Surveyors Act 2007

This Act is the Surveyors Act 2007.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘advisory committee member––see section 64.’ means that the term ‘advisory committee member’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Registration of surveyors

Division 2.1 Registration

A person may apply to the surveyor-general for registration as a surveyor.

A person is eligible to be registered as a surveyor if—

the person—

has previously been registered as a surveyor in the ACT; or

is or has previously been registered as a surveyor in a State; or

Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

has obtained a certificate of competency as a land surveyor from the board of surveying and spatial information; and

the surveyor-general is satisfied that the person has a working knowledge of current surveying practices and any practice directions; and

if the person has previously been registered as a surveyor in the ACT or is or has previously been registered as a surveyor in a State—

the registration was not involuntarily cancelled; or

if the registration was involuntarily cancelled—the surveyor-general is satisfied that it is appropriate to register the person, taking into account—

the reason for the person’s registration being involuntary cancelled; and

anything relevant done by the person since their registration was involuntarily cancelled.

Example—par (ii)

The person’s registration was cancelled because they carried out a survey that was inaccurate because they lacked knowledge of current surveying practices. Since the cancellation, the person has acquired sufficient knowledge of current surveying practices.

For subsection (1) (c), a person’s registration as a surveyor is involuntarily cancelled if the registration is cancelled for any reason other than because the person requested the cancellation.

In this section:

board of surveying and spatial information means the board of surveying and spatial information established under the Surveying and Spatial Information Act 2002 (NSW), section 27.

A surveyor may apply to the surveyor-general for renewal of their registration.

If a surveyor applies for renewal before their registration ends, the registration continues in force until the day the application is decided.

A surveyor is eligible to have their registration renewed if the surveyor-general is satisfied that the surveyor—

continues to be eligible for registration; and

meets any other eligibility requirements prescribed by regulation.

The surveyor-general may, in writing, require an applicant under section 6 or section 7A to give the surveyor-general information that the surveyor-general reasonably needs to decide the application.

If the applicant does not comply with a requirement under subsection (1), the surveyor-general may refuse to consider the application further.

If a person applies for registration, the surveyor-general must—

if the person is eligible for registration—

register the person; and

give the person a unique identifying number (a registration number); or

if the person is not eligible for registration—refuse to register the person.

If a surveyor applies for renewal of their registration, the surveyor‑general must—

if the surveyor is eligible for registration renewal—renew the surveyor’s registration; or

if the surveyor is not eligible for registration renewal—refuse to renew the surveyor’s registration.

If the surveyor-general registers a person, the surveyor-general must give the person a certificate (a registration certificate) that includes the following information:

the person’s name;

the person’s registration number;

the date the person’s registration begins.

If the surveyor-general refuses an application for registration or renewal of registration, the surveyor-general must give the applicant written notice of the decision.

The surveyor-general is taken to have refused an application for registration or renewal of registration if the surveyor-general does not decide the application within 45 days after the day the surveyor‑general—

received the application; or

received the information requested under section 7C.

It is a condition of a surveyor’s registration that the surveyor undertakes continuing professional development in accordance with any directions under subsection (2).

The surveyor-general may give directions about continuing professional development for surveyors.

However, the surveyor-general must consult the advisory committee about a proposed direction before making the direction.

A direction is a notifiable instrument.

A surveyor’s registration—

begins on the day stated in the registration certificate; and

ends on 30 June after the registration begins.

Note A surveyor’s registration may be cancelled before it ends (see s 23, s 27 and s 41).

A surveyor’s renewal of registration—

begins on the earlier of the following:

if the surveyor-general decides the application for renewal before the day the surveyor’s registration ends—1 July after the surveyor-general decides the application for renewal;

in any other case—the day the surveyor-general decides the application for renewal; and

ends on 30 June after the renewal begins.

Note If a surveyor applies for renewal before their registration ends, the registration continues in force until the day the application is decided (see s 7A (2)).

Division 2.2 Surveyors register