Boundaries and Survey Maps Act 1998 · 2020 Revised Edition · Part 3 · Conduct of Cadastral Surveys
15. Approval of cadastral surveys and assurance plans
Feedback & supportNo cadastral survey or survey plan thereof may be accepted or adopted for the purpose of any written law unless it has been approved by the Chief Surveyor.
cadastral survey
“cadastral survey” means any survey relating to the recording of land boundaries, subdivision lines, buildings and related details;
No assurance plan may be lodged in the Registry of Deeds or the Land Titles Registry of the Authority (as the case may be) unless the assurance plan —
assurance plan
“assurance plan” means any plan showing approximate boundaries or dimensions and areas for the purpose of identifying land which has not been surveyed to the Chief Surveyor’s satisfaction but is required to be surveyed under the provisions of any written law;
is signed by a registered surveyor and approved by the Chief Surveyor; and
bears a caution to the effect that the boundaries or dimensions and areas are inconclusive.
The Chief Surveyor may refuse to approve any survey plan or assurance plan under this section if —
Chief Surveyor
“Chief Surveyor” means the Chief Surveyor appointed under section 3(1), and includes an acting Chief Surveyor appointed under section 3(2);
the subdivision permission as required by section 12 of the Planning Act 1998 has not been obtained;
the prescribed survey fees have not been paid; or
an encroachment has been created by the purchaser or owner of a parcel of land being surveyed for any relevant purpose, which affects any parcel of land adjoining that parcel of land, and the registered surveyor who signs the plan has not certified that the encroachment has been resolved.
Where the subdivision of land has been authorised by a notification made by the Minister under section 21(6) of the Planning Act 1998, the Chief Surveyor is not, when the Chief Surveyor approves any survey plan under this section, obliged to enquire whether any condition set out in the notification or imposed by the competent authority under that Act has been satisfied or complied with.
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;
Despite that a survey plan has been approved by the Chief Surveyor, it is the duty of the registered surveyor who signed the survey plan to ensure that the survey plan and all information and matters set out in the survey plan are correct and accurate.
In subsection (3)(c), “relevant purpose”, in relation to any survey of a parcel of land, means a survey for the purpose of —
obtaining a new State title for the parcel of land;
amalgamating the parcel of land; or
subdividing the parcel of land.
Any cadastral survey, survey plan or assurance plan approved before 31 March 2005 by the Chief Surveyor or other officer appointed by the Chief Surveyor under section 39 of the Land Surveyors Act 1991 then in force, is deemed to have been approved under this section.[11D