removed for construction and the procedural prescriptions are not followed.
• Freedom to inspect and access private land: The Act authorises access to privately owned land for establishment, inspection and maintenance of permanent marks (s 14(2)), with owner consent required for initial establishment on private land. Disputes may arise about the scope of implied access rights, what constitutes "reasonable times," and whether the Surveyor‑General or authorised persons may compel access beyond the owner's consent in certain cases.
• Exemption decisions and public interest: Where the Surveyor‑General grants or denies an exemption under s 19 on grounds of adverse public interest or security, there could be judicial review of evidence and procedural fairness, particularly for commercial surveyors or public authorities that claim legitimate need for information retention or disclosure.

These litigation themes derive from the Act’s statutory architecture, not from any judicial exposition supplied in the text. Parties contemplating litigation should consider administrative law remedies, statutory interpretation principles, and the Act’s regulatory and recording consequences such as invalidity of plans and compulsory registration. Where regulatory standards are prescribed by delegated legislation (s 21), challenges may also concern the validity of those regulations and whether their technical requirements align with primary legislation.

Several practical and legal traps are baked into the Act’s mechanics and timelines. Practitioners and compliance officers must watch for short deadlines, mandatory formality, consent requirements, and administrative discretion that carries legal consequences.

Time windows and notice: A proper officer must compile an initial list of existing plans within six months of commencement and forward a certified copy to the Surveyor‑General (s 4(1)). Semi‑annual returns are due within 14 days after the end of June and December respectively (s 7). Failure to meet these timelines may not attract a specific statutory fine in the text, but non‑compliance will expose the authority to directions, inability to rely on plans for statutory processes, or loss of administrative standing with the Surveyor‑General.

Short pre-survey notice: Section 5 requires that surveys cannot commence unless a notice in the prescribed form is delivered to the Surveyor‑General at least five days before commencement. The only explicit exception is where urgency makes it impracticable; in that case notice must be given as soon as practicable and must be accompanied by a proper officer’s certificate setting out reasons for the failure to give the prescriptive notice. That creates a documentary risk: if an authority commences an urgent survey without timely notice and fails to properly record the urgency certificate, the Surveyor‑General may later treat the survey as non‑compliant.

Mandatory connections and plan invalidity: For proclaimed survey areas, s 11(3) requires connection to at least two established marks and certification of connection by the surveyor; absence of the required connection or certification renders the plan of "no validity whatever for any purpose under any Act." This is a high‑stakes provision. If a plan filed with a land administration or regulatory body lacks the certified connection, it may be unusable for statutory processes, which can delay projects, transfers or approvals. Ensuring that the Surveyor‑General has authorised any indirect connections and that authorisation is attached to the plan is critical (s 11(4)).

Consent and ministerial approvals: When the Surveyor‑General identifies a registered plan in a Government department or Agency that should be lodged in the central plan office, lodging requires the consent of the Minister administering the department or the Head of the Agency (s 8(3)(a)-(ab)). Similarly, for plans in other public authorities, the consent of the chairman, president or chief executive officer is required. That means political or executive hold‑ups can block centralisation efforts; practitioners should secure written consents and keep records.

Destruction and maintenance of permanent marks: Section 8(4) prohibits destruction or removal of registered plans in a public authority’s possession without the Surveyor‑General’s written consent. Permanent marks are protected under s 20, with a monetary penalty of 2 to 20 penalty units. But s 20(3) provides an exception for removal or alteration necessary for erection or reconstruction of buildings, provided prescribed notice and re‑establishment procedures are followed. Projects that change ground levels or infrastructure must manage statutory notice and re‑establishment obligations to avoid contravention and possible fines plus ordered restitution under s 20(2).

Access to private land: Although the Surveyor‑General may establish permanent marks on private land with owner consent (s 14(2)(d)), s 14(2) also grants authorised persons access at reasonable times to establish, inspect and maintain marks. The line between consensual access for initial placement and regulatory access for ongoing maintenance can be contentious; proper written consents and records of authorisations are essential to avoid trespass claims or disputes.

Exemptions and disclosure risk: The Surveyor‑General can exempt surveys or plans from the Act’s provisions if compliance would disclose information adverse to the public or to the applicant (s 19). Users seeking exemption must apply and be prepared for discretionary balancing. Reliance on exemption without formal written authorisation risks non‑compliance with other provisions and potential administrative penalties.

Copy charges and cost recovery: Public authorities must provide copies free to the Surveyor‑General and Commonwealth survey officers (s 10(a)). For other recipients, the charge is either that provided by another Act or, where none exists, cost plus 10 per cent (s 10(b)). Authorities should ensure their cost recovery practices are consistent with s 10 to avoid disputes with recipients.

Ambiguities in departmental references: The Act establishes a central plan office "in the Department" (s 3) without naming the Department in the excerpt. Practices that assume a particular departmental home without formal designation risk administrative confusion. Verify which Department currently houses the central plan office before relying on the Act’s administrative provisions.

Repealed provisions: Several formerly operative sections (notably in the 20A-20K range) have been repealed (see the bracketed notes). Practitioners must ensure they consult the consolidated Act to avoid relying on repealed authorities. Relying on now‑repealed enforcement or procedural powers could lead to compliance gaps.

Regulatory dependence: Many technical standards and procedural details are to be set by regulation (s 6(3), s 21). If those regulations are outdated or inconsistent with practice, surveyors and authorities must be cautious and seek clarification from the Surveyor‑General to avoid technical non‑compliance.

Public authorities, surveyors and professionals interacting with survey records should adopt a compliance checklist that maps directly to statutory duties and timelines. The following practical steps are grounded in the Act’s provisions.

1. Appoint and record a proper officer. Ensure a fit and proper person is appointed as proper officer where required, and that appointment is documented, because the proper officer has core duties under ss 4 and 7 and the authority may be required to designate one on the Surveyor‑General’s request (s 4(2)).

2. Compile and forward initial inventories. Within six months after commencement of the Act (or on taking responsibility for the function), compile a list of prescribed particulars for all plans in the authority’s possession compiled after 31 December 1910, certify completeness and correctness, and forward a copy to the Surveyor‑General (s 4(1)(a)-(b)).

3. Maintain semi‑annual returns. Prepare and forward lists of plans prepared or lodged, and surveys carried out without finished plans, for each six‑month period ending 30 June and 31 December. Deliver those returns within 14 days after the period ends (s 7).

4. Implement pre‑survey notice procedures. Do not commence a survey unless a notice in the prescribed form has been delivered to the Surveyor‑General at least five days before the survey begins (s 5). For urgent surveys, document the reasons for urgency and obtain a certificate from the proper officer as soon as practicable to accompany late notice, as required.

5. Comply with connection and mark requirements. If the Surveyor‑General requires connection to existing surveys, specified datums, or the establishment of permanent marks, ensure the surveying team connects the survey accordingly and establishes prescribed permanent marks. Forward an original or certified true copy of plans showing the date and certification by the surveyor, together with a certified sketch of permanent marks and connections, to the Surveyor‑General within one month after plan completion when required (s 6(1)(a)-(c), s 6(2)).

6. Adhere to accuracy standards. For non‑Land Titles Act surveys, carry out surveys in accordance with measurement and accuracy standards prescribed by regulations (s 6(3)). Confirm the current regulations under s 21 to ensure technical compliance.

7. Lodge plans when required and secure consents. If the Surveyor‑General requests lodging of plans with the central plan office, comply. For plans in Government department possession or Agency possession, obtain the Minister’s or Head’s written consent where required before lodging under s 8(3)(a)-(ab). For plans held by other public authorities, obtain consent of the chairman, president or CEO where required (s 8(3)(b)).

8. Preserve registered plans and report alterations. Do not destroy or remove a registered plan from public authority possession without written consent of the Surveyor‑General (s 8(4)). If alteration occurs, notify the Surveyor‑General within 14 days and forward a plan showing the details of the alteration if a copy is lodged (s 8(5)).

9. Facilitate inspections and copy supply. Allow authorised surveyors and Commonwealth survey officers to inspect registered plans at reasonable times (s 9). Supply accurate copies to the Surveyor‑General and Commonwealth survey officers free of charge upon written request (s 10(a)). For other recipients, apply charges consistent with s 10(b): either charges provided by another Act or cost plus 10 per cent where no other Act specifies a fee.

10. Manage permanent marks responsibly. For marks established on public authority land, ensure the authority’s budget provides for maintenance where required (s 14(3)-(4)). If maintenance would involve undue expense, apply to the Commissioner of Crown Lands for a direction that the Surveyor‑General or another body assume maintenance (s 14(4)). When removing marks for necessary construction, follow any prescribed notice and re‑establishment procedures under s 20(3).

11. Report irregularities promptly. If a surveyor discovers irregularities, destruction, removal, or disrepair of permanent marks, or discrepancies between measured results and registered plans, furnish a written report to the Surveyor‑General (s 16(1)). Non‑surveyor staff who discover destroyed or displaced marks must report to their proper officer, who must notify the Surveyor‑General (s 16(2)).

12. Seek exemptions where disclosure risk exists. If compliance with registration or disclosure provisions would reveal information likely to adversely affect public interests or the authority, apply to the Surveyor‑General for an exemption in writing, specifying grounds and proposed conditions (s 19).

13. Attach authorisations to plans for proclaimed areas. For surveys in proclaimed areas, ensure any authorisations for indirect connection granted by the Surveyor‑General are given in writing and attached to the plan so the plan may be treated as compliant under s 11(4).

14. Keep field notes, consents and certification on file. Anticipate requests under regulations for production of field notes (s 21(c)). Keep chain‑of‑custody records, written consents, ministerial approvals, and surveyor certifications with the plan to evidence compliance in audits or disputes.

15. Consult the Surveyor‑General and current regulations early. Because the Surveyor‑General has broad powers to require connections, declare proclaimed areas, and set classification, consult early with the Surveyor‑General’s office to resolve ambiguities in connections, mark placement, lodging requirements and prescribed forms to mitigate the risk of plan invalidity and enforcement action.

By operationalising these steps into administrative checklists, training and budgeting, public authorities and survey practitioners can map statutory duties to internal processes and reduce legal, operational and financial risk.