Survey Variation Regulations 2004 (SA)

South Australia

Survey Variation Regulations 2004

under the Survey Act 1992

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Survey Regulations 1992

1. Variation of regulation 4—Interpretation

2. Variation of regulation 5—Academic qualifications

3. Variation of regulation 6—Experience required

4. Variation of regulation 8—Project

5. Revocation of Part 2 Division 4

6. Variation of regulation 18—Accuracy

7. Variation of regulation 20—Survey reports

8. Variation of regulation 21—Plans

9. Variation of regulation 23—Boundaries of land within coordinated cadastre

10. Variation of regulation 24—Survey of land within designated survey area

11. Variation of regulation 25—Reinstatement of marks after land division complete

12. Variation of regulation 29—Directions of Surveyor-General

Part 1—Preliminary

1—Short title

These regulations may be cited as the Survey Variation Regulations 2004.

2—Commencement

These regulations will come into operation four months after the day on which they are made (see Subordinate Legislation Act 1978 section 10AA).

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Survey Regulations 1992

4—Variation of regulation 4—Interpretation

Regulation 4, definition of corresponding law—delete the definition

5—Variation of regulation 5—Academic qualifications

Regulation 5(1)—delete subregulation (1) and substitute:

(1)An applicant for a licence or registration as a surveyor must have a Bachelor of Geoinformatics and Surveying from the University of South Australia.

6—Variation of regulation 6—Experience required

Regulation 6—delete "and Division 4" wherever occurring

7—Variation of regulation 8—Project

Regulation 8—delete "and Division 4" wherever occurring

8—Revocation of Part 2 Division 4

Part 2 Division 4—delete Division 4

9—Variation of regulation 18—Accuracy

Regulation 18—delete "Australian Map Grid" wherever occurring and substitute:

Map Grid of Australia

10—Variation of regulation 20—Survey reports

1. Regulation 20(1)—delete subregulation (1)

2. Regulation 20(2)—delete subregulation (2) and substitute:

   (2)A surveyor must provide the Surveyor-General with a report under this regulation in relation to a cadastral survey in respect of which the surveyor has certified a plan—

   (a)in the case of a written request made by the Surveyor-General to the surveyor to provide such a report—within 14 days of receiving the request; or

   (b)in the case of a prescribed cadastral survey—immediately after certifying the plan (or such longer period as is allowed by the Surveyor-General).

3. Regulation 20—after subregulation (3) insert:

   (4)In this regulation—

   prescribed cadastral survey means a cadastral survey of a class specified in a direction issued by the Surveyor-General.

11—Variation of regulation 21—Plans

Regulation 21—delete "Department of Lands" and substitute:

Lands Titles Registration Office

12—Variation of regulation 23—Boundaries of land within coordinated cadastre

Regulation 23—delete "Australian Map Grid" and substitute:

Map Grid of Australia

13—Variation of regulation 24—Survey of land within designated survey area

Regulation 24(a)—delete "Australian Map Grid" and substitute:

Map Grid of Australia

14—Variation of regulation 25—Reinstatement of marks after land division complete

1. Regulation 25—delete "as soon as practicable" and substitute:

   not later than 90 days

2. Regulation 25—after its present contents as amended by these regulations (now to be designated as subregulation (1)) insert:

   (2)If a surveyor fails to comply with subregulation (1), the Surveyor-General—

   (a)may, after giving the surveyor not less than 14 days notice in writing—

   (i)undertake any additional survey work that may be required; and

   (ii)place any survey pegs, reference marks and State survey marks required in relation to the survey; and

   (b)may, after taking any action under paragraph (a)—

   (i)amend a survey plan; and

   (ii)recover as a debt from the surveyor the costs of undertaking the additional survey work, placing the required survey pegs, reference marks and State survey marks and amending a survey plan.

15—Variation of regulation 29—Directions of Surveyor-General

1. Regulation 29(2)—after paragraph (e) insert:

   (ea)require and regulate the provision to the Surveyor-General or any other specified authority of information relating to mathematical checking of cadastral surveys prior to lodging a survey plan;

2. Regulation 29(2)(d)—delete "Australian Map Grid" and substitute:

   Map Grid of Australia

Made by the Governor

with the advice and consent of the Executive Council

on 19 February 2004

No 10 of 2004

MAS03/020CS