Overview

The Norfolk Island Surveys Act 1937 was enacted to provide a framework for the regulation of surveys on Norfolk Island. The Act was introduced to address the need for authorised and competent individuals to conduct surveys in relation to land transactions, property titles, and public works. The Norfolk Island Legislative Assembly enacted this legislation to establish the necessary procedures and powers for authorised surveyors. The policy objective of the Act is to ensure that surveys on Norfolk Island are carried out by qualified individuals, while also protecting the rights of land owners, lessees, and occupiers. Authorised surveyors are granted certain powers to enter land, remove soil, and place marks as necessary for the completion of surveys, provided they give 48 hours' notice to the relevant parties. The Act also outlines penalties for obstructing surveyors and for the wilful obliteration, removal, or defacement of survey marks. The Surveys Act 1937 has been subject to amendments over the years, with the most recent update being the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019. This consolidation includes the original Act, as well as various amendments made to it over time. The current version of the Act reflects the ongoing commitment of the Norfolk Island Legislative Assembly to ensuring that the surveying process on the island remains effective and efficient.

Scope and Application

The Norfolk Island Surveys Act 1937 applies to any person authorised by the Administrator to conduct surveys on the island. This includes surveys required or authorised under Norfolk Island law related to the alienation, leasing, or occupation of Crown lands, as well as surveys conducted by proprietors, lessees, or mortgagees of land under relevant laws. The Act also pertains to surveys conducted for public works as prescribed purposes. Authorised surveyors, who are individuals authorised by the Administrator to carry out these surveys, are granted specific powers under the Act, such as entering land, removing soil, and placing marks on land, provided they give 48 hours’ notice to the land’s proprietor, lessee, or occupier. The Act delineates offences, including the wilful obliteration, removal, or defacing of survey marks and landmarks by any person, with penalties specified in penalty units or imprisonment. The Administrator has the authority to make regulations that are not inconsistent with the Act, covering matters required or permitted by the Act or necessary for its effective implementation. This legislation encompasses all activities and individuals related to authorised surveys on Norfolk Island.

Key Provisions

The Surveys Act 1937 (Norfolk Island) (sections 4 to 7) outlines the process and permissions for authorised surveys on Norfolk Island. Section 4 permits the Administrator to authorise any competent individual to conduct surveys, provided an approved fee is paid, and the authority can be revoked at any time. Section 5 grants authorised surveyors the right to enter land, buildings, or premises to conduct surveys, place marks, and remove soil, with a requirement to notify the relevant landholder 48 hours in advance. Section 6 prohibits wilful damage to survey marks or landmarks, with penalties for violations. The Act imposes several obligations on the parties it governs. Surveyors must provide 48-hour notice to the landholder before entering the property to conduct surveys (Section 5(2)). They are not liable for damage if the damage is necessary for the survey (Section 5(3)). Landholders or occupiers must not obstruct surveyors in the exercise of their powers (Section 5(4)), and any individual found to have wilfully damaged survey marks or landmarks can face penalties (Section 6). The Act also establishes penalties for breaches. Obstructing an authorised surveyor can result in a penalty of 2 penalty units (Section 5(4)). Wilfully obliterating, removing, or defacing any survey marks or land marks can result in a penalty of 10 penalty units, imprisonment for six months, or both (Section 6). These penalties are designed to enforce compliance with the Act's provisions and protect the integrity of survey activities.