Surveyors Act 2002 (Tas)

Surveyors Act 2002

An Act to repeal the Land Surveyors Act 1909 and provide for the registration of surveyors with diverse specialist competencies, to regulate the practice of registered surveyors engaged in surveys authorised or required under any enactment and to provide for related matters [Royal Assent 14 November 2002]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Surveyors Act 2002 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – authorised officer means the Director or a person declared to be, or appointed as, an authorized officer under the Consumer Affairs Act 1988 ; Board means the Surveyors' Board as constituted under the repealed Act immediately before the commencement day; commencement day means the day fixed under section 2 ; court means the Magistrates Court; Director means the Director of Consumer Affairs; document includes – (a) a book, plan, paper, parchment or other material on which there is an image or writing or printing, or on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and (b) a disk, tape, paper or other device from which images, sounds or messages are capable of being reproduced; institution means an institution or association representative of persons engaged in one or more survey disciplines which requires that its members comply with established institutional standards of ethical conduct and professional best practice; land includes messuages, tenements and hereditaments, corporeal and incorporeal, of every kind and description (whatever may be the estate or interest in them); mutual recognition legislation means the Mutual Recognition Act 1992 of the Commonwealth, the Mutual Recognition (Tasmania) Act 1993 of Tasmania or the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth; prescribed institute means the institute prescribed as having responsibility for the training, examination and accreditation of persons seeking to establish their competency to practise as a registered land surveyor under this Act; published means – (a) in relation to a publication under section 34(4A) , published in such a manner as the Director thinks fit; and (b) in relation to all other matters under this Act, published in such a manner, whether by advertisement or otherwise, as the Surveyor-General thinks fit; register means the register of surveyors kept under this Act; registered land surveyor means a person authorised by registration under this Act to undertake a survey of land; registered surveyor means a person who is registered as a surveyor under this Act but, for the purpose of Part 4 , does not include a person whose registration is suspended; registering authority means a person or body having authority to require a survey to be carried out for a statutory purpose; regulations means regulations made and in force under this Act; repealed Act means the Land Surveyors Act 1909 ; survey means the definition, redefinition, measurement, interpretation, marking or documentation of the geographic position, dimension, extent or relativity of points, lines and things on, above or below the surface of the earth, for any purpose authorised by any Act; survey mark means any mark established by or on behalf of a surveyor which is used to identify and define any point or line of any survey and is – (a) cut, etched, stamped or otherwise attached to, or placed in or on, any timber, stone, masonry or other material; or (b) placed in or on the ground; survey of land includes a survey of land undertaken to re-mark boundaries of land originally surveyed for a purpose authorised by any Act; surveyor means a person who has acquired the minimum surveying qualifications, skills or experience necessary for membership of a relevant and nationally recognised institution; Surveyor-General means the person appointed under section 3A of the Survey Co-ordination Act 1944 ; trim means to cut, remove or otherwise modify any part of a tree or bush, only to the minimum amount necessary to accomplish a survey. (2) For the purposes of the definition of "land" in subsection (1) , a person who has a licence to enter or remain on land is taken to have an interest in the land.