Surveying and Spatial Information Regulation 2024 Part 1 Preliminary 1 Name of regulation This regulation is the Surveying and Spatial Information Regulation 2024. 2 Commencement This regulation commences on 1 March 2025. Note— This regulation repeals and replaces the Surveying and Spatial Information Regulation 2017, which would otherwise be repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2). 3 Definitions (1) The dictionary in Schedule 9 defines words used in this regulation. Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation. (2) For the Act, section 3(1), definition of Australian Height Datum (or AHD), the datum surface approximating mean sea level adopted by the National Mapping Council of Australia in May 1971 is prescribed. (3) For the Act, section 3(1), definition of Geocentric Datum of Australia, the datum surface approximating the shape of the Earth's surface defined by the reference frame designated under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 of the Commonwealth is prescribed. Note— The reference frame designated under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 of the Commonwealth is the Geocentric Datum of Australia 2020 (GDA2020) at the Reference Epoch of 2020.0. 4 Meaning of "urban land survey" and "rural land survey" (1) In this regulation, an urban land survey means a land survey of metropolitan land or rural residential land. (2) In this regulation, a rural land survey means a land survey that is not an urban land survey. (3) The Surveyor-General may issue guidelines in relation to what is taken to be metropolitan land or rural residential land. 5 Certain references in survey plans and other land descriptions In carrying out a survey, a reference to, or description of, a concept referred to in Column 1 of the table to this section in a previous survey plan or other description of land is taken to be a reference to, or description of, the corresponding concept in Column 2 unless a contrary intention appears— Column 1 Column 2 Historical terminology Current terminology High-water mark Mean high-water mark Boundary that abuts tidal waters Boundary that abuts the mean high-water mark Bank of non-tidal waters Limit of the bed of non-tidal waters Boundary that abuts non-tidal waters Boundary that abuts the limit of the bed of non-tidal waters 6 Application of regulation (1) This regulation applies to the following— (a) a land survey, Note— A land survey may be carried out for mining purposes. See also the Mining Act 1992. (b) a mining survey, (c) a survey carried out by or for— (i) the Surveyor-General, or (ii) a public authority. (2) Despite subsection (1), the following provisions of this regulation do not apply to a survey carried out under section 45(1)(a) or (b)— (a) Parts 4, 6 and 8, (b) sections 35–37, 39–44, 71 and 73–76. (3) Despite subsection (1), the following provisions of this regulation do not apply to a survey carried out under section 45(1)(c)— (a) Parts 4 and 8, (b) sections 35–37, 39–44, 50–56, 71 and 73–76. (4) Despite subsection (1), the following provisions of this regulation do not apply to a mining survey— (a) Parts 3–5, Part 6 other than section 47 and Parts 8–10, (b) section 92(5) and Schedules 2 and 3. 7 Surveyor-General may give directions—the Act, s 36(2)(a) and (e) (1) The Surveyor-General may give directions for the conduct of surveys. (2) The directions must be published on the Department's website. 8 Directions about mining surveys—the Act, s 36(2)(a) and (e) (1) The Surveyor-General may, by order published in the Gazette, give directions for— (a) the conduct of mining surveys, and (b) the preparation of formal mining survey plans, for the Act, section 3(1), definition of formal mining survey plan. (2) An order may be made only on the recommendation of the Board. (3) The document entitled Survey and Drafting Directions for Mining Surveyors 2020 (NSW Mines), published in Government Gazette No 98 of 15 May 2020, is taken to be an order made under this section. 9 Additional requirements for Surveyor-General surveys—the Act, s 4(3)(b) A survey carried out by or for the Surveyor-General must be carried out in accordance with the document entitled Standards and Practices for Control Surveys (SP1) Version 1.7, published by the Intergovernmental Committee on Surveying and Mapping, subject to— (a) this regulation, and (b) the Surveyor-General's directions. 10 Information necessary to carry out land surveys—the Act, s 36(2)(a) A surveyor carrying out a land survey must obtain publicly available information necessary to— (a) locate, or relocate, the boundaries of land surveyed, and (b) connect the land survey to the State control survey in accordance with this regulation. Part 2 Equipment and methods—the Act, s 36(2)(a) 11 Measurement equipment and methods (1) A surveyor must use only approved measurement equipment and methods when carrying out a survey. (2) A surveyor must not use equipment unless the surveyor knows the accuracy obtained by the equipment's use. (3) The accuracy of the equipment must be determined by reference to— (a) the Australian primary standard of measurement, within the meaning of the National Measurement Act 1960 of the Commonwealth, or (b) the State primary standard of measurement of length, within the meaning of that Act, that is maintained or caused to be maintained by the Surveyor-General. 12 Verification of distance measuring equipment (1) A surveyor must not use approved electronic distance measuring equipment that involves a laser and prism unless the surveyor has verified the equipment— (a) immediately after— (i) the equipment is serviced or repaired, and (ii) the equipment's software is changed or upgraded, and (b) within the last 12 months. (2) A surveyor must not use approved metal tapes and bands to carry out a survey unless the surveyor has— (a) verified the equipment— (i) immediately after the equipment is repaired, and (ii) within the last 2 years, or (b) validated the equipment under section 13. (3) In this section— verified means verified in accordance with the Surveyor-General's directions. 13 Validation of measuring equipment (1) A surveyor must not use approved measuring equipment unless the surveyor has validated the equipment— (a) immediately after— (i) the equipment is serviced or repaired, and (ii) the equipment's software is changed or upgraded, and (b) within the last 12 months. (2) This section does not apply to electronic distance measuring equipment or metal tapes and bands verified under section 12. (3) In this section— validate, for equipment, means to compare the equipment against equipment verified under section 12 in accordance with the Surveyor-General's directions. 14 Confirmation of measuring equipment (1) A surveyor must confirm that approved measuring equipment validated under section 13 is measuring correctly— (a) using approved measuring equipment verified under section 12, or (b) by comparing against at least 2 established survey marks. (2) The confirmation must be carried out in accordance with the Surveyor-General's directions. Part 3 Accuracy and measurement—the Act, s 36(2)(a) 15 Accuracy of measurements The accuracy of all measurements carried out for a survey must be expressed at a confidence interval of 95%. 16 Tolerance of angular measurements (1) The angular misclose must not exceed the lesser of— (a) 10 seconds plus 10√n seconds, or (b) 2 minutes. (2) In subsection (1), "n" represents the number of traverse angular stations. (3) If 2 surveyed lines shown on a survey plan have a common vertex and bearings, the accuracy of the included angle must be within the tolerance of— where— d is the length in metres of the shortest line. Note— The above formula is the angular displacement that results from 10mm + 50 parts per million of a length applied as an arc at 1 terminal, with the centre of the arc being the other terminal. The value of 206,265 is the conversion from radians to seconds of an arc. 17 Checking angular measurements (1) A surveyor must check the angular work in a survey by— (a) calculating a misclose from a complete angular close, or (b) comparing the angular work against established survey marks, or (c) comparing the angular work using a different method. (2) A surveyor must not use an angular measurement determined by another surveyor to check the angular work in a survey. 18 Tolerance of length measurements A surveyor must ensure the accuracy of all length measurements are within the tolerance of 10mm + 50 parts per million. 19 Checking length measurements A surveyor must check all length measurements by— (a) measuring the length using a different method, or (b) calculating the length from the measurements of other lengths and angles, or (c) sufficient redundancy of independent observations. 20 Tolerance of relative positions A surveyor must ensure the relative position between 2 surveyed points is within the tolerance of— where— d is the distance between the points in metres. 21 Checking relative positions A surveyor must check a position by— (a) calculating the position from the measurements of other lengths and angles, or (b) sufficient redundancy of independent observations. 22 Tolerance of horizontal comparisons If comparing horizontal measurements, a surveyor must ensure the measurements are within the tolerance of 40mm + 200 parts per million. 23 Tolerance of height measurements A surveyor must determine all height measurements to— (a) a vertical position equal to or better than Class "B" or Class "LD", or (b) a vertical positional uncertainty of 0.1m or less. 24 Checking height measurements A surveyor must check height measurements against— (a) an accurate AHD value, or (b) a closed loop. 25 Tolerance of coordinates (1) A surveyor must determine accurate MGA coordinates to— (a) a horizontal position equal to or better than Class "D", or (b) a horizontal positional uncertainty of 0.1m or less. (2) A surveyor may determine MGA coordinates to a horizontal positional uncertainty of 3m or less if the survey mark is used to measure height only. 26 Checking accuracy of measurements and calculations (1) A surveyor must check all measurements by closure of the eastings and northings of the lines in all surrounds, measured in metres to 3 decimal places. (2) The closure of a survey, and of each parcel of land surveyed, must be done so that the length of the misclose vector is not more than 15mm + 100 parts per million of the perimeter. (3) If the complete dimensions of a partially compiled parcel of land are shown in the survey plan— (a) a surveyor must check the dimensions by calculating the closure of the parcel, and (b) the calculation must be done so that the length of the misclose vector is not more than the relevant amount specified in the table to this subsection— Year of survey Maximum length of misclose vector for level or undulating terrain Maximum length of misclose vector for steep or mountainous terrain 1788 to 1862 1,000 ppm 2,000 ppm 1862 to 1975 500 ppm 1,320 ppm 1975 to 2001 500 ppm 1,000 ppm 2001 to present 60mm + 400 ppm 60mm + 400 ppm (4) A misclose vector must be determined using the following formula— where— a represents the misclose in eastings. b represents the misclose in northings. (5) A surveyor must check all computations and transformations used to prepare a survey plan for accuracy. 27 Calculation of areas of land A surveyor must calculate an area of land using an approved method. Part 4 Horizontal and vertical datum—the Act, s 36(2)(a) 28 Horizontal datum line and orientation (1) A surveyor must, for each survey, determine the position of survey marks that define the horizontal datum line. (2) A surveyor must obtain accurate MGA coordinates for datum connection, accurate MGA orientation and confirmation of the survey. (3) The survey marks adopted for an accurate MGA orientation must be— (a) permanent survey marks or reference marks, and (b) within 1,500m of the land surveyed, and (c) directly connected, by closed loop— (i) to each of the other survey marks adopted for accurate MGA orientation and confirmation of the survey, and (ii) to different corners of the land surveyed. (4) The grid bearing adopted for accurate MGA orientation must be confirmed by angular and distance connection to a third survey mark that has accurate MGA coordinates. (5) If confirmation of the measured datum lines reveals differences that are more than the tolerance specified in section 22, the surveyor must survey an additional connection to at least 1 other permanent survey mark or reference mark that has accurate MGA coordinates. 29 Vertical datum—the Act, ss 4(3)(a) and 5(a) (1) All heights must be related to the AHD or another approved datum. (2) The height values for the AHD or approved datum must be confirmed by closed height difference between 2 bench marks that have accurate values for the relevant datum. Part 5 Boundaries—the Act, s 36(2)(a) and (b) 30 Survey of boundaries (1) A surveyor carrying out a survey to define a boundary must— (a) ascertain the nature and position of monuments relevant to the survey, and (b) if the boundary has previously been surveyed—adopt the boundaries originally marked on the land, unless there is sufficient evidence that the marks have been disturbed, and (c) locate each structure and fence that is— (i) within 1m of the boundary of the land being surveyed, or (ii) relevant to the definition of the boundary, and (d) ensure a boundary defined by the surveyor does not encroach on— (i) a road, or (ii) an adjacent parcel of land. (2) Despite subsection (1)(b), a surveyor carrying out a survey to define a road boundary must adopt any existing boundaries defined by alignment marks, unless there is sufficient evidence that the marks have been disturbed. 31 Monuments used to define boundary missing If a monument previously used to define a boundary is missing, a surveyor must define the boundaries and corners of the land in relation to the following— (a) an adjacent parcel of land, (b) parcels of land on opposite sides of a road, (c) occupations, structures or fences, (d) other evidence of correct location found after full investigation and inquiry. 32 Measurement of boundaries and lines A surveyor must measure boundaries and lines by the most direct method reasonably practicable. 33 Finding existing boundary marks and reference marks (1) This section applies if a surveyor finds a boundary mark and a reference mark together. (2) The surveyor must— (a) determine the bearing and distance between the marks, and (b) if the dimensions between the marks are different from the dimensions shown on the current plan—decide, based on other evidence, which of the dimensions between two marks to adopt. 34 Difference between measured and recorded boundary lengths If a measurement of the length of a boundary of land is different from the length indicated in the document of title relating to the land, the surveyor must confirm the length of the boundary. 35 Partial surveys (1) A partial survey must not be carried out unless— (a) the total area of the land, including any area not being surveyed, is at least 10 hectares, or (b) the survey is carried out for the purpose of the acquisition, or proposed acquisition, of land. (2) A surveyor must, in carrying out a partial survey— (a) connect the terminals of the survey to monuments that have a known relation to the corners of the land, and (b) confirm the position of each terminal, and (c) determine, by survey and using the dimensions from the document of title, the connections between each terminal, and (d) allocate unique identifiers for the terminals of each part surveyed, and (e) survey all intersecting boundaries, and (f) if the boundary between that part of the land and the adjoining land has not been defined by survey—survey the boundary. (3) If the misclose vector of the compiled parcel is more than the relevant tolerance specified in section 26(3), the surveyor must— (a) resolve the inaccuracy by surveying additional boundaries, or (b) provide a comprehensive report in accordance with section 76. (4) In this section— partial survey means a survey of— (a) part of the land in a document of title, or (b) part of the land in 2 or more documents of title. 36 Survey of crooked fence boundary If a crooked fence is used to define a boundary, a surveyor must— (a) survey the crooked fence, and (b) insert the angle points of the boundary in a position that ensures the boundary line does not leave the material of the fence at the surface of the ground. 37 Stratum surveys (1) A surveyor must, in carrying out a stratum survey— (a) connect the survey to 2 bench marks within 250m of the land surveyed, and (b) determine the difference in height between the land surveyed and the bench marks in accordance with sections 23 and 24, and (c) determine MGA coordinates for each bench mark in accordance with section 25, and (d) determine connections to the land surveyed. (2) At least 1 of the bench marks must be within 30m of the land surveyed. (3) At least 1 of the bench marks must be a permanent survey mark. 38 Surveys for affecting interests (1) This section applies to a survey carried out to define an affecting interest. (2) A surveyor must connect the site of the affecting interest by measurement to relevant monuments. (3) A surveyor must redefine the boundary of any parcel of land affected by an affecting interest if the interest being defined— (a) intersects a boundary of land held in different ownership, or (b) ends at a boundary, whether the adjoining land is held in the same or different ownership. 39 Surveys defining roads (1) This section applies to a survey that defines a road, a road frontage or an intersection of roads. (2) The alignment of each road affected by the creation or redefinition of an intersection must be determined. (3) If both sides of a road have been surveyed to define the land, at least 2 connections forming a closed survey across the road must be determined. (4) Connections for subsection (3) must be shown at the following points— (a) each intersection with another road, (b) each terminal of the road, (c) each interval of— (i) for an urban land survey—250m, or (ii) for a rural land survey—1,000m. 40 Surveys of land adjoining Crown managed land or Crown road (1) This section applies to a survey carried out to redefine or subdivide land that— (a) adjoins— (i) Crown managed land, or (ii) a Crown road, and (b) fronts on to a natural feature. (2) If the boundary between the land being surveyed and the adjoining land has not previously been defined by survey, a surveyor must define the boundary by straight lines approximately parallel to the position of the natural feature, as originally defined. Note— See section 30 in relation to surveys to define a boundary that has previously been surveyed. 41 Survey of land bounded by natural features (1) This section applies to a survey carried out if a natural feature forms a boundary of the land surveyed. (2) A surveyor must locate each change of course or direction of the natural feature. (3) If a boundary with a natural feature has not previously been defined, the surveyor must adopt the natural feature as the boundary. (4) If the middle line of non-tidal waters forms the boundary, a surveyor must survey both banks to determine the position of the middle line. (5) If the natural feature is in substantially the same position as in the current plan for the land, a surveyor must adopt the natural feature as the boundary. (6) If the natural feature is not in substantially the same position as in the current plan for the land, a surveyor must adopt a boundary— (a) for a natural feature fronting tidal waters—in accordance with subsection (7), (b) otherwise—in accordance with subsection (8). (7) For a natural feature fronting tidal waters, a surveyor must— (a) if the change is consistent with the doctrine of accretion and erosion—adopt the natural feature as the boundary, or (b) if the change is not consistent with the doctrine of accretion and erosion—adopt the position of the mean high-water mark as defined by a survey plan, survey report or survey record filed or recorded by the Registrar-General or a public authority before the change. Note— The Coastal Management Act 2016, section 28 modifies the doctrine of accretion and erosion in its application to the definition of certain water boundaries. (8) For another natural feature, a surveyor must— (a) if the change is consistent with the doctrine of accretion and erosion—adopt the natural feature as the boundary, or (b) if the change is not consistent with the doctrine of accretion and erosion— (i) if the boundary is defined in the current plan—adopt the boundary as defined, or (ii) if the boundary is not defined in the current plan—adopt the definition of the boundary in the most recent survey plan lodged with the Registrar-General or a public authority. 42 Density of permanent survey marks (1) A surveyor carrying out a survey to redefine or create a parcel of land must connect the survey to— (a) for an urban land survey if the parcel being redefined or created abuts one or more roads— (i) if the parcel of land abuts less than 250m of road—at least 2 permanent survey marks along the abutting road, or (ii) at least 2 permanent survey marks along the abutting road for each interval of 250m of road the parcel of land abuts, or (b) otherwise—at least 2 permanent survey marks. (2) If a road abuts the land being surveyed on both sides, only one side of the road may be taken into account in calculating intervals of 250m under subsection (1)(a). (3) Despite subsection (1), a surveyor carrying out a survey for a relevant purpose must connect the survey to at least 2 permanent survey marks for each interval of— (a) for an urban land survey—250m, or (b) for a rural land survey—2,000m. (4) A surveyor carrying out a survey to define an affecting interest must connect the affecting interest to— (a) if the affecting interest is more than 250m long—at least 2 permanent survey marks for each interval of— (i) for an urban land survey—2,000m, or (ii) for a rural land survey—4,000m, or (b) if the affecting interest is not more than 250m long—2 permanent survey marks, if the marks are within 250m of the affecting interest. (5) In this section— relevant purpose means to— (a) redefine the frontage of a formed road, or (b) acquire land for a road, or (c) create, redefine or widen a road under an Act. 43 Propagation of vertical datum (1) This section applies to the following— (a) a stratum survey, (b) an urban land survey carried out to insert a new permanent survey mark if there are 2 permanent survey marks with accurate AHD values within 250m of the land surveyed. (2) The surveyor must determine an accurate AHD value for— (a) each new permanent survey mark or bench mark, and (b) each permanent survey mark or bench mark to which the survey connects. 44 Connection to permanent survey marks (1) A surveyor must, in carrying out a survey, connect permanent survey marks— (a) by direct lines— (i) to separate corners of the land surveyed that are adjacent to the permanent survey mark, and (ii) between adjacent permanent survey marks, and (b) by closed survey in accordance with section 26(2). (2) Subsection (1)(b) does not apply to a permanent survey mark used as a bench mark only. 45 Surveys for identification or re-marking (1) This section applies to a survey that— (a) identifies the boundaries of a parcel of land, or (b) locates a parcel of land in relation to adjoining land, or (c) re-marks the boundaries of a parcel of land. (2) The survey plan, report or diagram must— (a) state the purpose for which the survey is carried out, and (b) show or describe the location of all relevant boundaries, including natural feature boundaries, shown in the current plan, and (c) if the location of natural features on the land is substantially different from the current plan—show and describe the location of the natural features. (3) The survey plan must not be used for a disposition of land or an interest in land. 46 Surveys not requiring strict accuracy (1) A surveyor may, by written agreement with a client, carry out a survey for a purpose not requiring strict accuracy. (2) The survey must be carried out— (a) in accordance with the agreement, and (b) in the way, and using the markings, specified in the agreement. (3) The survey plan, report or diagram must indicate the accuracy required under the agreement. (4) A survey carried out under this section must not be lodged with the Registrar-General or a public authority unless the survey— (a) is of a kind specified in the Surveyor-General's directions and complies with those directions, or (b) the Surveyor-General approves the lodgment and the survey complies with any conditions of the approval. Part 6 Marking—the Act, s 36(2)(a) and (f) 47 Forms, styles and insertion of survey marks (1) For the Act, section 3(1), definition of permanent survey mark, the form and style of marks specified in Schedule 4 are declared to be the form and style for a permanent survey mark under the Act. (2) For the Act, section 3(1), definition of survey mark, the form and style of marks specified in Schedules 1–4 are declared to be the form and style for a survey mark under the Act. (3) Survey marks must be constructed and inserted in accordance with the requirements specified in Schedules 1–4. (4) Despite subsection (3), if a bench mark, boundary mark or reference mark to be inserted in an ornamental wall or path, or a similar structure, is likely to cause undue damage to the structure if inserted as required by Schedules 1–3, the surveyor may reduce the size of the mark to the minimum extent necessary to avoid damage. 48 Boundary marks (1) A surveyor must insert boundary marks to clearly mark— (a) all lines that form or will form boundaries between parcels of land, and (b) each corner of the land, and (c) if the land is being subdivided—each corner of each parcel of land. (2) The boundary marks must be— (a) durable, and (b) inserted in a way that ensures the boundaries are clearly identifiable. (3) If it is not possible to insert a boundary mark at a corner, a surveyor must insert a reference mark unless the corner does not have an accessible surface. (4) If the boundary is an arc, a surveyor must insert— (a) a boundary mark at each end of the arc, and (b) if the arc is more than a quarter but not more than half of the circumference of a circle—2 boundary marks at approximately equal intervals on the arc, and (c) if the arc is more than half but not more than three-quarters of the circumference of a circle—3 boundary marks at approximately equal intervals on the arc, and (d) if the arc is more than three-quarters of the circumference of a circle—4 boundary marks at approximately equal intervals on the arc. (5) Subsection (4) does not apply to an arc boundary marked in accordance with section 53(4)(b). (6) If a boundary in a rural land survey is unfenced, a surveyor must— (a) mark the boundary with lockspits in the direction of the boundary from each corner, angle or line mark, and (b) insert boundary marks as line marks at intervals of not more than— (i) if 1 mark cannot be seen from the next—250m, or (ii) otherwise—500m. (7) Subsection (6) does not apply to a land survey carried out for mining purposes. (8) Despite subsection (1), a surveyor is not required to mark— (a) an existing unformed road boundary that divides a parcel of land, or (b) for a survey to acquire land to create, redefine or widen a road under an Act—the boundaries of an existing road frontage, if the marks are likely to be disturbed by the creation, redefinition or widening of the road. (9) Despite subsection (1)(b), a surveyor is not required to mark a corner when carrying out a rural land survey if— (a) a fence post is on the corner where a reference mark has been inserted, and (b) the survey plan refers to the fence post. (10) Despite subsection (1)(b), a surveyor is not required to mark a corner when carrying out a land survey for mining purposes if— (a) the corner is being mined within the meaning of the Mining Act 1992, and (b) the boundary mark is likely to be disturbed. (11) This section does not apply to a survey carried out only to define an affecting interest. 49 Marking of natural feature boundaries (1) Despite section 48(1)(b), a surveyor is not required to mark a corner of the land being surveyed if a natural feature at the corner is liable to erosion. (2) The surveyor must mark the boundary by inserting a boundary mark on the side boundary at a safe distance from the natural feature. 50 Marking boundaries of Crown managed land (1) A surveyor must mark the landward boundary of Crown managed land that abuts tidal waters in accordance with section 48. (2) A surveyor must mark the landward boundary of Crown managed land that abuts a natural feature, other than tidal waters— (a) in accordance with section 48, or (b) by inserting a reference mark— (i) at the terminals of the boundary, and (ii) at intervals of not more than 1,000m along the boundary. 51 Reference marks generally (1) A surveyor must, in carrying out a survey, insert or connect at least 2 reference marks. (2) A surveyor must not connect a reference mark to— (a) more than 1 point, or (b) a point that is more than 30m from the mark. (3) Subsection (2)(a) does not apply if there is another reference mark— (a) for an urban land survey—within 10m of the point, or (b) for a rural land survey— (i) within 30m of the point, and (ii) if the land abuts a road—on the same side of the road. (4) A reference mark must be inserted— (a) in a position that is unlikely to be disturbed, and (b) only in relation to the land surveyed, unless the mark is inserted to relate to the same point as an existing reference mark. (5) If the only reference mark referencing the corner of any land is inserted in a tree, a surveyor must insert a second reference mark that references the corner. (6) If a specific point reference mark is used to reference a corner of land that abuts a road, a surveyor must insert a second reference mark within the road corridor. 52 Reference marks for boundaries (1) If land surveyed abuts a natural feature, a surveyor must insert or connect reference marks to reference the extremity of the land fronting the natural feature. (2) If land surveyed has a natural feature boundary with a frontage greater than 500m, a surveyor must, for each intersection of a side boundary with the natural feature, insert or connect reference marks to refer to the marks on each side boundary. (3) A surveyor must, in carrying out the following surveys, insert or connect at least 2 reference marks for each parcel of land surveyed— (a) a survey of land that does not abut a road, (b) a rural land survey. (4) If a survey relates to only part of the land in a document of title, the surveyor must insert or connect at least 1 reference mark to mark each terminal of each part surveyed. (5) If a boundary of land surveyed is more than 2,400m long, whether or not the boundary includes one or more bends, a surveyor must insert or connect additional reference marks along the boundary at intervals of not more than 1,500m. 53 Reference marks for roads (1) This section applies to a land survey carried out to— (a) create, redefine or widen a road under an Act, or (b) define a road frontage of a lot. (2) A surveyor must insert a reference mark for each point on the land surveyed to reference the following— (a) if the land surveyed abuts a road—the extremity of the land fronting the road, (b) each terminal of the road created or defined, (c) each intersection with other roads, (d) if the intervening side boundaries are not more than 250m apart— (i) each angle of the road, and (ii) each tangent point of a curve or arc in the road, and (iii) the terminal of a series of chords of a regular curve in the road. (3) The maximum distance between 2 successive reference marks along a road frontage must not be more than— (a) for an urban land survey— (i) if there are intervening side boundaries—100m, or (ii) otherwise—250m, or (b) for a rural land survey—1,000m. (4) A surveyor must insert a reference mark at the intersection of road boundaries— (a) if a triangle is cut off from the corner formed by the intersection—to mark either end of the base line of the triangle or the point of intersection, or (b) if the corner is rounded off—to reference either tangent point or the point of intersection, or (c) if the corner is not cut off or rounded off—to reference the point of intersection. (5) A surveyor must, as far as is practicable, insert reference marks— (a) to reference the same side of the road, and (b) in pairs suitable for orientation purposes along the road. (6) For a survey to create, redefine or widen a road under an Act, there must be 2 reference marks if a reference mark consists of a drill hole and wing. (7) If a road being created joins or intersects an existing road with reference marks, a surveyor must— (a) connect the existing marks to the reference marks inserted in the road being created, and (b) compare the orientation of the existing marks with the orientation of the new reference marks, and (c) define the existing road in the survey, and (d) compare the orientation of the existing road using existing plans. 54 Reference marks for affecting interests (1) This section applies to a surveyor carrying out a survey to define an affecting interest. (2) Despite subsection (1), this section does not apply to a survey carried out for the following purposes— (a) the creation of an easement over— (i) existing underground pipes and conduits, or (ii) if the precise location of pipes and conduits within a building cannot reasonably be determined—existing pipes and conduits, or (iii) an existing access track, (b) if the affecting interest is located wholly within the land being subdivided—the subdivision of land. (3) The surveyor must insert — (a) a reference mark at— (i) if the affecting interest is not more than 250m long—1 terminal of the affecting interest, or (ii) if the affecting interest is more than 250m long—each terminal of the affecting interest, and (b) additional reference marks— (i) for an urban land survey—at intervals of not more than 500m, or (ii) for a rural land survey—at intervals of not more than 1,000m. 55 Permanent survey marks (1) For the Act, section 25, a surveyor— (a) must insert a permanent survey within the following distance if there is no permanent survey mark within that distance— (i) for an urban land survey—250m of the land surveyed, (ii) for a rural land survey—1,500m of the land surveyed, and (b) may insert a permanent survey mark if, in the surveyor's opinion, the insertion is required. (2) A permanent survey mark must be inserted in a position that is— (a) suitable for orientation and redefinition of the survey, and (b) unlikely to be disturbed, and (c) if situated at a road intersection, road angle or crest of a hill— (i) visible from other permanent survey marks without obstruction, and (ii) suitable for inclusion in the State control survey. (3) If a land survey creates more than 10 lots, at least 2 or a quarter of the permanent survey marks inserted, whichever is the greater, must be— (a) for an urban land survey—a Type 4 permanent survey mark, or (b) for a rural land survey—a Type 4 or 6 permanent survey mark. 56 Insertion of broad arrows A broad arrow survey mark may only be inserted by— (a) the Surveyor-General, or (b) a public authority, or (c) a surveyor carrying out a survey for— (i) the Surveyor-General, or (ii) a public authority. Part 7 Field notes—the Act, s 36(2)(a) 57 Surveyor to make field notes (1) A surveyor's field notes must be neat, precise, complete and intelligible in accordance with the usage of surveyors. (2) A surveyor must, whether in the field or elsewhere, record facts, readings, calculations and observations immediately after determining the fact, reading, calculation or observation. (3) A surveyor must keep— (a) all field notes made by the surveyor, with indexes and cross-references to facilitate the preparation of a complete and accurate survey plan, and (b) all other relevant information and documents. (4) If a surveyor records field notes electronically, the surveyor must keep— (a) an electronic copy, in the same form as originally recorded, and (b) a copy of the reduced and formatted data. (5) A surveyor's field notes must include the following information— (a) the date on which the surveyor carried out the survey to which the notes relate, (b) the nature and position of each survey mark or monument found by the surveyor, (c) the nature of each survey mark, other than a peg, inserted by the surveyor, (d) the measurement methods and equipment used to carry out the survey, (e) the confirmation measurements carried out under section 14, (f) the horizontal datum line of the survey and the origin of the orientation adopted, (g) the confirmation of orientation, (h) the confirmation of height, (i) if identifiable and relevant to the survey— (i) the names of estates, houses, roads, rivers, creeks and lakes, and (ii) the street addresses of houses, (j) whether a measurement discloses the length of a boundary to be different from the length indicated in the document of title relating to the land surveyed, (k) the state of a monument relevant to the definition of the land as "found", "gone", "disturbed" or "inaccessible". (6) A surveyor must not record a monument as "gone" under subsection (5)(k) unless— (a) there has been a thorough search for the monument, and (b) the surveyor has recorded measurements to the monument's probable site in the field notes. 58 Surveyor to sign and date field notes (1) A surveyor must sign and date the surveyor's field notes. (2) If the field notes are recorded electronically, subsection (1) applies to the reduced and formatted data. (3) Before signing, the surveyor must be satisfied the field notes, including the date on which the work was performed and recorded, are accurate. 59 Field notes for surveys carried out for public authority—the Act, s 5(b) (1) This section applies to a surveyor who carries out a survey for a public authority. (2) The Surveyor-General may request— (a) a surveyor's original fields notes for a survey, or (b) a true copy of the surveyor's field notes for the survey. (3) A surveyor must comply with a request made under subsection (2). Part 8 Formal land survey plans—the Act, s 36(2)(b) 60 Application of part For the Act, section 3(1), definition of formal land survey plan, this part specifies requirements that apply to the preparation of formal land survey plans. 61 Requirements for formal land survey plans (1) The following information must be included in a formal land survey plan— (a) the name assigned by the Geographical Names Board to— (i) the locality or suburb within which the land is situated, and (ii) natural features shown on the survey plan, (b) the name, if any, assigned by the roads authority to a road shown on the plan, (c) the street address of the land, if available, in the approved format, (d) whether the survey is an urban land survey or rural land survey, (e) whether a survey report has been prepared in relation to the survey plan. (2) The first page of the formal land survey plan must include all document of title references relating to the land surveyed. (3) The equipment used for the survey must be listed in an approved schedule to the formal land survey plan. (4) A surveyor must use the conventional signs and symbols specified in Schedule 5 in preparing a formal land survey plan. (5) In this section— Geographical Names Board means the board constituted under the Geographical Names Act 1966. roads authority has the same meaning as in the Roads Act 1993. 62 Recording datum line and connections to survey marks A formal land survey plan must show the following— (a) distinguishing characters used to identify the terminals of the horizontal datum line adopted for the survey and datum confirmation lines, (b) the grid bearing adopted for accurate MGA orientation, (c) the distance between the survey marks adopted for accurate MGA orientation, (d) a comparison, for the horizontal datum line and datum confirmation lines, of measured bearings and distances with the bearings and distances derived from accurate MGA coordinates, (e) if confirmation of the horizontal datum line and datum confirmation lines reveals differences that are more than the tolerance specified in section 22—the observed and calculated bearings and distances for all of the lines, (f) the connection, by direct lines in a closed loop, between all survey marks adopted for accurate MGA orientation and confirmation of the survey, (g) the connection, by direct lines to different corners of the land surveyed, of each survey mark used to determine accurate MGA orientation to form a closed loop, (h) the horizontal datum adopted for orientation, stated adjacent to the north point on the plan, in an approved form. 63 Showing boundaries on formal land survey plans (1) A formal land survey plan must show the following— (a) sufficient information to connect all survey marks shown on the plan by bearing and distance, (b) for permanent survey marks— (i) connections from the land surveyed to a permanent survey mark by closed loop, and (ii) direct lines between adjacent permanent survey marks in a closed loop, and (iii) connections to separate corners of the land surveyed from each adjacent permanent survey mark, (c) for each bench mark— (i) accurate MGA coordinates determined in accordance with section 25(1), or (ii) if the bench marks are used for height only—MGA coordinates determined in accordance with section 25(2), (d) connections, by direct lines, from each bench mark to the land surveyed, (e) if the angular work is checked by comparing the angular work to established survey marks—the comparison, (f) the complete dimensions, including bearings, distances and area, of each parcel of land surveyed, including roads being created or redefined in the plan, (g) if the survey defines a road, a road frontage or an intersection of roads—the following, determined in accordance with section 39— (i) the alignment of each affected road, (ii) the connections across each road, (h) if the land surveyed is a parcel located wholly within another parcel and that does not intersect with a boundary of that parcel—at least 2 connections from different corners of the inner parcel to different corners of the outer parcel, (i) the nature of the boundaries, including whether a boundary is defined by— (i) survey marks, or (ii) lockspits, or (iii) a natural feature, or (iv) a fence, building, wall or other artificial feature, (j) the width of all common walls and the position of the boundaries in the walls, (k) the description and location, including the nature, material and relationship to the boundary, of each substantial structure, including a fence, jetty, slip rail or boat shed, that is— (i) within 1m of the boundary of the land surveyed, or (ii) otherwise relevant to the boundary definition, (l) the approximate age of— (i) a fence that is within 1m of the boundary of the land surveyed or otherwise relevant to the boundary definition, and (ii) a substantial structure that is relevant to the boundary definition. (2) If a surveyor surveys part of a parcel, the surveyor must include the following in the formal land survey plan— (a) the complete dimensions, including area, if available, of each parcel, (b) a reference to the plan from which the dimensions were obtained, (c) the unique identifier of the terminals of each part surveyed, (d) the connections between each terminal by— (i) survey, and (ii) compiled close, (e) for parts that do not form part of a closed parcel—a connection between each terminal of each part surveyed to form a closed loop, (f) the tolerance category of the maximum misclose vector for the parcel of land, as required by section 26(3). (3) If a surveyor uses a crooked fence to define a boundary, the surveyor must include the following in the formal land survey plan— (a) confirmation that a crooked fence has been used, (b) the location and nature of the angle points, (c) the age, nature and construction material of the crooked fence at the date of the survey. (4) If a surveyor defines an unfenced boundary in a rural land survey, the type and position of each of the marks placed in accordance with section 48(6) must be shown on the formal land survey plan. (5) If a boundary mark cannot be inserted at a corner, the corner must be shown on the formal land survey plan by— (a) a reference mark with a note stating the following— (i) that the corner was not marked, (ii) why the corner was not marked, or (b) if the corner does not have an accessible surface for marking—the obstructed boundary corner symbol specified in Schedule 5. (6) If a boundary is the face of a wall, the formal land survey plan must describe the boundary as "face of wall". (7) A wall must not be described as a "party wall" unless— (a) the wall is the subject of cross-easements referred to in relation to party walls in the Conveyancing Act 1919, or (b) the formal land survey plan is intended to create those easements for the wall. 64 Showing affecting interests on formal land survey plans (1) This section applies to a survey carried out to define an affecting interest. (2) The formal land survey plan must show connections from the affecting interest to the nearest corner of the boundary if the affecting interest— (a) intersects a boundary of land held in different ownership, or (b) ends at a boundary, whether the land is held in the same or different ownership. (3) The essential measurements of the site of the affecting interest must be shown on the formal land survey plan by bearing and distance. (4) Subsection (3) does not apply to an easement to be created over— (a) existing underground pipes and conduits, or (b) if the precise location of pipes and conduits within a building cannot reasonably be determined—the existing pipes and conduits, or (c) an existing access track. (5) The approximate positions of intersections between an easement referred to in subsection (4) and existing parcel boundaries, with appropriate notations, must be shown on the formal land survey plan. (6) An affecting interest must be shown on the formal land survey plan as— (a) "easement" or description of the easement, "restriction on the use of land", "positive covenant" or "profit à prendre", or (b) "proposed easement" or description of the proposed easement, "proposed restriction on the use of land", "proposed positive covenant" or "proposed profit à prendre". 65 Showing landward boundaries on formal land survey plans (1) This section applies to the first survey for the definition or subdivision of land that adjoins Crown managed land, or a Crown road, of a stipulated width that fronts on to a natural feature. (2) The formal land survey plan must show the following— (a) the boundary by straight lines, (b) the position of the natural feature, (c) the position of an existing road formation or fencing, (d) the position of the natural feature as originally defined. 66 Showing natural features on formal land survey plans (1) A formal land survey plan that shows a natural feature or natural feature boundary must— (a) describe the natural feature, and (b) indicate a natural feature or natural feature boundary by a spline curve that generally follows the position of the feature or boundary, and (c) if a natural feature boundary adopted under section 41 differs from the position of the natural feature—indicate the position of the boundary and the natural feature, and (d) include a table of sequential bearings and distances to show each change in direction of the natural feature or natural feature boundary, and (e) show the connection between terminals of the natural feature for each lot, and (f) if a boundary mark has been inserted in accordance with section 49—show the distance from the mark to the natural feature, and (g) show the description and relationship of the natural feature boundary to sea walls, reclaimed land, jetties, boat ramps, slip rails or other structures, and (h) show the extent of encroachments on adjoining land that are reasonably ascertainable, and (i) if the middle line of non-tidal waters forms a boundary of land, or must otherwise be defined—show both banks and the middle line. (2) In this section— spline curve means a continuous curve— (a) constructed to pass through a given set of points, and (b) with continuous first and second derivatives. 67 Formal land survey plan to show coordinate schedule, height schedule and height difference schedule (1) All MGA coordinates shown in a formal land survey plan must— (a) relate to the same MGA zone, and (b) be derived from the same datum. (2) All height values and height differences shown in a formal land survey plan must relate to the same datum. (3) The following must be shown in an approved schedule in a formal land survey plan— (a) for MGA coordinates shown in the survey plan—the MGA zone and datum adopted, (b) for height values and height differences shown in the survey plan—the datum adopted. 68 Nature and position of survey marks (1) A formal land survey plan must show the following— (a) the nature and position of each survey mark or monument found by the surveyor, (b) the nature of each survey mark, other than a peg, inserted by the surveyor, (c) the position of each survey mark inserted by the surveyor, (d) the state and origin of survey marks or monuments relevant to the definition of the land as "found", "gone", "disturbed" or "inaccessible", (e) the essential measurements from each survey mark or monument to the applicable corner, angle, line mark or boundary, (f) if the surveyor adopts an alignment mark as a reference mark—the alignment mark specified in Schedule 5. (2) If reference marks are inserted or found at depths of more than 300mm below the existing surface of the ground, the depth must be shown on the survey plan. (3) The surveyor must note on the survey plan the origin of each mark or monument and essential measurements by reference to the plan that the surveyor is adopting. 69 Discrepancies in land survey (1) A discrepancy suggested by or encountered in a land survey that is more than the tolerance specified in section 22 must be shown on the formal land survey plan. (2) If a surveyor determines there is a difference between the surveyor's measurement of the length of a boundary of land and the length indicated in the document of title relating to the land, the formal land survey plan must show— (a) the monuments, or other objects or points, adopted for the measurement, and (b) details of the difference. (3) If a monument previously used to define a boundary is missing, the formal land survey plan must indicate whether there is sufficient land available to allow the surveyor's measurement to be adopted without encroaching on a road or adjacent parcel of land. Part 9 Survey certificates—the Act, s 36(2)(a) 70 Survey certificates (1) A surveyor who carries out a land survey must complete a survey certificate in the form specified in— (a) for formal land surveys—Schedule 8, Form 1, or (b) for a survey to which section 45 applies—Schedule 8, Form 2, or (c) for a survey to which section 46 applies—Schedule 8, Form 3. (2) The surveyor must not complete the survey certificate until after— (a) all survey marks required for the survey are inserted, and (b) the survey plan, report or diagram is completed. (3) A surveyor must include a survey certificate with each of the following prepared by the surveyor— (a) a formal land survey plan, (b) a survey plan, report or diagram referred to in section 45 or 46. (4) A survey certificate may be attached to another certificate that must be endorsed or given under another Act or law. 71 Consent certificates (1) A surveyor may complete a consent certificate for a land survey before all survey marks required for the survey have been inserted. (2) A consent certificate may only be used to satisfy a requirement under this Act, or another Act or law, to seek approval or consent. (3) A consent certificate must be— (a) in the form specified in Schedule 8, Form 4, and (b) included with a formal land survey plan prepared by the surveyor. Part 10 Reporting—the Act, s 36(2)(a) 72 Records of verification, validation and confirmation (1) A surveyor must keep records of verification, validation and confirmation carried out under Part 2. (2) A surveyor must, at the written request of the Surveyor-General, give the records to the Surveyor-General. 73 Permanent survey marks (1) A surveyor must give the Surveyor-General written notice if the surveyor— (a) inserts a permanent survey mark, or (b) becomes aware that a permanent survey mark— (i) has been removed, damaged or destroyed, or (ii) is in a state of disrepair. (2) The notice must— (a) specify the number, type and location of the permanent survey mark, and (b) if the surveyor has inserted a permanent survey mark—include a sketch plan, prepared in accordance with the Surveyor-General's directions, showing the following— (i) the location of the mark, (ii) the MGA coordinates of the mark, (iii) an estimate of the accuracy of the MGA coordinates. (3) A notice under subsection (1)(a) must be given to the Surveyor-General before the earlier of— (a) 2 months after the day on which the surveyor inserted the mark, or (b) the day on which the surveyor lodges a formal land survey plan with the Registrar-General or a public authority. 74 Definition of natural feature boundaries (1) This section applies if, in carrying out a survey for a survey plan to be lodged with the Registrar-General or a public authority, a surveyor defines a natural feature boundary in accordance with section 40 or 41. (2) The surveyor must— (a) prepare a comprehensive report about the surveyor's definition of the boundary, and (b) lodge the report with the survey plan. (3) The comprehensive report must include the following— (a) the basis and method used to determine the position of the boundary, (b) evidence to support the following— (i) the position of the boundary, (ii) if the surveyor reasonably believes the natural feature is in substantially the same position as in the current plan for the land—that fact, (iii) if the surveyor reasonably believes the natural feature is not in substantially the same position as in the current plan for the land—that fact, including the reasons for the change and the process by which the change has taken place, (c) if paragraph (b)(iii) applies—a statement as to whether the change in position is consistent with the doctrine of accretion and erosion, (d) photographs, documents or other information relevant to the position of the natural feature required by the Surveyor-General's directions. 75 Approval of owner of adjacent land (1) This section applies if, in carrying out a survey for the purpose of lodging a survey plan with the Registrar-General, a surveyor defines a natural feature boundary in accordance with section 40 or 41. (2) The surveyor must, before lodging the plan with the Registrar-General, obtain approval for the following— (a) the first definition of the boundary, (b) a change to the definition of the mean high-water mark boundary, (c) if the mean high-water mark boundary has not been defined within the last 20 years—the definition of the mean high-water mark boundary. (3) Approval must be obtained from— (a) if the adjoining land below the mean high-water mark is Crown land—the Minister administering the Crown Land Management Act 2016, or (b) otherwise—the owner of the adjoining land. (4) In seeking the owner's or the Minister's approval, the surveyor must give the owner or the Minister the comprehensive report, prepared under section 74, about the surveyor's definition of the boundary. 76 Misclose vector of partially surveyed parcel of land (1) This section applies if a surveyor provides a report in the circumstances specified in section 35(3)(b). (2) The comprehensive report must— (a) explain why further surveying of the land is not required, and (b) specify the misclose vector for each parcel of land partially surveyed, and (c) specify the tolerance, in accordance with section 26(3), for all measurements of each parcel of land partially surveyed, and (d) specify the likely reason the misclose vector of a partially surveyed parcel of land is more than the relevant tolerance specified in section 26(3). 77 Doubts and difficulties in land survey A doubt or difficulty encountered in a land survey must be disclosed in a comprehensive report lodged with the formal land survey plan. 78 Report requirements A surveyor preparing a report under this part must— (a) sign the report, and (b) include the surveyor's name and identification number in the report. Part 11 Registration of surveyors 79 Application of part This part applies to the registration of a person as a registered surveyor. 80 Required practical experience—the Act, s 36(2)(c) (1) In this part, a person has the required practical experience if the person is a student of surveying and has been employed in the surveying and spatial information industry— (a) whether in New South Wales or elsewhere, for the relevant period during the 5 years immediately before the person applies for registration, and (b) while employed, the person obtained practical experience carrying out land surveys or mining surveys, as the case requires, for the equivalent of at least 1 year of full-time employment. (2) In this section— relevant period means— (a) for registration as a land surveyor—the equivalent of at least 2 years' full-time employment, or (b) for registration as a mining surveyor—the equivalent of at least 3 years' full-time employment. 81 Qualifications for registration—the Act, s 36(2)(c) and (d) (1) A person is eligible to be registered as a surveyor if the person— (a) holds the required qualifications, and (b) has the required practical experience, and (c) has passed the relevant Board examination, and (d) is, in the Board's opinion, of good character. (2) The Board may determine the time and place at which examinations may be held. (3) For the Act, section 36(2)(j), the fee payable for sitting a Board examination is specified in Schedule 7. 82 Information about applicants—the Act, s 10(5) Without limiting the Licensing and Registration (Uniform Procedures) Act 2002, section 43(1), the Board may require an applicant for registration to give the Board the following— (a) evidence that the applicant holds the required qualifications, (b) evidence that the applicant has the required practical experience, (c) evidence that the applicant has passed the relevant Board examination, (d) one or more character references about the applicant given within the last 2 years, (e) a recent passport photograph of the applicant. Note— The Act, section 10(2) applies the Licensing and Registration (Uniform Procedures) Act 2002, Part 3 to registration under the Act. 83 Conditions of registration—the Act, s 36(2)(h) It is a condition of a registered surveyor's registration that the surveyor comply with the continuing professional development requirements specified in a Board determination. 84 Conditions of registration as registered mining surveyor—the Act, s 36(2)(h) The Board may grant an application for registration as a registered mining surveyor subject to a condition restricting the surveyor to the carrying out of mining surveys only in relation to open cut mines or underground metalliferous mines. 85 Register of surveyors—the Act, s 15(3)(a) (1) The following details about each registered surveyor must be recorded in the register of surveyors— (a) the surveyor's qualifications, (b) for a surveyor originally registered or licensed interstate or overseas—the State, Territory or country in which the surveyor was originally registered or licensed, (c) the surveyor's address for service of notices, (d) details of action taken by the Board in relation to the surveyor under the Act, section 12 or 13, including the date on which the action was taken, (e) for a registered mining surveyor whose registration is subject to the condition specified in section 84—a statement to that effect. (2) For the Act, section 36(2)(j), the fee payable for a copy of an entry in the register of surveyors is specified in Schedule 7. 86 Certificates of meritorious service The Board may give a certificate of meritorious service to a person who surrenders the person's certificate of registration under the Licensing and Registration (Uniform Procedures) Act 2002, section 50(7) if satisfied that it is appropriate to give the certificate in recognition of the person's contribution to surveying. 87 Fees relating to registration For the Act, section 36(2)(j), the fees payable for the following matters relating to registration are specified in Schedule 7— (a) applications for the following— (i) the granting of registration, (ii) the restoration of registration, (iii) replacement certificates of registration, (b) registration as a land surveyor, mining surveyor, or both, (c) administration fees for mutually recognised registration. Part 12 Board of Surveying and Spatial Information 88 Constitution of Board (1) For the Act, section 27(2)(c), the following professional associations are prescribed— (a) the Institution of Surveyors NSW Ltd (ABN 14 000 001 329), (b) the Association of Consulting Surveyors New South Wales Incorporated (ABN 67 174 505 197). (2) For the Act, section 27(2)(d), the AIMS - Australian Institute of Mine Surveyors Limited (ABN 82 099 981 334) is prescribed. 89 Constitution and procedure of committees assisting Board—the Act, s 30(3) Schedule 6 contains provisions in relation to the constitution and procedure of a committee established to assist the Board in the exercise of the Board's functions. 90 Complaints against registered surveyors—the Act, s 36(2)(i) (1) A person (a complainant) may complain to the Board regarding the conduct of a registered surveyor. (2) A complaint must— (a) be made in the form approved by the Board, and (b) contain the particulars specified in the Board's complaint policy. (3) The Board must— (a) deal with the complaint in accordance with the Board's complaint policy, and (b) notify the complainant of any action taken by the Board in relation to the complaint. (4) Despite subsection (3), the Board may decline to deal with a complaint if, in the Board's opinion— (a) the complaint is vexatious, malicious or was not made in good faith, or (b) there has been an unreasonable delay in the making of the complaint. (5) In this section— Board's complaint policy means the Policy for the consideration of complaints against registered surveyors issued by the Board and as in force from time to time. 91 Board determinations—the Act, s 36(2)(c), (d), (h) and (k) (1) The Board may do the following (each a Board determination)— (a) approve an examination, whether oral or written, or both, for assessing a person's eligibility for registration as a surveyor (a Board examination), (b) specify the qualifications that are required for registration as a surveyor (the required qualifications), (c) specify the abilities and experience a person must have to be a surveyor's assistant, (d) specify continuing professional development requirements for registered surveyors, (e) determine what constitutes general or immediate supervision for the Act, section 21(3) or 22(3). (2) The Board must publish a Board determination on the Board's website. Part 13 Miscellaneous—the Act, s 36 92 Recording bearings, distances, heights and co-ordinates (1) This section applies to field notes and survey plans. (2) All angles and bearings must be shown in degrees, minutes and seconds. (3) All bearings must be expressed as clockwise from 0 to 360 degrees. (4) All distances, coordinates, heights and differences in height must be shown in metres. (5) All distances must be horizontal plane distances measured at ground level in metres unless otherwise approved. 93 Students of surveying, survey drafters and surveyor's assistants (1) For the Act, section 3(1), definition of student of surveying, a student of surveying means a person who is included in a list of students of surveying kept by the Board who is— (a) enrolled in a course of study that leads to a required qualification, or (b) has completed a course of study that leads to a required qualification. (2) For the Act, section 3(1), definition of survey drafter, a survey drafter means a person who prepares a survey plan for a registered surveyor under the surveyor's direction and supervision. (3) For the Act, section 3(1), definition of surveyor's assistant, a surveyor's assistant means a person who— (a) has the abilities and experience specified in a Board determination, and (b) is included in a list of surveyor's assistants kept by the Board. (4) For the Act, section 36(2)(j), the fee payable for inclusion in the list of students of surveying or surveyor's assistants is specified in Schedule 7. 94 Notice of proposed entry to land (1) The notice referred to in the Act, section 19(1), must be given in the form specified in Schedule 8, Form 5. (2) The notice may be given— (a) by delivering it to a person apparently over the age of 16 years and residing on, or in occupation of, the land to be entered, or (b) if there is no person available as referred to in paragraph (a)—by affixing it in a conspicuous position— (i) at the main point of entry to the land, or (ii) at the main point of entry to a building situated on the land, or (iii) to another conspicuous object situated on the land. 95 Certificate of authority (1) For the Act, sections 26 and 36(2)(g), a certificate of authority must be in the form specified in Schedule 8, Form 6. (2) For the Act, section 36(2)(j), the fee for an application for a certificate of authority is specified in Schedule 7. 96 Authorisation to remove survey marks A person must apply to the Surveyor-General for authorisation under the Act, section 24(1) at least 14 days before the date on which the person intends to remove, damage, destroy, obliterate or deface the following survey marks— (a) permanent survey marks, (b) reference marks, (c) bench marks. 97 Repeal and savings (1) The Surveying and Spatial Information Regulation 2017 is repealed. (2) An act, matter or thing that, immediately before the repeal of the Surveying and Spatial Information Regulation 2017, had effect under that regulation continues to have effect under this regulation. (3) A survey completed after the commencement of this regulation, but before 1 January 2026, in accordance with the Surveying and Spatial Information Regulation 2017, as in force immediately before its repeal, is taken to have been carried out in accordance with this regulation. Schedule 1 Bench marks section 47(2) and (3) Mark Form and style of mark Requirements for inserting mark Permanent Survey Mark As for the permanent survey marks specified in Schedule 4. As specified in Schedule 4. Chiselled triangle Chiselled equilateral triangle with sides at least 80mm long, 10mm wide and 10mm deep. Cut in horizontal concrete, stone or another substantial structure. The top surface of the concrete or stone within the triangle is the reference point. Chiselled triangle must be cut around the mark. Bolt or nail Non-corrodible bolt or nail at least 50mm long and 3.5mm wide. Inserted vertically into timber, rock, concrete or another substantial structure. The top of the bolt or nail is the reference point. Must have a horizontal surface that may be accessed by a levelling staff. Specific point A specific point on a permanent and substantial structure. The specific point must be adequately described. If practicable, a chiselled wing must be cut and directed to the mark. Secured by a— "Bench Mark" token A non-corrodible token at least 32mm wide and 1.5mm thick with "Bench Mark" permanently stamped, engraved or etched on the upper surface. (a) non-corrodible nail that is at least 50mm long and 5mm wide, or (b) non-corrodible screw or domed rivet that is long enough to securely fix the token to the surface and at least 5mm wide. Schedule 2 Boundary marks section 47(2) and (3) Mark Form and style of mark Requirements for inserting mark Peg of sound, durable hardwood or white cypress pine pointed for about two-thirds of its length or polycarbonate pegs. Rural land surveys— The centre of the top of a peg must represent the survey point except that, if conditions prevent the correct centring of a peg, the survey point may be represented by a non-corrodible tack or nail driven into the peg. Peg (a) for a peg used to mark the corner of the land surveyed—at least 450mm long and at least 75mm by 75mm nominal section at the top end, or Peg must be inserted upright in the ground, point downwards, so its top is not more than 80mm above ground level. The earth surrounding it must be securely compacted. (b) for a peg used to mark the boundary line of the land surveyed—at least 350mm long and at least 75mm by 35mm nominal section at the top end. If a peg projecting above the surface of the ground could be hazardous or inconvenient to the public, the peg may, at the discretion of the surveyor, be inserted flush with the surface of the ground. If inserted that way, the fact must be noted on the survey plan. Urban land surveys—for a peg used to mark the corner of the land surveyed—at least 350mm long and at least 75mm by 35mm nominal section at the top end. Drill hole Drill hole at least 5mm wide and 10mm deep. Drilled into rock, concrete or another substantial structure. Drill hole and wing Drill hole at least 5mm wide and at least 10mm deep with a chiselled wing that is at least 80mm long, 20mm wide and 10mm deep at the base, pointed at one end. Drilled into rock, concrete or another substantial structure. Nail Non-corrodible nail at least 50mm long and 3.5mm wide. Securely inserted into timber, rock, concrete or another substantial structure. The head of the nail must mark the corner of the land surveyed. Nail and wing Non-corrodible nail at least 50mm long and 3.5mm wide with a chiselled wing that is at least 80mm long, 20mm wide and 10mm deep at the base, pointed at one end. Securely inserted into timber, rock, concrete or another substantial structure. A chiselled wing must be cut and directed to the mark. Metal spike or galvanised iron pipe that is at least 300mm long and has— Inserted vertically and driven flush to the surface of the ground. Metal spike or galvanised iron pipe (a) for a solid metal spike—an external diameter of at least 20mm, or Only to be used if the insertion of a peg is not practicable. (b) for a galvanised iron pipe—an internal diameter of at least 20mm and a wall thickness of at least 2.6mm. Galvanised metal star picket Star picket at least 300mm long. Inserted vertically and at least flush with the surface of the ground. Only to be used if the insertion of a peg or pipe is not practicable. Secured by a— "Boundary Mark" token A non-corrodible token at least 32mm wide and 1.5mm thick with "Boundary Mark" permanently stamped, engraved or etched on the upper surface. (a) non-corrodible nail that is at least 50mm long and 3.5mm wide, or (b) non-corrodible screw or domed rivet that is at least 4.5mm in diameter and long enough to securely fix the token to the surface. A broad arrow that— Broad arrow (a) comprises 3 chiselled wings that are at least 80mm long, 20mm wide and 10mm deep at the base, and Cut in rock, concrete, another substantial structure or fixed timber. (b) is pointed at one end. A trench, or line of packed stones, that— Dug or inserted in the direction of the boundary lines. Lockspit (a) is at least 1,000mm long, 200mm wide and 150mm high, and If the type of soil renders trenches ineffective, direction stakes at least 50mm wide, 30mm thick and 450mm long may be inserted in the direction of the boundary lines 4,000mm from the corner. (b) starts 300mm from each boundary mark. Steel fence post A steel fence post, excluding a star picket. The steel fence post must be durable and installed in a permanent and stable base. Schedule 3 Reference marks section 47(2) and (3) Note— The alignment marks specified in this schedule are no longer inserted as reference marks. Mark Form and style of mark Requirements for inserting mark Permanent Survey Mark As for the permanent survey marks described in Schedule 4. As specified in Schedule 4. Drill hole and wing Drill hole at least 5mm wide and at least 10mm deep with a chiselled wing that is at least 80mm long, 20mm wide and 10mm deep at the base, pointed at one end. Drilled into rock, concrete or another substantial structure. Cut in a substantial structure, fixed timber or the sound wood of a suitable tree. Chiselled wing Chiselled wing at least 80mm long, 20mm wide and 10mm deep at the base, pointed at one end. The point of the chiselled wing is the reference point, the chiselled wing to face towards the relevant corner. Inserted at a convenient height above ground level. A broad arrow that— Cut in rock, concrete, another substantial structure, fixed timber or the sound wood of a suitable tree. Broad arrow (a) comprises 3 chiselled wings that are at least 80mm long, 20mm wide and 10mm deep at the base, and The point of the chiselled wing is the reference point. (b) is pointed at one end. Faced towards the relevant corner. Inserted at a convenient height above ground level. Metal spike or galvanised iron pipe Metal spike at least 300mm long, with an external diameter of at least 20mm. Inserted vertically and at least 80mm below the surface of the ground, or deeper if inserted below where fencing is likely to be erected. Pipe with an internal diameter of at least 20mm and a wall thickness of at least 2.6mm. Not to be used in sandy, swampy or marsh areas. Specific point A specific point on a permanent and substantial structure. The specific point must be adequately described. If practicable, a chiselled wing must be cut and directed to the mark. Galvanised star picket Galvanised star picket at least 300mm long. Inserted vertically and at least 80mm below the surface of the ground, or deeper if inserted below where fencing is likely to be erected. Not to be used in sandy, swampy or marsh areas. PVC star picket PVC star picket at least 600mm long and 3mm wide. For use in soil and sandy, swampy or marsh areas. Inserted vertically and at least 80mm below the surface of the ground, or deeper if inserted below where fencing is likely to be erected. Nail and wing Non-corrodible nail at least 50mm long and 3.5mm wide with a chiselled wing at least 80mm long, 20mm wide and 10mm deep at the base, pointed at one end. Securely inserted into timber, rock, concrete or another substantial structure. A chiselled wing must be cut and directed to the mark. Reinforced concrete block Reinforced concrete block in the form of a truncated pyramid that is at least 400mm long, 150mm2 at the lower end and 100mm2 at the upper end. Inserted vertically and at least 80mm below the surface of the ground, or deeper if inserted below where fencing is likely to be erected. A non-corrodible nail or plug that is at least 80mm long and 75mm deep must be inserted into the top of the block. Secured by a— "Reference Mark" token Non-corrodible token at least 32mm wide and 1.5mm thick with "Reference Mark" permanently stamped, engraved or etched on the upper surface. (a) non-corrodible nail that is at least 50mm long and 3.5mm wide, or (b) non-corrodible screw or rivet that is long enough to securely fix the token to the surface and at least 4.5mm wide. Alignment marks, including alignment posts, pins and stones, placed under— (a) the Public Roads Act 1902, section 27 or 28, as in force immediately before the repeal of that Act, or (b) the Local Government Act 1919, Part 4, Division 9, as in force immediately before the repeal of that division. Alignment mark Alignment posts— wooden post at least 1,065mm long, 150mm wide and 150mm deep. Not to be inserted. Not to reference a corner. Alignment pins—open box iron casting at least— (a) 455mm long, 100mm wide and 100mm deep, or (b) in sandy soils—610mm long, 100mm wide and 100mm deep. Alignment stones—stone or cement block at least 1,065mm long, 150mm wide and 150mm deep. Schedule 4 Permanent survey marks section 47(1) Type 1 (State Survey Mark) Type 2 (State Survey Mark) Type 4 (Urban Type) Type 6 (Non-Urban Type) Type 8 (Deep Driven Rod) Type 9 (Trigonometrical Station) Type 10 (Rooftop Pillar) Type 11 (Tier 2 CORS Pillar) Type 12 (Tier 3 CORS Pillar—Freestanding) Type 13 (Tier 3 CORS Pillar—Wall mounted, no eaves) Type 14 (Tier 3 CORS pillar—Wall mounted) Type 15 (SSM Urban) Type 16 (State Survey Mark) Schedule 5 Conventional signs and symbols sections 61(4), 63(5)(b) and 68(1)(f) Schedule 6 Constitution and procedure of committees section 89 1 Committee members (1) A committee must consist of at least 3 persons (the committee members) appointed by the Board. Note— A committee must include at least 2 Board members. See the Act, section 30(2). (2) A convenor and deputy convenor must be selected by the Board from the committee members. (3) The convenor and deputy convenor are not required to be Board members. 2 General procedure of committees The convenor must determine procedures for— (a) the calling of committee meetings, and (b) the conduct of business at committee meetings. 3 Quorum The quorum for a committee meeting is a majority of the committee members. 4 Presiding member (1) The convenor, or, in the convenor's absence, the deputy convenor, must preside at committee meetings. (2) The convenor, or, in the convenor's absence, the deputy convenor, has a second or casting vote if there is an equality of votes. 5 Committee decisions (1) A decision supported by a majority of votes cast at a committee meeting at which a quorum is present is a decision of the committee. (2) The convenor must report all decisions of the committee at the next Board meeting. Schedule 7 Fees sections 81(3), 85(2), 87, 93(4) and 95(2) Part 1 Adjustment of fees for inflation 1 Calculation of fee units (1) For this schedule, a fee unit is— (a) in the financial year 2024–25—$119.63, or (b) in each later financial year—the amount calculated as follows— where— A is the CPI number for the March quarter of the financial year immediately preceding the financial year for which the amount is calculated. B is the CPI number for the March quarter of the financial year 2023–24. (2) The amount of a fee unit must be rounded to the nearest cent and an amount of 0.5 cent must be rounded down. (3) The amount of a fee calculated by reference to a fee unit must be rounded to the nearest dollar and an amount of 50 cents must be rounded down. (4) If the amount of a fee unit calculated for a financial year is less than the amount that applied for the previous financial year, the amount for the previous financial year applies instead. (5) As soon as practicable after the Australian Bureau of Statistics publishes the CPI number for the March quarter of a financial year, the Surveyor-General must— (a) notify the Parliamentary Counsel of the amount of the fee unit for the next financial year to allow notice of the amount to be published on the NSW legislation website, and (b) publish, on an appropriate NSW Government website, the fees calculated under this section for each financial year. (6) A failure to comply with subsection (5) does not affect the operation of this section. (7) In this section— CPI number means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of the index. financial year means a period of 12 months commencing on 1 July. Part 2 Fees payable Item Type of fee Fee in fee units 1 Sitting a Board examination 3.3 2 Copy of entry in register of surveyors 0.04 3 Application for grant of registration 0.77 4 Application for restoration of registration 4.2 5 Application for replacement of certificate of registration 0.77 6 Registration as land surveyor or mining surveyor 5.63 7 Registration as both land surveyor and mining surveyor 7.12 8 Mutual recognition registration administration fee 4.2 9 Application to be included in list of students of surveying or surveyor's assistants 1.01 10 Application for certificate of authority 1.01 Schedule 8 Forms sections 70(1), 71(3)(a), 94(1) and 95 Form 1 Survey certificate—formal land surveys Surveying and Spatial Information Regulation 2024—section 70(1)(a) I, [insert name], a surveyor registered under the Surveying and Spatial Information Act 2002, certify the following— *(a) the land shown in this plan was surveyed in accordance with the Surveying and Spatial Information Regulation 2024, *(b) part of the land shown in this plan, being [insert land description], was surveyed in accordance with the Surveying and Spatial Information Regulation 2024, and the part of the land not surveyed was compiled in accordance with the regulation, section 26(3), *(c) the land shown in this plan was compiled, (d) the survey is accurate and complete. Datum line— Type: *Urban *Rural *Tolerance required under the Surveying and Spatial Information Regulation 2024, section 26(3)— Signature— Dated— Address— *Name of firm— Surveyor identification no— * Strike out or omit if irrelevant. Form 2 Survey certificate—survey for identification or re-marking Surveying and Spatial Information Regulation 2024—section 70(1)(b) I, [insert name], a surveyor registered under the Surveying and Spatial Information Act 2002, certify that this plan, report or diagram has been prepared in accordance with the Surveying and Spatial Information Regulation 2024, section 45. Signature— Dated— Address— *Name of firm— Surveyor identification no— * Strike out or omit if irrelevant. Form 3 Survey certificate—survey not requiring strict accuracy Surveying and Spatial Information Regulation 2024—section 70(1)(c) I, [insert name], a surveyor registered under the Surveying and Spatial Information Act 2002, certify the following— *(a) the land shown in this plan, report or diagram was surveyed in accordance with the Surveying and Spatial Information Regulation 2024, section 46, *(b) part of the land shown in this plan, report or diagram, being [insert land description], was surveyed in accordance with the Surveying and Spatial Information Regulation 2024, section 46, *(c) the part of the land not surveyed was compiled, (d) the survey [insert "is" or "is not"] to be lodged with the Registrar-General or a public authority. Signature— Dated— Address— *Name of firm— Surveyor identification no— * Strike out or omit if irrelevant. Form 4 Consent certificate Surveying and Spatial Information Regulation 2024—section 71(3)(a) I, [insert name], a surveyor registered under the Surveying and Spatial Information Act 2002, certify that— (a) the land shown in this plan was surveyed in accordance with the Surveying and Spatial Information Regulation 2024, and (b) the survey has been completed, except for the insertion of all survey marks required to be inserted in connection with the survey plan, and (c) a survey certificate will be completed when all survey marks required to be inserted in connection with the survey plan have been inserted. Signature— Dated— Address— *Name of firm— Surveyor identification no— * Strike out or omit if irrelevant. Form 5 Notice of entry Surveying and Spatial Information Regulation 2024—section 94(1) To the occupier of: [insert reference to land proposed to be entered] I, [insert name], in my capacity as [insert capacity of the person, for example, "a registered surveyor" or "an authorised person"], give notice under the Surveying and Spatial Information Act 2002, section 19 that I intend to enter the land referred to above on [insert dates of proposed entry] together with my assistants for purposes relating to the making of a survey. Signature— Dated— Address— *Name of firm— Surveyor identification no— * Strike out or omit if irrelevant. Form 6 Certificate of authority Surveying and Spatial Information Regulation 2024—section 95 Board of Surveying and Spatial Information I certify that— [photo] [name of person] Identification number— is [insert capacity of cardholder, for example, "a registered surveyor" or "an authorised person"] and is authorised to exercise the powers of entry conferred by the Surveying and Spatial Information Act 2002, Part 4. Date of issue Surveyor-General [DD/MM/YY] Schedule 9 Dictionary section 3(1) accurate AHD value means an AHD value in SCIMS within the vertical tolerance specified in section 22. accurate MGA coordinate means an MGA coordinate that is— (a) the value recorded in SCIMS for an established survey mark, or (b) determined, using an approved method for a permanent survey mark or reference mark, within the tolerance specified in section 25. accurate MGA orientation means a survey orientation adopted from a grid bearing that is derived from 2 accurate MGA coordinates. affecting interest means an easement, restriction on the use of land, positive covenant or profit à prendre. AHD—see section 3(2). approved means approved by the Surveyor-General. bank means the limit of the bed of non-tidal waters. bed has the same meaning as in the Crown Land Management Act 2016, section 13.3. bench mark means a survey mark of a kind specified in Schedule 1. Board determination—see section 91(1). Board examination—see section 91(1)(a). boundary mark means a survey mark of the kind specified in Schedule 2. Class, followed by one or more letters, means a class of the standard described by the letters in Standards and Practices for Control Surveys. compiled parcel of land means a lot or parcel of land included in a compiled plan. compiled plan means a plan prepared on the basis of information recorded on plans held, filed or recorded by the Registrar-General or a public authority. Crown managed land has the same meaning as in the Crown Land Management Act 2016. Crown road has the same meaning as in the Roads Act 1993. current plan has the same meaning as in the Conveyancing Act 1919. established survey mark means a survey mark— (a) for which a status of "null" or "found intact" is recorded in SCIMS, and (b) that is within the tolerance specified in section 25. Geocentric Datum of Australia—see section 3(3). lockspit means a mark described as a lockspit in Schedule 2. mean high-water mark means the line of mean high tide between the ordinary high-water spring and neap tides. MGA means Map Grid of Australia, that is, a rectangular coordinate system using a Universal Transverse Mercator projection with zones 6 degrees of longitude wide based on the Geocentric Datum of Australia. monument means a natural or artificial object, or a point on a natural or artificial object, that is shown on a survey plan held by the Registrar-General or a public authority to locate or relocate a boundary or a point in a survey. natural feature includes a cliff face, ridgeline, tidal waters and non-tidal waters. permanent survey mark—see section 47(1). positional uncertainty means the uncertainty of the coordinates or height of a point, in metres, at the 95% confidence level, for the defined reference frame, as described in Standards and Practices for Control Surveys. required practical experience, for Part 10—see section 80(1). required qualifications—see section 91(1)(b). reference mark means a survey mark of the kind specified in Schedule 3. road includes the following— (a) a street, laneway or pathway, (b) an access way within a community scheme within the meaning of the Community Land Development Act 2021, (c) other means of public access, either existing or proposed. rural land survey—see section 4(2). SCIMS means the information management system kept by the Surveyor-General and known as the "Survey Control Information Management System". Standards and Practices for Control Surveys means the document referred to in section 9. stratum survey means a survey carried out for the purpose of limiting height, depth or both. survey mark—see section 47(2). Surveyor-General's directions means the directions given by the Surveyor-General under section 7, as in force from time to time. surveyor's assistant—see section 93(3). the Act means the Surveying and Spatial Information Act 2002. urban land survey—see section 4(1).