Surveying and Spatial Information Act 2002 (NSW)

Surveying and Spatial Information Act 2002 No 83

An Act to make provision with respect to the functions of the Surveyor-General, the registration of surveyors, the control of surveys and the constitution and functions of the Board of Surveyors and Spatial Information; to repeal the Surveyors Act 1929, the Survey Co-ordination Act 1949 and certain other Acts and instruments; to make consequential amendments to certain other Acts and instruments; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Surveying and Spatial Information Act 2002.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

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.

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 (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.