Lands Acquisition Regulations (Amendment)

Overview

The Lands Acquisition Regulations 1914, introduced as a statutory rule under the Lands Acquisition Act 1906, aim to address issues surrounding the identification and protection of official survey marks and landmarks used for government surveys. Enacted by the Federal Executive Council and certified by the Governor-General, these regulations were issued due to the urgency of establishing clear guidelines for surveyors and protecting official survey marks from unauthorized use and defacement. The policy objective behind these regulations is to ensure the integrity and accuracy of government surveys while allowing for necessary land improvements without penalising landowners. This legislative instrument provides specific regulations for the distinctive mark surveyors must use in official government surveys, prohibits the use of this mark in private surveys, and imposes penalties for the obliteration or removal of official survey marks and landmarks.

Scope and Application

The Lands Acquisition Regulations 1914 apply to surveyors and other authorised personnel involved in official surveys conducted under the Lands Acquisition Act 1906. This Act pertains to the compulsory acquisition of land by the Commonwealth Government, and the regulations govern the conduct of surveyors in the execution of their duties. The regulations specify the distinctive mark to be used by surveyors during official surveys, which is a broad arrow with a horizontal line beneath it, and prohibit the use of this mark by private surveyors or unauthorised persons. The Regulations also protect Commonwealth survey marks, landmarks, and beacons from wilful obliteration, removal, or defacement, imposing a penalty for such actions. Notably, the Regulations exempt land owners or occupiers from penalty if they remove trees bearing Commonwealth survey marks for legitimate land improvement purposes. The scope of these Regulations is confined to the Commonwealth of Australia, reflecting the national jurisdiction of the Lands Acquisition Act 1906. These Regulations provide further detail and enforcement mechanisms for the primary Act, extending its application through subordinate legislation.

Key Provisions

The primary operative sections of these Regulations (C1914L00082) establish the distinctive mark to be used by surveyors during official surveys conducted under the Lands Acquisition Act 1906. According to Regulation 2, this distinguishing mark should be a broad arrow with a horizontal line beneath it. Regulation 3 prohibits the use of this mark by surveyors conducting private surveys or by any unauthorised individuals, with a penalty of ten pounds for non-compliance. Furthermore, Regulation 4 prohibits the wilful obliteration, removal, or defacement of any Commonwealth survey mark or landmarks/beacons erected for survey purposes by or under the direction of the Commonwealth Government, also with a penalty of ten pounds. These Regulations impose several obligations on the relevant parties. Surveyors conducting official surveys under the Lands Acquisition Act 1906 must use the specified distinguishing mark, as stated in Regulation 2. They must also refrain from using this mark for any private surveys or other unauthorised purposes, as per Regulation 3. Additionally, all individuals are required to respect and maintain Commonwealth survey marks and landmarks/beacons, ensuring they are not wilfully obliterated, removed, or defaced, as per Regulation 4. For breaches of these Regulations, the penalties are clearly outlined. Regulation 3 and Regulation 4 both stipulate a penalty of ten pounds for non-compliance. This includes unauthorised use of the distinguishing mark by surveyors conducting private surveys or by any unauthorised individuals, as well as the wilful obliteration, removal, or defacement of any Commonwealth survey marks or landmarks/beacons. Notably, Regulation 5 ensures that the owner or occupier of any land is not liable for a penalty if trees bearing a Commonwealth survey mark must be removed for purposes such as fencing, clearing, or land improvement.