Cadastral Survey Act 2002

Question 1

2021

2a. For the purposes of the Cadastral Survey Act 2002, what is the meaning of “cadastre”, as specified in Section 4 of that Act?

Answer 1

Cadastre means all the cadastral survey data (½ mark) held by or for the Crown and
Crown Agencies (½ mark)

Question 2

2021

2b. Section 7 Cadastral Survey Act 2002 deals with functions and duties of the Surveyor General. In exercising his or her functions under subsection (2), the Surveyor-General must have regard to four matters. What are they?

Answer 2

(a) the risks to the Crown and owners of interests in land of inaccuracies in cadastral surveys (1 mark)
(b) the efficiency and effectiveness of measures to manage risks to the accuracy of cadastral surveys (1 mark)
(c) the efficiency with which the costs and benefits of those measures will be allocated among the Crown, cadastral surveyors, current and future owners of land, and other parties (1 mark)
(d) the use of cadastral survey data for purposes other than cadastral surveys. (1 mark)

Question 3

2021

2c. Section 11(1) Cadastral Survey Act 2002 deals with the functions and duties of the Cadastral Surveyors Licensing Board. List six of the seven functions and duties of the Board.

Answer 3

Register
Applications
Fees
Standards
Investigate complaints
Information to the minister
Other functions or duties

(a) to maintain a register of cadastral surveyors licensed under this Act: (½ mark)
(b) to receive applications for licences under this Act as cadastral surveyors and to issue
licences in proper cases: (½ mark)
(c) to set fees for the issue and renewal of licences under this Act: (½ mark)
(d) to issue and update standards that persons applying for licences, or the renewal of
licences, under this Act must meet: (½ mark)
(e) to investigate complaints about cadastral surveyors and take disciplinary action in
appropriate cases under this Act: (½ mark)
(f) to provide statistical information to the Minister about cadastral surveyors as
requested by the Minister: (½ mark)
(g) to perform any other functions or duties conferred on it by this Act or any other
enactment. (½ mark)

Question 4

2021

2d. If the Cadastral Surveyors Licensing Board, after conducting a hearing in accordance with Part 4 of this Act, is satisfied that a licensed cadastral surveyor has been guilty of professional misconduct, the Board may order an appropriate course of disciplinary action. Section 39(2) Cadastral Survey Act 2002 lists three types of orders that can be imposed on a licensed cadastral surveyor. What can the Cadastral Surveyors Licensing Board order?

Answer 4

Cancel, suspend, supervise

(a) order that the cadastral surveyor’s licence be cancelled and the name of the cadastral surveyor be removed from the register: (1 mark)
(b) order that the cadastral surveyor’s licence, and his or her entitlement to obtain a renewal of the licence, be suspended for a period not exceeding 3 years: (1 mark)
(c) order that the cadastral surveyor may, for a period not exceeding 3 years, practice but only subject to any conditions as to employment, supervision, relevant training or
education, or otherwise that the Board may specify in the order. (1 mark)

Question 5

2021

2e. If an error is found in a cadastral survey dataset affecting any title under the Land Transfer Act 2017 or any title or tenure under any other Act, Section 52(1) Cadastral Survey Act 2002 allows the Surveyor-General to require a remedy. What may the Surveyor-General require in the event that an error has been found?

Answer 5

If an error is found in a cadastral survey dataset affecting any title under the Land
Transfer Act 2017 or any title or tenure under any other Act, the Surveyor-General may,
in writing (½ mark), require the cadastral surveyor responsible for the error to
undertake, or arrange to be undertaken (½ mark), the work necessary to correct the
error within a time that the Surveyor-General considers reasonable (1 mark).

Question 6

2021

2f. An infringement offence, as defined under Section 59 Cadastral Survey Act 2002, is an offence under any of Sections 54 to 57 Cadastral Survey Act 2002. List the four types of offences under these sections.

Answer 6

Section 54 – Obstruction of cadastral surveyor. (½ mark)
Section 55 – Interference with survey marks. (½ mark)
Section 56 – False cadastral survey marks. (½ mark)
Section 57 - Unlicensed persons not to act as licensed cadastral surveyors. (½ mark)

Question 7

2021

2g. The offence of placing false cadastral survey marks is dealt with under Section 56 Cadastral Survey Act 2002. What are the criteria set out in this section that determines the placement of a peg or mark to be an offence?

Answer 7

(a) that is not a cadastral survey mark properly placed; and (1 mark)
(b) with the intention of causing any person to believe that it is a cadastral survey mark placed in that position for the purposes of a cadastral survey. (1 mark)

Question 8

2021

2h. Section 58 Cadastral Survey Act 2002 deals with offences relating to terms implying that a person is a licensed cadastral surveyor and is therefore liable on conviction to be fined.
List the three situations that this applies to.

Answer 8

1. Uses words, initials, or titles that are intended to make someone believe that you are licensed, when you are not.
2. With the intent to deceive, makes a statement or does and act to suggest someone is licensed, when they are not.
3. With intent to deceive, makes use of a license issued to them or somebody else.

(a) not being a licensed cadastral surveyor, uses, or causes or permits to be used, written words, titles, or initials, or an abbreviation of words, title, or initials, that are intended
to cause or may reasonably cause a person to believe that the person using them is a licensed cadastral surveyor or is qualified to act as a licensed cadastral surveyor: (1 mark)
(b) knowing that another person is not licensed under this Act, and with the intent to deceive, makes a statement or does an act calculated to suggest that the other person is a cadastral surveyor or is licensed under this Act; or (1 mark)
(c) with intent to deceive, makes use of a licence issued to him or her or to another person under this Act. (1 mark)

Question 9

2020

2a. What are the three main purposes of the Cadastral Survey Act 2002, as listed under Section 3 of that Act?

Answer 9

(a) to promote and maintain the accuracy of the cadastre (1 mark)
(b) to provide for the electronic lodging and processing of cadastral surveys (1 mark)
(c) to provide for a national geodetic system and a national survey control system to be maintained. (1 mark)

Question 10

2020

2b. What is the definition for the “national survey control system”, as specified in Section 4 Cadastral Survey Act 2002?

Answer 10

A system used to determine the position of points, features, and boundaries in cadastral surveys, other surveys, and land information systems.

Question 11

2020

2c. The Cadastral Surveyors Licensing Board may receive complaints of professional misconduct. What are the two types of complaints that can be received, as stated in Section 35(1) Cadastral Survey Act 2002?

Answer 11

(a) a licensed cadastral surveyor has been guilty of professional misconduct: (½ mark)
(b) a licensed cadastral surveyor is not entitled to be a licensed cadastral surveyor. (½
mark)

Question 12

2020

2d. Section 38(1) Cadastral Survey Act 2002 deals with the hearing of complaints against a licensed cadastral surveyor by the Cadastral Surveyors Licensing Board. What are the two criteria that the Board need to adhere to?

Answer 12

(a) must observe the rules of natural justice; and (½ mark)
(b) may receive evidence even though it would not be admissible in a court of law. (½
mark)

Question 13

2020

2e. Section 47 Cadastral Survey Act 2002 details the general duties in relation to a cadastral survey. Who can undertake a cadastral survey and who is responsible for a cadastral survey?

Answer 13

(1) A cadastral survey must be conducted by a cadastral surveyor or a person acting
under the direction of a cadastral surveyor. (1 mark)
(2) In conducting a cadastral survey, a cadastral surveyor or a person acting under his or
her direction must comply with this Part and any regulations, standards, and rules
made under it. (1 mark)
(3) A cadastral surveyor is responsible for a cadastral survey conducted by a person
acting under his or her direction. (1 mark)

Question 14

2020

2g. Section 54 Cadastral Survey Act 2002 deals with obstruction of a cadastral surveyor whereby a person commits an offence who knowingly obstructs or hinders that cadastral surveyor, or a person assisting that cadastral surveyor, from carrying out certain activities.
Provide the three activities as stipulated in this section.

Answer 14

(a) performing the cadastral surveyor’s duties and functions in relation to a cadastral survey; or (1 mark)
(b) ascertaining or marking out a boundary or cadastral survey line; or (1 mark)
(c) fixing, placing, restoring, repairing, or setting up a cadastral survey mark. (1 mark)

Question 15

2020

2h. List six circumstances, pursuant to Schedule 2 Cadastral Survey Act 2002, where a licensed cadastral surveyor is guilty of professional misconduct in any proceedings or appeal under Part 4 of that Act.

Answer 15

(a) negligent in the conduct of any cadastral survey
(b) certified the accuracy of any cadastral survey without having personally carried out or directed field operations
(c) certified the accuracy of any cadastral survey without having caried out sufficient checks
(d) certified the accuracy of any cadastral survey if the operation of ground marking have not been carried out in accordance with standards set under part 5
(e) certified the accuracy of any cadastral survey knowing it to be defective
(f) made any entry in a field book or other record if in fact it has not been so derived
(g) knowingly supplied the surveyor general erroneous information
(h) been convicted of any offence
(i) failed to comply with any conditions imposed by the board
(j) failed to compley with any requirement imposed under section 52 (correction of errors)
(k) persistently exercised the powers of entry in an unreasonable manner
(l) failed to perform any duty imposed on licensed cadastral surveyors

Question 16

2019

2a. What are the two definitions for “licensed cadastral surveyor” or “cadastral surveyor” as specified in Section 4 Cadastral Survey Act 2002?

Answer 16

(a) licensed as a cadastral surveyor under Part 3; or (½ mark)
(b) deemed to be licensed as a cadastral surveyor under that Part (½ mark)

Question 17

2019

2b. Section 11(1) Cadastral Survey Act 2002 deals with the functions and duties of the Cadastral Surveyors Licensing Board. List six of the seven functions and duties of the Board.

Answer 17

(a) to maintain a register of cadastral surveyors licensed under this Act: (½ mark)
(b) to receive applications for licences under this Act as cadastral surveyors and to issue licences in proper cases: (½ mark)
(c) to set fees for the issue and renewal of licences under this Act: (½ mark)
(d) to issue and update standards that persons applying for licences, or the renewal of licences, under this Act must meet: (½ mark)
(e) to investigate complaints about cadastral surveyors and take disciplinary action in appropriate cases under this Act: (½ mark)
(f) to provide statistical information to the Minister about cadastral surveyors as requested by the Minister: (½ mark)
(g) to perform any other functions or duties conferred on it by this Act or any other enactment. (½ mark)

Question 18

2019

2c. Section 53(1) Cadastral Survey Act 2002 provides for a cadastral surveyor to obtain authorization, either generally or specifically, from the Surveyor-General to enter land for the purpose of conducting a cadastral survey, or the installation of a survey mark. Outline the powers that are attached to this authority.

Answer 18

(a) enter and re-enter any land at reasonable times, with or without any assistants, aircraft, boats, vehicles, appliances, machinery, and equipment that are reasonably necessary for the conduct of the cadastral survey or to install the survey mark; and (1 mark)
(b) on any land, do all things necessary or required of him or her for the proper conduct of the cadastral survey or the installation of the survey mark. (1 mark)

Question 19

2019

2d. A person exercising any powers under Section 53(1) Cadastral Survey Act 2002 must produce evidence of his or her identity and authority to exercise the powers conferred
within this section. List the two procedures that should be followed as stipulated under subsection 4.

Answer 19

(a) if practicable on first entering the land or premises; and (1 mark)
(b) whenever subsequently reasonably requested to do so. (1 mark)

Question 20

2019

2e. An infringement offence as defined under Section 59 Cadastral Survey Act 2002 is an offence under any of Sections 54 to 57 Cadastral Survey Act 2002. List the four types of offences under these sections.

Answer 20

Section 54 – Obstruction of cadastral surveyor. (½ mark)
Section 55 – Interference with survey marks. (½ mark)
Section 56 – False cadastral survey marks. (½ mark)
Section 57 - Unlicensed persons not to act as licensed cadastral surveyors. (½ mark)

Question 21

2019

2f. Section 58 Cadastral Survey Act 2002 deals with offences relating to terms implying that a person is a licensed cadastral surveyor and is therefore liable on conviction to be fined.
List the three situations that this applies to.

Answer 21

(a) not being a licensed cadastral surveyor, uses, or causes or permits to be used, written words, titles, or initials, or an abbreviation of words, title, or initials, that are intended to cause or may reasonably cause a person to believe that the person using them is a licensed cadastral surveyor or is qualified to act as a licensed cadastral surveyor: (1 mark)
(b) knowing that another person is not licensed under this Act, and with the intent to deceive, makes a statement or does an act calculated to suggest that the other person is a cadastral surveyor or is licensed under this Act; or (1 mark)
(c) with intent to deceive, makes use of a licence issued to him or her or to another person under this Act. (1 mark)

Question 22

2019

2g. What is the maximum fine that can be imposed for anybody that commits an offence under
Section 58 Cadastral Survey Act 2002?

Answer 22

Fine not exceeding $5000.

Question 23

2019

2h. Pursuant to Schedule 2 Cadastral Survey Act 2002, a licensed cadastral surveyor is guilty of professional misconduct if the cadastral surveyor is found in any proceedings or appeal under Part 4 of that Act. List six of these circumstances as to what these matters relate to.

Answer 23

(a) to have been negligent in the conduct of, or failure to conduct, any cadastral survey: (1 mark)
(b) to have certified to the accuracy of any cadastral survey or cadastral survey dataset without having personally carried out or directed the cadastral survey and the related field operations: (1 mark)
(c) to have certified to the accuracy of any cadastral survey or cadastral survey dataset without having carried out sufficient checks to ensure the accuracy of the entries in any field book and the accuracy of all calculations, working plans, and other cadastral survey records that may have been made by any person employed by him or her in relation to the cadastral survey: (1 mark)
(d) to have certified to the accuracy of any cadastral survey carried out by the cadastral surveyor or under his or her personal direction if the operation of pegging and ground marking, and all other requirements of the cadastral survey, have not been carried out in accordance with standards set under Part 5: (1 mark)
(e) to have certified to the accuracy of any cadastral survey or cadastral survey dataset, knowing it to be defective: (1 mark)
(f) to have made any entry in any field book or other record that purports to have been derived from actual observation or measurement in the field, if in fact it has not been so derived: (1 mark)
(g) to have supplied to the Surveyor-General or the chief executive any erroneous information in relation to any cadastral survey, cadastral survey mark, or boundary, knowing the information to be erroneous in any material particular: (1 mark)
(h) to have been convicted of any offence against section 31 or Section 58(b) or (c): (1 mark)
(i) to have failed to comply with any conditions imposed by the Board under Section 39(2)(c) or 7 or the High Court on any appeal against an order under Section 39: (1 mark)
(j) to have failed to comply with any requirement imposed under Section 52: (1 mark)
(k) to have persistently exercised the powers of entry conferred by Section 53 in an unreasonable manner: (1 mark)
(l) to have failed, without reasonable cause, to perform any duty imposed on licensed cadastral surveyors by standards set by rules made under Section 49. (1 mark)

Question 24

2018 3a. What are the definitions for “cadastre” and “cadastral survey dataset” as specified in Section 4 Cadastral Survey Act 2002? (1 mark)

Answer 24

“Cadastre” means all the cadastral survey data held by or for the Crown and Crown agencies. (½ mark)

“Cadastral survey dataset” means the set of cadastral survey data necessary to integrate a cadastral survey into the cadastre. (½ mark)

Question 25

2018 3b. Section 7 Cadastral Survey Act 2002 deals with functions and duties of the SurveyorGeneral. In exrcising his or her functions under subsection (2), the Surveyor-General must have regard to four matters. What are they? (4 marks)

Answer 25

(a) the risks to the Crown and owners of interests in land of inaccuracies in cadastral surveys; and (1 mark)
(b) the efficiency and effectiveness of measures to manage risks to the accuracy of cadastral surveys; and (1 mark)
(c) the efficiency with which the costs and benefits of those measures will be allocated among the Crown, cadastral surveyors, current and future owners of land, and other parties; and (1 mark)
(d) the use of cadastral survey data for purposes other than cadastral surveys. (1 mark)

Question 26

2018 3c. If the Cadastral Surveyors Licensing Board, after conducting a hearing in accordance with Part 4 of this Act, is satisfied that a licensed cadastral surveyor has been guilty of professional misconduct, the Board may order an appropriate course of disciplinary action. Section 39(2) Cadastral Survey Act 2002 lists three types of orders that can be imposed on a licensed cadastral surveyor. What are they? (3 marks)

Answer 26

(a) order that the cadastral surveyor’s licence be cancelled and the name of the cadastral surveyor be removed from the register: (1 mark)
(b) order that the cadastral surveyor’s licence, and his or her entitlement to obtain a renewal of the licence, be suspended for a period not exceeding 3 years: (1 mark)
(c) order that the cadastral surveyor may, for a period not exceeding 3 years, practice but only subject to any conditions as to employment, supervision, relevant training or education, or otherwise that the Board may specify in the order. (1 mark)

Question 27

2018 3d. Section 54 Cadastral Survey Act 2002 deals with obstruction of a cadastral surveyor whereby a person commits an offence who knowingly obstructs or hinders that cadastral surveyor, or a person assisting that cadastral surveyor, from carrying out certain activities. Provide the three activities as stipulated in this section. (3 marks)

Answer 27

(a) performing the cadastral surveyor’s duties and functions in relation to a cadastral survey; or (1 mark)
(b) ascertaining or marking out a boundary or cadastral survey line; or (1 mark)
(c) fixing, placing, restoring, repairing, or setting up a cadastral survey mark. (1 mark)

Question 28

2018 3e. The offence of placing false cadastral survey marks is dealt with under Section 56 Cadastral Survey Act 2002. What are the criteria set out in this section that determine placement of a peg or mark to be an offence? (2 marks)

Answer 28

(a) that is not a cadastral survey mark properly placed; and (1 mark)
(b) with the intention of causing any person to believe that it is a cadastral survey mark placed in that position for the purposes of a cadastral survey. (1 mark)

Question 29

2018 3f. An infringement offence as defined under Section 59 Cadastral Survey Act 2002 is an offence under any of Sections 54 to 57 Cadastral Survey Act 2002. List the four types of offences under these sections. (2 marks)

Answer 29

Section 54 – Obstruction of cadastral surveyor. (½ mark)

Section 55 – Interference with survey marks. (½ mark)

Section 56 – False cadastral survey marks. (½ mark)

Section 57 - Unlicensed persons not to act as licensed cadastral surveyors. (½ mark)