Surveying (Cadastral Surveys) Regulations 2005

i Surveying (Cadastral Surveys) Regulations 2005 S.R. No. 56/2005 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Commencement 1 3. Authorising provision 1 4. Revocation 1 5. Definitions 2 6. Survey equipment 3 7. Classification and accuracy of surveys 3 8. Primary cadastral marks 5 9. Marking of boundaries 5 10. Survey boundaries 6 11. Field requirements of a cadastral survey 6 12. Information to be recorded in the field records 9 13. Certification of abstract of field records 10 14. Certification of plan 10 15. Report by the licensed surveyor 11 16. Record of having re-established a parcel 12 17. Amendment of abstract of field records and plan 12 __________________ SCHEDULES 14 SCHEDULE 1—Certificate by Licensed Surveyor for Abstract of Field Records 14 SCHEDULE 2—Certificate by Licensed Surveyor for Plan 15 SCHEDULE 3—Certificate by Licensed Surveyor for Plan not Prepared from Survey 16 SCHEDULE 4—Record of Having Re-established a Parcel 17 ═══════════════ ENDNOTES 18 -- 1 of 19 -- 1 STATUTORY RULES 2005 S.R. No. 56/2005 Surveying Act 2004 Surveying (Cadastral Surveys) Regulations 2005 The Governor in Council makes the following Regulations: Dated: 15 June 2005 Responsible Minister: ROB HULLS Minister for Planning RUTH LEACH Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to— (a) prescribe standards for cadastral surveys; (b) regulate and control the making of cadastral surveys by licensed surveyors; (c) prescribe forms and other matters relating to cadastral surveys. 2. Commencement These Regulations come into operation on 19 June 2005. 3. Authorising provision These Regulations are made under section 63 of the Surveying Act 2004. 4. Revocation The Surveyors (Cadastral Surveys) Regulations 1995 1 are revoked. -- 2 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 2 5. Definitions In these Regulations— "abstract of field records" means a summary of results of the cadastral survey information recorded in the field; "Australian Height Datum" means the datum of mean sea level as determined by the National Levelling adjustment in 1971 and adopted by the National Mapping Council of Australia at its 29th meeting as the datum to which all vertical control for mapping is to be referred; "Map Grid of Australia 1994 (MGA 1994)" means the system of rectangular co-ordinates derived from a Universal Transverse Mercator projection of Geocentric Datum of Australia 1994 (GDA) latitudes and longitudes that are based on the datum (GDA) defined in the notice of the Inter- Governmental Committee on Surveying and Mapping published in Commonwealth Government Gazette Number GN 35 of September 1995 at page 3369; "connection" means the lengths, bearings or abuttals which relate to a point or points of known location; "permanent mark" means a permanent mark adopted under, or established in accordance with, the Survey Co-ordination Act 1958; "subject land" means the land to which a cadastral survey, plan, abstract of field records or surveyor's report primarily relates; "zone" means zone 54 or 55 of the Map Grid of Australia 1994 (MGA 1994). r. 5 -- 3 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 3 6. Survey equipment (1) A licensed surveyor— (a) must use survey equipment which has been compared to a standard of measurement in units of measurement specified in regulation 13(a) of the Survey Co-ordination Regulations 2004 2 ; and (b) must ensure that— (i) the process of comparison; and (ii) the basis of comparison— are adequate to obtain the accuracy for a cadastral survey required under these Regulations. Penalty: 10 penalty units. (2) A licensed surveyor must retain the records of the comparisons and make them available to the Surveyor-General for inspection upon request by the Surveyor-General. Penalty: 4 penalty units. 7. Classification and accuracy of surveys (1) A licensed surveyor must ensure that— (a) the internal closure of any cadastral survey is such that the length of the misclose vector does not exceed— (i) 15 millimetres + 100 parts per million of the perimeter for boundaries crossing level or undulating land; and (ii) 15 millimetres + 150 parts per million of the perimeter for boundaries crossing steep or mountainous land; and r. 6 -- 4 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 4 (b) the misclose vector is determined as √(a 2 + b2 ) where "a" is the misclose in eastings and "b" is the misclose in northings; and (c) all lengths are measured or determined to an accuracy of 10 millimetres + 60 parts per million. Penalty: 10 penalty units. (2) For the purposes of sub-regulation (1)(a)— (a) "level land" means land where slopes do not exceed 3 degrees; and (b) "undulating land" means land where slopes vary between 3–10 degrees; and (c) "steep land" means land where slopes vary between 10–15 degrees; and (d) "mountainous land" means land where slopes exceed 15 degrees. (3) A licensed surveyor must ensure that all directional and angular measurements are verified. Penalty: 5 penalty units. (4) If a cadastral survey requires the definition of a boundary to be related to Australian Height Datum a licensed surveyor must ensure that all vertical measurements are made and tested to the standard of precision set out in regulation 16(3) of the Survey Co-ordination Regulations 2004. Penalty: 5 penalty units. (5) In making measurements to determine the location of boundaries to be defined on a plan by reference to buildings or parts of buildings for which no dimensions are to be shown, a limit of error of 50 millimetres in any one measurement or one part in two hundred (whichever is greater) is allowable. r. 7 -- 5 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 5 (6) In determining adopted dimensions of a parcel, a licensed surveyor may eliminate any closing discrepancies. 8. Primary cadastral marks A licensed surveyor must ensure that primary cadastral marks— (a) are made of durable material and are permanent and stable in construction; and (b) are placed so that they can be readily found and accessed. Penalty: 2 penalty units. 9. Marking of boundaries (1) A licensed surveyor making a cadastral survey must ensure that— (a) boundaries in a cadastral survey are marked with pegs together with any additional markings as are necessary to assist in locating the pegs and the direction of boundaries; or (b) if pegs are not practical, other suitable marks as approved by the Surveyor-General are used. Penalty: 10 penalty units. (2) A licensed surveyor must ensure that line identification and marking is implemented in a manner so that the defined boundary can be readily identified. Penalty: 5 penalty units. (3) A licensed surveyor must ensure that pegs are— (a) not less than 50 millimetres square and not less than 300 millimetres long and of sound, seasoned timber or other durable material; and r. 8 -- 6 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 6 (b) set with the top not more than 20 millimetres above the ground Penalty: 2 penalty units. (4) In the case of a partial survey, only the relevant boundaries of the survey need be marked. (5) In dealings with Crown land the Surveyor-General may waive the requirement to mark the boundary if sufficient information is available to accurately mark each boundary at a later date. 10. Survey boundaries A licensed surveyor must relate the cadastral survey to the boundaries referred to in the documents of title of the subject land and adjoining parcels of land. Penalty: 10 penalty units. 11. Field requirements of a cadastral survey (1) A licensed surveyor making a cadastral survey must— (a) adopt and verify a datum in accordance with a previous cadastral survey or plan; and (b) if an abstract of field records is to be lodged with the Surveyor-General or the Registrar of Titles, bring the bearing and co-ordinate datum on to the Map Grid of Australia 1994 (MGA 1994) in a manner specified in regulation 14(2) of the Survey Co-ordination Regulations 2004; and (c) if a connection is shown on the document of title, measure that connection unless the position of the subject land can be satisfactorily determined otherwise; and (d) connect the cadastral survey to relevant permanent marks, primary cadastral marks, pegs and other survey marks; and r. 10 -- 7 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 7 (e) locate and clearly describe any feature on or near the boundaries of the subject land likely to affect those boundaries; and (f) locate and clearly describe any feature within the subject land the description and position of which is necessary for the purpose of the survey; and (g) in a survey area proclaimed under section 12 of the Survey Co-ordination Act 1958 connect every cadastral survey in accordance with the requirements of that Act; and (h) determine the length and bearing of each surveyed boundary of the subject land and independently check the accuracy of each determination. Penalty: 10 penalty units. (2) A licensed surveyor making a cadastral survey must ensure that an irregular boundary is determined at all conspicuous changes in direction at such intervals as are necessary to accurately determine the boundary. Penalty: 10 penalty units. (3) A licensed surveyor making a cadastral survey, whether the cadastral survey is to include the marking out of boundaries or not, must connect the cadastral survey to permanent marks, primary cadastral marks and reference marks in accordance with the following principles— (a) for up to and including 10 allotments or lots, the cadastral survey must be connected to at least two permanent or primary cadastral marks and one reference mark; or r. 11 -- 8 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 8 (b) if there are more than 10 allotments or lots at ground level, a further two permanent or primary cadastral marks for each additional 10 allotments or lots or part thereof must be connected to the cadastral survey; or (c) if there are more than 20 allotments or lots at ground level at least two of the marks required to be placed by paragraph (b) must be permanent marks and they must be connected to the cadastral survey; or (d) if the design or layout is unusual, the cadastral survey must be connected to such additional number of permanent or primary cadastral marks as is reasonable in the circumstances having regard to the nature of the locality. Penalty: 10 penalty units. (4) If a licensed surveyor connects the survey of a subdivision to a minimum of two permanent marks or primary cadastral marks and one reference mark in situations where they are unlikely to be disturbed the licensed surveyor may postpone the placement of any further permanent or primary cadastral marks within the subdivision if the construction of roads or buildings or other works are to be undertaken which are likely to displace those permanent marks or primary cadastral marks during construction. (5) A licensed surveyor who postpones the placement of further marks under sub-regulation (4) must lodge with the Registrar of Titles, within one month after the completion of the construction, a supplementary abstract of field records showing the particulars and connections to the marks placed. Penalty: 10 penalty units. r. 11 -- 9 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 9 12. Information to be recorded in the field records (1) A licensed surveyor must ensure that— (a) the recording of cadastral survey information gathered in the field is undertaken in a systematic manner and is readily comprehensible; and (b) information in the field records includes— (i) a list identifying the instruments used and their calibrations; and (ii) all measurements made in the field and all corrections applied; and (iii) sufficient information to prepare an abstract of field records; and (c) all field records are kept so as to be readily available for submission to or perusal by any person duly authorised by the Surveyor- General. Penalty: 10 penalty units. (2) A licensed surveyor must ensure that the information to be recorded schematically on an abstract of field records of a cadastral survey provides— (a) clear details of the cadastral survey datum; (b) the Map Grid of Australia 1994 (MGA 1994) relationship; (c) property boundaries; (d) the method of marking the perimeter boundaries of the property under survey; r. 12 -- 10 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 10 (e) any relevant information external to the property under survey which has aided in the determination of property boundaries and the relationship with existing and new survey marks. Penalty: 5 penalty units. (3) A licensed surveyor must ensure that— (a) a plan of survey is prepared using conventional signs and symbols; and (b) the plan clearly portrays all relevant information which relates to the property boundaries, road alignments and any registered easements or reservations or conditions in the nature of an easement which relate to the land under survey. Penalty: 5 penalty units. 13. Certification of abstract of field records A licensed surveyor must ensure that the first sheet of an abstract of field records of a cadastral survey shows a certificate in the form in Schedule 1 signed by the licensed surveyor. 14. Certification of plan (1) If a plan made by a licensed surveyor sets out particulars of a cadastral survey carried out for the purpose of making that plan, the surveyor must endorse it with a certificate in the form of Schedule 2. (2) If a plan is prepared under the direction and supervision of a licensed surveyor but it is not based on a cadastral survey carried out for the purpose of making the plan, the surveyor must endorse it with a certificate in the form of Schedule 3. r. 13 -- 11 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 11 (3) Sub-regulations (1) and (2) do not apply to plans prepared in accordance with section 5(3)(a) of the Subdivision Act 1988. 15. Report by the licensed surveyor (1) A licensed surveyor who prepares an abstract of field records which the surveyor knows is required for lodging with the Surveyor-General or the Registrar of Titles, must prepare, sign and date a detailed survey report to accompany that abstract. (2) The report must— (a) set out the relevant facts concerning abuttals and encumbrances, existing occupation details, relationship with other relevant cadastral surveys and the manner in which the boundaries of the property under survey have been determined; and (b) provide details on the date of calibration of measuring equipment used in the cadastral survey; and (c) specify whether— (i) the appropriate marking out or definition of the roads, reserves, boundaries, lots and common property has been made and the advice has been provided under section 20A of the Subdivision Act 1988; and (ii) the connection of the survey to permanent marks, primary cadastral marks and reference marks required by regulation 11(3) has been made or postponed in accordance with regulation 11(4); and r. 15 -- 12 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 12 (d) if the survey was performed by methods other than direct determination of directions and distances, include information about the method and procedures used. Penalty: 10 penalty units. (3) A report that has been lodged with the Surveyor- General or the Registrar of Titles must, at the request of the Surveyor-General or the Registrar of Titles, be accompanied by— (a) a copy of any computations made by the licensed surveyor in connection with the survey and determination of the boundaries; and (b) a copy of any mathematical or other information considered necessary by the Surveyor-General or the Registrar of Titles in connection with the survey and determination of the boundaries. 16. Record of having re-established a parcel Within 30 days after re-establishing a boundary as part of a cadastral survey, a licensed surveyor must lodge with the Surveyor-General a record of the re-establishment survey which includes the information shown in Schedule 4. Penalty: 10 penalty units. 17. Amendment of abstract of field records and plan (1) A licensed surveyor who has carried out a cadastral survey may by notice in writing and— (a) if the subject land is Crown land, with the written consent of the Surveyor-General; and r. 16 -- 13 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 13 (b) for any other land, with the written consent of the Registrar of Titles— authorise another licensed surveyor to do all or any of the following— (c) note or amend the surveyor's report relating to the subject land prepared and signed by the first-mentioned surveyor; (d) note or amend any abstract of field records or plan relating to the subject land certified by the first-mentioned surveyor; (e) bring the survey up to date by undertaking an additional field survey to— (i) re-peg or re-mark the subject land; (ii) connect the survey to more recent fencing, other structures or surveys of adjoining land. (2) A licensed surveyor may note or amend any abstract of field records or plan prepared and certified by another licensed surveyor and lodged— (a) in the Central Plan Office, with the consent of the Surveyor-General; or (b) in the Office of Titles, with the consent of the Registrar of Titles. __________________ r. 17 -- 14 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 14 SCHEDULES SCHEDULE 1 Regulation 13 CERTIFICATE BY LICENSED SURVEYOR FOR ABSTRACT OF FIELD RECORDS I, (insert full name) of (insert office address) certify that this abstract of field records correctly represents the results of the survey effected under my direction and supervision and marked on the ground in accordance with the Surveying Act 2004, that the survey accuracy accords with that required for (insert land characteristics) as defined in regulation 7(2) of the Surveying (Cadastral Surveys) Regulations 2005 and that this abstract of field records correctly represents the adopted boundaries and the related features existing on (insert date). Date: (insert date of certificate) (signature) Licensed Surveyor, Surveying Act 2004. __________________ Sch. 1 -- 15 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 15 SCHEDULE 2 Regulation 14(1) CERTIFICATE BY LICENSED SURVEYOR FOR PLAN I, (insert full name) of (insert office address) certify that this plan has been prepared from a survey made under my direction and supervision in accordance with the Surveying Act 2004 and completed on (insert date of completion), that this plan is accurate and correctly represents the adopted boundaries and the survey accuracy accords with that required for (insert land characteristics) as defined in regulation 7(2) of the Surveying (Cadastral Surveys) Regulations 2005. Date: (insert date of certificate) (signature) Licensed Surveyor, Surveying Act 2004. __________________ Sch. 2 -- 16 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 16 SCHEDULE 3 Regulation 14(2) CERTIFICATE BY LICENSED SURVEYOR FOR PLAN NOT PREPARED FROM SURVEY I, (insert full name) of (insert office address) certify that this plan correctly represents the information obtained by me from the sources indicated on this plan. Date: (insert date of certificate) (signature) Licensed Surveyor, Surveying Act 2004. __________________ Sch. 3 -- 17 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 17 SCHEDULE 4 Regulation 16 RECORD OF HAVING RE-ESTABLISHED A PARCEL To Surveyor-General Name of firm (if applicable) Name of Licensed Surveyor: Property address: Date of Survey: Surveyors reference No. Property Title description: Last plan reference Datum (including previous survey reference): DIAGRAM OF SURVEY CONTROL MARKS AND RELATIONSHIP WITH ADOPTED ALIGNMENTS. (A schematic presentation is acceptable) (Diagram) MGA 1994 Co-ordinates of permanent marks and/or primary cadastral marks if applicable— ═══════════════ Sch. 4 -- 18 of 19 -- S.R. No. 56/2005 Surveying (Cadastral Surveys) Regulations 2005 18 ENDNOTES 1 Reg. 4: S.R. No. 76/1995. 2 Reg. 6(1)(a): S.R. No. 21/2004. Endnotes -- 19 of 19 --