Survey Regulations 2020

These regulations may be cited as the

Survey

Regulations 2020.

In these regulations, unless the contrary intention appears—

Act means the Survey

Act 1992.

This Part is made for the purposes of section 22 of the

Act.

For the purposes of section 22(1)(b) of the Act, the qualifications required of an applicant for a licence or registration as a surveyor are—

a Graduate Diploma in Surveying from the University of South Australia; or

a Master of Surveying from the University of South Australia; or

a Bachelor of Geoinformatics and Surveying from the University of South Australia; or

a Bachelor of Engineering (Honours) (Surveying) from the University of South Australia; or

a Bachelor of Geospatial Information Systems/Bachelor of Surveying from Flinders University; or

qualifications, or qualifications and experience, accredited as being equivalent to the qualifications referred to in paragraph (a) or (c) by the Institution of Surveyors.

Subject to this regulation—

an applicant for a licence as a surveyor who has not previously been a licensed surveyor must have a total of at least 400 days of practical experience in surveying including at least 200 days practical experience in cadastral surveying; and

an applicant for registration as a surveyor who has not previously been a registered surveyor must have a total of at least 400 days of practical experience in surveying.

The practical experience may comprise discrete periods each of which must be at least 4 weeks in duration unless the Institution of

Surveyors is satisfied that a shorter period is justified in the particular circumstances of a case.

Each period of practical experience must be approved by the

Institution of Surveyors.

The Institution of Surveyors—

must approve a period of practical experience for an applicant whose proposal of intention to obtain practical experience has been agreed to by the Institution under subregulation (6) if—

the Institution is satisfied, after taking into account progress reports provided to the Institution in relation to the applicant under subregulation (7), that the practical experience was undertaken in accordance with that proposal; and

the prescribed supervisor has certified (in a manner approved by the Institution) that the applicant has satisfactorily completed the period of practical experience; and

may, in any other case, approve a period of practical experience if—

the Institution is satisfied that—

the practical experience was supervised by a prescribed supervisor;

and

the prescribed supervisor did not, at any time during the period of supervision, supervise the practical experience of any other person for the purposes of this Part (or, if they did, the supervision was of 1 other person only and that other person had already completed at least 1 year of supervised practical experience); and

the practical experience was not so specialised or elementary as to restrict the development of the competence of the applicant; and

the prescribed supervisor has certified (in a manner approved by the Institution) that the applicant has satisfactorily completed the period of practical experience.

An applicant under this regulation may, before undertaking a period of practical experience, submit to the Institution of Surveyors for its agreement, a written proposal (in a manner approved by the Institution) of the applicant's intention to obtain such practical experience, signed by the applicant and the proposed prescribed supervisor and containing the following information:

the expected nature and duration of the practical experience;

the qualifications held by the supervisor during the 2 years immediately before the proposed commencement of the practical experience;

a statement to the effect that the supervisor agrees—

to supervise the applicant for the duration of the proposed period of practical experience; and

not to supervise the practical experience of any other person for the purposes of this Part during that period (unless it is supervision of 1 other person only and that other person will, at the proposed commencement of the period, have already completed at least 1 year of supervised practical experience).

On receipt of a proposal under subregulation (5), the Institution of Surveyors must decide whether or not it agrees to the proposal and give notice of that decision to the applicant as soon as reasonably practicable.

A person who supervises an applicant's practical experience in accordance with a proposal under subregulation (5) must report to the Institution of

Surveyors (in a manner approved by the Institution) on the progress of the applicant—

if the period of practical experience exceeds

6 months—within 28 days after the completion of each

6 month period; and

in any case—within 28 days after the completion of the period of practical experience. Maximum penalty: Maximum penalty: $200.

In this regulation—

prescribed supervisor, in relation to the supervision of a period of practical experience undertaken by an applicant under this regulation, means—

a licensed surveyor who has been licensed for at least

2 years immediately before the commencement of that period;

or

a person holding qualifications approved by the Institution of

Surveyors as relevant to the practical experience who has held those qualifications for at least 2 years immediately before the commencement of that period.

An applicant for a licence as a surveyor who has not previously been a licensed surveyor must—

complete a project, or series of projects, in cadastral surveying in accordance with these regulations; and

demonstrate a satisfactory level of competence in the completion of each project.

An applicant for registration as a surveyor who has not previously been a registered surveyor must—

complete a project, or series of projects, in a category of surveying in which the applicant has gained practical experience in accordance with these regulations; and

demonstrate a satisfactory level of competence in the completion of each project.

Each project must be—

set by a person appointed, with the approval of the Minister, by the Institution of Surveyors; and

of moderate complexity and sufficiently broad to enable the applicant to demonstrate an application of knowledge and skills in the relevant category of surveying.

The applicant's level of competence in relation to a project must be assessed by a person appointed, with the approval of the Minister, by the

Institution of Surveyors.

The assessment of an applicant's level of competence in the completion of a project in a particular category of surveying must be based on the following considerations:

whether the applicant's level of competence equates to the standards of competence expected in such a category of surveying in the workplace;

any relevant guidelines published by the Institution of Surveyors and in force from time to time.

A former licensed surveyor who applies for a licence as a surveyor must—

undertake a refresher course in cadastral surveying in accordance with this regulation; and

demonstrate a satisfactory level of competence in the completion of the course.

A former registered surveyor who applies for registration as a surveyor must—

undertake a refresher course in surveying other than cadastral surveying in accordance with this regulation; and

demonstrate a satisfactory level of competence in the completion of the course.

Each refresher course must be—

set by a person appointed, with the approval of the Minister, by the Institution of Surveyors; and

sufficient to enable the applicant to update the applicant's knowledge and skills in the relevant category of surveying after taking into account—

the applicant's qualifications and experience in that category of surveying; and

the length of time that the applicant has not practised in that category of surveying.

The applicant's level of competence in relation to a course must be assessed by a person appointed, with the approval of the Minister, by the

Institution of Surveyors.

The assessment of an applicant's level of competence in the completion of a course in a particular category of surveying must be based on the following considerations:

whether the applicant's level of competence equates to the standards of competence expected in such a category of surveying in the workplace;

any relevant guidelines published by the Institution of Surveyors and in force from time to time.

In this regulation—

former licensed surveyor means a former licensed surveyor in respect of whom a period of 5 or more years has elapsed since they were last licensed;

former registered surveyor means a former registered surveyor in respect of whom a period of 5 or more years has elapsed since they were last registered.

This Part is made for the purposes of section 43 of the

Act.

In this Part—

allotment has the same meaning as in Part 19AB of the Real Property Act 1886 and in addition includes a community lot, development lot and common property within the meaning of the Community Titles

Act 1996 and a unit and common property within the meaning of the Strata Titles

Act 1988;

coordinated cadastre—see Part 5 Division

1 of the Act;

division of land has the same meaning as in Part

19AB of the Real Property

Act 1886;

Geocentric Datum of Australia 2020 or

GDA2020 has the same meaning as in the determination under section 8A of the National Measurement

Act 1960 of the Commonwealth for the recognised‑value standard of measurement of position;

improvement means a permanent improvement (including a building, fence or wall) situated on or near the boundary of land;

Map Grid of Australia 2020 means the system of rectangular coordinates derived from a Universal Transverse Mercator projection of latitudes and longitudes based on the Geocentric Datum of Australia

2020;

reference mark means—

a metal pin, being a length of metal pipe or rod of at least

10 millimetres in diameter and 300 millimetres in length driven at or below ground level; or

a steel dropper of at least 300 millimetres in length driven at or below ground level; or

a masonry nail or screw firmly secured to a concrete footpath or kerb or a building or other immovable object; or

a drill hole and wings in concrete; or

a lead core or plastic plug set into concrete; or

a metal spike of at least 100 millimetres in length and 8 millimetres in diameter driven into bitumen; or

the corner of a building or other immovable object that may be re‑established without ambiguity; or

a durable mark on a building or other immovable object;

or

any other mark approved and notified in the Gazette by the

Surveyor‑General as a reference mark;

revoked regulations means the

Survey

Regulations 2007 as in force immediately before the commencement of these regulations;

survey mark means—

a survey peg; or

a State survey mark or survey peg as defined under the revoked regulations placed or accepted in a survey in existence before the commencement of these regulations;

[Note: NotePermanent survey marks are included in the definition of

survey mark in section 4 of the Act.]

survey peg means—

a peg of a durable nature, composed of wood, metal, plastic or other material approved for the purpose by the Surveyor‑General, measuring at least 300 millimetres in length and 50 millimetres square at the top and coloured white; or

a metal pin, being a length of metal pipe or rod of at least

10 millimetres in diameter and 300 millimetres in length and coloured white driven at or below ground level; or

a steel dropper of at least 300 millimetres in length and coloured white driven at or below ground level; or

a masonry nail or screw coloured white and firmly secured to a concrete footpath or kerb or a building or other immovable object;

or

a drill hole and wings in concrete that is coloured white;

or

a lead core or plastic plug coloured white and set into concrete;

or

a metal spike of at least 100 millimetres in length and 8 millimetres in diameter driven into bitumen and coloured white;

or

any other peg or mark approved and notified in the Gazette by the

Surveyor‑General as a survey peg.

A surveyor must, before carrying out a cadastral survey, obtain all information—

that is likely to provide evidence of the boundaries of the land to be surveyed; and

that is reasonably accessible.

A surveyor must, in carrying out a cadastral survey—

locate all existing survey marks, reference marks, improvements and natural features likely to provide evidence of the boundaries of the land;

and

connect the survey to all existing surveys of land in the vicinity likely to provide evidence of the boundaries of the land by connecting to such existing survey marks or reference marks on surveys lodged in the Lands Titles

Registration Office; and

if significant differences in the data from an existing survey are revealed—carry out such further work as may be necessary to establish whether or not the difference results from an error in measurement in the existing survey, the placement or acceptance of the survey mark in the existing survey or the siting of the improvement.

A surveyor must, in carrying out a cadastral survey ensure that each new boundary of the land is marked with survey pegs so that the boundary is readily and unambiguously discernible on the ground after completion of the survey and complies with any applicable directions given by the

Surveyor‑General.

A surveyor must ensure that each survey mark placed or accepted in a cadastral survey is secure and reasonably protected from accidental disturbance.

A surveyor must, in carrying out a cadastral survey of land within the designated survey area or the coordinated cadastre, comply with any directions given by the Surveyor‑General as to the placing of permanent survey marks and the provision to the Surveyor‑General of information relating to the marks once placed.

A surveyor must, if using permanent survey marks in carrying out a cadastral survey on land not within the designated survey area or the coordinated cadastre, comply with any directions given by the

Surveyor‑General referred to in subregulation (1) in relation to the permanent survey marks.