Overview

The Norfolk Island Surveys Regulations 1985 were enacted to provide further detail and specific applications under the Surveys Act 1937. These regulations were established by the Administrator of Norfolk Island, acting on the advice of the Executive Council, and they were designed to address the need for precise regulations concerning surveying activities on the island, particularly in the context of public infrastructure projects such as the construction of a reticulated water and sewerage scheme by the Administration. The policy objective of these regulations is to ensure that surveying activities are conducted in a manner that aligns with the overarching framework provided by the Surveys Act 1937, thereby facilitating orderly and lawful development while protecting the rights and interests of stakeholders involved. The regulations came into effect immediately upon notification on 5 December 1985, ensuring that there was a prompt and effective implementation of the necessary surveying protocols.

Scope and Application

The Norfolk Island Surveys Regulations 1985 apply to all activities related to surveys on Norfolk Island and are made under the authority of the Surveys Act 1937. These regulations specify the interpretation of terms and clarify the scope of authorised surveys, particularly highlighting the construction of a reticulated water and sewerage scheme as a prescribed purpose. The application of these regulations is confined to Norfolk Island and is intended to regulate and standardise surveying activities within this jurisdiction. Notably, the regulations extend to ensuring that all survey activities align with the provisions of the Surveys Act 1937, and any deviations or additional specifications are to be understood through the lens of this primary legislation. The commencement of these regulations took effect on the date of their notification, which was 5 December 1985.

Key Provisions

The main operative sections of the Surveys Regulations 1985 include the short title (section 1), the definition of terms used in the regulations (section 2), and the prescribed purpose for authorised surveys (section 3). Section 1 simply states that the regulations can be referred to as the Surveys Regulations 1985. Section 2 clarifies that the term “the Act” refers to the Surveys Act 1937, and that terms used in the regulations have the same interpretation as in the Act, unless specified otherwise. Section 3 specifies that the construction of a reticulated water and sewerage scheme by the Administration is a prescribed purpose for an authorised survey under the Act. The Surveys Regulations 1985 impose obligations and requirements on parties and entities involved in authorised surveys. Under section 2, it is stipulated that the terms and definitions in the regulations and the Act must be adhered to, ensuring clarity and consistency in the interpretation and application of the law. Section 3 imposes the specific requirement that the construction of a reticulated water and sewerage scheme by the Administration is a prescribed purpose for an authorised survey. This means that any surveys conducted for the purpose of building such a scheme must be authorised under the Act and in accordance with these regulations. The Surveys Regulations 1985 also outline potential consequences for breaches of the law. While specific offences, penalties, or civil/criminal consequences are not detailed in the text provided, it is reasonable to infer that breaches of the Act and these regulations could result in legal action. Given the nature of the legislation and its focus on authorised surveys for specific purposes, penalties could include fines, imprisonment, or both, depending on the severity and intent of the breach. The exact penalties would be determined by the courts in the context of each individual case, taking into account the relevant provisions of the Surveys Act 1937 and any other applicable laws.