41Destruction of, damage to, &c., survey marks

41 Destruction of, damage to, &c., survey marks

(1)  [Section 41 Subsection (1) amended by No. 23 of 2014, s. 28, Applied:09 Dec 2014] A person must not, without reasonable excuse, interfere with, change or remove a survey mark which complies with directions issued under section 15 .

Penalty:  Fine not exceeding 200 penalty units.

(2)  If a person is convicted of an offence against subsection (1) , the court may order, in addition to any other penalty, that the person pay the reasonable cost of re-establishing the survey mark.

(3)  [Section 41 Subsection (3) amended by No. 23 of 2014, s. 28, Applied:09 Dec 2014] A person must not, with intent to mislead, falsely pretend that any thing is a survey mark which complies with directions issued under section 15 .

Penalty:  Fine not exceeding 200 penalty units.

(4)  Nothing in this section affects any civil liability that may exist apart from this section.

(5)  Nothing in this section prevents the removal of a temporary survey mark by, or under the supervision of, a registered surveyor if so required by law or if in accordance with any directions given by the Surveyor-General under this Act.