Local Government Act 1993 Regulation relating to the omission of unnecessary provisions concerning the placement of survey marks (1994-292) [GG No 88 of 1.7.1994] (NSW)

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1994—No. 292

LOCAL GOVERNMENT ACT 1993—REGULATION

(Omission of unnecessary provisions concerning the placement of survey marks)

NEW SOUTH WALES

[Published in Gazette No. 88 of 1 July 1994]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Local Government Act 1993, has been pleased to make the Regulation set forth hereunder.

EDWARD PICKERING, M.L.C.,

Minister for Local Government and Co-operatives.

Commencement

1. This Regulation commences on 1 July 1994.

Amendment of Ordinance No. 32

2. Ordinance No. 32 under the Local Government Act 1919 (being an instrument that, by virtue of clause 5 of Schedule 7 to the Local Government Act 1993, is taken to be a regulation under that Act) is amended:

(a)

by omitting from clause 3 the words “Form 3 hereunder” wherever occurring and by inserting instead the words “Form 1 in Schedule 1 to the Survey Practice Regulation 1990”;

(b)

by omitting clause 5 and by inserting instead the following clause: Placement of permanent survey marks

5. For the purposes of section 327 (1) (c) of the Act:

(a)

the position and manner in which permanent survey marks are to be placed in roads are as prescribed by the Survey Practice Regulation 1990 with respect to the placement in roads of permanent marks and reference marks (as defined by that Regulation); and

1994—No. 292

(b)

the character of permanent survey marks so placed is to be as prescribed by the Survey Co-ordination Regulation 1993 and the Survey Practice Regulation 1990, as the case requires, with respect to permanent marks and reference marks (as so defined).

(c) by omitting clauses 6-8;

(d) by omitting clause 9 (a), (b) and (d);

(e)

by omitting from clause 9 (c) the words “specified in paragraphs (i) and (ii) of subclauses (a) and (b) of this clause”;

(f) by omitting clauses 11-17;

(g) by omitting Form 3.

EXPLANATORY NOTE

The objects of this Regulation are to omit from Ordinance No. 32 under the Local Government Act 1919 certain provisions that relate to the placement of survey marks and the character of their construction and to adopt instead other provisions in force under the Surveyors Act 1929 and the Survey Co-ordination Act 1949.

This Regulation is made under the Local Government Act 1993, including section

748 (the general ordinance making power) and clause 2 of Schedule 7.

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