Surveying and Spatial Information Regulation 2024

This regulation is the Surveying and Spatial Information Regulation 2024.

This regulation commences on 1 March 2025.

Note—

This regulation repeals and replaces the Surveying and Spatial Information Regulation 2017, which would otherwise be repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).

The dictionary in Schedule 9 defines words used in this regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

For the Act, section 3(1), definition of Australian Height Datum (or AHD), the datum surface approximating mean sea level adopted by the National Mapping Council of Australia in May 1971 is prescribed.

For the Act, section 3(1), definition of Geocentric Datum of Australia, the datum surface approximating the shape of the Earth’s surface defined by the reference frame designated under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 of the Commonwealth is prescribed.

Note—

The reference frame designated under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 of the Commonwealth is the Geocentric Datum of Australia 2020 (GDA2020) at the Reference Epoch of 2020.0.

In this regulation, an urban land survey means a land survey of metropolitan land or rural residential land.

In this regulation, a rural land survey means a land survey that is not an urban land survey.

The Surveyor-General may issue guidelines in relation to what is taken to be metropolitan land or rural residential land.

In carrying out a survey, a reference to, or description of, a concept referred to in Column 1 of the table to this section in a previous survey plan or other description of land is taken to be a reference to, or description of, the corresponding concept in Column 2 unless a contrary intention appears—

Column 1

Column 2

Historical terminology

Current terminology

High-water mark

Mean high-water mark

Boundary that abuts tidal waters

Boundary that abuts the mean high-water mark

Bank of non-tidal waters

Limit of the bed of non-tidal waters

Boundary that abuts non-tidal waters

Boundary that abuts the limit of the bed of non-tidal waters

This regulation applies to the following—

a land survey,

Note—

A land survey may be carried out for mining purposes. See also the Mining Act 1992.

a mining survey,

a survey carried out by or for—

the Surveyor-General, or

a public authority.

Despite subsection (1), the following provisions of this regulation do not apply to a survey carried out under section 45(1)(a) or (b)—

Parts 4, 6 and 8,

sections 35–37, 39–44, 71 and 73–76.

Despite subsection (1), the following provisions of this regulation do not apply to a survey carried out under section 45(1)(c)—

Parts 4 and 8,

sections 35–37, 39–44, 50–56, 71 and 73–76.

Despite subsection (1), the following provisions of this regulation do not apply to a mining survey—

Parts 3–5, Part 6 other than section 47 and Parts 8–10,

section 92(5) and Schedules 2 and 3.

The Surveyor-General may give directions for the conduct of surveys.

The directions must be published on the Department’s website.

The Surveyor-General may, by order published in the Gazette, give directions for—

the conduct of mining surveys, and

the preparation of formal mining survey plans, for the Act, section 3(1), definition of formal mining survey plan.

An order may be made only on the recommendation of the Board.

The document entitled Survey and Drafting Directions for Mining Surveyors 2020 (NSW Mines), published in Government Gazette No 98 of 15 May 2020, is taken to be an order made under this section.

A survey carried out by or for the Surveyor-General must be carried out in accordance with the document entitled Standards and Practices for Control Surveys (SP1) Version 1.7, published by the Intergovernmental Committee on Surveying and Mapping, subject to—

this regulation, and

the Surveyor-General’s directions.

A surveyor carrying out a land survey must obtain publicly available information necessary to—

locate, or relocate, the boundaries of land surveyed, and

connect the land survey to the State control survey in accordance with this regulation.

A surveyor must use only approved measurement equipment and methods when carrying out a survey.

A surveyor must not use equipment unless the surveyor knows the accuracy obtained by the equipment’s use.

The accuracy of the equipment must be determined by reference to—

the Australian primary standard of measurement of length, within the meaning of the National Measurement Act 1960 of the Commonwealth, or

the State primary standard of measurement of length, within the meaning of that Act, that is maintained or caused to be maintained by the Surveyor-General.

A surveyor must not use approved electronic distance measuring equipment that involves a laser and prism unless the surveyor has verified the equipment—

immediately after—

the equipment is serviced or repaired, and

the equipment’s software is changed or upgraded, and

within the last 12 months.

A surveyor must not use approved metal tapes and bands to carry out a survey unless the surveyor has—

verified the equipment—

immediately after the equipment is repaired, and

within the last 2 years, or

validated the equipment under section 13.

In this section—

verified means verified in accordance with the Surveyor-General’s directions.