Survey Act 1992

Where a cadastral survey of land within a Confused Boundary Area is carried out by a surveyor, the boundaries of the land must (instead of being determined in accordance with accepted surveying practice and the provisions of this Act) be determined on the basis of what is fair and equitable having regard to—

existing physical boundaries; and

the length of time that those boundaries have departed from the boundaries as shown in any public records of survey or as marked by existing survey marks; and

all other relevant factors.

Where a plan of the boundaries of land within a Confused Boundary

sets out the basis on which the boundaries were determined;

is signed by the surveyor who certifies the plan.

The Registrar‑General must examine a plan lodged under subsection (2) and then forward a copy of the plan to the Surveyor‑General for approval under this section.

As soon as practicable after a plan of the boundaries of land within a Confused Boundary Area is forwarded to the Surveyor‑General under this section, the Surveyor‑General must give notice in accordance with this section—

to all persons with a registered interest in the land;

to all persons with a registered interest in land adjoining the land; and

to all other persons who have a registered interest in land that is likely, in the opinion of the Surveyor‑General, to be directly or indirectly affected; and

to the council for the area in which the land is situated.

A notice under subsection (4)—

must specify a place at which the plan may be viewed during normal office hours; and

must specify a period (not less than 28 days after the date of the notice) within which objections relating to the determination of the land boundaries will be received by the Surveyor‑General.

The Surveyor‑General must, in considering any objections received under this section, consult with the

On consideration of a plan and any objections received under this section, the Surveyor‑General may—

approve the plan with or without modification; and

carry out such further work as is necessary in view of the terms of the approval.

The Surveyor‑General must give notice of the terms of an approval and, if a plan is approved with modification, a brief description of the reasons for the decision as to those terms, to—

the surveyor responsible for the survey; and

all persons who were entitled to be notified under subsection (4) and who continue to hold the registered interest in land by reason of which they were so entitled;

all persons who have since the date of that notification acquired a registered interest in land by reason of which they would have been entitled to be notified if they had held that interest at that date.

Any person entitled to receive a notice under subsection (7) may, within 14 days after receipt of the notice, appeal against the decision of the

The Supreme Court may, on the hearing of an appeal, hear such evidence as it thinks fit, whether or not the evidence was produced before the

The Supreme Court may, on the hearing of an appeal, exercise any one or more of the following powers:

affirm or vary the decision appealed against, or make in addition any decision that should have been made in the first instance;

quash the decision appealed against and substitute any decision that should have been made in the first instance;

remit the subject matter of the appeal to the

make any further or other order as to costs or any other matter that the case requires.

If no appeal is lodged under this section against the approval of a plan by the Surveyor‑General, the Registrar‑General may deposit that plan in the Lands Titles Registration Office.

If an appeal is lodged under this section and the Supreme Court on appeal approves a plan, the Registrar‑General may deposit that plan in the Lands Titles Registration Office.

This section is in addition to and does not derogate from the