Surveyors Act 2007 (ACT)

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Surveyors Act 2007 A2007-33 Republication No 12 Effective: 5 January 2026 Republication date: 5 January 2026 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Surveyors Act 2007 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 5 January 2026. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 5 January 2026. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Surveyors Act 2007 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 2 Part 2 Registration of surveyors Division 2.1 Registration 6 Application for registration 3 7 Eligibility for registration 3 7A Application for registration renewal 4 7B Eligibility for registration renewal 4 7C Surveyor-general may request information 5

Contents Page contents 2 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8 Decision on application for registration or renewal 5 9 Registration condition 6 10 Registration term 6 Division 2.2 Surveyors register 11 Keeping surveyors register 7 12 Details to be entered in surveyors register 8 13 Register information may be shared 8 14 Changes to surveyors register 8 15 Surveyors to notify change of address 9 Part 3 Regulatory action Division 3.2 Cancellation of registration for incapacity 23 Cancellation of registration for incapacity 10 24 Notice of intention to cancel registration for incapacity 11 Division 3.3 Occupational discipline—surveyors 25 Meaning of surveyor––div 3.3 11 26 Grounds for occupational discipline 12 27 Surveyor-general may apply to ACAT for occupational discipline 14 28 Giving local registering authorities information about cancelling or suspending registration 14 Division 3.4 Other regulatory action 41 Voluntary cancellation of registration 15 42 Inquiries about registered addresses 15 43 Return of registration certificate on cancellation and suspension 15 Part 4 The practice of surveying Division 4.1 Interpretation—pt 4 44 Definitions—pt 4 17 Division 4.2 Power of entry and damage 45 Power of entry generally 17 46 Application for order to enter building etc 19 47 Damage by surveyors and assistants—generally 19 48 Damage by surveyors and assistants—compensation 20

Contents Page R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 4.3 Offences 49 Only surveyors to carry out surveys 20 50 Certificates to be given only by surveyors 21 51 Pretending to be surveyor 21 52 Hindering and obstructing surveyor and assistant 21 53 Destruction of, and damage to, survey marks 22 54 Surveyors to give evidence of field procedures to surveyor-general 22 Division 4.4 Surveyor-general practice directions 55 Surveyor-general practice directions 23 56 Exemptions from practice directions 24 57 Surveyors to comply with practice directions 24 58 Surveys and plans to comply with practice directions 24 Part 5 Surveyor-general 59 Appointment of surveyor-general 26 60 Functions of surveyor-general 26 61 Delegation by surveyor-general 27 Part 6 Advisory committee 62 Establishment of advisory committee 28 63 Advisory committee functions 28 64 Advisory committee membership 28 65 Minister to appoint advisory committee members 29 66 Appointment of professional entity representatives 29 67 Disclosure of interests by advisory committee members 30 68 Advisory committee––chair 31 69 Advisory committee—general procedure 31 70 Minimum number for advisory committee meetings 31 71 Voting at advisory committee meetings 31 72 Advisory committee to keep minutes 32 73 Protection of advisory committee members 32 74 Ending appointment of advisory committee members 32 Part 7 Notification and review of decisions 75 Meaning of reviewable decision—pt 7 34

Contents Page contents 4 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 76 Reviewable decision notices 34 77 Applications for review 34 Part 8 Miscellaneous 78 Evidentiary certificates 35 79 Secrecy 35 80 Determination of fees 37 81 Approved forms 37 82 Regulation-making power 37 Schedule 1 Reviewable decisions 38 Dictionary 39 Endnotes 1 About the endnotes 42 2 Abbreviation key 42 3 Legislation history 43 4 Amendment history 45 5 Earlier republications 51

R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Surveyors Act 2007 An Act to regulate the practice of land surveying, and for other purposes

Part 1 Preliminary Section 1 page 2 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Surveyors Act 2007. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘advisory committee member––see section 64.’ means that the term ‘advisory committee member’ is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Registration of surveyors Part 2 Registration Division 2.1 Section 6 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Registration of surveyors Division 2.1 Registration 6 Application for registration A person may apply to the surveyor-general for registration as a surveyor. 7 Eligibility for registration (1) A person is eligible to be registered as a surveyor if— (a) the person— (i) has previously been registered as a surveyor in the ACT; or (ii) is or has previously been registered as a surveyor in a State; or Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (iii) has obtained a certificate of competency as a land surveyor from the board of surveying and spatial information; and (b) the surveyor-general is satisfied that the person has a working knowledge of current surveying practices and any practice directions; and (c) if the person has previously been registered as a surveyor in the ACT or is or has previously been registered as a surveyor in a State— (i) the registration was not involuntarily cancelled; or (ii) if the registration was involuntarily cancelled—the surveyor-general is satisfied that it is appropriate to register the person, taking into account—

Part 2 Registration of surveyors Division 2.1 Registration Section 7A page 4 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (A) the reason for the person’s registration being involuntary cancelled; and (B) anything relevant done by the person since their registration was involuntarily cancelled. Example—par (ii) The person’s registration was cancelled because they carried out a survey that was inaccurate because they lacked knowledge of current surveying practices. Since the cancellation, the person has acquired sufficient knowledge of current surveying practices. (2) For subsection (1) (c), a person’s registration as a surveyor is involuntarily cancelled if the registration is cancelled for any reason other than because the person requested the cancellation. (3) In this section: board of surveying and spatial information means the board of surveying and spatial information established under the Surveying and Spatial Information Act 2002 (NSW), section 27. 7A Application for registration renewal (1) A surveyor may apply to the surveyor-general for renewal of their registration. (2) If a surveyor applies for renewal before their registration ends, the registration continues in force until the day the application is decided. 7B Eligibility for registration renewal A surveyor is eligible to have their registration renewed if the surveyor-general is satisfied that the surveyor— (a) continues to be eligible for registration; and (b) meets any other eligibility requirements prescribed by regulation.

Registration of surveyors Part 2 Registration Division 2.1 Section 7C R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7C Surveyor-general may request information (1) The surveyor-general may, in writing, require an applicant under section 6 or section 7A to give the surveyor-general information that the surveyor-general reasonably needs to decide the application. (2) If the applicant does not comply with a requirement under subsection (1), the surveyor-general may refuse to consider the application further. 8 Decision on application for registration or renewal (1) If a person applies for registration, the surveyor-general must— (a) if the person is eligible for registration— (i) register the person; and (ii) give the person a unique identifying number (a registration number); or (b) if the person is not eligible for registration—refuse to register the person. (2) If a surveyor applies for renewal of their registration, the surveyor-general must— (a) if the surveyor is eligible for registration renewal—renew the surveyor’s registration; or (b) if the surveyor is not eligible for registration renewal—refuse to renew the surveyor’s registration. (3) If the surveyor-general registers a person, the surveyor-general must give the person a certificate (a registration certificate) that includes the following information: (a) the person’s name; (b) the person’s registration number; (c) the date the person’s registration begins.

Part 2 Registration of surveyors Division 2.1 Registration Section 9 page 6 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) If the surveyor-general refuses an application for registration or renewal of registration, the surveyor-general must give the applicant written notice of the decision. (5) The surveyor-general is taken to have refused an application for registration or renewal of registration if the surveyor-general does not decide the application within 45 days after the day the surveyor-general— (a) received the application; or (b) received the information requested under section 7C. 9 Registration condition (1) It is a condition of a surveyor’s registration that the surveyor undertakes continuing professional development in accordance with any directions under subsection (2). (2) The surveyor-general may give directions about continuing professional development for surveyors. (3) However, the surveyor-general must consult the advisory committee about a proposed direction before making the direction. (4) A direction is a notifiable instrument. 10 Registration term (1) A surveyor’s registration— (a) begins on the day stated in the registration certificate; and (b) ends on 30 June after the registration begins. Note A surveyor’s registration may be cancelled before it ends (see s 23, s 27 and s 41).

Registration of surveyors Part 2 Surveyors register Division 2.2 Section 11 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A surveyor’s renewal of registration— (a) begins on the earlier of the following: (i) if the surveyor-general decides the application for renewal before the day the surveyor’s registration ends—1 July after the surveyor-general decides the application for renewal; (ii) in any other case—the day the surveyor-general decides the application for renewal; and (b) ends on 30 June after the renewal begins. Note If a surveyor applies for renewal before their registration ends, the registration continues in force until the day the application is decided (see s 7A (2)). Division 2.2 Surveyors register 11 Keeping surveyors register (1) The surveyor-general must ensure a surveyors register is kept in accordance with this Act. (2) The surveyors register— (a) may be kept in any form, including electronically; and (b) must be made available to the public. (3) However, subsection (2) (b) does not apply to details in the surveyors register about–– (a) a surveyor’s date of birth; and (b) if a surveyor’s registration has been suspended––the grounds for suspension; and (c) anything else prescribed by regulation. (4) Any mistake, error or omission in the surveyors register may be corrected.

Part 2 Registration of surveyors Division 2.2 Surveyors register Section 12 page 8 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Details to be entered in surveyors register (1) The following details must be entered in the surveyors register in relation to a surveyor: (a) the surveyor’s name; (b) the address of each place (a registered business address) where the surveyor carries on the practice of surveying or, if the surveyor does not have a registered business address, the surveyor’s home address; (c) the surveyor’s date of birth; (d) the surveyor’s registration number; (e) the date the surveyor’s registration begins and ends; (f) if the surveyor’s registration has been suspended–– (i) the grounds for suspension; and (ii) the period of suspension; (g) any other details prescribed by regulation. (2) The surveyors register may contain other details. 13 Register information may be shared Information in the register, including information that is not available to the public, may be given to a local registering authority to assist in the regulation of surveyors in the local jurisdiction. 14 Changes to surveyors register (1) If a person’s registration ends, details of the person’s registration must be removed from the surveyors register. Note For when a person’s registration ends, see s 10. (2) If a surveyor tells the surveyor-general about a change of address under section 15, the change must be entered in the surveyors register.

Registration of surveyors Part 2 Surveyors register Division 2.2 Section 15 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) To remove any doubt, nothing in this section prevents the keeping of a record of–– (a) registration details removed from the register under subsection (1); or (b) a previous address under subsection (2). 15 Surveyors to notify change of address (1) A surveyor commits an offence if— (a) the surveyor has a registered business address; and (b) any of the following changes happen: (i) the address changes; (ii) the address stops being a business address of the surveyor; and (c) the surveyor fails to tell the surveyor-general, in writing, about the change as soon as practicable but not later than 21 days after the day the change happens. Maximum penalty: 5 penalty units. (2) A surveyor commits an offence if— (a) the surveyor does not have a registered business address; and (b) either of the following changes happen: (i) the surveyor’s home address changes; (ii) the surveyor gets a business address; and (c) the surveyor fails to tell the surveyor-general, in writing, about the change as soon as practicable but not later than 21 days after the day the change happens. Maximum penalty: 5 penalty units. (3) An offence against this section is a strict liability offence.

Part 3 Regulatory action Division 3.2 Cancellation of registration for incapacity Section 23 page 10 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Regulatory action Division 3.2 Cancellation of registration for incapacity 23 Cancellation of registration for incapacity (1) This section applies if the surveyor-general believes on reasonable grounds that— (a) a surveyor has become mentally or physically incapacitated; and (b) the incapacity substantially affects the surveyor’s ability to practise surveying. (2) The surveyor-general may cancel the surveyor’s registration. (3) However, the surveyor-general must not cancel the surveyor’s registration unless— (a) the surveyor-general— (i) gives the surveyor written notice under section 24 of the surveyor-general’s intention to cancel the registration; and (ii) takes into consideration any response received from the surveyor in accordance with the notice; and (b) the surveyor-general is satisfied that— (i) the surveyor is mentally or physically incapacitated; and (ii) the incapacity substantially affects the surveyor’s ability to practise surveying; and (c) at least 15 business days have passed since the day the notice was given under section 24.

Regulatory action Part 3 Occupational discipline—surveyors Division 3.3 Section 24 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) Cancellation of a person’s registration under this section takes effect— (a) when written notice of the cancellation is given to the person; or (b) if the written notice of the cancellation states a later date—on the stated date. 24 Notice of intention to cancel registration for incapacity A notice under this section given to a surveyor must— (a) state that the surveyor-general intends to cancel the surveyor’s registration; and (b) explain why the surveyor-general intends to cancel the registration; and (c) state that the surveyor may, within 12 business days after the day the surveyor is given the notice, give a written response to the surveyor-general about the matters in the notice. Note For how documents may be served, see the Legislation Act, pt 19.5. Division 3.3 Occupational discipline—surveyors 25 Meaning of surveyor––div 3.3 In this division: surveyor— (a) in relation to an act or omission, means— (i) a registered person; or (ii) a person who was registered at the time of the act or omission; and (b) in any other case—includes a person whose registration has been cancelled.

Part 3 Regulatory action Division 3.3 Occupational discipline—surveyors Section 26 page 12 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 26 Grounds for occupational discipline (1) Each of the following is a ground for occupational discipline in relation to a surveyor: (a) the surveyor gave information in relation to the application for registration that was false or misleading in a material particular; (b) the surveyor has certified to the accuracy of a survey or a measurement survey knowing it to be inaccurate; (c) the surveyor has, deliberately or through carelessness or incompetence, carried out a survey or a measurement survey that is so inaccurate or defective as to be unreliable; (d) a survey has been carried out, or a plan prepared, by or under the supervision of the surveyor, that contravenes section 58 (Surveys and plans to comply with practice directions); (e) the surveyor has contravened, or is contravening, this Act, whether or not the surveyor has been convicted of an offence for the contravention; Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). (f) both of the following apply: (i) the surveyor has been convicted or found guilty in Australia of an offence involving fraud, dishonesty or violence that is punishable by imprisonment for 1 year or longer; (ii) the surveyor-general is satisfied that committing the offence affects the surveyor’s suitability to practise surveying;

Regulatory action Part 3 Occupational discipline—surveyors Division 3.3 Section 26 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (g) both of the following apply: (i) the surveyor has been convicted or found guilty outside Australia of an offence involving fraud, dishonesty or violence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer; (ii) the surveyor-general is satisfied that committing the offence affects the surveyor’s suitability to practise surveying. (2) A ground for occupational discipline applies to a surveyor who is no longer registered if the ground applied to the surveyor while registered. (3) In this section: measurement survey means an activity that includes any of the following: (a) taking measurements of distance, height, depth, level or direction in relation to land, including the air space above land and the subsurface below land and land covered by water; (b) inserting survey marks in or on land; (c) recording any measurements taken under paragraph (a) and the location of any survey marks inserted under subparagraph (b); (d) collating any measurements and locations recorded under subparagraph (c); (e) preparing plans or other documents to illustrate the results of any measurements taken, or the location of any survey marks inserted, under this paragraph.

Part 3 Regulatory action Division 3.3 Occupational discipline—surveyors Section 27 page 14 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 27 Surveyor-general may apply to ACAT for occupational discipline If the surveyor-general believes on reasonable grounds that a ground for occupational discipline exists in relation to a surveyor, the surveyor-general may apply to the ACAT for an occupational discipline order in relation to the surveyor. Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out occupational discipline orders the ACAT may make. 28 Giving local registering authorities information about cancelling or suspending registration (1) This section applies if the ACAT cancels or suspends a surveyor’s registration or disqualifies a surveyor from applying for registration. (2) The surveyor-general must give each local registering authority the following information about the surveyor: (a) the name and any other identifying details of the surveyor; (b) a short description of the ground for occupational discipline on which the occupational discipline order was based; (c) whether the registration has been cancelled or suspended or the surveyor disqualified; (d) if the registration has been suspended—the period of suspension; (e) if the surveyor has been disqualified—the period of disqualification. (3) This section does not limit any other requirement or power, under this Act or another law in force in the ACT, to give information to a local registering authority.

Regulatory action Part 3 Other regulatory action Division 3.4 Section 41 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.4 Other regulatory action 41 Voluntary cancellation of registration The surveyor-general must cancel a surveyor’s registration if— (a) the surveyor asks, in writing, for the cancellation; and (b) the surveyor gives the surveyor’s registration certificate to the surveyor-general or satisfies the surveyor-general that the certificate has been lost, stolen or destroyed; and (c) the surveyor-general has no ground for believing that the surveyor has contravened, or is contravening, this Act. 42 Inquiries about registered addresses (1) The surveyor-general may, by written notice, ask a surveyor— (a) if the surveyor’s address in the surveyors register is correct; and (b) for a surveyor without a registered business address—if the surveyor has a business address. (2) A notice under subsection (1) must state the consequences under subsection (3) of failing to respond to the notice. (3) If the surveyor-general does not receive an answer to a notice sent to a surveyor under subsection (1) by the end of the period of 2 months after the day the notice is sent to the surveyor, the surveyor-general may cancel the surveyor’s registration. 43 Return of registration certificate on cancellation and suspension (1) This section applies to a person whose registration is suspended or cancelled.

Part 3 Regulatory action Division 3.4 Other regulatory action Section 43 page 16 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The surveyor-general may, by written notice, require the person to return to the surveyor-general, as soon as practicable but not later than 14 days after the day the person receives the notice, the person’s registration certificate. (3) A person must comply with a requirement made of the person under subsection (2). Maximum penalty: 5 penalty units. (4) An offence against this section is a strict liability offence.

The practice of surveying Part 4 Interpretation—pt 4 Division 4.1 Section 44 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 The practice of surveying Division 4.1 Interpretation—pt 4 44 Definitions—pt 4 In this part: survey mark includes a beacon, concrete block, chisel mark, galvanised iron pipe, lockspit, metal pin or plaque, drill hole and wings, peg or stone cairn, placed on land for a survey. surveyor does not include a person whose registration is suspended. Division 4.2 Power of entry and damage 45 Power of entry generally (1) For the purpose of carrying out a survey, a surveyor or someone assisting a surveyor (an assistant) may at any reasonable time, in accordance with this section— (a) enter land, including land that is not to be surveyed; and (b) open a door, gate or fence; and (c) place a survey mark on the ground of land entered; and (d) make a hole in the ground to uncover or expose a survey mark; and (e) enter a building; and (f) trim a tree or bush obstructing a survey. Note The Urban Forest Act 2023 includes offences for damaging protected trees. However, minor pruning of a regulated tree does not constitute damaging the tree (see Urban Forest Act 2023, s 14).

Part 4 The practice of surveying Division 4.2 Power of entry and damage Section 45 page 18 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A surveyor or assistant may enter land that is not owned by the person for whom the survey is being carried out only if, before entering the land, the surveyor gives the owner of the land reasonable notice, whether oral or written, of the surveyor’s or assistant’s intention to enter the land. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) If a surveyor gives an owner notice under subsection (2), the surveyor must— (a) keep written evidence of the notice, including how the notice was given; and (b) give a copy of the evidence to the surveyor-general on request. Examples—written evidence file note, copy of written notice (4) A surveyor or assistant may enter a building or part of a building that is not occupied by the person for whom the survey is being carried out only— (a) if the occupier has consented, in writing, to the entry; or (b) in accordance with an order of the Magistrates Court. (5) To remove any doubt, an assistant may only exercise a function under this section in relation to land or a building–– (a) if the assistant is with the surveyor; or (b) if the assistant is not with the surveyor––if the owner or occupier has consented, in writing, to the exercise of the function. (6) In this section: occupier, of a building, includes— (a) a person believed on reasonable grounds to be an occupier of the building; and (b) a person apparently in charge of the building. owner, of land, includes the lessee or occupier of the land.

The practice of surveying Part 4 Power of entry and damage Division 4.2 Section 46 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 46 Application for order to enter building etc (1) A surveyor or person for whom a survey is being, or is to be, carried out, may apply to the Magistrates Court for an order under section 45 (4) (b) allowing entry to a building or part of a building. (2) The Magistrates Court must make the order if satisfied that the survey can not reasonably be carried out unless the surveyor, or person assisting the surveyor, enters the building or part of the building. (3) An order under this section may be subject to a condition. 47 Damage by surveyors and assistants—generally (1) This section applies if someone exercises or purports to exercise a function under section 45. (2) The person must take reasonable steps to ensure that the person causes as little inconvenience, detriment and damage as is practicable when exercising or purporting to exercise the function. (3) If the person damages anything when exercising or purporting to exercise the function, the person must immediately give written notice of the details of the damage to someone the person believes on reasonable grounds is the owner of the thing. (4) However, if it is not practicable to comply with subsection (3), the person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened. (5) The person is liable to pay compensation for the damage to the owner of the thing.

Part 4 The practice of surveying Division 4.3 Offences Section 48 page 20 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 48 Damage by surveyors and assistants—compensation (1) Compensation mentioned in section 47 (5) may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction. (2) A court may order the payment of reasonable compensation for the damage only if satisfied it is just to make the order in the circumstances of the particular case. (3) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order. (4) The amount of compensation that a person is ordered to pay that is reasonably and necessarily caused in carrying out the survey is an amount owing to the person by the person for whom the survey is being, or was, carried out. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). Division 4.3 Offences 49 Only surveyors to carry out surveys A person commits an offence if the person–– (a) carries out a survey; and (b) is not a surveyor, or supervised by a surveyor, when the survey is carried out. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. Note The register-general may issue directions for the supervision of people assisting surveyors under s 55.

The practice of surveying Part 4 Offences Division 4.3 Section 50 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 50 Certificates to be given only by surveyors (1) A person commits an offence if–– (a) the person is not a surveyor; and (b) the person gives, or purports to give, a certificate that, under a territory law, is required to be given by a surveyor. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. 51 Pretending to be surveyor A person commits an offence if–– (a) the person is not a surveyor; and (b) the person–– (i) pretends to be qualified to carry out a survey; or (ii) otherwise pretends to be a surveyor. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. Example—par (b) using ‘registered surveyor’ on letterhead or in an advertisement 52 Hindering and obstructing surveyor and assistant A person commits an offence if— (a) the person knows someone is— (i) a surveyor; or (ii) assisting a surveyor (an assistant); and

Part 4 The practice of surveying Division 4.3 Offences Section 53 page 22 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the person hinders or obstructs the surveyor or assistant in the exercise of the surveyor’s or assistant’s powers under section 45 (1) (Power of entry generally). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. 53 Destruction of, and damage to, survey marks (1) A person commits an offence if–– (a) the person interferes with, changes or removes a mark; and (b) the mark is a survey mark; and (c) the person is reckless about whether the mark is a survey mark. Maximum penalty: 20 penalty units. (2) However, subsection (1) does not apply to a person–– (a) who removes a survey mark if the mark is removed to put up a fence or do construction work on or near the boundary of a property; or (b) if the person otherwise has a reasonable excuse. Example––s (2) (b) A person has a reasonable excuse if the removal of a survey mark has been authorised in writing by the surveyor-general. 54 Surveyors to give evidence of field procedures to surveyor-general (1) The surveyor-general may, in writing, require a surveyor to give the surveyor-general stated evidence of field procedures that the surveyor-general reasonably needs to exercise the surveyor-general’s functions under this Act or another territory law. Note Territory laws that give functions to the surveyor-general include the Districts Act 2002, s 7 and s 17 and the Land Titles Act 1925, s 64.

The practice of surveying Part 4 Surveyor-general practice directions Division 4.4 Section 55 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A surveyor must comply with a requirement made of the surveyor under subsection (1). Maximum penalty: 50 penalty units. (3) An offence against this section is a strict liability offence. (4) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant took reasonable steps to comply with subsection (2). (5) The surveyor-general may keep material produced under this section for the time reasonably necessary to make a copy of it. (6) In this section: field procedure means any field procedure that a surveyor is required to keep under a practice direction. Division 4.4 Surveyor-general practice directions 55 Surveyor-general practice directions (1) The surveyor-general may issue directions in relation to the practice of surveying, including, for example— (a) the preparation of plans showing the results of surveys; and (b) the preparation and keeping of field procedures relating to surveys; and (c) the supervision of people assisting surveyors in carrying out or preparing surveys; and (d) the nature and position of survey marks; and (e) the achievement of accuracy in surveying; and (f) the provision of information by surveyors for inclusion in the digital cadastral database.

Part 4 The practice of surveying Division 4.4 Surveyor-general practice directions Section 56 page 24 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A practice direction may apply, adopt or incorporate a law or instrument as in force from time to time. Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). (3) Before issuing a practice direction, the surveyor-general must consult the advisory committee about the proposed direction. (4) A practice direction is a disallowable instrument. (5) In this section: digital cadastral database––see the Districts Act 2002, section 17. 56 Exemptions from practice directions (1) The surveyor-general may, in writing, exempt a surveyor from a stated requirement of a practice direction if satisfied on reasonable grounds that it is not practicable for the surveyor to comply with the direction. (2) An exemption may be subject to any condition decided by the surveyor-general. (3) An exemption that is subject to a condition does not have effect if the condition is not complied with. 57 Surveyors to comply with practice directions A surveyor must comply with each practice direction that applies to the surveyor. 58 Surveys and plans to comply with practice directions A surveyor must ensure that a survey carried out, or a plan prepared, by or under the supervision of the surveyor— (a) is in accordance with each practice direction that applies in relation to the survey or plan; and

The practice of surveying Part 4 Surveyor-general practice directions Division 4.4 Section 58 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) states any exemption under section 56 (1) for a practice direction that applies in relation to the survey or plan; and (c) states the conditions (if any) the exemption is subject to.

Part 5 Surveyor-general Section 59 page 26 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Surveyor-general 59 Appointment of surveyor-general (1) The director-general must appoint a public servant as the Surveyor-general. (2) However, the director-general must not appoint a person under subsection (1) unless satisfied that the person is, or is eligible to be, registered as a surveyor. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). 60 Functions of surveyor-general (1) The surveyor-general has the following functions: (a) to investigate trends in surveying and to ensure the practice of surveying is current in the ACT and aligned with best practice; (b) to consult with entities (including organisations that represent surveyors in the ACT) on major policy issues affecting the practice of surveying; (c) to liaise and enter into arrangements on behalf of the Territory with any entity that, in Australia or elsewhere, is concerned with surveyors and the practice of surveying, for— (i) developing or reviewing standards for the practice of surveying; and (ii) reviewing the qualifications and professional development of surveyors; and (iii) the exercise of the surveyor-general’s functions under this Act or another territory law.

Surveyor-general Part 5 Section 61 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The surveyor-general has any other function given to the surveyor-general under this Act or another territory law. Note 1 Territory laws that give functions to the surveyor-general include the Districts Act 2002, s 7 and s 17 and the Land Titles Act 1925, s 64. Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). Note 3 A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). 61 Delegation by surveyor-general The surveyor-general may delegate the surveyor-general’s functions under this Act or another territory law to a public servant who is a surveyor. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Part 6 Advisory committee Section 62 page 28 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Advisory committee 62 Establishment of advisory committee The survey practice advisory committee is established. 63 Advisory committee functions (1) The advisory committee has the following functions of advising the surveyor-general: (a) in relation to anything about the practice of surveying if asked by the surveyor-general; (b) whether a new practice direction is needed or a direction needs revising; (c) about any proposed guidelines for continuing professional development or if a guideline needs revising. (2) The advisory committee has any other function given to it under this Act. Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). Note 2 A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). 64 Advisory committee membership (1) The advisory committee must have at least 5, but not more than 7, members (each of whom is an advisory committee member). (2) The advisory committee is made up of the following people: (a) the surveyor-general; (b) at least 3 other surveyors, 2 of whom are professional entity representatives;

Advisory committee Part 6 Section 65 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) at least 1 member who is not a surveyor. Note Section 66 sets out how professional entity representatives are chosen for appointment under s 65. (3) To remove any doubt, in this section: surveyor does not include a person whose registration is suspended. 65 Minister to appoint advisory committee members (1) The Minister must appoint the advisory committee members (other than the surveyor-general). Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. (2) The Legislation Act, division 19.3.3 (Appointments––Assembly consultation) does not apply to an appointment of an advisory committee member under this section. (3) The Minister must not appoint a professional entity representative for longer than 3 years. (4) The Minister must not reappoint a person as a professional entity representative if the person would be a professional entity representative for longer than 3 consecutive years. 66 Appointment of professional entity representatives (1) This section applies if, whether because of a vacancy or otherwise, the Minister must appoint 1 or 2 professional entity representatives to the advisory committee. (2) The Minister must ask a professional entity to nominate the prescribed number of potential representatives— (a) that the entity is satisfied will adequately represent the views of the entity on the advisory committee; and (b) who are surveyors.

Part 6 Advisory committee Section 67 page 30 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The Minister must, under section 65, appoint 1 or 2 representatives from the people nominated. (4) In this section: prescribed number, of potential representatives, means— (a) if the Minister must appoint 1 professional entity representative—2; or (b) if the Minister must appoint 2 professional entity representatives—3. professional entity means an entity that the Minister is satisfied was established to represent the interests of surveyors in the ACT. 67 Disclosure of interests by advisory committee members (1) If an advisory committee member has a relevant interest in an issue being considered, or about to be considered, by the committee, the member must disclose the nature of the interest at a meeting of the committee as soon as practicable after the relevant facts come to the member’s knowledge. (2) The disclosure must be recorded in the advisory committee’s minutes and, unless the committee otherwise decides, the advisory committee member must not— (a) be present when the committee considers the issue; or (b) take part in a decision of the committee on the issue. (3) Any other advisory committee member who also has a relevant interest in the issue must not— (a) be present when the committee considers whether to make a decision under subsection (2); or (b) take part in the decision.

Advisory committee Part 6 Section 68 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The advisory committee must, not later than 7 days after the end of each financial year, give the surveyor-general a statement that sets out the details of all disclosures under this section made during the financial year. (5) In this section: relevant interest, in an issue, means a direct or indirect financial or other interest in the issue. 68 Advisory committee––chair The surveyor-general is the chair of the advisory committee. 69 Advisory committee—general procedure (1) Meetings of the advisory committee are to be held when and where it decides. (2) However— (a) the advisory committee must meet at least twice each year; and (b) the surveyor-general may, by reasonable written notice given to the other advisory committee members, call a meeting. (3) The advisory committee may conduct its proceedings (including its meetings) as it considers appropriate. 70 Minimum number for advisory committee meetings Business may be carried on at an advisory committee meeting only if at least 3 advisory committee members are present. 71 Voting at advisory committee meetings At a meeting of the advisory committee, a question is decided by a majority of the votes of the advisory committee members present and voting.

Part 6 Advisory committee Section 72 page 32 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 72 Advisory committee to keep minutes The advisory committee must keep minutes of its meetings. 73 Protection of advisory committee members (1) An advisory committee member is not personally liable for conduct engaged in honestly and not recklessly— (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the conduct was in the exercise of a function under this Act. (2) Any civil liability that would, apart from this section, attach to a person attaches instead to the Territory. (3) In this section: advisory committee member includes anyone acting under the direction or authority of the advisory committee. conduct means an act or an omission to do an act. 74 Ending appointment of advisory committee members (1) This section applies to an advisory committee member other than the surveyor-general. (2) The Minister must end the appointment of an advisory committee member if— (a) the Minister becomes aware that the member— (i) has failed to comply with section 67 (Disclosure of interests by advisory committee members) without reasonable excuse; or (ii) has at any time been convicted, in Australia, of an offence punishable by imprisonment for 1 year or longer; or

Advisory committee Part 6 Section 74 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) has at any time been convicted, outside Australia, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer; or (b) satisfied that the member is no longer qualified to be appointed to the member’s position. (3) The Minister may end the appointment of an advisory committee member— (a) if the member is absent from 3 consecutive meetings of the advisory committee other than on approved leave; or (b) if the member contravenes a territory law; or (c) for misbehaviour; or (d) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

Part 7 Notification and review of decisions Section 75 page 34 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Notification and review of decisions 75 Meaning of reviewable decision—pt 7 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 76 Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 77 Applications for review The following may apply to the ACAT for a review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Miscellaneous Part 8 Section 78 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 8 Miscellaneous 78 Evidentiary certificates (1) The surveyor-general may give a signed certificate— (a) stating that on a stated date or during a stated period a named person was or was not registered; and (b) if the person was registered—including details of the person’s registration. (2) A certificate under this section is evidence of the matters stated in it. (3) Unless the contrary is proved, a document that purports to be a certificate under this section is taken to be a certificate. 79 Secrecy (1) In this section: court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. divulge includes communicate. person to whom this section applies means a person who— (a) is or has been— (i) a member of the advisory committee; or (ii) anyone acting under the direction or authority of the advisory committee; or (b) exercises, or has exercised, a function under this Act. produce includes allow access to. protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise, or purported exercise, of a function under this Act by the person or someone else.

Part 8 Miscellaneous Section 79 page 36 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A person to whom this section applies commits an offence if— (a) the person— (i) makes a record of protected information about someone else; and (ii) is reckless about whether the information is protected information about someone else; or (b) the person— (i) does something that divulges protected information about someone else; and (ii) is reckless about whether— (A) the information is protected information about someone else; and (B) doing the thing would result in the information being divulged to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsection (2) does not apply if the record is made, or the information is divulged— (a) under this Act or another territory law; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or (c) in a court proceeding; or (d) to a person administering or enforcing a corresponding law of a local jurisdiction. Note Corresponding law—see the dictionary. (4) Subsection (2) does not apply to the divulging of protected information about someone with the person’s consent.

Miscellaneous Part 8 Section 80 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 80 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument. 81 Approved forms (1) The surveyor-general may approve forms for this Act. (2) If the surveyor-general approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument. 82 Regulation-making power The Executive may make regulations for this Act.

Schedule 1 Reviewable decisions page 38 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 7) column 1 item column 2 section column 3 decision column 4 entity 1 8 (1) (b) refuse to register person applicant for registration 2 8 (2) (b) refuse to renew surveyor’s registration applicant for renewal 3 23 cancel person’s registration person whose registration is cancelled 4 41 refuse to cancel surveyor’s registration surveyor 5 42 (3) cancel person’s registration person whose registration is cancelled 6 56 refuse to give surveyor exemption surveyor 7 56 give surveyor an exemption subject to condition surveyor

Dictionary R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • appoint • business day • director-general (see s 163) • exercise • found guilty • function • occupational discipline order • public servant • reviewable decision notice • State • territory law. advisory committee means the survey practice advisory committee established under section 62. advisory committee member—see section 64. business address, for a surveyor, means an address of a place from which the surveyor carries on the practice of surveying. corresponding law means any law of a local jurisdiction that regulates surveyors in the jurisdiction. field procedures means field notes, records, measurements or calculations. ground for occupational discipline—see section 26. local jurisdiction means the Commonwealth, a State or New Zealand. local registering authority means the entity responsible for regulating the surveying profession under a corresponding law.

Dictionary page 40 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au practice direction means a direction issued under section 55. public road—see the Public Unleased Land Act 2013, section 9. public unleased land—see the Public Unleased Land Act 2013, section 8. registered means registered under this Act. registered business address—see section 12(1) (b). registration certificate—see section 8 (3). registration number––see section 8 (1) (a) (ii). reviewable decision, for part 7 (Notification and review of decisions)—see section 75. survey means the survey of land for the purpose of— (a) defining, redefining or marking the boundaries of land divided or to be divided under the Districts Act 2002; or (b) deciding whether improvements are or are not within the boundaries of any land; or (c) defining, redefining or marking the boundaries of an area of public unleased land or a public road; or (d) defining, redefining or marking the boundaries of land in relation to which an interest has been, or is to be, created; or (e) defining, redefining or marking the boundaries of land to be resumed under a law of the Territory or Commonwealth. survey mark, for part 4 (The practice of surveying)––see section 44. surveyor— (a) for this Act generally—means a person registered under this Act; and (b) for division 3.3 (Occupational discipline—surveyors)—see section 25.

Dictionary R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) for part 4 (The practice of surveying)—see section 44. surveyor-general means the surveyor-general appointed under section 59. surveyors register means the surveyors register mentioned in section 11.

Endnotes 1 About the endnotes page 42 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Surveyors Act 2007 A2007-33 notified LR 25 October 2007 s 1, s 2 commenced 25 October 2007 (LA s 75 (1)) remainder commenced 14 November 2007 (s 2 and CN2007-15) as amended by ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.48 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.48 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Surveyors Amendment Act 2010 A2010-6 notified LR 2 March 2010 s 1, s 2 commenced 2 March 2010 (LA s 75 (1)) remainder commenced 3 March 2010 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.144 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.144 commenced 1 July 2011 (s 2 (1)) Planning and Building Legislation Amendment Act 2011 A2011-23 pt 9 notified LR 6 July 2011 pt 1 commenced 6 July 2011 (s 2 (1)) pt 9 commenced 7 July 2011 (s 2 (5)) Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.51 notified LR 28 November 2011 s 1, s 2 commenced 28 November 2011 (LA s 75 (1)) sch 3 pt 3.51 commenced 12 December 2011 (s 2) Public Unleased Land Act 2013 A2013-3 sch 2 pt 2.9 notified LR 21 February 2013 s 1, s 2 commenced 21 February 2013 (LA s 75 (1)) sch 2 pt 2.9 commenced 1 July 2013 (s 2 and CN2013-9)

Endnotes 3 Legislation history page 44 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.38 notified LR 10 August 2022 s 1, s 2 commenced 10 August 2022 (LA s 75 (1)) sch 3 pt 3.38 commenced 24 August 2022 (s 2) Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1 pt 1.9 notified LR 11 December 2023 s 1, s 2 commenced 11 December 2023 (LA s 75 (1)) sch 1 pt 1.9 commenced 1 January 2024 (s 2 and see Urban Forest Act 2023 A2023-14, s 2) Planning and Environment Legislation Amendment Act 2024 A2024-21 pt 7, sch 1 pt 1.3 notified LR 24 May 2024 s 1, s 2 commenced 24 May 2024 (LA s 75 (1)) pt 7, sch 1 pt 1.3 commenced 31 May 2024 (s 2 (1)) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.170 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.170 commenced 5 January 2026 (s 2 (8))

Endnotes Amendment history 4 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Dictionary s 3 am A2008-36 amdt 1.616 Registration div 2.1 hdg note om A2022-14 amdt 3.210 Application for registration s 6 am A2010-6 s 16 sub A2024-21 s 22 Eligibility for registration s 7 am A2010-6 s 16; A2022-14 amdt 3.211 sub A2024-21 s 22 Application for registration renewal s 7A ins A2024-21 s 22 Eligibility for registration renewal s 7B ins A2024-21 s 22 Surveyor-general may request information s 7C ins A2024-21 s 22 Decision on application for registration or renewal s 8 am A2010-6 s 16 sub A2024-21 s 22 Registration condition s 9 am A2010-6 ss 4-6, s 16; A2025-29 amdt 4.171 Registration term s 10 am A2008-36 amdt 1.617; A2010-6 s 16; A2022-14 amdt 3.211 sub A2024-21 s 23 Keeping surveyors register s 11 am A2010-6 s 16 Details to be entered in surveyors register s 12 am A2024-21 s 24 Changes to surveyors register s 14 am A2010-6 s 16 Surveyors to notify change of address s 15 am A2010-6 s 16 Continuing registration div 3.1 hdg om A2024-21 s 25

Endnotes 4 Amendment history page 46 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Meaning of continuation notice—div 3.1 s 16 om A2024-21 s 25 Continuation notice fee s 17 om A2024-21 s 25 Continuation notice reminders s 18 am A2010-6 s 7, s 8, s 16 om A2024-21 s 25 Annual continuation notice for registration s 19 am A2010-6 s 9, s 16 om A2024-21 s 25 No continuation notice before 1 November s 20 sub A2010-6 s 10 am A2010-6 s 16 om A2024-21 s 25 Lifting s 20 suspension s 21 am A2010-6 s 11, s 16 om A2024-21 s 25 Cancellation after s 20 suspension s 22 am A2010-6 s 16 om A2024-21 s 25 Cancellation of registration for incapacity s 23 am A2010-6 s 16 Notice of intention to cancel registration for incapacity s 24 am A2010-6 s 16 Occupational discipline—surveyors div 3.3 hdg sub A2008-36 amdt 1.618 Meaning of surveyor––div 3.3 s 25 sub A2008-36 amdt 1.618 def disciplinary notice om A2008-36 amdt 1.618 def inquiry om A2008-36 amdt 1.618 def surveyor sub A2008-36 amdt 1.618 Grounds for occupational discipline s 26 sub A2008-36 amdt 1.618 am A2010-6 s 12, s 13, s 16 Surveyor-general may apply to ACAT for occupational discipline s 27 hdg am A2010-6 s 16 s 27 sub A2008-36 amdt 1.618; A2010-6 s 16 Giving local registering authorities information about cancelling or suspending registration s 28 sub A2008-36 amdt 1.618; A2010-6 s 16

Endnotes Amendment history 4 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Suspension during inquiry s 29 om A2008-36 amdt 1.618 End of suspension for inquiry s 30 om A2008-36 amdt 1.618 Inquiry to be held s 31 om A2008-36 amdt 1.618 Inquiry procedure s 32 om A2008-36 amdt 1.618 Evidence at inquiry s 33 om A2008-36 amdt 1.618 Legal representation at inquiry s 34 om A2008-36 amdt 1.618 Chief surveyor may require appearance, information and documents s 35 om A2008-36 amdt 1.618 Failing to attend and failing to produce document or thing s 36 om A2008-36 amdt 1.618 Confidentiality and client communications s 37 om A2008-36 amdt 1.618 Witness expenses s 38 om A2008-36 amdt 1.618 Disciplinary action s 39 om A2008-36 amdt 1.618 Giving local registering authorities information about some disciplinary action s 40 om A2008-36 amdt 1.618 Voluntary cancellation of registration s 41 am A2010-6 s 16 Inquiries about registered addresses s 42 am A2010-6 s 16 Return of registration certificate on cancellation and suspension s 43 am A2010-6 s 16 Power of entry generally s 45 am A2023-52 amdt 1.64; A2024-21 s 26, s 27; ss renum R11 LA Damage by surveyors and assistants—compensation s 48 am A2011-52 amdt 3.190 Only surveyors to carry out surveys s 49 sub A2011-23 s 40

Endnotes 4 Amendment history page 48 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Destruction of, and damage to, survey marks s 53 am A2010-6 s 16 Surveyors to give evidence of field procedures to surveyor-general s 54 hdg am A2010-6 s 16 s 54 am A2010-6 s 16 Surveyor-general practice directions div 4.4 hdg am A2010-6 s 16 Surveyor-general practice directions s 55 hdg am A2010-6 s 16 s 55 am A2010-6 s 16; A2024-21 s 28; ss renum R11 LA; A2025-29 amdt 4.171 Exemptions from practice directions s 56 am A2010-6 s 16 Surveyor-general pt 5 hdg am A2010-6 s 16 Appointment of surveyor-general s 59 hdg am A2010-6 s 16 s 59 am A2010-6 s 16; A2011-22 amdt 1.411 Functions of surveyor-general s 60 hdg am A2010-6 s 16 s 60 am A2010-6 s 16 Delegation by surveyor-general s 61 hdg am A2010-6 s 16 s 61 am A2010-6 s 16 Advisory committee functions s 63 am A2010-6 s 16 Advisory committee membership s 64 am A2010-6 s 16 Minister to appoint advisory committee members s 65 am A2010-6 s 16 Disclosure of interests by advisory committee members s 67 am A2010-6 s 16 Advisory committee––chair s 68 am A2010-6 s 16 Advisory committee—general procedure s 69 am A2010-6 s 16 Ending appointment of advisory committee members s 74 am A2010-6 s 16

Endnotes Amendment history 4 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Notification and review of decisions pt 7 hdg sub A2008-36 amdt 1.619 Meaning of reviewable decision—pt 7 s 75 sub A2008-36 amdt 1.619 Reviewable decision notices s 76 sub A2008-36 amdt 1.619 am A2025-29 amdt 4.171 Applications for review s 77 sub A2008-36 amdt 1.619 am A2025-29 amdt 4.171 Evidentiary certificates s 78 am A2010-6 s 16 Determination of fees s 80 am A2025-29 amdt 4.171 Approved forms s 81 am A2010-6 s 16; A2025-29 amdt 4.171 Regulation-making power s 82 am A2025-29 amdt 4.171 Legislation amended—sch 1 s 83 om LA s 89 (3) Transitional pt 9 hdg exp 14 November 2008 (s 95) Definitions—pt 9 s 84 exp 14 November 2008 (s 95) def commencement day exp 14 November 2008 (s 95) def repealed Act exp 14 November 2008 (s 95) Legislation repealed s 85 om LA s 89 (3) Survey practice directions s 86 exp 14 November 2008 (s 95) Surveyors registered under repealed Act s 87 exp 14 November 2008 (s 95) Suspended registration s 88 exp 14 November 2008 (s 95) Action under repealed Act etc s 89 exp 14 November 2008 (s 95) Inquiry under repealed Act s 90 exp 14 November 2008 (s 95)

Endnotes 4 Amendment history page 50 Surveyors Act 2007 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Grounds for disciplinary action—s 26 s 91 exp 14 November 2008 (s 95) Evidentiary certificates––repealed Act s 92 exp 14 November 2008 (s 95) Redistribution committee—Electoral Act 1992 s 93 exp 14 November 2008 (s 95) Transitional regulations s 94 exp 14 November 2008 (s 95) Expiry—pt 9 s 95 exp 14 November 2008 (s 95) Reviewable decisions sch 1 om LA s 89 (3) ins A2008-36 amdt 1.622 am A2024-21 s 29; items renum R11 LA Dictionary dict am A2008-36 amdt 1.623, amdt 1.624; A2011-22 amdt 1.412 def chief surveyor om A2010-6 s 14 def continuation notice om A2024-21 s 30 def disciplinary action om A2008-36 amdt 1.625 def disciplinary notice om A2008-36 amdt 1.625 def ground for disciplinary action om A2008-36 amdt 1.626 def ground for occupational discipline ins A2008-36 amdt 1.626 def inquiry om A2008-36 amdt 1.627 def public road ins A2013-3 amdt 2.30 def public unleased land ins A2013-3 amdt 2.30 def registered business address sub A2024-21 amdt 1.4 def registration certificate sub A2024-21 s 31 def registration number sub A2024-21 s 31 def reviewable decision sub A2008-36 amdt 1.628 def survey am A2013-3 amdt 2.31 def surveyor am A2008-36 amdt 1.629 def surveyor-general ins A2010-6 s 15

Endnotes Earlier republications 5 R12 05/01/26 Surveyors Act 2007 Effective: 05/01/26 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 14 Nov 2007 14 Nov 2007– 14 Nov 2008 not amended new Act R2 15 Nov 2008 15 Nov 2008- 1 Feb 2009 A2008-36 commenced expiry R3 2 Feb 2009 2 Feb 2009- 2 Mar 2010 A2008-36 amendments by A2008-36 R4 3 Mar 2010 3 Mar 2010– 30 June 2011 A2010-6 amendments by A2010-6 R5 1 July 2011 1 July 2011– 6 July 2011 A2011-22 amendments by A2011-22 R6 7 July 2011 7 July 2011– 11 Dec 2011 A2011-23 amendments by A2011-23 R7 12 Dec 2011 12 Dec 2011– 30 June 2013 A2011-52 amendments by A2011-52 R8 1 July 2013 1 July 2013– 23 Aug 2022 A2013-3 amendments by A2013-3 R9 24 Aug 2022 24 Aug 2022– 31 Dec 2023 A2022-14 amendments by A2022-14 R10 1 Jan 2024 1 Jan 2024– 30 May 2024 A2023-52 amendments by A2023-52 R11 31 May 2024 31 May 2024– 4 Jan 2026 A2024-21 amendments by A2024-21

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au © Australian Capital Territory 2026

Registering and maintaining registration

Apply to the surveyor-general using approved forms for initial registration (s 6; s 81). Ensure eligibility documentation is provided: evidence of prior registration in ACT/State or a certificate of competency from the NSW board of surveying and spatial information (s 7(1)(a)(i)-(iii)). Respond fully to any information requests made under s 7C(1); failure to comply permits the surveyor-general to refuse to consider the application further (s 7C(2)). If applying for renewal, do so under s 7A and ensure renewal eligibility is established per s 7B.
Keep registration current. Registration terms begin on the date in the certificate and end on 30 June after the registration begins; renewals begin and end as specified in s 10. If renewing before expiry, the registration continues until the renewal decision day (s 7A(2), s 10(2)(a)). Track the 45-day statutory decision period; if no decision arrives within 45 days of the application or receipt of requested information, the surveyor-general is taken to have refused (s 8(5)), permitting ACAT review (Part 7; schedule 1).

Continuing professional development and practice directions

Comply with CPD directions issued under s 9. Note that the surveyor-general must consult the advisory committee before making CPD directions (s 9(3)). Monitor practice directions (s 55) regularly; they are disallowable instruments and may adopt external instruments as they change (s 55(2)-(4)). If compliance with a practice direction is impracticable, apply in writing to the surveyor-general for an exemption under s 56, and ensure full awareness of any conditions attached to an exemption.

Record-keeping, field procedures and evidence

Maintain field procedures and field notes as practice directions require. If the surveyor-general issues a written requirement under s 54 to provide stated evidence of field procedures, comply promptly; failure to do so is a strict liability offence with a maximum penalty but the Act allows a defence founded on reasonable steps to comply (s 54(2)-(4)). Keep copies of written notices given to landowners and occupiers as required by s 45(3), including file notes and evidence of how notice was given.

Entering land and buildings

Before entering land not owned by the client, give the owner reasonable notice (s 45(2)) and keep written evidence of the notice (s 45(3)). For entry to buildings not occupied by the client, obtain written occupier consent or apply for a Magistrates Court order under s 46; if seeking a court order, prepare evidence to satisfy the Court that the survey cannot reasonably be carried out without entry (s 46(2)). Ensure assistants exercise powers only when with the surveyor or with written consent from owner/occupier (s 45(5)).

Minimising damage and handling incidents

Take reasonable steps to minimise inconvenience, detriment and damage when exercising powers under s 45 (s 47(2)). If damage occurs, give immediate written notice to the owner or leave the notice in a conspicuous and secure position if immediate delivery is impracticable (s 47(3)-(4)). Be prepared to address compensation claims; document actions taken to limit or remediate damage and ensure contractual arrangements with clients allocate responsibilities and recovery paths consistent with s 48(4) (amounts caused in carrying out the survey are owing by the client to the surveyor).

Supervision of assistants

Follow supervision standards in practice directions (s 55(1)(c)). Ensure assistants are either accompanied by a surveyor or have written consent if acting alone (s 45(5)). Keep explicit records of supervision arrangements to evidence compliance with practice directions and s 49 obligations that only surveyors, or persons supervised by a surveyor, carry out surveys.

Information, confidentiality and data sharing

Treat protected information obtained under the Act as confidential (s 79). Only make disclosures authorised by the Act or the listed exceptions (s 79(3)). Use s 13 as the formal route to share register information with local registering authorities when cross-jurisdiction regulation is necessary. Maintain secure records and limit dissemination to persons authorised by statute or by the lawful exercise of functions under the Act.

Responding to regulatory processes and reviews

If the surveyor-general gives notice of intent to cancel for incapacity (s 24), respond in writing within the 12-business-day period to ensure submissions are taken into account (s 24(1)(c)). For reviewable decisions per schedule 1, ensure receipt of reviewable decision notices (s 76) and consider ACAT review where appropriate (s 77). Maintain documentation for any decision-making process and be ready to present field procedures and evidence if required by the surveyor-general or ACAT.

Advisory committee engagement and conflict disclosure

For professional entities nominating representatives to the advisory committee, comply with the Minister’s requests and nomination rules (s 66). Advisory committee members must disclose relevant interests at the earliest opportunity and the disclosure must be recorded in minutes; the committee ordinarily excludes conflicted members from consideration and decision-making on the relevant issue (s 67). Ensure annual disclosure reporting to the surveyor-general is completed within 7 days after the financial year’s end (s 67(4)).

Administrative housekeeping

Use approved forms when the surveyor-general prescribes them (s 81). Monitor fee determinations by the Minister (s 80) and ensure compliance with any regulations made under the Act (s 82). Keep abreast of practice directions, CPD requirements and any conditions attached to exemptions to maintain continuous regulatory compliance.

By following the statutory steps above and keeping contemporaneous documentation of notices, supervision, field procedures and practice-direction compliance, surveyors and firms create a defensible compliance posture under the Surveyors Act 2007.

Surveyors Act 2007

Plain English Summary

Deep Dive

What it does

Current sections

Surveyors Act 2007

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply