ANNO QUINQUAGESIMO QUINTO ET QUINQUA-
GESIMO SEXrI'O
A.D. 1892.
No. 547.
An Act to Authorise Surveyors to enter upon Lands
for the Purpose of Surveys.
[Assented to, Decem6er 17th, 1892.1
HEREAS it is desirable to define the conditions under which public roads, streets, thorouglrfares, and reserves, for the purpose of making surveys-Be it therefore Enacted by the Governor of the Yrovince of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows: | W | surveyors may enter upon Crown and private lands, and Pmamb. |
1, This Act may be cited for all purposes as the | Land |
Surveyors Act of | 1892," | Short title. |
In the construction and for the purposes of this Act, the fol-
lowing terms in inverted cornxnas shall have the respective meanings Interpretation C ~ ~ I I B ~
hereinafter assigned to them, that is to say-
2,
'< Surveyor" shall mean and include all land and engineering
surveyors in the employment of Her Majesty's Government
of the said province, as well as all surveyors holding licences .
under the Licensed Surveyors Acts of 1859 or 1886. or
any Act amending the same:
'' Lands" shall mean and include all lands within the said province,
whether alienated, from the Crown or otherwise, and all
public roads, streets, thoroughfares, and reserves:
'' Occupier " shall include leaseholder:
'' Owner" shall include the person for the time being receiving or
entitled to receive the rents and profits of the lands entered
647 upon*
55' & 56" VICTORIE, No. 547.
upon, whether on his own account, or as agent, trustee, or attorney for any other person; and, in the case of public roads, streets, thoroupjlfares, and reserves, means the Crown, or the Municipal Corporation, District Council, or 1,ocrtl Board of Main Roads, as the case .may be, in which the same are vested.
Surveyor or awiatant
may enter upon any | 3. Any surveyor, or assistant acting under his directions and |
lands to survey. | personal supervision, may enter and remain for a reasonable time upon any lands, and drive and leave pegs in and make and leave |
any survey marks on such lands for thc purposes of | any survey. |
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Power to out down |
trees, &c. | 4. For any of the purposes aforesaid it shall be lawful for any |
such surveyor or assistant acting as aforesaid to trim, lop, or cut down any trees or bushes that inay obstruct his survey, doing as little darnage as may be: Prorided that the owner or occupier
compensation. | of any land so entcrcd upon as aforesaid shall be entitled to com- pensation from the surveyor, or his employer, for m y damage or injury sustained in the exercise of the powers conferred herein: |
claim for compensa- | Surveyor not liable to Provided however that any such surveyoLor assistant mav exercise |
tion for cutting treeu | the above-mentioned pow&s on any p i l i c road, street, or ihorough | uponpublicroads, &C. | fare without being liable to any claim for com~cnsation or to any action or other legal proceeding on account thereof. |
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Consent of owner, |
corporation, or district | 5, Nothing in this ;let contained shall be deemed to authorise the lopping, trimming, or cutting down by any surveyor or his assistant of any vines, or fruit trccs, or trees, or bushes planted or conserved for ornamental purposes upon any private land without the consent in writing of the OWIM, or upon m y public road, street, thoroughfare, or reserve within the jurisdiction of any Municipal Corporation or District Council without the consent in writing of such Corporation or District Council first obtained. |
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council. |
Persons destro ing | 6. If | any person shall during the progress of | any survey wilfully |
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rurvey marka k b l e |
to fine of Twenty | pull UP, remove, destroy or in~ure any peg or other survey mark | POIUL~S. | hereafter driven, made, or put up, b y or under the direction of any such surveyor on the boundari& of any roads or other propert-y surveyed, or for the purpose of defining such boundaries, such person shall, for every such offence, be liable to a penalty of not exceeding Twenty Pounds. |
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Oornpwation maF la |
recovered in a sum- | 7* The compensation pay able in respect of any matters under this |
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mary way. | Act may be recovered in the Local Court nearest the land eutered |
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upon.
Penalties may be
recovered in a | 8, All penalties may be recovered in a summary way before two |
mmmary way. | or more Justices of the Peace in the manner provided by Ordinance No. 6 of 1850, or any other Act in force relating to the duties of Justices of the Peace, |
Q, There
55' & 566 VICTORIR, No. 547.
9, There shall be an appeal from any order or conviction under this Act, or from any order dismissing any information 3r complaint, which appeal shall be to the Local Court of Adelaide of Full Jurisdiction, and the proceedings on such appeal shall be conducted
in manner provided for appeals to Local Courts by the said Ordinance
No. 6 of 1850, or any Act for the time being in force regulating such appeals.
In the name and on behalf of Her Majesty, I hcrcby assent to
this Bill.
Adelaide: By authority, C, E. ~ ~ S T O W, | Government Printer, North-terrace. |