Boundaries and Survey Maps Act 1998 · 2020 Revised Edition · Part 2 · Survey
10. Replacement or repair of boundary mark or survey control mark
Feedback & supportEvery owner of any land must preserve the boundary marks erected on the boundaries of the land.
owner
“owner”, in relation to any parcel of land, means the person for the time being receiving the rent of the land, whether on the person’s own account or as agent or trustee or who would receive the rent if the land were let to a tenant;
Where the Chief Surveyor becomes aware that any boundary mark or survey control mark erected on any land has been injured, destroyed or removed, or requires repairs, the Chief Surveyor may —
Chief Surveyor
“Chief Surveyor” means the Chief Surveyor appointed under section 3(1), and includes an acting Chief Surveyor appointed under section 3(2);
cause the mark to be replaced or repaired; and
recover the costs of the replacement or repair from the owners of the lands for which the boundary marks and survey control marks are to serve as boundaries as a debt due to the Authority, in any proportion that appears to the Chief Surveyor to be proper.
The costs of replacing or repairing boundary marks or survey control marks where the marks are to serve as boundaries of 2 or more parcels of land, including the costs of carrying out a cadastral survey if the survey has been made by the order of the Chief Surveyor, must be borne by the owners of the lands for which the marks are to serve as boundaries in any proportion that appears to the Chief Surveyor to be proper.
land
“land” includes —(a)a parcel of land which is in the actual possession of the owner or other person holding by, through or under the owner;(b)land covered by water;(c)a building or a structure erected on land;(d)any parcel of airspace or any subterranean space, whether or not held apart from the surface of the earth; and(e)any estate or interest in land;