Interpretation

In force

(1)

In this Act, unless the contrary intention appears—

beneficiary includes an object of a discretionary trust;

cadastral survey means any process of determining the boundaries of land by the measurement of distances and angles (including measurement by means of an electronic device) or by photogrammetry;

course includes a lecture, seminar, tutorial or workshop;

designated survey area—see

Part

5Division 1;

director of a body corporate means a member of the board or committee of management of the body corporate, whether validly appointed or not;

equipment includes instruments or appliances used in, or for the purposes of, carrying out a survey;

Institution of Surveyors means the Institution of Surveyors, Australia, South Australia Division Incorporated;

interfere with a survey mark includes disturb, damage, remove or destroy the survey mark;

land includes—

(a)

submerged land;

(b)

an interest in land;

licensed surveyor means a person who holds a licence as a surveyor under

Part

3Division 2;

permanent survey mark means a mark or peg included in the network of survey marks established under

Part

5Division 1;

provide, in relation to surveying services, means provide surveying services personally or through the instrumentality of another, and includes offer to provide;

record means—

(a)

a documentary record; or

(b)

a record made by an electronic, electro-magnetic, photographic or optical process; or

(c)

any other kind of record;

registered surveyor means a person registered as a surveyor under Part

3Division 2;

Registrar means the person for the time being appointed to, or acting in, the position of Registrar established by the

Institution of Surveyors pursuant to

Part

2Division 3;

survey means—

(a)

a cadastral survey; or

(b)

any process of determining—

(i)

the form of land; or

(ii)

the position of a point, object, structure or feature on or in land, by the measurement of distances and angles (including measurement by means of an electronic device) or by photogrammetry;

surveying services provider means a person (not being a surveyor) who provides surveying services through the instrumentality of a surveyor;

survey instructions—see

Part

4Division 1;

survey mark means—

(a)

a mark or peg of a kind specified in survey instructions in force under this Act that is placed on or in land for the purposes of defining a boundary of the land; or

(b)

a permanent survey mark;

surveyor means a licensed or registered surveyor;

Surveyor‑General means the person for the time being appointed or acting as the Surveyor‑General;

Tribunal means the South Australian Civil and

Administrative Tribunal established under the South Australian Civil and Administrative Tribunal

Act 2013;

trust—a trust is considered for the purposes of this Act as a single entity consisting of the trustees and the beneficiaries;

trust or corporate entity means a trust or a body corporate.

(2)

A person who holds a licence under this Act will be taken to be registered under this Act.

(3)

A reference in an instrument (whether of a statutory nature or not)—

(a)

to a licensed surveyor is to be taken to be a reference to a licensed surveyor within the meaning of this Act;

(b)

to a registered surveyor is to be taken to be a reference to a licensed or registered surveyor within the meaning of this Act.

(4)

For the purposes of this Act, a surveyor whose licence or registration is under suspension will be taken not to hold a licence or not to be registered (as the case may require).

(5)

Without limiting the generality of the expression, a person who is not a surveyor will, unless exempted by the regulations, be taken to

provide surveying services through the instrumentality of a surveyor if the person, in the course of carrying on a business, provides services to the surveyor for which the person is entitled to receive a share in the profits or income of the surveyor's practice.

(6)

For the purposes of this Act, a person occupies a position of authority in a trust or corporate entity if the person—

(a)

in the case of a body corporate—

(i)

is a director of the body corporate; or

(ii)

exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs;

(iii)

manages, or is to manage, the business of the body corporate that consists of the provision of surveying services; or

(iv)

where the body corporate is a proprietary company—is a shareholder in the body corporate; or

(b)

in the case of a trust—is a trustee or beneficiary of the trust.

(7)

However—

(a)

a minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not, for that reason, to be regarded as a person occupying a position of authority; and

(b)

a charitable organisation that is a beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority in the trust.

(8)

For the purposes of this Act, a person who holds more than 10 per cent of the issued share capital of a public company will be regarded as a person occupying a position of authority in that company.

NoteFor definition of divisional penalties (and expiation fees) see

Appendix.

Regulations

This provision refers to the regulations (the regulations). Made under this Act:

Survey Regulations 2020

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4 Interpretation