Crown Land Management Act 2016

An applicant who makes a purchase application is liable to pay to the Crown—

if a survey fee has not been paid in respect of the lease to which the application relates—the applicable survey fee, and

if a survey is necessary as a result of the purchase and the survey is carried out by the Crown—the cost of the survey as assessed by the Minister.

The applicable survey fee for subclause (1) (a) is any fee prescribed by the regulations for the Division of the State in which the land is located.

The Minister may permit an applicant to have any necessary survey carried out (at the applicant’s own expense) by a registered land surveyor within the meaning of the Surveying and Spatial Information Act 2002 in accordance with any special requirements of the Minister.

If a survey is to be carried out by the Crown and not as provided by subclause (3), the Minister may require the applicant to pay the estimated cost before the survey is carried out and refuse the application if the estimated cost is not paid.

To avoid doubt, the cost of a survey includes the cost of surveying all or any interests or rights of third parties on the land concerned that the Minister directs (for example, third party access rights, travelling stock rights and other rights that could be protected by the creation of an easement).

The Minister may waive any fees or costs payable under this clause.