Surveyors Act 2007 (ACT)

Case

Surveyors Act 2007   

A2007-33

Republication No 11

Effective:  31 May 2024

Republication date: 31 May 2024

Last amendment made by A2024‑21

About this republication

The republished law

This is a republication of the Surveyors Act 2007 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 31 May 2024.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 31 May 2024. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

    • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication includes amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

    Surveyors Act 2007

    Contents

    Page

    Part 1      Preliminary

    1            Name of Act  2

    3            Dictionary  2

    4            Notes  2

    5Offences against Act—application of Criminal Code etc 2

    Part 2      Registration of surveyors

    Division 2.1                  Registration

    6            Application for registration  3

    7           Eligibility for registration  3

    7A          Application for registration renewal  4

    7B          Eligibility for registration renewal  4

    7C          Surveyor-general may request information  5

    8            Decision on application for registration or renewal  5

    9            Registration condition  6

    10          Registration term  6

    Division 2.2                  Surveyors register

    11          Keeping surveyors register  7

    12          Details to be entered in surveyors register  8

    13          Register information may be shared  8

    14          Changes to surveyors register  8

    15          Surveyors to notify change of address  9

    Part 3      Regulatory action

    Division 3.2                  Cancellation of registration for incapacity

    23          Cancellation of registration for incapacity  10

    24          Notice of intention to cancel registration for incapacity  11

    Division 3.3                  Occupational discipline—surveyors

    25          Meaning of surveyor––div 3.3  11

    26          Grounds for occupational discipline  12

    27          Surveyor-general may apply to ACAT for occupational discipline          14

    28          Giving local registering authorities information about cancelling or suspending registration      14

    Division 3.4                  Other regulatory action

    41          Voluntary cancellation of registration  15

    42          Inquiries about registered addresses  15

    43          Return of registration certificate on cancellation and suspension           15

    Part 4      The practice of surveying

    Division 4.1                  Interpretation—pt 4

    44          Definitions—pt 4  17

    Division 4.2                  Power of entry and damage

    45          Power of entry generally  17

    46          Application for order to enter building etc  19

    47          Damage by surveyors and assistants—generally  19

    48          Damage by surveyors and assistants—compensation  19

    Division 4.3                  Offences

    49          Only surveyors to carry out surveys  20

    50          Certificates to be given only by surveyors  20

    51          Pretending to be surveyor  21

    52          Hindering and obstructing surveyor and assistant  21

    53          Destruction of, and damage to, survey marks  22

    54          Surveyors to give evidence of field procedures to surveyor-general       22

    Division 4.4                  Surveyor-general practice directions

    55          Surveyor-general practice directions  23

    56          Exemptions from practice directions  24

    57          Surveyors to comply with practice directions  24

    58          Surveys and plans to comply with practice directions  24

    Part 5      Surveyor-general

    59          Appointment of surveyor-general  25

    60          Functions of surveyor-general  25

    61          Delegation by surveyor-general  26

    Part 6      Advisory committee

    62          Establishment of advisory committee  27

    63          Advisory committee functions  27

    64          Advisory committee membership  27

    65          Minister to appoint advisory committee members  28

    66          Appointment of professional entity representatives  28

    67          Disclosure of interests by advisory committee members  29

    68          Advisory committee––chair  30

    69          Advisory committee—general procedure  30

    70          Minimum number for advisory committee meetings  30

    71          Voting at advisory committee meetings  30

    72          Advisory committee to keep minutes  31

    73          Protection of advisory committee members  31

    74          Ending appointment of advisory committee members  31

    Part 7      Notification and review of decisions

    75          Meaning of reviewable decision—pt 7  33

    76          Reviewable decision notices  33

    77          Applications for review  33

    Part 8      Miscellaneous

    78          Evidentiary certificates  34

    79          Secrecy  34

    80          Determination of fees  36

    81          Approved forms  36

    82          Regulation-making power  36

    Schedule 1 Reviewable decisions  37

    Dictionary38

    Endnotes

    1            About the endnotes  41

    2            Abbreviation key  41

    3            Legislation history  42

    4            Amendment history  44

    5            Earlier republications  50

    Surveyors Act 2007

    An Act to regulate the practice of land surveying, and for other purposes

    Part 1Preliminary

    1. Name of Act

      This Act is the Surveyors Act 2007.

    2. Dictionary

      The dictionary at the end of this Act is part of this Act.

      Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

      For example, the signpost definition ‘advisory committee member––see section 64.’ means that the term ‘advisory committee member’ is defined in that section.

      Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    3. Notes

      A note included in this Act is explanatory and is not part of this Act.

      NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    4. Offences against Act—application of Criminal Code etc

      Other legislation applies in relation to offences against this Act.

      Note 1Criminal Code

      The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

      The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

      Note 2Penalty units

      The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

    Part 2Registration of surveyors

    Division 2.1               Registration

    1. Application for registration

      A person may apply to the surveyor-general for registration as a surveyor.

    2. Eligibility for registration

      (1)A person is eligible to be registered as a surveyor if—

      (a)the person—

      (i)has previously been registered as a surveyor in the ACT; or

      (ii)is or has previously been registered as a surveyor in a State; or

      NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).

      (iii)has obtained a certificate of competency as a land surveyor from the board of surveying and spatial information; and

      (b)the surveyor-general is satisfied that the person has a working knowledge of current surveying practices and any practice directions; and

      (c)if the person has previously been registered as a surveyor in the ACT or is or has previously been registered as a surveyor in a State—

      (i)the registration was not involuntarily cancelled; or

      (ii)if the registration was involuntarily cancelled—the surveyor-general is satisfied that it is appropriate to register the person, taking into account—

      (A)the reason for the person’s registration being involuntary cancelled; and

      (B)anything relevant done by the person since their registration was involuntarily cancelled.

      Example—subpar (ii)

      The person’s registration was cancelled because they carried out a survey that was inaccurate because they lacked knowledge of current surveying practices. Since the cancellation, the person has acquired sufficient knowledge of current surveying practices.

      (2)For subsection (1) (c), a person’s registration as a surveyor is involuntarily cancelled if the registration is cancelled for any reason other than because the person requested the cancellation.

      (3)In this section:

      board of surveying and spatial information means the board of surveying and spatial information established under the Surveying and Spatial Information Act 2002 (NSW), section 27.

    7AApplication for registration renewal

    (1)A surveyor may apply to the surveyor-general for renewal of their registration.

    (2)If a surveyor applies for renewal before their registration ends, the registration continues in force until the day the application is decided.

    7BEligibility for registration renewal

    A surveyor is eligible to have their registration renewed if the surveyor-general is satisfied that the surveyor—

    (a)continues to be eligible for registration; and

    (b)meets any other eligibility requirements prescribed by regulation.

    7CSurveyor-general may request information

    (1)The surveyor-general may, in writing, require an applicant under section 6 or section 7A to give the surveyor-general information that the surveyor-general reasonably needs to decide the application.

    (2)If the applicant does not comply with a requirement under subsection (1), the surveyor-general may refuse to consider the application further.

    1. Decision on application for registration or renewal

      (1)If a person applies for registration, the surveyor-general must—

      (a)if the person is eligible for registration—

      (i)register the person; and

      (ii)give the person a unique identifying number (a registration number); or

      (b)if the person is not eligible for registration—refuse to register the person.

      (2)If a surveyor applies for renewal of their registration, the surveyor‑general must—

      (a)if the surveyor is eligible for registration renewal—renew the surveyor’s registration; or

      (b)if the surveyor is not eligible for registration renewal—refuse to renew the surveyor’s registration.

      (3)If the surveyor-general registers a person, the surveyor-general must give the person a certificate (a registration certificate) that includes the following information:

      (a)the person’s name;

      (b)the person’s registration number;

      (c)the date the person’s registration begins.

      (4)If the surveyor-general refuses an application for registration or renewal of registration, the surveyor-general must give the applicant written notice of the decision.

      (5)The surveyor-general is taken to have refused an application for registration or renewal of registration if the surveyor-general does not decide the application within 45 days after the day the surveyor‑general—

      (a)received the application; or

      (b)received the information requested under section 7C.

    2. Registration condition

      (1)It is a condition of a surveyor’s registration that the surveyor undertakes continuing professional development in accordance with any directions under subsection (2).

      (2)The surveyor-general may give directions about continuing professional development for surveyors.

      (3)However, the surveyor-general must consult the advisory committee about a proposed direction before making the direction.

      (4)A direction is a notifiable instrument.

      NoteA notifiable instrument must be notified under the Legislation Act.

    3. Registration term

      (1)A surveyor’s registration—

      (a)begins on the day stated in the registration certificate; and

      (b)ends on 30 June after the registration begins.

      NoteA surveyor’s registration may be cancelled before it ends (see s 23, s 27 and s 41).

      (2)A surveyor’s renewal of registration—

      (a)begins on the earlier of the following:

      (i)if the surveyor-general decides the application for renewal before the day the surveyor’s registration ends—1 July after the surveyor-general decides the application for renewal;

      (ii)in any other case—the day the surveyor-general decides the application for renewal; and

      (b)ends on 30 June after the renewal begins.

      NoteIf a surveyor applies for renewal before their registration ends, the registration continues in force until the day the application is decided (see s 7A (2)).

    Division 2.2               Surveyors register

    1. Keeping surveyors register

      (1)The surveyor-general must ensure a surveyors register is kept in accordance with this Act.

      (2)The surveyors register—

      (a)may be kept in any form, including electronically; and

      (b)must be made available to the public.

      (3)However, subsection (2) (b) does not apply to details in the surveyors register about––

      (a)a surveyor’s date of birth; and

      (b)if a surveyor’s registration has been suspended––the grounds for suspension; and

      (c)anything else prescribed by regulation.

      (4)Any mistake, error or omission in the surveyors register may be corrected.

    2. Details to be entered in surveyors register

      (1)The following details must be entered in the surveyors register in relation to a surveyor:

      (a)the surveyor’s name;

      (b)the address of each place (a registered business address) where the surveyor carries on the practice of surveying or, if the surveyor does not have a registered business address, the surveyor’s home address;

      (c)the surveyor’s date of birth;

      (d)the surveyor’s registration number;

      (e)the date the surveyor’s registration begins and ends;

      (f)if the surveyor’s registration has been suspended––

      (i)the grounds for suspension; and

      (ii)the period of suspension;

      (g)any other details prescribed by regulation.

      (2)The surveyors register may contain other details.

    3. Register information may be shared

      Information in the register, including information that is not available to the public, may be given to a local registering authority to assist in the regulation of surveyors in the local jurisdiction.

    4. Changes to surveyors register

      (1)If a person’s registration ends, details of the person’s registration must be removed from the surveyors register.

      NoteFor when a person’s registration ends, see s 10.

      (2)If a surveyor tells the surveyor-general about a change of address under section 15, the change must be entered in the surveyors register.

      (3)To remove any doubt, nothing in this section prevents the keeping of a record of––

      (a)registration details removed from the register under subsection (1); or

      (b)a previous address under subsection (2).

    5. Surveyors to notify change of address

      (1)A surveyor commits an offence if—

      (a)the surveyor has a registered business address; and

      (b)any of the following changes happen:

      (i)the address changes;

      (ii)the address stops being a business address of the surveyor; and

      (c)the surveyor fails to tell the surveyor-general, in writing, about the change as soon as practicable but not later than 21 days after the day the change happens.

      Maximum penalty:  5 penalty units.

      (2)A surveyor commits an offence if—

      (a)the surveyor does not have a registered business address; and

      (b)either of the following changes happen:

      (i)the surveyor’s home address changes;

      (ii)the surveyor gets a business address; and

      (c)the surveyor fails to tell the surveyor-general, in writing, about the change as soon as practicable but not later than 21 days after the day the change happens.

      Maximum penalty:  5 penalty units.

      (3)An offence against this section is a strict liability offence.

    Part 3Regulatory action

    Division 3.2               Cancellation of registration for incapacity

    1. Cancellation of registration for incapacity

      (1)This section applies if the surveyor-general believes on reasonable grounds that—

      (a)a surveyor has become mentally or physically incapacitated; and

      (b)the incapacity substantially affects the surveyor’s ability to practise surveying.

      (2)The surveyor-general may cancel the surveyor’s registration.

      (3)However, the surveyor-general must not cancel the surveyor’s registration unless—

      (a)the surveyor-general—

      (i)gives the surveyor written notice under section 24 of the surveyor-general’s intention to cancel the registration; and

      (ii)takes into consideration any response received from the surveyor in accordance with the notice; and

      (b)the surveyor-general is satisfied that—

      (i)the surveyor is mentally or physically incapacitated; and

      (ii)the incapacity substantially affects the surveyor’s ability to practise surveying; and

      (c)at least 15 business days have passed since the day the notice was given under section 24.

      (4)Cancellation of a person’s registration under this section takes effect—

      (a)when written notice of the cancellation is given to the person; or

      (b)if the written notice of the cancellation states a later date—on the stated date.

    2. Notice of intention to cancel registration for incapacity

      A notice under this section given to a surveyor must—

      (a)state that the surveyor-general intends to cancel the surveyor’s registration; and

      (b)explain why the surveyor-general intends to cancel the registration; and

      (c)state that the surveyor may, within 12 business days after the day the surveyor is given the notice, give a written response to the surveyor-general about the matters in the notice.

      NoteFor how documents may be served, see the Legislation Act, pt 19.5.

    Division 3.3               Occupational discipline—surveyors

    1. Meaning of surveyor––div 3.3

      In this division:

      surveyor—

      (a)in relation to an act or omission, means—

      (i)a registered person; or

      (ii)a person who was registered at the time of the act or omission; and

      (b)in any other case—includes a person whose registration has been cancelled.

    1. Grounds for occupational discipline

      (1)Each of the following is a ground for occupational discipline in relation to a surveyor:

      (a)the surveyor gave information in relation to the application for registration that was false or misleading in a material particular;

      (b)the surveyor has certified to the accuracy of a survey or a measurement survey knowing it to be inaccurate;

      (c)the surveyor has, deliberately or through carelessness or incompetence, carried out a survey or a measurement survey that is so inaccurate or defective as to be unreliable;

      (d)a survey has been carried out, or a plan prepared, by or under the supervision of the surveyor, that contravenes section 58 (Surveys and plans to comply with practice directions);

      (e)the surveyor has contravened, or is contravening, this Act, whether or not the surveyor has been convicted of an offence for the contravention;

      NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

      (f)both of the following apply:

      (i)the surveyor has been convicted or found guilty in Australia of an offence involving fraud, dishonesty or violence that is punishable by imprisonment for 1 year or longer;

      (ii)the surveyor-general is satisfied that committing the offence affects the surveyor’s suitability to practise surveying;

      (g)both of the following apply:

      (i)the surveyor has been convicted or found guilty outside Australia of an offence involving fraud, dishonesty or violence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer;

      (ii)the surveyor-general is satisfied that committing the offence affects the surveyor’s suitability to practise surveying.

      (2)A ground for occupational discipline applies to a surveyor who is no longer registered if the ground applied to the surveyor while registered.

      (3)In this section:

      measurement survey means an activity that includes any of the following:

      (a)taking measurements of distance, height, depth, level or direction in relation to land, including the air space above land and the subsurface below land and land covered by water;

      (b)inserting survey marks in or on land;

      (c)recording any measurements taken under paragraph (a) and the location of any survey marks inserted under subparagraph (b);

      (d)collating any measurements and locations recorded under subparagraph (c);

      (e)preparing plans or other documents to illustrate the results of any measurements taken, or the location of any survey marks inserted, under this paragraph.

    2. Surveyor-general may apply to ACAT for occupational discipline

      If the surveyor-general believes on reasonable grounds that a ground for occupational discipline exists in relation to a surveyor, the surveyor-general may apply to the ACAT for an occupational discipline order in relation to the surveyor.

      NoteThe ACT Civil and Administrative Tribunal Act 2008, s 66 sets out occupational discipline orders the ACAT may make.

    3. Giving local registering authorities information about cancelling or suspending registration

      (1)This section applies if the ACAT cancels or suspends a surveyor’s registration or disqualifies a surveyor from applying for registration.

      (2)The surveyor-general must give each local registering authority the following information about the surveyor:

      (a)the name and any other identifying details of the surveyor;

      (b)a short description of the ground for occupational discipline on which the occupational discipline order was based;

      (c)whether the registration has been cancelled or suspended or the surveyor disqualified;

      (d)if the registration has been suspended—the period of suspension;

      (e)if the surveyor has been disqualified—the period of disqualification.

      (3)This section does not limit any other requirement or power, under this Act or another law in force in the ACT, to give information to a local registering authority.

    Division 3.4               Other regulatory action

    1. Voluntary cancellation of registration

      The surveyor-general must cancel a surveyor’s registration if—

      (a)the surveyor asks, in writing, for the cancellation; and

      (b)the surveyor gives the surveyor’s registration certificate to the surveyor-general or satisfies the surveyor-general that the certificate has been lost, stolen or destroyed; and

      (c)the surveyor-general has no ground for believing that the surveyor has contravened, or is contravening, this Act.

    2. Inquiries about registered addresses

      (1)The surveyor-general may, by written notice, ask a surveyor—

      (a)if the surveyor’s address in the surveyors register is correct; and

      (b)for a surveyor without a registered business address—if the surveyor has a business address.

      (2)A notice under subsection (1) must state the consequences under subsection (3) of failing to respond to the notice.

      (3)If the surveyor-general does not receive an answer to a notice sent to a surveyor under subsection (1) by the end of the period of 2 months after the day the notice is sent to the surveyor, the surveyor-general may cancel the surveyor’s registration.

    3. Return of registration certificate on cancellation and suspension

      (1)This section applies to a person whose registration is suspended or cancelled.

      (2)The surveyor-general may, by written notice, require the person to return to the surveyor-general, as soon as practicable but not later than 14 days after the day the person receives the notice, the person’s registration certificate.

      (3)A person must comply with a requirement made of the person under subsection (2).

      Maximum penalty:  5 penalty units.

      (4)An offence against this section is a strict liability offence.

    Part 4The practice of surveying

    Division 4.1               Interpretation—pt 4

    1. Definitions—pt 4

      In this part:

      survey mark includes a beacon, concrete block, chisel mark, galvanised iron pipe, lockspit, metal pin or plaque, drill hole and wings, peg or stone cairn, placed on land for a survey.

      surveyor does not include a person whose registration is suspended.

    Division 4.2               Power of entry and damage

    1. Power of entry generally

      (1)For the purpose of carrying out a survey, a surveyor or someone assisting a surveyor (an assistant) may at any reasonable time, in accordance with this section—

      (a)enter land, including land that is not to be surveyed; and

      (b)open a door, gate or fence; and

      (c)place a survey mark on the ground of land entered; and

      (d)make a hole in the ground to uncover or expose a survey mark; and

      (e)enter a building; and

      (f)trim a tree or bush obstructing a survey.

      NoteThe Urban Forest Act 2023 includes offences for damaging protected trees. However, minor pruning of a regulated tree does not constitute damaging the tree (see Urban Forest Act 2023, s 14).

      (2)A surveyor or assistant may enter land that is not owned by the person for whom the survey is being carried out only if, before entering the land, the surveyor gives the owner of the land reasonable notice, whether oral or written, of the surveyor’s or assistant’s intention to enter the land.

      NoteFor how documents may be given, see the Legislation Act, pt 19.5.

      (3)If a surveyor gives an owner notice under subsection (2), the surveyor must—

      (a)keep written evidence of the notice, including how the notice was given; and

      (b)give a copy of the evidence to the surveyor-general on request.

      Examples—written evidence

      file note, copy of written notice

      (4)A surveyor or assistant may enter a building or part of a building that is not occupied by the person for whom the survey is being carried out only—

      (a)if the occupier has consented, in writing, to the entry; or

      (b)in accordance with an order of the Magistrates Court.

      (5)To remove any doubt, an assistant may only exercise a function under this section in relation to land or a building––

      (a)if the assistant is with the surveyor; or

      (b)if the assistant is not with the surveyor––if the owner or occupier has consented, in writing, to the exercise of the function.

      (6)In this section:

      occupier, of a building, includes—

      (a)a person believed on reasonable grounds to be an occupier of the building; and

      (b)a person apparently in charge of the building.

      owner, of land, includes the lessee or occupier of the land.

    2. Application for order to enter building etc

      (1)A surveyor or person for whom a survey is being, or is to be, carried out, may apply to the Magistrates Court for an order under section 45 (4) (b) allowing entry to a building or part of a building.

      (2)The Magistrates Court must make the order if satisfied that the survey can not reasonably be carried out unless the surveyor, or person assisting the surveyor, enters the building or part of the building.

      (3)An order under this section may be subject to a condition.

    3. Damage by surveyors and assistants—generally

      (1)This section applies if someone exercises or purports to exercise a function under section 45.

      (2)The person must take reasonable steps to ensure that the person causes as little inconvenience, detriment and damage as is practicable when exercising or purporting to exercise the function.

      (3)If the person damages anything when exercising or purporting to exercise the function, the person must immediately give written notice of the details of the damage to someone the person believes on reasonable grounds is the owner of the thing.

      (4)However, if it is not practicable to comply with subsection (3), the person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened.

      (5)The person is liable to pay compensation for the damage to the owner of the thing.

    4. Damage by surveyors and assistants—compensation

      (1)Compensation mentioned in section 47 (5) may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction.

      (2)A court may order the payment of reasonable compensation for the damage only if satisfied it is just to make the order in the circumstances of the particular case.

      (3)A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

      (4)The amount of compensation that a person is ordered to pay that is reasonably and necessarily caused in carrying out the survey is an amount owing to the person by the person for whom the survey is being, or was, carried out.

      NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

    Division 4.3               Offences

    1. Only surveyors to carry out surveys

      A person commits an offence if the person––

      (a)carries out a survey; and

      (b)is not a surveyor, or supervised by a surveyor, when the survey is carried out.

      Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

      NoteThe register-general may issue directions for the supervision of people assisting surveyors under s 55.

    2. Certificates to be given only by surveyors

      (1)A person commits an offence if––

      (a)the person is not a surveyor; and

      (b)the person gives, or purports to give, a certificate that, under a territory law, is required to be given by a surveyor.

      Maximum penalty:  30 penalty units.

      (2)An offence against this section is a strict liability offence.

    3. Pretending to be surveyor

      A person commits an offence if––

      (a)the person is not a surveyor; and

      (b)the person––

      (i)pretends to be qualified to carry out a survey; or

      (ii)otherwise pretends to be a surveyor.

      Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

      Example—par (b)

      using ‘registered surveyor’ on letterhead or in an advertisement

    4. Hindering and obstructing surveyor and assistant

      A person commits an offence if—

      (a)the person knows someone is—

      (i)a surveyor; or

      (ii)assisting a surveyor (an assistant); and

      (b)the person hinders or obstructs the surveyor or assistant in the exercise of the surveyor’s or assistant’s powers under section 45 (1) (Power of entry generally).

      Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

    5. Destruction of, and damage to, survey marks

      (1)A person commits an offence if––

      (a)the person interferes with, changes or removes a mark; and

      (b)the mark is a survey mark; and

      (c)the person is reckless about whether the mark is a survey mark.

      Maximum penalty:  20 penalty units.

      (2)However, subsection (1) does not apply to a person––

      (a)who removes a survey mark if the mark is removed to put up a fence or do construction work on or near the boundary of a property; or

      (b)if the person otherwise has a reasonable excuse.

      Example––s (2) (b)

      A person has a reasonable excuse if the removal of a survey mark has been authorised in writing by the surveyor-general.

    6. Surveyors to give evidence of field procedures to surveyor-general

      (1)The surveyor-general may, in writing, require a surveyor to give the surveyor-general stated evidence of field procedures that the surveyor-general reasonably needs to exercise the surveyor‑general’s functions under this Act or another territory law.

      Note Territory laws that give functions to the surveyor-general include the Districts Act 2002, s 7 and s 17 and the Land Titles Act 1925, s 64.

      (2)A surveyor must comply with a requirement made of the surveyor under subsection (1).

      Maximum penalty:  50 penalty units.

      (3)An offence against this section is a strict liability offence.

      (4)It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant took reasonable steps to comply with subsection (2).

      (5)The surveyor-general may keep material produced under this section for the time reasonably necessary to make a copy of it.

      (6)In this section:

      field procedure means any field procedure that a surveyor is required to keep under a practice direction.

    Division 4.4               Surveyor-general practice directions

    1. Surveyor-general practice directions

      (1)The surveyor-general may issue directions in relation to the practice of surveying, including, for example—

      (a)the preparation of plans showing the results of surveys; and

      (b)the preparation and keeping of field procedures relating to surveys; and

      (c)the supervision of people assisting surveyors in carrying out or preparing surveys; and

      (d)the nature and position of survey marks; and

      (e)the achievement of accuracy in surveying; and

      (f)the provision of information by surveyors for inclusion in the digital cadastral database.

      (2)A practice direction may apply, adopt or incorporate a law or instrument as in force from time to time.

      NoteThe text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

      (3)Before issuing a practice direction, the surveyor-general must consult the advisory committee about the proposed direction.

      (4)A practice direction is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

      (5)In this section:

      digital cadastral database––see the Districts Act 2002, section 17.

    2. Exemptions from practice directions

      (1)The surveyor-general may, in writing, exempt a surveyor from a stated requirement of a practice direction if satisfied on reasonable grounds that it is not practicable for the surveyor to comply with the direction.

      (2)An exemption may be subject to any condition decided by the surveyor-general.

      (3)An exemption that is subject to a condition does not have effect if the condition is not complied with.

    3. Surveyors to comply with practice directions

      A surveyor must comply with each practice direction that applies to the surveyor.

    4. Surveys and plans to comply with practice directions

      A surveyor must ensure that a survey carried out, or a plan prepared, by or under the supervision of the surveyor—

      (a)is in accordance with each practice direction that applies in relation to the survey or plan; and

      (b)states any exemption under section 56 (1) for a practice direction that applies in relation to the survey or plan; and

      (c)states the conditions (if any) the exemption is subject to.

    Part 5Surveyor-general

    1. Appointment of surveyor-general

      (1)The director‑general must appoint a public servant as the Surveyor‑general.

      (2)However, the director‑general must not appoint a person under subsection (1) unless satisfied that the person is, or is eligible to be, registered as a surveyor.

      Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

      Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

    2. Functions of surveyor-general

      (1)The surveyor-general has the following functions:

      (a)to investigate trends in surveying and to ensure the practice of surveying is current in the ACT and aligned with best practice;

      (b)to consult with entities (including organisations that represent surveyors in the ACT) on major policy issues affecting the practice of surveying;

      (c)to liaise and enter into arrangements on behalf of the Territory with any entity that, in Australia or elsewhere, is concerned with surveyors and the practice of surveying, for—

      (i)developing or reviewing standards for the practice of surveying; and

      (ii)reviewing the qualifications and professional development of surveyors; and

      (iii)the exercise of the surveyor-general’s functions under this Act or another territory law.

      (2)The surveyor-general has any other function given to the surveyor‑general under this Act or another territory law.

      Note 1Territory laws that give functions to the surveyor-general include the Districts Act 2002, s 7 and s 17 and the Land Titles Act 1925, s 64.

      Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

      Note 3A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

    3. Delegation by surveyor-general

      The surveyor-general may delegate the surveyor-general’s functions under this Act or another territory law to a public servant who is a surveyor.

      NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

    Part 6Advisory committee

    1. Establishment of advisory committee

      The survey practice advisory committee is established.

    2. Advisory committee functions

      (1)The advisory committee has the following functions of advising the surveyor-general:

      (a)in relation to anything about the practice of surveying if asked by the surveyor-general;

      (b)whether a new practice direction is needed or a direction needs revising;

      (c)about any proposed guidelines for continuing professional development or if a guideline needs revising.

      (2)The advisory committee has any other function given to it under this Act.

      Note 1A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

      Note 2A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

    1. Advisory committee membership

      (1)The advisory committee must have at least 5, but not more than 7, members (each of whom is an advisory committee member).

      (2)The advisory committee is made up of the following people:

      (a)the surveyor-general;

      (b)at least 3 other surveyors, 2 of whom are professional entity representatives;

      (c)at least 1 member who is not a surveyor.

      NoteSection 66 sets out how professional entity representatives are chosen for appointment under s 65.

      (3)To remove any doubt, in this section:

      surveyor does not include a person whose registration is suspended.

    2. Minister to appoint advisory committee members

      (1)The Minister must appoint the advisory committee members (other than the surveyor-general).

      NoteFor the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

      (2)The Legislation Act, division 19.3.3 (Appointments––Assembly consultation) does not apply to an appointment of an advisory committee member under this section.

      (3)The Minister must not appoint a professional entity representative for longer than 3 years.

      (4)The Minister must not reappoint a person as a professional entity representative if the person would be a professional entity representative for longer than 3 consecutive years.

    3. Appointment of professional entity representatives

      (1)This section applies if, whether because of a vacancy or otherwise, the Minister must appoint 1 or 2 professional entity representatives to the advisory committee.

      (2)The Minister must ask a professional entity to nominate the prescribed number of potential representatives—

      (a)that the entity is satisfied will adequately represent the views of the entity on the advisory committee; and

      (b)who are surveyors.

      (3)The Minister must, under section 65, appoint 1 or 2 representatives from the people nominated.

      (4)In this section:

      prescribed number, of potential representatives, means—

      (a)if the Minister must appoint 1 professional entity representative—2; or

      (b)if the Minister must appoint 2 professional entity representatives—3.

      professional entity means an entity that the Minister is satisfied was established to represent the interests of surveyors in the ACT.

    4. Disclosure of interests by advisory committee members

      (1)If an advisory committee member has a relevant interest in an issue being considered, or about to be considered, by the committee, the member must disclose the nature of the interest at a meeting of the committee as soon as practicable after the relevant facts come to the member’s knowledge.

      (2)The disclosure must be recorded in the advisory committee’s minutes and, unless the committee otherwise decides, the advisory committee member must not—

      (a)be present when the committee considers the issue; or

      (b)take part in a decision of the committee on the issue.

      (3)Any other advisory committee member who also has a relevant interest in the issue must not—

      (a)be present when the committee considers whether to make a decision under subsection (2); or

      (b)take part in the decision.

      (4)The advisory committee must, not later than 7 days after the end of each financial year, give the surveyor-general a statement that sets out the details of all disclosures under this section made during the financial year.

      (5)In this section:

      relevant interest, in an issue, means a direct or indirect financial or other interest in the issue.

    5. Advisory committee––chair

      The surveyor-general is the chair of the advisory committee.

    6. Advisory committee—general procedure

      (1)Meetings of the advisory committee are to be held when and where it decides.

      (2)However—

      (a)the advisory committee must meet at least twice each year; and

      (b)the surveyor-general may, by reasonable written notice given to the other advisory committee members, call a meeting.

      (3)The advisory committee may conduct its proceedings (including its meetings) as it considers appropriate.

    7. Minimum number for advisory committee meetings

      Business may be carried on at an advisory committee meeting only if at least 3 advisory committee members are present.

    8. Voting at advisory committee meetings

      At a meeting of the advisory committee, a question is decided by a majority of the votes of the advisory committee members present and voting.

    9. Advisory committee to keep minutes

      The advisory committee must keep minutes of its meetings.

    10. Protection of advisory committee members

      (1)An advisory committee member is not personally liable for conduct engaged in honestly and not recklessly—

      (a)in the exercise of a function under this Act; or

      (b)in the reasonable belief that the conduct was in the exercise of a function under this Act.

      (2)Any civil liability that would, apart from this section, attach to a person attaches instead to the Territory.

      (3)In this section:

      advisory committee member includes anyone acting under the direction or authority of the advisory committee.

      conduct means an act or an omission to do an act.

    11. Ending appointment of advisory committee members

      (1)This section applies to an advisory committee member other than the surveyor-general.

      (2)The Minister must end the appointment of an advisory committee member if—

      (a)the Minister becomes aware that the member—

      (i)has failed to comply with section 67 (Disclosure of interests by advisory committee members) without reasonable excuse; or

      (ii)has at any time been convicted, in Australia, of an offence punishable by imprisonment for 1 year or longer; or

      (iii)has at any time been convicted, outside Australia, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer; or

      (b)satisfied that the member is no longer qualified to be appointed to the member’s position.

      (3)The Minister may end the appointment of an advisory committee member—

      (a)if the member is absent from 3 consecutive meetings of the advisory committee other than on approved leave; or

      (b)if the member contravenes a territory law; or

      (c)for misbehaviour; or

      (d)for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.

      NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

    Part 7Notification and review of decisions

    1. Meaning of reviewable decision—pt 7

      In this part:

      reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

    2. Reviewable decision notices

      If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.

      Note 1The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

      Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

    3. Applications for review

      The following may apply to the ACAT for a review of a reviewable decision:

      (a)an entity mentioned in schedule 1, column 4 in relation to the decision;

      (b)any other person whose interests are affected by the decision.

      NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

    Part 8Miscellaneous

    1. Evidentiary certificates

      (1)The surveyor-general may give a signed certificate—

      (a)stating that on a stated date or during a stated period a named person was or was not registered; and

      (b)if the person was registered—including details of the person’s registration.

      (2)A certificate under this section is evidence of the matters stated in it.

      (3)Unless the contrary is proved, a document that purports to be a certificate under this section is taken to be a certificate.

    2. Secrecy

      (1)In this section:

      court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

      divulge includes communicate.

      person to whom this section applies means a person who—

      (a)is or has been—

      (i)a member of the advisory committee; or

      (ii)anyone acting under the direction or authority of the advisory committee; or

      (b)exercises, or has exercised, a function under this Act.

      produce includes allow access to.

      protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise, or purported exercise, of a function under this Act by the person or someone else.

      (2)A person to whom this section applies commits an offence if—

      (a)the person—

      (i)makes a record of protected information about someone else; and

      (ii)is reckless about whether the information is protected information about someone else; or

      (b)the person—

      (i)does something that divulges protected information about someone else; and

      (ii)is reckless about whether—

      (A)the information is protected information about someone else; and

      (B)doing the thing would result in the information being divulged to someone else.

      Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

      (3)Subsection (2) does not apply if the record is made, or the information is divulged—

      (a)under this Act or another territory law; or

      (b)in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or

      (c)in a court proceeding; or

      (d)to a person administering or enforcing a corresponding law of a local jurisdiction.

      NoteCorresponding law—see the dictionary.

      (4)Subsection (2) does not apply to the divulging of protected information about someone with the person’s consent.

    3. Determination of fees

      (1)The Minister may determine fees for this Act.

      NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

      (2)A determination is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    4. Approved forms

      (1)The surveyor-general may approve forms for this Act.

      (2)If the surveyor-general approves a form for a particular purpose, the approved form must be used for that purpose.

      NoteFor other provisions about forms, see the Legislation Act, s 255.

      (3)An approved form is a notifiable instrument.

      NoteA notifiable instrument must be notified under the Legislation Act.

    5. Regulation-making power

      The Executive may make regulations for this Act.

      NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.


    Schedule 1Reviewable decisions

    (see pt 7)

    column 1

    item

    column 2

    section

    column 3

    decision

    column 4

    entity
    1 8 (1) (b) refuse to register person applicant for registration
    2 8 (2) (b) refuse to renew surveyor’s registration applicant for renewal
    3 23 cancel person’s registration person whose registration is cancelled
    4 41 refuse to cancel surveyor’s registration surveyor
    5 42 (3) cancel person’s registration person whose registration is cancelled
    6 56 refuse to give surveyor exemption surveyor
    7 56 give surveyor an exemption subject to condition surveyor

    Dictionary

    (see s 3)

    Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

    Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

    ·     ACAT

    ·     appoint

    ·     business day

    ·     director‑general (see s 163)

    ·     exercise

    ·     found guilty

    ·     function

    ·     occupational discipline order

    ·     public servant

    ·     reviewable decision notice

    ·     State

    ·     territory law.

    advisory committee means the survey practice advisory committee established under section 62.

    advisory committee member—see section 64.

    business address, for a surveyor, means an address of a place from which the surveyor carries on the practice of surveying.

    corresponding law means any law of a local jurisdiction that regulates surveyors in the jurisdiction.

    field procedures means field notes, records, measurements or calculations.

    ground for occupational discipline—see section 26.

    local jurisdiction means the Commonwealth, a State or New Zealand.

    local registering authority means the entity responsible for regulating the surveying profession under a corresponding law.

    practice direction means a direction issued under section 55.

    public road—see the Public Unleased Land Act 2013, section 9.

    public unleased land—see the Public Unleased Land Act 2013, section 8.

    registered means registered under this Act.

    registered business address—see section 12(1) (b).

    registration certificate—see section 8 (3).

    registration number––see section 8 (1) (a) (ii).

    reviewable decision, for part 7 (Notification and review of decisions)—see section 75.

    survey means the survey of land for the purpose of—

    (a)defining, redefining or marking the boundaries of land divided or to be divided under the Districts Act 2002; or

    (b)deciding whether improvements are or are not within the boundaries of any land; or

    (c)defining, redefining or marking the boundaries of an area of public unleased land or a public road; or

    (d)defining, redefining or marking the boundaries of land in relation to which an interest has been, or is to be, created; or

    (e)defining, redefining or marking the boundaries of land to be resumed under a law of the Territory or Commonwealth.

    survey mark, for part 4 (The practice of surveying)––see section 44.

    surveyor—

    (a)for this Act generally—means a person registered under this Act; and

    (b)for division 3.3 (Occupational discipline—surveyors)—see section 25.

    (c)for part 4 (The practice of surveying)—see section 44.

    surveyor-general means the surveyor-general appointed under section 59.

    surveyors register means the surveyors register mentioned in section 11.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired

    1. Legislation history

      Surveyors Act 2007 A2007-33

      notified LR 25 October 2007
      s 1, s 2 commenced 25 October 2007 (LA s 75 (1))
      remainder commenced 14 November 2007 (s 2 and CN2007-15)

      as amended by

      ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.48

      notified LR 4 September 2008
      s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
      sch 1 pt 1.48 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

      Surveyors Amendment Act 2010 A2010-6

      notified LR 2 March 2010
      s 1, s 2 commenced 2 March 2010 (LA s 75 (1))
      remainder commenced 3 March 2010 (s 2)

      Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.144

      notified LR 30 June 2011
      s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
      sch 1 pt 1.144 commenced 1 July 2011 (s 2 (1))

      Planning and Building Legislation Amendment Act 2011 A2011-23 pt 9

      notified LR 6 July 2011
      pt 1 commenced 6 July 2011 (s 2 (1))
      pt 9 commenced 7 July 2011 (s 2 (5))

      Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.51

      notified LR 28 November 2011
      s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
      sch 3 pt 3.51 commenced 12 December 2011 (s 2)

      Public Unleased Land Act 2013 A2013-3 sch 2 pt 2.9

      notified LR 21 February 2013
      s 1, s 2 commenced 21 February 2013 (LA s 75 (1))
      sch 2 pt 2.9 commenced 1 July 2013 (s 2 and CN2013-9)

      Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.38

      notified LR 10 August 2022
      s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
      sch 3 pt 3.38 commenced 24 August 2022 (s 2)

      Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1 pt 1.9

      notified LR 11 December 2023
      s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
      sch 1 pt 1.9 commenced 1 January 2024 (s 2 and see Urban Forest Act 2023 A2023-14, s 2)

      Planning and Environment Legislation Amendment Act 2024 A2024‑21 pt 7, sch 1 pt 1.3

      notified LR 24 May 2024
      s 1, s 2 commenced 24 May 2024 (LA s 75 (1))
      pt 7, sch 1 pt 1.3 commenced 31 May 2024 (s 2 (1))

    2. Amendment history

      Commencement

      s 2om LA s 89 (4)

      Dictionary

      s 3am A2008‑36 amdt 1.616

      Registration

      div 2.1 hdg note     om A2022‑14 amdt 3.210

      Application for registration

      s 6am A2010‑6 s 16

      sub A2024-21 s 22

      Eligibility for registration

      s 7am A2010‑6 s 16; A2022‑14 amdt 3.211

      sub A2024-21 s 22

      Application for registration renewal

      s 7Ains A2024-21 s 22

      Eligibility for registration renewal

      s 7Bins A2024-21 s 22

      Surveyor-general may request information

      s 7Cins A2024-21 s 22

      Decision on application for registration or renewal

      s 8am A2010‑6 s 16

      sub A2024-21 s 22

      Registration condition

      s 9am A2010‑6 ss 4-6, s 16

      Registration term

      s 10am A2008‑36 amdt 1.617; A2010‑6 s 16; A2022‑14 amdt 3.211

      sub A2024-21 s 23

      Keeping surveyors register

      s 11am A2010‑6 s 16

      Details to be entered in surveyors register

      s 12am A2024-21 s 24

      Changes to surveyors register

      s 14am A2010‑6 s 16

      Surveyors to notify change of address

      s 15am A2010‑6 s 16

      Continuing registration

      div 3.1 hdgom A2024-21 s 25

      Meaning of continuation notice—div 3.1

      s 16om A2024-21 s 25

      Continuation notice fee

      s 17om A2024-21 s 25

      Continuation notice reminders

      s 18am A2010‑6 s 7, s 8, s 16

      om A2024-21 s 25

      Annual continuation notice for registration

      s 19am A2010‑6 s 9, s 16

      om A2024-21 s 25

      No continuation notice before 1 November

      s 20sub A2010‑6 s 10

      am A2010‑6 s 16

      om A2024-21 s 25

      Lifting s 20 suspension

      s 21am A2010‑6 s 11, s 16

      om A2024-21 s 25

      Cancellation after s 20 suspension

      s 22am A2010‑6 s 16

      om A2024-21 s 25

      Cancellation of registration for incapacity

      s 23am A2010‑6 s 16

      Notice of intention to cancel registration for incapacity

      s 24am A2010‑6 s 16

      Occupational discipline—surveyors

      div 3.3 hdgsub A2008‑36 amdt 1.618

      Meaning of surveyor––div 3.3

      s 25sub A2008‑36 amdt 1.618

      def disciplinary notice om A2008‑36 amdt 1.618

      def inquiry om A2008‑36 amdt 1.618

      def surveyor sub A2008‑36 amdt 1.618

      Grounds for occupational discipline

      s 26sub A2008‑36 amdt 1.618

      am A2010‑6 s 12, s 13, s 16

      Surveyor-general may apply to ACAT for occupational discipline

      s 27 hdgam A2010‑6 s 16

      s 27sub A2008‑36 amdt 1.618; A2010‑6 s 16

      Giving local registering authorities information about cancelling or suspending registration

      s 28sub A2008‑36 amdt 1.618; A2010‑6 s 16

      Suspension during inquiry

      s 29om A2008‑36 amdt 1.618

      End of suspension for inquiry

      s 30om A2008‑36 amdt 1.618

      Inquiry to be held

      s 31om A2008‑36 amdt 1.618

      Inquiry procedure

      s 32om A2008‑36 amdt 1.618

      Evidence at inquiry

      s 33om A2008‑36 amdt 1.618

      Legal representation at inquiry

      s 34om A2008‑36 amdt 1.618

      Chief surveyor may require appearance, information and documents

      s 35om A2008‑36 amdt 1.618

      Failing to attend and failing to produce document or thing

      s 36om A2008‑36 amdt 1.618

      Confidentiality and client communications

      s 37om A2008‑36 amdt 1.618

      Witness expenses

      s 38om A2008‑36 amdt 1.618

      Disciplinary action

      s 39om A2008‑36 amdt 1.618

      Giving local registering authorities information about some disciplinary action

      s 40om A2008‑36 amdt 1.618

      Voluntary cancellation of registration

      s 41am A2010‑6 s 16

      Inquiries about registered addresses

      s 42am A2010‑6 s 16

      Return of registration certificate on cancellation and suspension

      s 43am A2010‑6 s 16

      Power of entry generally

      s 45am A2023-52 amdt 1.64; A2024-21 s 26, s 27; ss renum R11 LA

      Damage by surveyors and assistants—compensation

      s 48am A2011‑52 amdt 3.190

      Only surveyors to carry out surveys

      s 49sub A2011‑23 s 40

      Destruction of, and damage to, survey marks

      s 53am A2010‑6 s 16

      Surveyors to give evidence of field procedures to surveyor-general

      s 54 hdgam A2010‑6 s 16

      s 54am A2010‑6 s 16

      Surveyor-general practice directions

      div 4.4 hdgam A2010‑6 s 16

      Surveyor-general practice directions

      s 55 hdgam A2010‑6 s 16

      s 55am A2010‑6 s 16; A2024-21 s 28; ss renum R11 LA

      Exemptions from practice directions

      s 56am A2010‑6 s 16

      Surveyor-general

      pt 5 hdgam A2010‑6 s 16

      Appointment of surveyor-general

      s 59 hdgam A2010‑6 s 16

      s 59am A2010‑6 s 16; A2011‑22 amdt 1.411

      Functions of surveyor-general

      s 60 hdgam A2010‑6 s 16

      s 60am A2010‑6 s 16

      Delegation by surveyor-general

      s 61 hdgam A2010‑6 s 16

      s 61am A2010‑6 s 16

      Advisory committee functions

      s 63am A2010‑6 s 16

      Advisory committee membership

      s 64am A2010‑6 s 16

      Minister to appoint advisory committee members

      s 65am A2010‑6 s 16

      Disclosure of interests by advisory committee members

      s 67am A2010‑6 s 16

      Advisory committee––chair

      s 68am A2010‑6 s 16

      Advisory committee—general procedure

      s 69am A2010‑6 s 16

      Ending appointment of advisory committee members

      s 74am A2010‑6 s 16

      Notification and review of decisions

      pt 7 hdgsub A2008‑36 amdt 1.619

      Meaning of reviewable decision—pt 7

      s 75sub A2008‑36 amdt 1.619

      Reviewable decision notices

      s 76sub A2008‑36 amdt 1.619

      Applications for review

      s 77sub A2008‑36 amdt 1.619

      Evidentiary certificates

      s 78am A2010‑6 s 16

      Approved forms

      s 81am A2010‑6 s 16

      Legislation amended—sch 1

      s 83om LA s 89 (3)

      Transitional

      pt 9 hdgexp 14 November 2008 (s 95)

      Definitions—pt 9

      s 84exp 14 November 2008 (s 95)

      def commencement day exp 14 November 2008 (s 95)

      def repealed Act exp 14 November 2008 (s 95)

      Legislation repealed

      s 85om LA s 89 (3)

      Survey practice directions

      s 86exp 14 November 2008 (s 95)

      Surveyors registered under repealed Act

      s 87exp 14 November 2008 (s 95)

      Suspended registration

      s 88exp 14 November 2008 (s 95)

      Action under repealed Act etc

      s 89exp 14 November 2008 (s 95)

      Inquiry under repealed Act

      s 90exp 14 November 2008 (s 95)

      Grounds for disciplinary action—s 26

      s 91exp 14 November 2008 (s 95)

      Evidentiary certificates––repealed Act

      s 92exp 14 November 2008 (s 95)

      Redistribution committee—Electoral Act 1992

      s 93exp 14 November 2008 (s 95)

      Transitional regulations

      s 94exp 14 November 2008 (s 95)

      Expiry—pt 9

      s 95exp 14 November 2008 (s 95)

      Reviewable decisions

      sch 1om LA s 89 (3)

      ins A2008‑36 amdt 1.622

      am A2024-21 s 29; items renum R11 LA

      Dictionary

      dictam A2008‑36 amdt 1.623, amdt 1.624; A2011‑22 amdt 1.412

      def chief surveyor om A2010‑6 s 14

      def continuation notice om A2024-21 s 30

      def disciplinary action om A2008‑36 amdt 1.625

      def disciplinary notice om A2008‑36 amdt 1.625

      def ground for disciplinary action om A2008‑36 amdt 1.626

      def ground for occupational discipline ins A2008‑36 amdt 1.626

      def inquiry om A2008‑36 amdt 1.627

      def public road ins A2013‑3 amdt 2.30

      def public unleased land ins A2013‑3 amdt 2.30

      def registered business address sub A2024-21 amdt 1.4

      def registration certificate sub A2024-21 s 31

      def registration number sub A2024-21 s 31

      def reviewable decision sub A2008‑36 amdt 1.628

      def survey am A2013‑3 amdt 2.31

      def surveyor am A2008‑36 amdt 1.629

      def surveyor-general ins A2010‑6 s 15

    1. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No and date Effective Last amendment made by Republication for
    R1
    14 Nov 2007     		14 Nov 2007–
    14 Nov 2008     		not amended new Act
    R2
    15 Nov 2008     		15 Nov 2008‑
    1 Feb 2009     		A2008‑36 commenced expiry
    R3
    2 Feb 2009     		2 Feb 2009‑
    2 Mar 2010     		A2008‑36 amendments by A2008‑36
    R4
    3 Mar 2010     		3 Mar 2010–
    30 June 2011     		A2010‑6 amendments by A2010‑6
    R5
    1 July 2011     		1 July 2011–
    6 July 2011     		A2011‑22 amendments by A2011‑22
    R6
    7 July 2011     		7 July 2011–
    11 Dec 2011     		A2011‑23 amendments by A2011‑23
    R7
    12 Dec 2011     		12 Dec 2011–
    30 June 2013     		A2011‑52 amendments by A2011‑52
    R8
    1 July 2013     		1 July 2013–
    23 Aug 2022     		A2013‑3 amendments by A2013‑3
    R9
    24 Aug 2022     		24 Aug 2022–
    31 Dec 2023     		A2022‑14 amendments by A2022‑14
    R10
    1 Jan 2024     		1 Jan 2024–
    30 May 2024     		A2023‑52 amendments by A2023‑52
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