Survey Co-ordination Act Amendment Act 1987 (Qld)

342 (l ueenelanh ANNO TRICESIMO SEXTO ELIZABETHAE SECUNDAE R EGINAE No. 29 of 1987 An Act to amend the Survey Co-o rdinati on Act 1952-1981 in certain particulars [ASSENTED TO 23RD APRIL, 1987]

Survey Co -ordination Act Amendment Act 1987, No. 29 343 BE IT ENACTED by the Queen 's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Survey Co-ordination Act Amendment Act 1987. 2. Citation . (1) In this Act the Survey Co-ordination Act 1952-1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Survey Co-ordination Act 1952-1987. 3. Amendment of long title . The Principal Act is amended by omitting the long title and substituting the following words:- "An Act to provide for the compilation and correlation of surveying and mapping data of the State and for related purposes". 4. Repeal of s. 2. Interpretation . The Principal Act is amended by repealing section 2. 5. Amendment of s. 3. Meaning of terms. Section 3 of the Principal Act is amended by, in subsection (1)- (a) omitting the definitions "Central plan office" and "Central plan register"; (b) omitting the definition "Establish" and substituting the following definition:- "Establish"-Used with reference to any permanent mark or other survey mark, means determine the position of the mark in relation to the State control survey;"; (c) omitting from the definition "Minister" the words "the Minister for Environment, Valuation and Administrative Services or other" and substituting the word "The"; (d) in the definition "Permanent mark", inserting after the words "a permanent mark" the words ", of a kind approved by the Surveyor- General,"; (e) inserting after the definition "Permanent mark" the following definition:- ""Permanent mark sketch plan"-A sketch plan, in a form approved by the Surveyor-General, showing the position of a permanent mark placed in the course of carrying out a survey or showing the connection (if any) of a survey to any existing permanent mark or established survey mark;"; (f) in the definition "Plan", adding after the expression "or surveys;" the words "the term also includes any spatial data relating to any survey or surveys, stored in digital form in a computerized land data bank including any spatial data. obtained by means of remote sensing;";

344 Survey Co-ordination Act Amendment Act 1987, No. 29 (g) omitting the definition "Public authority" and substituting the following definition:- "Public authority"-Includes- (a) any Department and any Sub-Department of the Government of Queensland; (b) any Local Authority; and (c) any board, commission, trust, or other body, whether corporate or unincorporate, established or constituted by or under any Act for any public purpose, whether in respect of the whole or any part of the State, that is authorized or required by law to make surveys or cause surveys to be made, or any functions of which are such as to require or permit plans to be lodged with it for any purpose;"; (h) omitting the definition "Recorded plan" and substituting the following definition:- "Remote sensing"-The measurement, analysis and representation of the electro-magnetic spectral characteristics of the earth's natural and artificial features;"; (i) omitting the definition "Standard survey mark" and substituting the following definition:- "State control survey"-A survey of high precision being carried out at the direction of the Surveyor-General for the purpose of establishing permanent marks to enable surveys throughout the State to be co-ordinated;"; (j) in the definition "Survey", adding after the words "aerial survey" the words ", photogrammetric survey or survey by remote sensing"; (k) inserting after the definition "Survey" the following definition:- "Survey mark"-Means a survey mark within the meaning of the Surveyors Act 1977-1983 and any other mark used for the purposes of a survey;". 6. Repeal of and new s. 4. The Principal Act is amended by repealing section 4 and substituting the following section:- "4. State Aerial Photography Library. (1) For the purposes of this Act, there shall be established and maintained in the Department of Mapping and Surveying a library of aerial photographs called the State Aerial Photography Library. (2) The State Aerial Photography Library shall contain aerial photographs that, in the opinion of the Surveyor-General, are of general value for the purposes of the Act. (3) A certificate, purporting to be signed by the Surveyor- General or by a person authorized by the Surveyor-General, that, in respect of an aerial photograph- (a) describes the location of the area shown in the photograph; (b) describes any feature or point, or the location of any feature or point, shown in the photograph; and (c) states the date on which the photograph was taken and the approximate scale thereof,

Survey Co- ordination Act Amendment Act 1987, No. 29 345 shall, together with the photograph, be evidence and, in the absence of evidence to the contrary, conclusive evidence in all proceedings of the matters contained therein. (4) In any proceedings it shall not be necessary to prove the authority of a person who purports to be authorized by the Surveyor-General to sign a certificate for the purposes of subsection (3) .". 7. Amendment of s. 5. Public authorities to appoint liaison officers and to forward to Surveyor-General information as to surveys and plans. Section 5 of the Principal Act is amended by- (a) in subsection (2), omitting the second and third paragraphs; (b) adding at the end of the section the following subsections:- "(3) The Surveyor-General may, by notice in writing, advise the liaison officer of any public authority of the types of survey that the Surveyor-General considers to be of general value for the purposes of this Act. (4) A public authority shall not, without the consent of the Surveyor-General, destroy the plan of any survey of a type referred to in a notice given to its liaison officer under subsection (3) .". 8. Amendment of s. 6. Public authorities to give notice of intention to commence new surveys. Section 6 of the Principal Act is amended by omitting the first paragraph and substituting the following words:- "A public authority shall, before commencing a survey of a type referred to in a notice given to its liaison officer under section 5 (3), give the Surveyor-General notice of its intention to commence the survey:". 9. Amendment of s. 7. Power to Surveyor-General to require connection of proposed surveys to existing surveys, permanent marks, etc. The Principal Act is amended by- (a) in subsection (1)- (i) omitting paragraph (a) and substituting the following paragraph:- "(a) Such survey shall be connected to an existing survey;"; (ii) omitting from paragraph (b) the words "of the prescribed kind"; (iii) omitting paragraphs (c) and (d) and all words following paragraph (d) to the end of the subsection and substituting the following words:- "(c) A permanent mark sketch plan certified as correct by the surveyor or, as the case may be, the person referred to in paragraph (b), be forwarded to the Surveyor-General within one month after its preparation, or all or any of those things."; (b) in subsection (2), omitting all words from and including the words "forward the plans" to the end of the subsection and substituting 12

346 Survey Co-ordination Act Amendment Act 1987, No. 29 the words "comply with any requirement of the Surveyor-General to forward any permanent mark sketch plan."; (c) omitting subsection (3) and substituting the following subsection:- "(3) If a public authority affected by any requirement of the Surveyor-General under subsection (1) satisfies the Surveyor- General that compliance with that requirement will substantially increase the costs of performing the survey, the Surveyor-General shall revoke the requirement.". 10. Repeal of ss. 8 , 9, 10 and 11 . The Principal Act is amended by repealing sections 8, 9, 10 and 11 and substituting the following sections:- "8. Information to be kept by Surveyor- General. The Surveyor- General shall collect and keep survey data that he considers to be of value for the purposes of the State control survey. 9. Inspection of information kept by Surveyor-General. A person may, with the permission of the Surveyor-General and upon payment of such fee (if any) as the Surveyor-General determines, inspect and obtain details of or a copy of any information kept by the Surveyor-General pursuant to section 8. 10. Surveyor-General to have access to plans. (1) For the purposes of this Act, the Surveyor-General or a person authorized by him in that behalf may- (a) inspect any plan in the possession of a public authority without paying any fee otherwise chargeable by the public authority in respect of the inspection of a plan; and (b) upon payment of the fee usually charged by the public authority for providing copies of plans, obtain a copy of any plan. (2) Nothing in subsection (1) prevents a public authority from waiving any fee referred to in paragraph (b) of that subsection. 11. Members of public to have access to plans. A person may inspect or obtain a copy of any plan in the possession of a public authority upon- (a) satisfying the public authority of the purpose for inspecting the plan or obtaining the copy; and (b) payment of the fee usually charged by the public authority for permitting an inspection of a plan or providing a copy.".

Survey Co -ordination Act Amendment Act 1987, No. 29 347 11. Amendment of s. 12. Surveys for the establishment of permanent survey marks in certain areas . Section 12 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "a triangulation survey of the State" and substituting the words "the State control survey"; (ii) omitting the words "triangulation survey", occurring at the end of the subsection, and substituting the words "State control survey"; (b) in subsection (2), omitting from paragraph (b) the words "a local system of triangulation or standard traverse survey for" and substituting the words "local surveys of"; (c) in subsection (3)- (i) omitting all words from and including the words ", as prescribed," to the end of paragraph (b) and substituting the words "to at least two permanent marks or to at least two established survey marks that are acceptable to the Surveyor-General"; (ii) inserting before the words "sketch plan" the words "permanent mark"; (d) in subsection (4), omitting all words from and including the words "the placed," to and including the words "direct connection," and substituting the words "permanent marks or established survey marks". 12. Amendment of s. 13. Surveyor - General to advise as to avoidance of duplication of surveys , etc. Section 13 of the Principal Act is amended by omitting from paragraph (a) the words "of all recorded plans and". 13. Amendment of s. 14 . General power to Surveyor - General to carry out surveys for purposes of this Act. Section 14 of the Principal Act is amended by omitting all words from and including the words "and a record" to the end of the section. 14. Amendment of s. 15. Adoption of existing survey marks as permanent marks and maintenance thereof. Section 15 of the Principal Act is amended by- (a) omitting from subsection (1) the words "reference marks or other" where twice occurring; (b) inserting in subsection (2), after the words "at all reasonable times", the words "and, in the case of land that is occupied, after giving the occupier as much notice as is practicable". 15. Amendment of s. 17. Surveyors to report irregularities in position of permanent marks . Section 17 of the Principal Act is amended by omitting from subsection (1) the word "recorded" and substituting the words "permanent mark sketch".

348 Survey Co-ordination Act Amendment Act 1987, No. 29 16. Amendment of s. 21. Penalty for destruction, etc., of permanent marks . Section 21 of the Principal Act is amended by- (a) renumbering subsection (2) as subsection (6); (b) omitting subsection (1) and substituting the following subsections:- "(1) A person who destroys or damages a permanent mark commits an offence against this Act. (2) A person who wishes to move a permanent mark for any purpose may apply to the Surveyor-General for approval to do so. (3) The Surveyor-General may grant or refuse to grant an application and may, where he grants an application, subject the grant to such conditions as he thinks fit. (4) If an applicant is dissatisfied with any decision made by the Surveyor-General under subsection (3), he may require the Surveyor-General to refer the matter to the Minister who may confirm or vary the decision or may set it aside and substitute his own decision for it. (5) A person who moves a permanent mark commits an offence against this Act unless the Surveyor-General or, as the case may be, the Minister has approved that the permanent mark be moved and the person complies with any conditions to which the grant of approval is subject.". 17. Amendment of s. 21A. Co-ordinates for computerized land data banks . Section 21A of the Principal Act is amended by- (a) in subsection (1), omitting paragraph (b); (b) in subsection (4), omitting the words "and such other particulars as are prescribed". 18. Amendment of s. 22. O ffences. Section 22 of the Principal Act is amended by omitting from subsection (3) the expression "$1000" and substituting the expression "20 penalty units". 19. Repeal of and new s. 23 . The Principal Act is amended by repealing section 23 and substituting the following section:- "23. Regulations . The Governor in Council may from time to time make regulations prescribing all matters that are necessary or convenient for giving effect to this Act.".

Survey Co- ordination Act Amendment Act 1987, No. 29 349 24. Repeal of s. 24. Publication of Proclamations and regulations. The Principal Act is amended by repealing section 24.