Official Survey Act 1978 (NI)

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Legislation au C2015Q00195 In force Continued Law

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NORFOLK  ISLAND

 

Official Survey Act 1978

No. 10, 1978

Compilation No. 1

Compilation date:    18 June 2015

Includes amendments up to: Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)

Prepared Date:   2 September 2015

 

 

 

 

 

 

 

 

 

 

 

NORFOLK  ISLAND

 

 

OFFICIAL SURVEY ACT 1978

 

TABLE OF PROVISIONS

 

 1. Short title

 2. Interpretation

 3. Surveyor-General

 4. Official Survey

 5. Material to which regard to be had for the purpose of preparation, redrawing or variation of Official Survey

 6. Details to be included on Official Survey

 7. Names of roads

 8. Effect and use of Official Survey

 9. Gazette notification

 10. Inspection

 10A. Survey standards

 11. Regulations

 

NORFOLK  ISLAND

 

Official Survey Act 1978

__________________________________________________________________

 

An Act to make provision for an Official Survey showing the division of land on Norfolk Island.

 

Short title

 1. This Act may be cited as the Official Survey Act 1978.

Interpretation

 2. In this Act, unless the contrary intention appears —

“Official Survey” means the Official Survey in existence from time to time under section 4;

“Registrar of Titles” means the Registrar of Titles under the Land Titles Act 1996;

“Surveyor-General” means the person appointed under section 3.

Surveyor-General

 3. (1) There shall be a Surveyor-General for Norfolk Island.

  (2) The Administrator shall appoint a person to be the Surveyor-General.

  (3) The Surveyor-General may by instrument in writing, delegate all or any of his or her  powers and functions under this Act.

  (4) A delegate shall, upon request by a person affected by the exercise of any powers delegated to him or her, produce the instrument of delegation or a copy of the instrument for inspection by the person.

 Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979.

Official Survey

 4. (1) The Official Plan in existence immediately before the commencement of this subsection continues in existence, subject to this Act, under the name of the Official Survey.

  (2) The Surveyor-General may from time to time redraw the Official Survey in whole or in part.

  (3) Where the Surveyor-General redraws the Official Survey under subsection 4(2), he shall certify the Official Survey as so redrawn.

  (4) The Surveyor-General may vary the Official Survey —

(a) in consequence of —

(i) any survey approved by the Surveyor-General;

(ii) the registration of a subdivision proposal under section 49 of the Land Titles Act 1996;

(iiA) the dedication of land as a public road, or the closure of a public road, under the Roads Act 1996;

 

(iii) a direction of a court, or operation of a law, affecting a boundary or a right, title or interest in land; or

(iv) a change of name of a road, creek or other physical feature; or

(b) to include in the Official Survey the name of a road, creek or other physical feature.

  (5) Where the Surveyor-General varies the Official Survey under subsection 4(4), he shall certify that variation on the Official Survey.

  (6) The Official Survey shall be held at the office of the Registrar of Titles.

  (7) The Surveyor-General shall keep at all times a duplicate of the Official Survey, certified in the same way as the Official Survey.

Material to which regard to be had for the purpose of preparation, redrawing or variation of Official Survey

 5. For the purpose of the preparation, redrawing or variation of the Official Survey, the Surveyor-General shall have regard to such survey information, charts, plans, conveyances, titles and other material as he considers necessary, including information obtained in any survey specially conducted for the purpose of the preparation, redrawing or variation of the Official Survey.

Details to be included on Official Survey

 6. (1) Subject to subsection 6(2), the Official Survey shall show —

(a) the roads in the Territory and the width of each such road;

(b) the land in the Territory divided into numbered sections;

(c) each section divided into numbered lots corresponding to parcels of land ascertained by the Surveyor-General to exist within that section;

(d) the boundaries of each section;

(e) the area, and the bearings and length of boundaries, of each of the lots within each section;

(f) all easements known to the Surveyor-General; and

(g) the portion number of each parcel of land as shown immediately before the commencement of this Act in the index of dealings with, and disposition of, land required by section 8 of the Conveyancing Act 1913 to be kept in the form of Schedule II to that Act.

  (2) Where the nature of a boundary or part of a boundary makes it impracticable to show the bearings and length of that boundary or part of a boundary on the Official Survey, the Official Survey shall show, instead of the bearings and length, a sufficient general description of that boundary or that part of a boundary.

Names of roads

 7. Where a road required by section 6 to be shown on the Official Survey —

(a) has more than one name; or

(b) is unnamed,

the road shall be referred to on the Official Survey by a name determined by the Administrator.

Effect and use of Official Plan

8. The Official Survey —

(a) shall not affect any right, title or interest in land; and

(b) is admissible in evidence in any proceeding relating to any right, title or interest in land only for the purpose of identifying or otherwise showing the location of the land in question in relation to other land.

Gazette notification

 9. Where the Official Survey has been prepared, redrawn or varied under section 4, the Surveyor-General shall cause a notification to be published in the Gazette that the Official Survey has been so prepared, redrawn or varied.

Inspection

 10. The Gazette notification under section 9 shall include a statement that the Official Survey may be inspected at the office of the Registrar of Titles during the business hours of that office.

Survey standards

 10A. (1) The Surveyor-General may, in writing, determine standards in relation to —

(a) the conduct of surveys; and

(b) the drawing of survey plans.

  (2) The Surveyor-General shall —

(a) publish notice in the Gazette of a determination; and

(b) ensure that the standards in force from time to time are available for public inspection free of charge at the office of the Registrar of Titles.

Regulations

 11. The Commonwealth Minister may make Regulations not inconsistent with this Act prescribing all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 

NOTES

The Official Survey Act 1978 as shown in this consolidation comprises Act No. 10 of 1978 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Official Survey Act 1978

10, 1978

28.12.78

 

 

 

 

 

Citation of Laws Act 1995

14, 1995

1.1.96

 

 

 

 

 

Official Survey Amendment Act 1996

26, 1996

23.6.96

 

 

 

 

 

[previously consolidated as at 1 September 1997]

 

 

 

 

Official Survey Amendment Act 1997

[NB – this Act also amended Act No. 26 of 1997 by repealing section 11 of that Act]

 

19, 1997

4.12.97

 

[previously consolidated as at 1 December 2003]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

 

 

 

Official Survey (Amendment) Act 2011

7, 2013

22.2.13

 

 

 

 

 

[Previously consolidated as at 23 February 2013]

 

 

 

Ordinance

FRLI registration

Commencement

Application, saving and transitional provision

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)

17 June 2015 (F2015L00835)

Sch 1 (items 210, 344, 345): 18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345)

 


Table of Amendments

 

ad = added or inserted

am = amended

rep = repealed

rs = repealed and substituted

Provisions affected How affected

1

rs

26, 1996

2

rs

26, 1996

3

rs

26, 1996

 

am

19, 1997;  7, 2013; Ord No 2, 2015

4

am

26, 1996

5

am

26, 1996

6

am

14, 1995; 26, 1996

7

am

26, 1996

8

am

26, 1996

9

am

26, 1996

10

am

26, 1996

10A

ad

19, 1997

11

am

14, 1995

 

 

 

 

Overview

The Official Survey Act 1978 was enacted to establish a framework for the creation, maintenance, and use of an Official Survey for Norfolk Island. This legislation was introduced to address the need for a comprehensive and authoritative land division plan on the island. The Act was passed by the Norfolk Island Legislative Assembly and aims to provide clarity and consistency in the depiction of land boundaries and related features. The Act empowers the Surveyor-General to oversee the preparation, redrawing, and variation of the Official Survey, ensuring it remains accurate and up-to-date. The Official Survey is intended to be a reliable reference for identifying land locations and does not affect existing land rights or titles. The Act stipulates the details to be included in the Official Survey, such as roads, land sections, lot divisions, boundaries, easements, and portion numbers. It also allows the Surveyor-General to determine survey standards and mandates the publication of any changes to the Official Survey in the Gazette, enabling public inspection. This legislative framework ensures that Norfolk Island's land division information is systematically managed and accessible, supporting various land-related processes and legal proceedings.

Scope and Application

The Norfolk Island Official Survey Act 1978 applies to the island of Norfolk, establishing a framework for the creation, maintenance, and regulation of an Official Survey which maps the division of land on the island. The Act provides for the appointment of a Surveyor-General, who is responsible for the preparation, redrawing, and variation of the Official Survey based on various surveys, registrations, court directions, and other relevant factors. The Official Survey is held at the office of the Registrar of Titles, and the Surveyor-General is mandated to publish standards relating to survey conduct and plan drawing, which must be made available for public inspection. The Act also allows the Commonwealth Minister to make regulations consistent with the Act to further its purposes. The Official Survey is not intended to affect any rights, titles, or interests in land but is admissible in evidence to show the location of land in relation to other land. The Act applies to all land on Norfolk Island and is enforced through the publication of the Official Survey in the Gazette and the ability to inspect the Survey at the Registrar of Titles' office.

Key Provisions

The Official Survey Act 1978 (Norfolk Island) (the "Act") sets out provisions for an Official Survey showing the division of land on Norfolk Island. Section 3 establishes the position of the Surveyor-General and the power to delegate functions. Section 4 details the Official Survey, its preparation, redrawing, and variation. Section 5 outlines the material that the Surveyor-General must consider for the preparation, redrawing, or variation of the Official Survey. Section 6 lists the details that must be included on the Official Survey, such as roads, land divisions, boundaries, easements, and parcel information. Section 7 addresses the naming of roads on the Official Survey. Section 8 specifies the effect and use of the Official Survey, stating that it does not affect any rights, titles, or interests in land but can be used as evidence in proceedings. Section 9 requires the Surveyor-General to publish a notification in the Gazette when the Official Survey has been prepared, redrawn, or varied. Section 10A allows the Surveyor-General to determine standards for the conduct of surveys and the drawing of survey plans, which must be made available for public inspection. The Act imposes several obligations on the parties and entities it governs. The Surveyor-General is responsible for the preparation, redrawing, and variation of the Official Survey (Section 4). They must consider relevant survey information, charts, plans, conveyances, titles, and other material (Section 5). The Surveyor-General must ensure that the Official Survey includes specific details such as roads, land divisions, boundaries, easements, and parcel information (Section 6). They are also required to publish a notification in the Gazette when the Official Survey has been prepared, redrawn, or varied (Section 9) and to make survey standards publicly available (Section 10A). Breaches of the Act may lead to civil or criminal consequences. While the Act does not explicitly outline offences, penalties, or specific consequences for breaches, it is likely that any non-compliance with the Act's provisions could result in legal action, fines, or other penalties as determined by the relevant courts or authorities. The Act does not specify maximum penalties for breaches, and such penalties would likely be determined by the applicable laws and regulations of Norfolk Island.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.