Surveyors Act 2007

For the purpose of carrying out a survey, a surveyor or someone assisting a surveyor (an assistant) may at any reasonable time, in accordance with this section—

enter land, including land that is not to be surveyed; and

open a door, gate or fence; and

place a survey mark on the ground of land entered; and

make a hole in the ground to uncover or expose a survey mark; and

enter a building; and

trim a tree or bush obstructing a survey.

Note The Urban Forest Act 2023 includes offences for damaging protected trees. However, minor pruning of a regulated tree does not constitute damaging the tree (see Urban Forest Act 2023, s 14 (2)).

A surveyor or assistant may enter land that is not owned by the person for whom the survey is being carried out only if, before entering the land, the surveyor gives the owner of the land reasonable notice, whether oral or written, of the surveyor’s or assistant’s intention to enter the land.

Note For how documents may be given, see the Legislation Act, pt 19.5.

If a surveyor gives an owner notice under subsection (2), the surveyor must—

keep written evidence of the notice, including how the notice was given; and

give a copy of the evidence to the surveyor-general on request.

Examples—written evidence file note, copy of written notice

A surveyor or assistant may enter a building or part of a building that is not occupied by the person for whom the survey is being carried out only—

if the occupier has consented, in writing, to the entry; or

in accordance with an order of the Magistrates Court.

To remove any doubt, an assistant may only exercise a function under this section in relation to land or a building––

if the assistant is with the surveyor; or

if the assistant is not with the surveyor––if the owner or occupier has consented, in writing, to the exercise of the function.

In this section:

occupier, of a building, includes—

a person believed on reasonable grounds to be an occupier of the building; and

a person apparently in charge of the building.

owner, of land, includes the lessee or occupier of the land.