Part 5 - Conduct of cadastral surveys

Question 1

47. General duties in relation to a cadastral surveys (5)

Answer 1

• must be conducted by a cadastral surveyor or person acting under the direction of a licensed surveyor
• in conducting a cadastral survey, a person must comply with this part and any regulations/standards/rules made under it
• a cadastral surveyor is responsible for a cadastral survey conducted by a person acting under their direction
• if the surveyor general considers in a particular case that compliance with the requirements of any standards or rules is impractical or unrealistic, the surveyor general may grant an exemption from the requirements or specify alternative requirements

Question 2

48. Regulations

The governor general may, by order in council, make regulations prescribing… (5)

Answer 2

• the matters in respect of which fees/charges are payable
• the amounts of those fees/charges, or the method/rates by which they are to be assessed
• the persons payable for those fees/charges
• the circumstances in which the payment of the fees/charges may be remitted or waived
• the manner in which the fees/charges are to be paid

Question 3

49. Surveyor general may make rules about the conduct of cadastral surveying

The surveyor general may make rules specifying… (2)

Answer 3

• standards for the conduct of cadastral surveys

- standards for cadastral survey datasets

Question 4

49. Surveyor general may make rules about the conduct of cadastral surveying

Before making any rules under this section, the surveyor general must consult…(3)

Answer 4

• the CSLB in relations to rules that have have implications for the standards set by the board
• the body/bodies representing cadastral surveyors
• if the standards will effect a tenure system, the agency or officer responsible for the tenure system

Question 5

49. Surveyor general may make rules about the conduct of cadastral surveying

Before making rules under this section, the surveyor general must have regard to the following matters…(5)

Answer 5

• the extent to while the proposed standards will promote the purpose of any tenure system
• the cost/benefit of consistency in standards relating to more than 1 tenure system
• the costs/benefits of maintaining the accuracy of the cadastre
• the costs involved in cadastral surveys and cadastral survey datasets complying with the proposed standards
• maintaining public confidence in the cadastre

Question 6

52. Correction of errors in survey

What may the survey general request if an error is found in a cadastral survey?

Answer 6

• the surveyor general may, in writing, request the cadastral surveyor responsible for the error to undertake, or arrange to be undertaken, the work necessary to correct the error within a time that the surveyor general considers reasonable

Question 7

53. Powers of entry for cadastral survey purposes

Subsection 1 - A cadastral surveyor may, for the purpose of conducting a cadastral survey or the installation of a survey mark…(2)

Subsection 2 - What must the surveyor do before exercising these powers for any land that is not road? (1)

Answer 7

• enter and re-enter land at reasonable times, with or without any assistants, aircraft, boats, vehicles, and equipment that are reasonably necessary for the conduct of the cadastral survey or to install the survey mark
• on any land, do all things necessary or required of him/her for the proper conduct of the cadastral survey or installation of the survey mark
• the person must, if practicable, give reasonable notice to the occupier of the land of the intention to exercise those powers

Question 8

53. Powers of entry for cadastral survey purposes

Subsection 1 (authority to enter land) does not confer the power to…(1)

Answer 8

• enter any dwelling, house, or other building unless the warrant is authorised by a district court judge (must not be given by the district court unless satisfied all reasonable efforts have been made toobtain consent)

Question 9

53. Powers of entry for cadastral survey purposes

Subsection 1 (authority to enter land) - a person exercising any power under this subsection must produce evidence of his/her identity and authority to exercise these powers when?…(2)

Answer 9

• on first entering the land or premises (if practicable)

- whenever subsequently reasonably requested to do so