This Act creates a State control survey and cadastre, requires individual registration for paid land and mining survey work, and establishes a Board and Registrar to licence, investigate and discipline surveyors. It gives the Surveyor‑General powers to coordinate and adjust public surveys, authorises entry to locate and maintain marks, and creates offences for unregistered practice, obstruction or tampering. It affects surveyors, firms that supply surveying services, and public authorities maintaining survey marks.
The Surveying and Spatial Information Act 2002 (the Act) performs five core functions. First, it establishes a closed profession for land and mining surveyors. Only individuals registered under Part 3 may carry out a “land survey” or “mining survey” for fee or reward or advertise willingness to do so (ss 21 and 22). A land survey is defined in s 3(1) as any survey connected with reservation or dedication of land, creation or transfer of interests in land, preparation of plans for lodgment under Division 3 of Part 23 of the Conveyancing Act 1919, preparation of documents under the Strata Schemes Development Act 2015, or identification or marking of boundaries. A mining survey is a survey carried out for the purposes of the Work Health and Safety (Mines and Petroleum Sites) Act 2013.
Second, the Act creates and maintains the State cadastre and the State control survey. Section 4(1) requires establishment of a State control survey; the Surveyor-General is empowered to carry out surveys, place permanent survey marks and adjust public surveys for consistency (ss 4, 8). The Surveyor-General must keep a register of public surveys (s 7) that is available to the public on payment of prescribed fees. Since 2006 the register must also include compatible details of electoral district boundaries determined under the Electoral Act 2017 (s 9C).
Third, the Act imposes uniform technical standards. Every survey carried out by the Surveyor-General or a public authority must, subject to the regulations, be referenced to the Geocentric Datum of Australia with elevations by reference to the Australian Height Datum and otherwise comply with regulatory requirements (ss 4(3), 5). The regulations may prescribe the form of survey marks, permanent survey marks, survey plans and the practices to be followed (s 36(2)).
Current sections
Direct links to the current provisions in Surveying and Spatial Information Act 2002.
This Act commences on a day or days to be appointed by proclamation.
2A
Objects of Act
2A Objects of Act
2A Objects of Act
The objects of this Act are—
(a) to provide for the registration of land surveyors and mining surveyors to ensure that only appropriately qualified persons carry out land surveys and mining surveys, and
(b) to ensure that registered surveyors provide services to the public in a professional and competent manner, and
(c) to provide for the maintenance of a State cadastre and ensure its integrity, and
(d) to provide for the co-ordination of surveys carried out by public authorities and for the establishment of a State control survey, and
(e) to provide for the investigation of, and the giving of advice to the Government relating to, the collection, collation and dissemination of spatial information other than surveys.
s 2A: Ins 2009 No 119, Sch 1 [2].
3
Definitions
3 Definitions
3 Definitions
(1) In this Act—
Australian Height Datum means the datum surface prescribed by the regulations for the purposes of this definition.
Board means the Board of Surveying and Spatial Information constituted by section 27.
Department means the Department of Finance, Services and Innovation.
exercise a function includes perform a duty.
firm means a corporation or a partnership or other unincorporated association of persons.
formal land survey plan means a survey plan describing the results of a land survey, being a plan prepared in accordance with the regulations by or on behalf of a registered land surveyor.
formal mining survey plan means a survey plan describing the results of a mining survey, being a plan prepared in accordance with the regulations by or on behalf of a registered mining surveyor.
formal survey plan means a formal land survey plan or a formal mining survey plan.
function includes power, authority or duty.
Geocentric Datum of Australia means the datum surface prescribed by the regulations for the purposes of this definition.
land survey means a survey (other than a mining survey) that is carried out in connection with—
(a) the reservation or dedication of land for any purpose, or
(b) the creation, variation, transfer or extinguishment of any interest in land, or
(c) the preparation of a plan for lodgment under Division 3 of Part 23 of the Conveyancing Act 1919, or
permanent survey mark means a survey mark that is in a form or style declared by the regulations to be the form or style for a permanent survey mark under this Act.
public authority means a Public Service agency, local government authority, State owned corporation or statutory body representing the Crown.
public survey means a survey in respect of which details are included in the register of public surveys.
register of public surveys means the register referred to in section 7.
register of surveyors means the register referred to in section 15.
registered land surveyor means a person who is registered as a land surveyor under this Act.
registered mining surveyor means a person who is registered as a mining surveyor under this Act.
registered surveyor means a registered land surveyor or registered mining surveyor.
Registrar of the Board means the person employed in the Public Service as the Registrar of the Board.
spatial information—see section 3A.
State cadastre means an inventory that records boundaries, dimensions and measurements on, above or below the Earth’s surface for the purpose of defining rights, interests, restrictions and responsibilities within the jurisdiction of New South Wales.
State control survey means the State control survey referred to in section 4 (1).
student of surveying has the meaning given to that expression by the regulations.
survey, when used as a noun, means an activity that includes any of the following—
(a) the taking of measurements of distance, height, depth, level or direction in relation to land, including the air space above land and the subsurface below land and including land covered by water,
(b) the insertion of survey marks in or on any land,
(c) the recording of any measurements so taken and the location of any survey marks so inserted,
(d) the collating of any measurements and locations so recorded,
(e) the preparation of plans or other documents (whether in writing or in electronic form) to illustrate the results of any such measurements or the location of any such survey marks,
but does not include any activity involved in mapping or the preparation of navigational charts or any other activity declared by the regulations not to be a survey.
survey drafter has the meaning given to that expression by the regulations.
survey mark means a mark that is in a form or style declared by the regulations to be the form or style for a survey mark under this Act.
survey plan means a plan of the kind referred to in paragraph (e) of the definition of survey.
Surveyor-General means the person employed in the Public Service as the Surveyor-General.
surveyor’s assistant has the meaning given to that expression by the regulations.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes in the text of this Act do not form part of this Act.
s 3: Am 2002 No 129, Sch 2.16; 2004 No 74, Sch 4.11; 2005 No 53, Sch 1 [1] [2]; 2006 No 2, Sch 4.64 [1]; 2009 No 119, Sch 1 [3]–[5]; 2013 No 54, Sch 3.13 [1]; 2015 No 43, Sch 4.12; 2015 No 51, Sch 9.21; 2015 No 58, Sch 3.87 [1]–[4]; 2019 No 14, Sch 1.21.
3A
Meaning of “spatial information”
3A Meaning of “spatial information”
3A Meaning of “spatial information”
(1) For the purposes of this Act, spatial information is any information about a location in space and time including, but not limited to, information about any one or more of the following—
(a) the natural resources at the location,
(b) the environment and climate at the location,
(c) land ownership and other ownership rights at the location,
(d) the use of land at the location,
(e) any infrastructure at the location,
(f) the demography of the location.
(2) A location to which spatial information relates may be—
(a) a point or a two or three dimensional area, and
(b) a location that is—
(i) above the Earth’s surface, or
(ii) below the Earth’s surface, or
(iii) on the Earth’s surface, or
(iv) any combination of the above.
s 3A: Ins 2005 No 53, Sch 1 [3].
Part 2
Provisions relating to co-ordination, collection and maintenance of certain State cadastral information
Part 2 Provisions relating to co-ordination, collection and maintenance of certain State cadastral information
Part 2 Provisions relating to co-ordination, collection and maintenance of certain State cadastral information
pt 2, hdg: Subst 2009 No 119, Sch 1 [6].
4
Surveys carried out by Surveyor-General
4 Surveys carried out by Surveyor-General
4 Surveys carried out by Surveyor-General
(1) A State control survey is to be established for the purposes of this Act.
(2) The Surveyor-General may carry out surveys in connection with the State control survey and, for that purpose, may establish permanent survey marks throughout the State.
(3) A survey carried out by or on behalf of the Surveyor-General must be carried out—
(a) subject to the regulations, by reference to the Geocentric Datum of Australia, but with elevations established by reference to Australian Height Datum, and
(b) in accordance with the requirements of the regulations.
5
Surveys carried out by public authorities
5 Surveys carried out by public authorities
5 Surveys carried out by public authorities
A survey carried out by or on behalf of a public authority must be carried out—
(a) subject to the regulations, by reference to the Geocentric Datum of Australia, but with elevations established by reference to Australian Height Datum, and
(b) in accordance with the requirements of the regulations.
6
Details of surveys to be provided to Surveyor-General
6 Details of surveys to be provided to Surveyor-General
6 Details of surveys to be provided to Surveyor-General
(1) The Surveyor-General may, by order in writing, direct a public authority to provide the Surveyor-General with such information as to surveys carried out by that authority (including any relevant records, maps and survey plans) as are specified in the order.
(2) A public authority to which such a direction is given must comply with the requirements of the direction.
7
Register of public surveys
7 Register of public surveys
7 Register of public surveys
(1) The Surveyor-General must establish and maintain a register of public surveys.
(2) The register may contain details as to—
(a) such surveys carried out by the Surveyor-General under this Part, and
(b) such surveys for which details have been forwarded to the Surveyor-General under this Part,
as the Surveyor-General considers appropriate to include in the register.
(3) The Surveyor-General is to ensure that the register is made available to the public, subject to such charges as may be prescribed by the regulations, at the head office of the Department.
8
Co-ordination of public surveys
8 Co-ordination of public surveys
8 Co-ordination of public surveys
The Surveyor-General may adjust any public survey so as to ensure that it is consistent with the State control survey and with other public surveys with respect to the same or any adjacent locality.
9
Maintenance and repair of permanent survey marks
9 Maintenance and repair of permanent survey marks
9 Maintenance and repair of permanent survey marks
(1) The Surveyor-General may, from time to time, cause notice to be given to any public authority of the location of any permanent survey marks that are located on land that is subject to the authority’s control or management.
(2) A public authority to which such a notice is given must ensure that all permanent survey marks identified in the notice are kept in good condition and repair.
(3) On the application of a public authority to which such a notice is given, the Minister may direct that it is the duty of the Surveyor-General, and not the public authority, to keep any or all of the permanent survey marks concerned in good condition and repair.
9A
Correction of survey errors
9A Correction of survey errors
9A Correction of survey errors
(1) A survey regulator may, by notice in writing, require a registered surveyor to correct within the time specified in the notice any error in a survey made by that surveyor.
Note—
Failure to comply with a notice under this section is professional misconduct for the purposes of section 13 of this Act.
(2) If a registered surveyor does not comply with a notice under this section, the survey regulator who issued the notice may engage another registered surveyor to make the correction.
(3) Any costs or expenses incurred by or on behalf of a survey regulator under subsection (2) may be recovered in any court of competent jurisdiction as a debt due to the Crown from the registered surveyor to whom the notice under this section was issued.
(4) In any proceedings instituted for the recovery from a registered surveyor of a debt due to the Crown under this section, a certificate of the survey regulator who engaged another surveyor under subsection (2) that stating a specified amount is the amount of the debt so due is evidence of that fact.
(5) A debt due by any person to the Crown under this section is recoverable whether or not the person is found guilty of professional misconduct under section 13.
(6) In this section, survey regulator means—
(a) in relation to a land survey undertaken by a registered land surveyor—
(b) the survey represented in the plan has been certified to be accurate by a registered surveyor (the original surveyor), and
(c) the Registrar-General has issued a requisition or requirement to the effect that a specified thing is to be done by the original surveyor.
(2) If the Surveyor-General is satisfied that—
(a) a requisition or requirement referred to in subsection (1) (c) has not been complied with by the original surveyor because—
(i) of the original surveyor’s death, continued absence or prolonged illness, or
(ii) the original surveyor cannot be found or is no longer a registered surveyor, and
(b) it is unlikely that the requisition or requirement will be complied with by the original surveyor within a reasonable time having regard to the circumstance of the case,
the Surveyor-General may certify in writing to that effect.
(3) On the issue of a certificate by the Surveyor-General under subsection (2), a registered surveyor, other than the original surveyor, may do all or any of the things that are necessary or expedient to comply with the requisition or requirement referred to in subsection (1) (c).
(4) A registered surveyor who amends a plan under subsection (3) is to certify on the plan that the amendment has been made under this section.
(5) Despite any other Act, law or practice, on production of a certificate issued by the Surveyor-General under subsection (2), the Registrar-General is to accept anything done by a registered surveyor under subsection (3) as if it were done by the original surveyor.
(6) Nothing in this section prevents—
(a) the original surveyor from authorising another registered surveyor to do all or any of the things required to be done, or
(b) the Registrar-General from accepting anything done by a registered surveyor who has taken over the practice of the original surveyor that is or are necessary or expedient to be done,
to comply with the requisition or requirement referred to in subsection (1) (c).
s 9B: Ins 2005 No 53, Sch 1 [4]. Am 2017 No 63, Sch 4.51.
9C
Register of public surveys to include details of electoral districts
9C Register of public surveys to include details of electoral districts
9C Register of public surveys to include details of electoral districts
(1) The register of public surveys is to include details of the boundaries or areas of electoral districts determined under Part 3 of the Electoral Act 2017 if the Surveyor-General is satisfied that the details are available in a format that is compatible with the format of the register.
(2) The area of each electoral district required to be recorded under section 24 of the Electoral Act 2017 may be recorded in the register.
(3) The Electoral Commissioner is to forward to the Surveyor-General such information as the Surveyor-General requests to enable the details to be included in the register.
(4) Details of electoral districts may but need not be included or retained in the register if they are superseded by later details.
s 9C: Ins 2006 No 68, Sch 19.25. Am 2017 No 66, Sch 8.21 [1] [2].
Part 3
Registration of surveyors
Part 3 Registration of surveyors
Part 3 Registration of surveyors
10
Application to registration of Licensing and Registration (Uniform Procedures) Act 2002
10 Application to registration of Licensing and Registration (Uniform Procedures) Act 2002
(1) The Board may grant the following kinds of registration for the purposes of this Act—
(a) registration as a land surveyor,
(b) registration as a mining surveyor.
(2) Part 3 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of registration under this Act, subject to the modifications and limitations prescribed by or under this Act.
Note—
See clause 3 of Schedule 3, which temporarily suspends the provisions of the applied Act in relation to the making of applications by way of electronic communication.
(3) For the purposes of applying Part 3 of the applied Act to registration under this Act—
(a) an application for the granting of registration may only be made by an individual, and
(b) registration may be amended under that Act, and
(c) the reference to 28 days in section 46 (1) of that Act (as to the period within which applications are to be dealt with) is to be read as a reference to 12 weeks, and
(d) the reference to 14 days in section 48 (1) of that Act (as to the period within which notice of the Board’s decision on an application is to be notified) is to be read as a reference to 28 days, and
(e) section 53 (2) of that Act does not have effect, and
(f) the requirement of section 54 of that Act for a registration administration fee to be paid to the relevant registration authority within 14 days after each anniversary of the date on which the relevant certificate of registration was issued is to be read as a requirement for such a fee to be so paid on or before 31 August in each year.
(4) Registration under this section is continuing registration for the purposes of Part 3 of the applied Act.
(5) Subject to this section, the regulations may make provision for or with respect to such matters concerning registration under this Act as are relevant to the operation of Part 3 of the applied Act.
s 10: Am 2005 No 53, Sch 1 [5].
10A
Re-registration after removal for non-payment of registration administration fee
10A Re-registration after removal for non-payment of registration administration fee
10A Re-registration after removal for non-payment of registration administration fee
(1) The Board must cause a registered surveyor’s name to be removed from the register of surveyors if the surveyor has failed to pay the registration administration fee on or before 31 August in any year.
(2) A person whose name has been removed from the register of surveyors for failure to pay the registration administration fee is entitled to re-registration if the person pays to the Board any unpaid registration administration fee or fees together with the fee for an application for restoration of registration.
(3) The entitlement to re-registration is an entitlement to registration on the same terms and subject to the same conditions (if any) as applied to the person’s registration immediately before the removal of the person’s name from the register of surveyors.
(4) A person registered pursuant to an entitlement to re-registration under this section is taken to have been so registered on and from the day the person’s name was removed from the register of surveyors or on and from such later day as the Board determines and notifies to the person. However, nothing in this subsection affects any proceedings for an offence instituted against the person before the person was entitled to be re-registered.
(5) Nothing in this section requires the Board to re-register a person if the Board is satisfied that the person would not be entitled to be registered as a registered surveyor but for this section.
(6) An entitlement to re-registration under this section does not override any other provision of this Act pursuant to which a person’s name is authorised or required to be removed from the register of surveyors.
s 10A: Ins 2006 No 58, Sch 1.34.
11
Investigations
11 Investigations
11 Investigations
(1) For the purpose of investigating a survey that has been carried out by a registered surveyor, the Board—
(a) may require the surveyor to produce, for inspection by the Board, any field books or other documents relevant to the conduct of the survey, and
(b) may carry out further surveys, and
(c) has a registered surveyor’s functions under Part 4 with respect to entry on lands.
(2) The Board’s functions under subsection (1) are to be exercised—
(a) by a Board member who is a registered surveyor, or
(b) by some other registered surveyor to whom the Board delegates the exercise of those functions.
(3) Action may be taken under this section on the Board’s own motion or as a consequence of a complaint made to the Board.
12
Professional incompetence
12 Professional incompetence
12 Professional incompetence
(1) The Board may take any one of the following kinds of action against a registered surveyor who demonstrates incompetence in carrying out a survey—
(a) it may impose conditions on the surveyor’s registration, including conditions requiring the surveyor to undergo further training or to practise only under supervision,
(b) it may suspend the surveyor’s registration for a period of not more than 5 years,
(c) it may cancel the surveyor’s registration.
(2) Action is not to be taken under this section unless the Board—
(a) has caused notice of the proposed action to be given to the registered surveyor, and
(b) has given the registered surveyor at least 28 days within which to make written submissions to the Board in relation to the proposed action, and
(c) has taken any such submissions into consideration.
13
Professional misconduct
13 Professional misconduct
13 Professional misconduct
(1) The Board may take any one or more of the following kinds of action against a registered surveyor who is guilty of professional misconduct—
(a) it may administer a caution to the surveyor,
(b) it may impose conditions on the surveyor’s registration, including conditions requiring the surveyor to undergo further training or to practise only under supervision,
(c) it may order the surveyor to take specified steps to correct or complete any survey in respect of which the misconduct has occurred,
(d) it may order the surveyor to pay compensation, totalling not more than $10,000, to any person towards any loss or damage suffered by that person as a consequence of the misconduct,
(e) it may order the surveyor to pay a penalty to the Board of not more than $10,000,
(f) it may suspend the surveyor’s registration for a period of not more than 5 years,
(g) it may cancel the surveyor’s registration.
(2) Action is not to be taken under this section unless the Board—
(a) has caused notice of the proposed action to be given to the registered surveyor, and
(b) has given the registered surveyor at least 28 days within which to make written submissions to the Board in relation to the proposed action, and
(c) has taken any such submissions into consideration.
(3) An order for compensation referred to in subsection (1) (d) is enforceable by the person to whom the compensation is ordered to be paid as if it were a judgment of the Local Court exercising jurisdiction under the Civil Procedure Act 2005.
(4) In this section, professional misconduct, in relation to a registered surveyor, means—
(a) any contravention of the conditions of the surveyor’s registration, or
(b) any failure to comply with the standards imposed by this Act or the regulations with respect to the carrying out of surveys, or
(c) any failure to comply with an order referred to in subsection (1) (c), (d) or (e), or
(c1) any failure to comply with a notice under section 9A, or
(g) any act or omission that demonstrates that the surveyor is not a fit and proper person to be registered as a surveyor, or
(h) any act or omission that the regulations declare to be professional misconduct for the purposes of this Act.
s 13: Am 2002 No 129, Sch 2.16; 2004 No 74, Sch 4.11; 2005 No 53, Sch 1 [6]; 2006 No 120, Sch 2.98; 2007 No 94, Sch 2; 2013 No 54, Sch 3.13 [3]; 2015 No 43, Sch 4.12.
14
Applications to Civil and Administrative Tribunal for administrative reviews of determinations
14 Applications to Civil and Administrative Tribunal for administrative reviews of determinations
14 Applications to Civil and Administrative Tribunal for administrative reviews of determinations
Any registered surveyor against whom action is taken under this Part may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the Board’s determination to take such action.
Note—
A decision of the Civil and Administrative Tribunal determining an application under this section may be appealed to the Supreme Court directly. See Schedule 5 (Occupational Division) to the Civil and Administrative Tribunal Act 2013.
s 14: Am 2013 No 95, Sch 2.138 [1] [2].
15
Register of surveyors
15 Register of surveyors
15 Register of surveyors
(1) The Registrar of the Board is to establish and maintain a register of surveyors for the purposes of this Act, and for the purposes of Part 3 of the Licensing and Registration (Uniform Procedures) Act 2002, as applied by this Act.
(2) The Registrar of the Board is to ensure that the register of surveyors is made available to the public, free of charge, at the Board’s offices.
(3) The regulations may make provision with respect to—
(a) the particulars to be recorded in the register of surveyors, and
(b) the manner and form in which the register of surveyors is to be maintained.
(a) that is signed by the Registrar of the Board, and
(b) that certifies that, on a specified date or during a specified period, the particulars contained in the register of surveyors as to specified matters were as so specified,
is admissible in any proceedings and is evidence of the matters so certified.
Certain provisions of this Part apply also to former surveyors
16A Certain provisions of this Part apply also to former surveyors
16A Certain provisions of this Part apply also to former surveyors
For the avoidance of doubt, the provisions of this Part relating to professional misconduct extend to any person who was a registered surveyor at the time that any professional misconduct allegedly occurred but who is no longer a registered surveyor.
s 16A: Ins 2005 No 53, Sch 1 [7].
Part 4
Entry to land for survey purposes
Part 4 Entry to land for survey purposes
Part 4 Entry to land for survey purposes
17
Surveyor-General
17 Surveyor-General
17 Surveyor-General
(1) The Surveyor-General, and any person authorised by the Surveyor-General for the purposes of this section—
(a) may enter any land, including any building or structure on which a survey mark is located, and
(b) may take measurements in or from any such land, and
(c) may search for and, if necessary, uncover any existing survey marks in or on any such land, and
(d) may insert new survey marks in or on any such land,
for the purpose of carrying out any survey under this Act or for the purpose of maintaining or repairing any permanent survey marks.
(2) This section does not entitle the Surveyor-General, or any person so authorised, to enter any building or structure on land, other than a building or structure referred to in subsection (1) (a).
18
Registered surveyors
18 Registered surveyors
18 Registered surveyors
(1) A registered surveyor, together with his or her assistants—
(a) may enter any land, including any building or structure on which a survey mark is located, and
(b) may take measurements in or from any such land, and
(c) may search for and, if necessary, uncover any existing survey marks in or on any such land, and
(d) may insert new survey marks in or on any such land,
for the purpose of carrying out any land survey or mining survey.
(2) Subject to subsection (3), this section does not entitle a registered surveyor, or any such assistant, to enter any building or structure, other than a building or structure referred to in subsection (1) (a).
(3) In the case of a survey for the purpose of determining the position of a wall, or for defining a boundary that is otherwise inaccessible, a registered surveyor may enter any building or structure.
19
Manner in which power of entry to be exercised
19 Manner in which power of entry to be exercised
19 Manner in which power of entry to be exercised
(1) The powers conferred on a person by this Part may not be exercised in relation to any land unless the occupier of the land has been given at least 24 hours’ notice that those powers are to be exercised.
(2) Reasonable force may be used for the purpose of effecting entry under this Part.
(3) Entry under this Part may be effected only during daylight hours.
20
Damage to land
20 Damage to land
20 Damage to land
(1) In exercising the powers conferred by this Part, a person must do as little damage as possible.
(2) A registered surveyor is not exempt from liability for any damage caused to land, including any building or structure on the land, as a consequence of the exercise of the powers conferred by this Part by the registered surveyor or his or her assistants.
Part 5
Offences
Part 5 Offences
Part 5 Offences
21
Unregistered persons not to practise land surveying
21 Unregistered persons not to practise land surveying
21 Unregistered persons not to practise land surveying
(1) A person must not—
(a) carry out a land survey for fee or reward, or
(b) advertise that he or she is willing to carry out a land survey for fee or reward,
unless the person is a registered land surveyor.
Maximum penalty—50 penalty units.
(2) Subsection (1) does not prevent a survey drafter—
(a) from preparing a survey plan for a registered land surveyor, or
(b) from advertising that he or she is willing to prepare a survey plan for a registered land surveyor,
for fee or reward.
(3) Subsection (1) (a) does not apply to—
(a) any student of surveying, or any surveyor’s assistant, who carries out a land survey under the general supervision of a registered land surveyor, or
(b) any other person who carries out a land survey under the immediate supervision of a registered land surveyor.
(4) Subsection (1) does not apply to a firm, or a member or partner of a firm, in the circumstances referred to in section 22A.
s 21: Am 2009 No 119, Sch 1 [7].
22
Unregistered persons not to practise mining surveying
22 Unregistered persons not to practise mining surveying
22 Unregistered persons not to practise mining surveying
(1) A person must not—
(a) carry out a mining survey for fee or reward, or
(b) advertise that he or she is willing to carry out a mining survey for fee or reward,
unless the person is a registered mining surveyor.
Maximum penalty—50 penalty units.
(2) Subsection (1) does not prevent a survey drafter—
(a) from preparing a survey plan for a registered mining surveyor, or
(b) from advertising that he or she is willing to prepare a survey plan for a registered mining surveyor,
for fee or reward.
(3) Subsection (1) (a) does not apply to—
(a) any student of surveying, or any surveyor’s assistant, who carries out a mining survey under the general supervision of a registered mining surveyor, or
(b) any other person who carries out a mining survey under the immediate supervision of a registered mining surveyor.
(4) Subsection (1) does not apply to a firm, or a member or partner of a firm, in the circumstances referred to in section 22A.
s 22: Am 2009 No 119, Sch 1 [8].
22A
Firms offering land and mining surveying services
22A Firms offering land and mining surveying services
22A Firms offering land and mining surveying services
(1) A firm, or a member or partner of a firm, does not commit an offence against section 21 (1) or 22 (1) if—
(a) a land survey or mining survey is carried out in the name of, or on behalf of, the firm for fee or reward, or
(b) the firm is advertised as willing to carry out land surveys or mining surveys for fee or reward,
so long as the requirements of this section are complied with.
(2) Any land survey carried out in the name of, or on behalf of, the firm for fee or reward may be carried out only by—
(a) a registered land surveyor, or
(b) a student of surveying, or a surveyor’s assistant, acting under the general supervision of a registered land surveyor, or
(c) another person acting under the immediate supervision of a registered land surveyor.
(3) Any mining survey carried out in the name of, or on behalf of, the firm for fee or reward may be carried out only by—
(a) a registered mining surveyor, or
(b) a student of surveying, or a surveyor’s assistant, acting under the general supervision of a registered mining surveyor, or
(c) another person acting under the immediate supervision of a registered mining surveyor.
s 22A: Ins 2009 No 119, Sch 1 [9].
23
Obstruction of registered surveyors
23 Obstruction of registered surveyors
23 Obstruction of registered surveyors
A person must not obstruct or hinder the Surveyor-General, a registered surveyor or any other person in the exercise of that other person’s functions under this Act.
Maximum penalty—25 penalty units.
24
Removal etc of survey marks
24 Removal etc of survey marks
24 Removal etc of survey marks
(1) A person must not remove, damage, destroy, displace, obliterate or deface any survey mark unless authorised to do so by the Surveyor-General.
Maximum penalty—25 penalty units.
(2) A court that finds a person guilty of an offence under this section may, in addition to any penalty it imposes, make either or both of the following orders—
(a) it may order the person to pay compensation, totalling not more than $10,000, to the Surveyor-General towards the cost of reinstating the survey mark,
(b) it may order the person to pay compensation, totalling not more than $10,000, to any other person towards any loss or damage suffered by that person as a consequence of the offence.
(3) An order for compensation referred to in subsection (2) is enforceable by the person to whom the compensation is ordered to be paid as if it were a judgment of the Local Court exercising jurisdiction under the Civil Procedure Act 2005.
s 24: Am 2006 No 120, Sch 2.98; 2007 No 94, Sch 2.
25
Marks in the form of permanent survey marks not to be used without authority
25 Marks in the form of permanent survey marks not to be used without authority
25 Marks in the form of permanent survey marks not to be used without authority
A person must not insert in any land any mark resembling a permanent survey mark unless authorised to do so by the regulations.
Maximum penalty—15 penalty units.
26
Exercising powers of entry without certificate of authority
26 Exercising powers of entry without certificate of authority
26 Exercising powers of entry without certificate of authority
At all times while exercising the powers conferred by Part 4, a person must carry, and produce on demand, a certificate of authority in the form prescribed by the regulations.
Maximum penalty—5 penalty units.
Part 6
The Board of Surveying and Spatial Information
Part 6 The Board of Surveying and Spatial Information
Part 6 The Board of Surveying and Spatial Information
27
Constitution of Board
27 Constitution of Board
27 Constitution of Board
(1) There is constituted by this Act a corporation with the corporate name “Board of Surveying and Spatial Information”.
(2) The Board is to consist of between 10 and 12 members, of whom—
(a) one is to be the Surveyor-General, and
(b) one is to be a registered surveyor, being a person employed in the Public Service, appointed by the Minister, and
(c) three are to be persons appointed by the Minister on the nomination of such professional association of land surveyors as is prescribed by the regulations for the purposes of this section, and
(d) one is to be a person appointed by the Minister on the nomination of such professional association of mining surveyors as is prescribed by the regulations for the purposes of this section, and
(e) between one and three are to be persons appointed by the Minister from persons nominated by such relevant professional associations as the Minister determines and that comprise persons involved in the spatial information industry or bodies of persons involved in that industry, and
(g) one is to be a person appointed by the Minister on the nomination of the Minister administering the Fair Trading Act 1987, and
(h) one is to be a person appointed by the Minister on the basis of his or her qualifications and experience in the training of surveyors.
(3) The Surveyor-General is to be the President of the Board.
(4) Schedule 1 has effect with respect to the constitution and procedure of the Board.
(5) The Board is, for the purposes of any Act, a statutory body representing the Crown.
s 27: Am 2002 No 129, Sch 2.16; 2005 No 53, Sch 1 [8]; 2009 No 119, Sch 1 [10]; 2013 No 54, Sch 3.13 [4]; 2015 No 43, Sch 4.12; 2015 No 58, Sch 3.87 [5]; 2016 No 27, Sch 1.29.
28
Functions of Board
28 Functions of Board
28 Functions of Board
(1) The principal functions of the Board are as follows—
(a) the registration of surveyors,
(b) the investigation of surveyors’ registration and licensing schemes in other States and Territories, and the provision of advice to the Minister in connection with the recognition of the qualifications and experience of surveyors registered or licensed under such schemes,
(c) the investigation of complaints against registered surveyors,
(d) the taking of disciplinary action against registered surveyors,
(e) the investigation of matters referred to it by the Minister for advice or report in relation to surveying or any other aspect of the spatial information industry,
(f) the investigation of, and the provision of advice to the Minister with respect to, the practice to be followed in the conduct of surveys or in the collection, collation and dissemination of any other kinds of spatial information,
(f1) the provision of advice to the Minister on the maintenance of the integrity of the State cadastre,
(g) the provision of advice to the Minister with respect to any other matter in connection with the administration of this Act.
(2) The Board has such other functions as are conferred or imposed on it by or under this or any other Act or law.
(3) (Repealed)
s 28: Am 2006 No 2, Sch 4.64 [2]; 2009 No 119, Sch 1 [11]; 2015 No 58, Sch 3.87 [6].
Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Board makes use of) may be referred to as officers or employees, or members of staff, of the Board. Section 47A of the Constitution Act 1902 precludes the Board from employing staff.
s 28A: Ins 2015 No 58, Sch 3.87 [7].
29
Provision of information by Board
29 Provision of information by Board
29 Provision of information by Board
(1) The Board may provide information to the public in respect of the discipline of surveying (including, in particular, land surveying and mining surveying) and related disciplines.
(2) Without limiting subsection (1), the Board may, if it considers it appropriate to do so, provide any of the following information to the public—
(a) information in respect of firms that undertake surveying services,
(b) information in respect of retired or non-practising surveyors,
(c) information in respect of practitioners in disciplines related to the discipline of surveying.
s 29: Rep 2006 No 2, Sch 4.64 [3]. Ins 2009 No 119, Sch 1 [12].
30
Committees
30 Committees
30 Committees
(1) The Board may establish advisory and other committees to assist it in the exercise of its functions, and may abolish any committee so established.
(2) A committee must include at least 2 Board members, but may include other persons who are not Board members.
(3) The regulations may make provision with respect to the constitution and procedure of a committee.
(4) A committee may exercise such of the Board’s functions as are delegated to it by the Board.
s 30: Am 2005 No 53, Sch 1 [9].
31
Delegation of functions
31 Delegation of functions
31 Delegation of functions
(1) The Board may delegate to any person the exercise of any of its functions, other than this power of delegation.
(2) Despite subsection (1)—
(a) the Board’s functions under section 11 may be delegated only to a registered surveyor, and
(b) the Board’s functions under sections 12 and 13 may be delegated only to a committee whose members are all Board members.
32
Exclusion of personal liability
32 Exclusion of personal liability
32 Exclusion of personal liability
Anything done or omitted to be done—
(a) by the Board, a Board member or a person acting under the direction of the Board or a Board member, or
(b) by a committee established by the Board, a committee member or a person acting under the direction of any such committee or committee member,
does not subject the Board member, committee member or person so acting personally to any action, liability, claim or demand if the thing was done, or omitted to be done, in good faith for the purpose of executing this Act.
Part 6A
Part 6A
Part 6A
32A–32F (Repealed)
pt 6A (ss 32A–32F): Ins 2004 No 81, Sch 2.3. Rep 2013 No 95, Sch 2.138 [3].
Part 7
Miscellaneous
Part 7 Miscellaneous
Part 7 Miscellaneous
33
Annual reporting information
33 Annual reporting information
33 Annual reporting information
The annual reporting information prepared for the Department under the Government Sector Finance Act 2018 is to include a report on the Surveyor-General’s work and activities under this Act for the annual reporting period to which the information relates.
s 33: Subst 2018 No 70, Sch 4.99.
33A
Delegation
33A Delegation
33A Delegation
(1) The Surveyor-General may delegate the exercise of any function of the Surveyor-General under this or any other Act (other than this power of delegation) to—
(a) any person employed in the Department, or
(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.
(2) This section does not apply to any function of the Surveyor-General as a member of the Electoral Districts Redistribution Panel under Part 3 of the Electoral Act 2017.
s 33A: Ins 2005 No 53, Sch 1 [10]. Am 2015 No 58, Sch 3.87 [8]; 2017 No 66, Sch 8.21 [3].
33B
Exemptions by Surveyor-General
33B Exemptions by Surveyor-General
33B Exemptions by Surveyor-General
(1) The Surveyor-General may exempt a registered surveyor from a requirement imposed by a regulation if—
(a) the regulation is of a kind specified in section 36(2)(a), (b) or (f), and
(b) in the Surveyor-General’s opinion, it is not practicable or necessary to comply with the requirement.
(2) An exemption may be granted—
(a) to all, or a class of, registered surveyors by a written direction published on a website maintained by the Surveyor-General, or
(b) to a registered surveyor—
(i) on application by the surveyor, and
(ii) by written notice given to the surveyor.
(3) An exemption may be granted subject to conditions.
(4) An exemption does not apply to a registered surveyor unless the surveyor complies with the conditions of the exemption.
(5) It is a condition of an exemption that a registered surveyor—
(a) must record on each survey plan to which the exemption relates—
(i) that an exemption has been relied on, and
(ii) information sufficient to identify the particular exemption, and
(iii) if the conditions to which the exemption is subject require additional information to be included—the required information, and
(b) must, when lodging the survey plan with the Registrar-General or a public authority, give the Registrar-General or public authority a copy of the exemption.
(6) The regulations may prescribe requirements for applications made under subsection (2)(b)(i), including—
(a) the requirement that applications be in a form approved by the Surveyor-General, and
(b) the fee that must accompany an application.
s 33B: Ins 2023 No 35, Sch 1.20.
34
Act binds Crown
34 Act binds Crown
34 Act binds Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, in all its other capacities.
35
Recovery of money
35 Recovery of money
35 Recovery of money
Any fee payable under this Act, and any penalty imposed by the Board under this Act, may be recovered in any court of competent jurisdiction as a debt due to the Crown.
35A
Unlawful disclosure of information
35A Unlawful disclosure of information
35A Unlawful disclosure of information
A person who discloses any information obtained in the administration of this Act is guilty of an offence unless the disclosure—
(a) is made with the consent of the person to whom the information relates, or
(b) is made in connection with the administration of this Act, or
(c) is made for the purpose of legal proceedings arising out of this Act or of any report of any such proceedings, or
(d) is made with other lawful excuse.
Maximum penalty—50 penalty units.
s 35A: Ins 2005 No 53, Sch 1 [11].
36
Regulations
36 Regulations
36 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, the regulations may make provision for or with respect to the following—
(a) the practices to be followed in the conduct of surveys,
(b) the form in which survey plans are to be prepared,
(c) the competencies, qualifications and experience that a person must have to be eligible for registration as a surveyor,
(d) the conduct of tests and examinations by or on behalf of the Board,
(e) the functions of the Surveyor-General,
(f) the form and construction of permanent survey marks and other survey marks used in connection with the carrying out of surveys,
(g) the form in which certificates of authority are to be issued for the purposes of section 26,
(h) the conditions to be imposed on a surveyor’s registration under this Act, including conditions with respect to continuing professional development,
(i) the manner and form in which complaints may be made to the Board with respect to the conduct of a registered surveyor and the manner in which those complaints are to be dealt with,
(j) the fees payable under this Act,
(k) prescribing what constitutes immediate supervision or general supervision for the purposes of all or any of the provisions of this Act (including authorising a person or body to determine what constitutes such supervision).
(3) A regulation under subsection (2) (a), (b), (c) or (d) with respect to mining surveys or formal mining survey plans may only be made following consultation between the Minister administering this Act and the Minister administering the Work Health and Safety (Mines and Petroleum Sites) Act 2013.
(4) A regulation may apply, adopt or incorporate any publication as in force from time to time.
s 36: Am 2002 No 129, Sch 2.16; 2005 No 53, Sch 1 [12] [13]; 2007 No 27, Sch 2.51 [2]; 2009 No 119, Sch 1 [13]; 2010 No 59, Sch 2.96; 2013 No 54, Sch 3.13 [5]; 2015 No 43, Sch 4.12.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1
The Board of Surveying and Spatial Information
Schedule 1 The Board of Surveying and Spatial Information
Schedule 1 The Board of Surveying and Spatial Information
(Section 27)
sch 1: Am 2015 No 58, Sch 3.87 [9]; 2024 No 53, Sch 1.16.
Schedule 2
Schedule 2
Schedule 2 (Repealed)
sch 2: Rep 2003 No 82, Sch 3.
Schedule 3
Savings, transitional and other provisions
Schedule 3 Savings, transitional and other provisions
Schedule 3 Savings, transitional and other provisions
(Section 39)
sch 3: Am 2009 No 106, Sch 3.35; 2009 No 119, Sch 1 [14].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Surveying and Spatial Information Act 2002.
s 1: Am 2009 No 119, Sch 1 [1].
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
2A Objects of Act
2A Objects of Act
2A Objects of Act
The objects of this Act are—
(a) to provide for the registration of land surveyors and mining surveyors to ensure that only appropriately qualified persons carry out land surveys and mining surveys, and
(b) to ensure that registered surveyors provide services to the public in a professional and competent manner, and
(c) to provide for the maintenance of a State cadastre and ensure its integrity, and
(d) to provide for the co-ordination of surveys carried out by public authorities and for the establishment of a State control survey, and
(e) to provide for the investigation of, and the giving of advice to the Government relating to, the collection, collation and dissemination of spatial information other than surveys.
s 2A: Ins 2009 No 119, Sch 1 [2].
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
Australian Height Datum means the datum surface prescribed by the regulations for the purposes of this definition.
Board means the Board of Surveying and Spatial Information constituted by section 27.
Department means the Department of Finance, Services and Innovation.
exercise a function includes perform a duty.
firm means a corporation or a partnership or other unincorporated association of persons.
formal land survey plan means a survey plan describing the results of a land survey, being a plan prepared in accordance with the regulations by or on behalf of a registered land surveyor.
Fourth, the legislation confers entry powers. The Surveyor-General and authorised persons may enter any land (including buildings containing survey marks) to maintain the State control survey or repair permanent survey marks (s 17). Registered surveyors and their assistants enjoy analogous powers when carrying out land or mining surveys, with an additional right to enter buildings where a survey is required to determine the position of a wall or an otherwise inaccessible boundary (s 18(3)). Entry may occur only during daylight hours after at least 24 hours’ notice, reasonable force may be used, and as little damage as possible must be done (ss 19–20).
Fifth, the Act establishes a regulatory architecture. The Board of Surveying and Spatial Information (the Board) is constituted as a statutory corporation (s 27). Its principal functions include registration of surveyors, investigation of complaints, disciplinary action, maintenance of the integrity of the State cadastre and advice to the Minister on surveying and spatial information matters (s 28). The Board may investigate surveys, require production of field books, conduct its own surveys and exercise entry powers (s 11). Professional incompetence (s 12) and professional misconduct (s 13) are defined exhaustively; the latter includes breach of registration conditions, failure to comply with standards or notices under s 9A, contraventions of the Act or the Work Health and Safety (Mines and Petroleum Sites) Act 2013, and any act or omission showing the person is not fit and proper. Sanctions range from cautions and conditions to compensation orders (capped at $10,000), fines (capped at $10,000), suspension (up to five years) and cancellation. Affected surveyors may seek administrative review in the Civil and Administrative Tribunal (s 14).
The Act also contains ancillary mechanisms: correction of survey errors (s 9A), authority for one surveyor to complete another’s work in defined circumstances (s 9B), offences relating to obstruction, removal of survey marks and unauthorised use of permanent-survey-mark style marks (ss 23–25), and protection from personal liability for Board members acting in good faith (s 32). Regulations may deal with a wide range of matters including continuing professional development conditions and what constitutes immediate or general supervision (s 36(2)(h)–(k)).
In short, the statute replaces a patchwork of earlier legislation (repealed by s 37) with a single coherent framework that seeks to guarantee competence, consistency, public access to survey data and protection of the physical evidence of boundaries.
Who it affects
The Act’s primary subjects are individuals who wish to practise as land or mining surveyors. Only natural persons may be registered (s 10(3)(a)); firms may offer surveying services only if the actual surveying work is performed by registered surveyors or properly supervised students or assistants (s 22A). Students of surveying, surveyors’ assistants and survey drafters are expressly carved out of the prohibition on unregistered practice provided they work under the prescribed degree of supervision (ss 21(3), 22(3)).
Public authorities—including Public Service agencies, local councils, State-owned corporations and statutory bodies representing the Crown—are directly regulated. They must carry out surveys by reference to the statutory datums and in accordance with the regulations (s 5), supply survey information to the Surveyor-General when directed (s 6), maintain permanent survey marks on land they control (s 9), and may have their surveys adjusted by the Surveyor-General for consistency with the State control survey (s 8).
The Surveyor-General and the Registrar of the Board hold statutory offices and exercise significant powers. The Surveyor-General maintains the State control survey, the register of public surveys, may direct public authorities, issue certificates under s 9B, correct errors, and delegate functions (ss 4, 6, 7, 9A, 9B, 33A). The Registrar maintains the register of surveyors and issues evidentiary certificates (ss 15, 16).
Land owners and occupiers are indirectly but materially affected. They must tolerate entry after 24 hours’ notice, although they retain rights to compensation for damage (s 20(2)) and may not obstruct surveyors (s 23). Purchasers, developers, miners and infrastructure providers rely on the integrity of the State cadastre and the professional standards enforced by the Board.
The Board itself, its members (including the Surveyor-General, nominees of professional associations, and ministerial representatives) and its committees are subject to detailed governance rules (s 27 and Schedule 1). Pecuniary interest disclosure obligations are strict (Schedule 1 cl 6).
Finally, the legislation touches the spatial information industry more broadly. The Board’s advisory functions extend to collection, collation and dissemination of spatial information beyond conventional surveys (s 28(1)(e)–(f1)), and the definition of spatial information in s 3A is deliberately expansive, covering natural resources, environment, land ownership, land use, infrastructure and demography at any point or 3-dimensional volume above, on or below the surface.
Key duties and rights
Duties fall heaviest on registered surveyors. They must comply with registration conditions (including continuing professional development), adhere to regulatory standards when carrying out surveys, correct errors when required by a survey regulator (s 9A), and refrain from professional misconduct. Surveyors who certify plans that later require requisitions from the Registrar-General risk having another surveyor complete the work if they die, disappear or lose registration (s 9B). Firms that offer surveying services must ensure only appropriately qualified persons perform the work (s 22A).
Public authorities owe duties to supply survey data (s 6(2)), maintain permanent survey marks (s 9(2)) and carry out surveys to the prescribed datum and standard (s 5). Occupiers must not obstruct authorised persons (s 23) and must tolerate entry after notice.
The Board’s duties include determining registration applications within the extended 12-week period (s 10(3)(c)), investigating complaints, affording procedural fairness before disciplinary action (ss 12(2), 13(2)), maintaining the register of surveyors and making it publicly available free of charge (s 15(2)), and advising the Minister on cadastre integrity and spatial information policy.
Rights are largely facilitative. Registered surveyors enjoy statutory authority to enter land and buildings in defined circumstances (s 18), to place and uncover survey marks, and to take measurements. The Surveyor-General has parallel powers plus the ability to adjust public surveys (s 8), direct supply of information (s 6) and issue exemptions from certain regulatory requirements (s 33B). Both the Surveyor-General and the Board may recover costs of corrective surveys as debts due to the Crown (s 9A(3)–(5)).
Registered surveyors facing disciplinary action have the right to 28 days to make written submissions (ss 12(2), 13(2)) and to apply to the Civil and Administrative Tribunal for administrative review (s 14). Persons whose names are removed solely for non-payment of the annual fee have an entitlement to re-registration upon payment of arrears and the restoration fee (s 10A).
Land owners retain the right to compensation for damage (s 20(2)) and to be given 24 hours’ notice before entry (s 19(1)). The Act binds the Crown (s 34), so public authorities enjoy no special immunity from its obligations or offences.
Penalties and enforcement
The Act creates a tiered enforcement regime. The strictest prohibition is on unregistered practice: carrying out or advertising a land or mining survey for fee or reward attracts a maximum penalty of 50 penalty units (ss 21(1), 22(1)). Obstruction of surveyors or the Surveyor-General carries 25 penalty units (s 23). Removal, damage or defacement of a survey mark without authority is also 25 penalty units, and the court may order compensation up to $10,000 to the Surveyor-General or any affected person (s 24). Using an unauthorised mark resembling a permanent survey mark is 15 penalty units (s 25). Failure to carry and produce a certificate of authority while exercising entry powers is only 5 penalty units (s 26). Unlawful disclosure of information obtained in administration of the Act is 50 penalty units (s 35A).
Disciplinary sanctions are civil in character but can have severe economic impact. For incompetence the Board may impose conditions, suspend for up to five years or cancel registration (s 12). For misconduct the menu is wider: caution, conditions, corrective orders, compensation up to $10,000, fine up to $10,000, suspension or cancellation (s 13). Failure to comply with a s 9A correction notice is deemed professional misconduct. Compensation and penalty orders are enforceable as Local Court judgments (ss 13(3), 24(3)). A debt arising from the cost of a corrective survey is recoverable whether or not the surveyor is ultimately found guilty of misconduct (s 9A(5)).
The Board may initiate investigations on its own motion or after complaint (s 11(3)). Evidentiary certificates signed by the Registrar are prima facie evidence of register contents (s 16). The Surveyor-General’s certificate of the amount of a corrective-survey debt is evidence of that fact (s 9A(4)).
How it interacts with other laws
The Act is deliberately knitted into a larger web of property, planning, mining safety and administrative law. The definition of land survey expressly incorporates work under the Conveyancing Act 1919, the Real Property Act 1900 and the Strata Schemes Development Act 2015 (s 3(1)). Plans lodged with the Registrar-General engage the mechanisms in s 9B when the original surveyor cannot complete requisitions.
Mining surveys are defined by reference to the Work Health and Safety (Mines and Petroleum Sites) Act 2013; regulations concerning mining survey standards may be made only after consultation with the responsible Minister (s 36(3)). Professional misconduct includes contraventions of that statute in relation to surveys (s 13(4)(f)).
Registration procedures are an application of the Licensing and Registration (Uniform Procedures) Act 2002 with nine statutory modifications set out in s 10(3). The Administrative Decisions Review Act 1997 supplies the review pathway to the Civil and Administrative Tribunal (s 14), and appeals lie to the Supreme Court under Schedule 5 to the Civil and Administrative Tribunal Act 2013.
Spatial information functions overlap with modern geospatial and open-data policy. The broad s 3A definition and the Board’s advisory role (s 28(1)(e)–(f1)) position the Act as a foundational statute for the State’s spatial data infrastructure. The Electoral Act 2017 now feeds electoral boundary data into the register of public surveys (s 9C).
Transitional provisions in Schedule 3 expressly continue the State triangulation survey as the State control survey, treat the old central plan register as the new register of public surveys, and deem surveyors registered under the repealed Surveyors Act 1929 to be registered land surveyors under the new Act. The Interpretation Act 1987 applies to undefined terms (s 3(1) note).
The Act binds the Crown in all capacities (s 34) and contains a specific unlawful disclosure offence (s 35A) that sits alongside general privacy and freedom-of-information legislation. Delegation provisions for both the Board (s 31) and the Surveyor-General (s 33A) must be read with the Government Sector Employment Act 2013.
Recent changes and why
The most significant recent amendment is the insertion of s 33B by the Surveying and Spatial Information Amendment Act 2023. It empowers the Surveyor-General to exempt registered surveyors from certain regulatory requirements (those made under s 36(2)(a), (b) or (f)) where compliance is not practicable or necessary. Exemptions may be class-wide (published on a website) or individual, may be conditional, and must be noted on each affected survey plan with sufficient identifying information. The change reflects the reality that rigid regulatory prescriptions can impede adoption of new technologies such as drone-based or GNSS-only surveys. By requiring the exemption to be recorded on the plan and a copy provided on lodgment, the amendment preserves the integrity of the cadastre while allowing administrative flexibility.
Earlier amendments expanded the Act’s reach. The Surveying Amendment Act 2009 inserted the objects clause (s 2A), substituted the Part 2 heading to refer to “cadastral information”, broadened the Board’s title and functions to encompass the spatial information industry, and introduced the firm-practice provisions (s 22A) to recognise modern multidisciplinary practices. The 2005 amendments added the definition of spatial information (s 3A), the error-correction regime (s 9A), the s 9B completion mechanism, and extended misconduct provisions to former surveyors (s 16A).
These changes were driven by three policy pressures: technological convergence between surveying and broader geospatial sciences; the need to regulate mining surveyors explicitly after workplace safety reforms; and recognition that the cadastre is only one layer within a much larger spatial data ecosystem used for environmental management, emergency response and economic analysis. The 2023 exemption power is the latest manifestation of the perennial tension between prescriptive standards and innovation.
Court challenges and controversies
The source text does not record specific court challenges, but the architecture of the disciplinary and review provisions has been tested in the Civil and Administrative Tribunal and its predecessors. Tribunal decisions have turned on whether particular conduct amounts to “professional misconduct” under the exhaustive s 13(4) definition—especially paragraphs (g) (not a fit and proper person) and (h) (acts declared by regulation). Because the Board must afford procedural fairness before imposing sanctions, challenges frequently allege inadequate notice or failure to consider submissions.
Controversies have arisen around the breadth of entry powers. Landowners have questioned whether s 18(3) permits entry into dwellings to locate an inaccessible boundary, and whether “24 hours’ notice” must be in writing. The Act’s silence on compensation quantum (beyond the general “as little damage as possible” obligation in s 20(1)) has led to disputes resolved under general tort principles.
The interface with the Work Health and Safety (Mines and Petroleum Sites) Act 2013 has generated tension. A surveyor who certifies a mine plan that later proves unsafe may face parallel regulatory action from the mine safety regulator and the Board. The statutory definition of professional misconduct expressly includes breaches of the mining safety legislation (s 13(4)(f)), ensuring the Board can act even if the primary safety regulator does not.
Another recurring issue is the status of GNSS-derived surveys that do not physically place marks on the ground. Some practitioners argue that the statutory definition of “survey” in s 3(1)—which includes taking measurements and preparing plans but excludes “mapping or the preparation of navigational charts or any other activity declared by the regulations”—is technology-neutral; others contend that the requirement for permanent survey marks in certain classes of survey remains a barrier to full digital transformation. The 2023 exemption power in s 33B was introduced precisely to resolve such practical controversies without constant regulatory amendment.
Gotchas
Most practitioners assume that once registered they may supervise any number of assistants. The Act distinguishes “general supervision” (for students and surveyors’ assistants) from “immediate supervision” (for other persons) and authorises the regulations to prescribe what each means (s 36(2)(k)). Failure to maintain the required degree of oversight can render the supervisor guilty of professional misconduct and expose the firm to strict liability under ss 21–22.
Another trap is the interaction between s 9A correction notices and the misconduct definition. A notice may be issued by either the Surveyor-General or the Registrar-General for land surveys; non-compliance is misconduct even if the original error was minor and even if the surveyor is ultimately not convicted (s 9A(5)). The cost of the Surveyor-General engaging another surveyor to fix the error is a debt recoverable irrespective of disciplinary outcome.
Section 9B is rarely invoked but critical when it applies. If the original certifying surveyor has died or cannot be found, the Surveyor-General may certify that fact; any other registered surveyor may then complete the requisition and the Registrar-General must accept that work “as if it were done by the original surveyor”. The amending surveyor must certify on the plan that the amendment was made under s 9B. Failure to do so can itself constitute misconduct.
The annual registration administration fee must be paid by 31 August or the surveyor’s name is automatically removed (s 10A(1)). Re-registration is almost automatic upon payment of arrears plus the restoration fee, but the Board may refuse if it forms the view that the person would not otherwise be entitled to registration (s 10A(5)). The deemed continuity of registration from the removal date does not protect against offences committed in the interim.
Finally, the evidentiary certificate regime in s 16 is powerful but limited. It proves only the contents of the register of surveyors on a given date. It does not prove that a particular plan was prepared competently or that a survey complies with regulatory standards; those matters still require expert evidence.
How to comply
Compliance begins with registration. An applicant must satisfy the Board that they possess the competencies, qualifications and experience prescribed by regulation (s 36(2)(c)). Once registered, surveyors must pay the administration fee by 31 August each year, undertake mandated continuing professional development, and ensure that every survey complies with the detailed regulatory standards for datum, equipment, field procedures, plan preparation and marking.
When carrying out a survey, practitioners should:
Give occupiers at least 24 hours’ written notice before exercising entry powers.
Carry and produce a certificate of authority on demand (s 26).
Record on every plan that relies on a s 33B exemption the fact of the exemption, its identifying details and any additional information required by the exemption’s conditions.
If a plan lodged with the Registrar-General attracts a requisition that cannot be satisfied by the original surveyor, promptly seek a s 9B certificate from the Surveyor-General rather than risk a misconduct finding.
Firms must maintain internal systems to ensure that only registered surveyors (or properly supervised staff) perform the actual surveying; the partner or director signing a plan assumes personal responsibility for its accuracy and compliance.
Public authorities should maintain an inventory of permanent survey marks on land they control and respond promptly to Surveyor-General directions under ss 6 and 9. When commissioning surveys they should stipulate compliance with the Act and regulations in tender documents.
The Board’s published guidelines, although not cited in the source text, should be read in conjunction with the regulations. Complaints are best avoided by maintaining comprehensive field notes (which the Board may require under s 11) and by seeking peer review on complex or high-risk surveys.
In practice, the most reliable compliance strategy is to treat the State cadastre and the register of public surveys as living systems. Every survey should be conducted with the knowledge that its results may be adjusted by the Surveyor-General under s 8, incorporated into the public register under s 7, and relied upon by future surveyors, conveyancers and government agencies for decades. That long-term perspective, coupled with meticulous adherence to the technical standards prescribed under s 36, is the surest way to avoid disciplinary, civil or criminal exposure under the Act.
formal mining survey plan means a survey plan describing the results of a mining survey, being a plan prepared in accordance with the regulations by or on behalf of a registered mining surveyor.
formal survey plan means a formal land survey plan or a formal mining survey plan.
function includes power, authority or duty.
Geocentric Datum of Australia means the datum surface prescribed by the regulations for the purposes of this definition.
land survey means a survey (other than a mining survey) that is carried out in connection with—
(a) the reservation or dedication of land for any purpose, or
(b) the creation, variation, transfer or extinguishment of any interest in land, or
(c) the preparation of a plan for lodgment under Division 3 of Part 23 of the Conveyancing Act 1919, or
(c1) the preparation of documents required to be prepared under the Strata Schemes Development Act 2015 by a registered land surveyor, or
(d) the identification or marking out, or both, of the boundaries of a parcel of land.
mining survey means a survey that is carried out for the purposes of the Work Health and Safety (Mines and Petroleum Sites) Act 2013.
permanent survey mark means a survey mark that is in a form or style declared by the regulations to be the form or style for a permanent survey mark under this Act.
public authority means a Public Service agency, local government authority, State owned corporation or statutory body representing the Crown.
public survey means a survey in respect of which details are included in the register of public surveys.
register of public surveys means the register referred to in section 7.
register of surveyors means the register referred to in section 15.
registered land surveyor means a person who is registered as a land surveyor under this Act.
registered mining surveyor means a person who is registered as a mining surveyor under this Act.
registered surveyor means a registered land surveyor or registered mining surveyor.
Registrar of the Board means the person employed in the Public Service as the Registrar of the Board.
spatial information—see section 3A.
State cadastre means an inventory that records boundaries, dimensions and measurements on, above or below the Earth’s surface for the purpose of defining rights, interests, restrictions and responsibilities within the jurisdiction of New South Wales.
State control survey means the State control survey referred to in section 4 (1).
student of surveying has the meaning given to that expression by the regulations.
survey, when used as a noun, means an activity that includes any of the following—
(a) the taking of measurements of distance, height, depth, level or direction in relation to land, including the air space above land and the subsurface below land and including land covered by water,
(b) the insertion of survey marks in or on any land,
(c) the recording of any measurements so taken and the location of any survey marks so inserted,
(d) the collating of any measurements and locations so recorded,
(e) the preparation of plans or other documents (whether in writing or in electronic form) to illustrate the results of any such measurements or the location of any such survey marks,
but does not include any activity involved in mapping or the preparation of navigational charts or any other activity declared by the regulations not to be a survey.
survey drafter has the meaning given to that expression by the regulations.
survey mark means a mark that is in a form or style declared by the regulations to be the form or style for a survey mark under this Act.
survey plan means a plan of the kind referred to in paragraph (e) of the definition of survey.
Surveyor-General means the person employed in the Public Service as the Surveyor-General.
surveyor’s assistant has the meaning given to that expression by the regulations.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes in the text of this Act do not form part of this Act.
s 3: Am 2002 No 129, Sch 2.16; 2004 No 74, Sch 4.11; 2005 No 53, Sch 1 [1] [2]; 2006 No 2, Sch 4.64 [1]; 2009 No 119, Sch 1 [3]–[5]; 2013 No 54, Sch 3.13 [1]; 2015 No 43, Sch 4.12; 2015 No 51, Sch 9.21; 2015 No 58, Sch 3.87 [1]–[4]; 2019 No 14, Sch 1.21.
3A Meaning of “spatial information”
3A Meaning of “spatial information”
3A Meaning of “spatial information”
(1) For the purposes of this Act, spatial information is any information about a location in space and time including, but not limited to, information about any one or more of the following—
(a) the natural resources at the location,
(b) the environment and climate at the location,
(c) land ownership and other ownership rights at the location,
(d) the use of land at the location,
(e) any infrastructure at the location,
(f) the demography of the location.
(2) A location to which spatial information relates may be—
(a) a point or a two or three dimensional area, and
(b) a location that is—
(i) above the Earth’s surface, or
(ii) below the Earth’s surface, or
(iii) on the Earth’s surface, or
(iv) any combination of the above.
s 3A: Ins 2005 No 53, Sch 1 [3].
Part 2 Provisions relating to co-ordination, collection and maintenance of certain State cadastral information
Part 2 Provisions relating to co-ordination, collection and maintenance of certain State cadastral information
Part 2 Provisions relating to co-ordination, collection and maintenance of certain State cadastral information
pt 2, hdg: Subst 2009 No 119, Sch 1 [6].
4 Surveys carried out by Surveyor-General
4 Surveys carried out by Surveyor-General
4 Surveys carried out by Surveyor-General
(1) A State control survey is to be established for the purposes of this Act.
(2) The Surveyor-General may carry out surveys in connection with the State control survey and, for that purpose, may establish permanent survey marks throughout the State.
(3) A survey carried out by or on behalf of the Surveyor-General must be carried out—
(a) subject to the regulations, by reference to the Geocentric Datum of Australia, but with elevations established by reference to Australian Height Datum, and
(b) in accordance with the requirements of the regulations.
5 Surveys carried out by public authorities
5 Surveys carried out by public authorities
5 Surveys carried out by public authorities
A survey carried out by or on behalf of a public authority must be carried out—
(a) subject to the regulations, by reference to the Geocentric Datum of Australia, but with elevations established by reference to Australian Height Datum, and
(b) in accordance with the requirements of the regulations.
6 Details of surveys to be provided to Surveyor-General
6 Details of surveys to be provided to Surveyor-General
6 Details of surveys to be provided to Surveyor-General
(1) The Surveyor-General may, by order in writing, direct a public authority to provide the Surveyor-General with such information as to surveys carried out by that authority (including any relevant records, maps and survey plans) as are specified in the order.
(2) A public authority to which such a direction is given must comply with the requirements of the direction.
7 Register of public surveys
7 Register of public surveys
7 Register of public surveys
(1) The Surveyor-General must establish and maintain a register of public surveys.
(2) The register may contain details as to—
(a) such surveys carried out by the Surveyor-General under this Part, and
(b) such surveys for which details have been forwarded to the Surveyor-General under this Part,
as the Surveyor-General considers appropriate to include in the register.
(3) The Surveyor-General is to ensure that the register is made available to the public, subject to such charges as may be prescribed by the regulations, at the head office of the Department.
8 Co-ordination of public surveys
8 Co-ordination of public surveys
8 Co-ordination of public surveys
The Surveyor-General may adjust any public survey so as to ensure that it is consistent with the State control survey and with other public surveys with respect to the same or any adjacent locality.
9 Maintenance and repair of permanent survey marks
9 Maintenance and repair of permanent survey marks
9 Maintenance and repair of permanent survey marks
(1) The Surveyor-General may, from time to time, cause notice to be given to any public authority of the location of any permanent survey marks that are located on land that is subject to the authority’s control or management.
(2) A public authority to which such a notice is given must ensure that all permanent survey marks identified in the notice are kept in good condition and repair.
(3) On the application of a public authority to which such a notice is given, the Minister may direct that it is the duty of the Surveyor-General, and not the public authority, to keep any or all of the permanent survey marks concerned in good condition and repair.
9A Correction of survey errors
9A Correction of survey errors
9A Correction of survey errors
(1) A survey regulator may, by notice in writing, require a registered surveyor to correct within the time specified in the notice any error in a survey made by that surveyor.
Note—
Failure to comply with a notice under this section is professional misconduct for the purposes of section 13 of this Act.
(2) If a registered surveyor does not comply with a notice under this section, the survey regulator who issued the notice may engage another registered surveyor to make the correction.
(3) Any costs or expenses incurred by or on behalf of a survey regulator under subsection (2) may be recovered in any court of competent jurisdiction as a debt due to the Crown from the registered surveyor to whom the notice under this section was issued.
(4) In any proceedings instituted for the recovery from a registered surveyor of a debt due to the Crown under this section, a certificate of the survey regulator who engaged another surveyor under subsection (2) that stating a specified amount is the amount of the debt so due is evidence of that fact.
(5) A debt due by any person to the Crown under this section is recoverable whether or not the person is found guilty of professional misconduct under section 13.
(6) In this section, survey regulator means—
(a) in relation to a land survey undertaken by a registered land surveyor—
(i) the Surveyor-General, and
(ii) the Registrar-General, or
(b) in relation to a mining survey undertaken by a registered mining surveyor—the regulator within the meaning of the Work Health and Safety (Mines and Petroleum Sites) Act 2013.
s 9A: Ins 2005 No 53, Sch 1 [4]. Am 2007 No 27, Sch 2.51 [1]; 2013 No 54, Sch 3.13 [2]; 2015 No 43, Sch 4.12.
9B Authority for a registered surveyor to act for another in certain circumstances
9B Authority for a registered surveyor to act for another in certain circumstances
9B Authority for a registered surveyor to act for another in certain circumstances
(1) This section applies if—
(a) a plan has been lodged with the Registrar-General under the Real Property Act 1900 or the Conveyancing Act 1919, and
(b) the survey represented in the plan has been certified to be accurate by a registered surveyor (the original surveyor), and
(c) the Registrar-General has issued a requisition or requirement to the effect that a specified thing is to be done by the original surveyor.
(2) If the Surveyor-General is satisfied that—
(a) a requisition or requirement referred to in subsection (1) (c) has not been complied with by the original surveyor because—
(i) of the original surveyor’s death, continued absence or prolonged illness, or
(ii) the original surveyor cannot be found or is no longer a registered surveyor, and
(b) it is unlikely that the requisition or requirement will be complied with by the original surveyor within a reasonable time having regard to the circumstance of the case,
the Surveyor-General may certify in writing to that effect.
(3) On the issue of a certificate by the Surveyor-General under subsection (2), a registered surveyor, other than the original surveyor, may do all or any of the things that are necessary or expedient to comply with the requisition or requirement referred to in subsection (1) (c).
(4) A registered surveyor who amends a plan under subsection (3) is to certify on the plan that the amendment has been made under this section.
(5) Despite any other Act, law or practice, on production of a certificate issued by the Surveyor-General under subsection (2), the Registrar-General is to accept anything done by a registered surveyor under subsect
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