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Contents (2006 - 530)
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Surveying and Spatial Information Regulation 2006
Repealed version for 1 July 2012 to 31 August 2012 (accessed 22 October 2018 at 17:44)
Part 1
Part 1 Preliminary
1   Name of Regulation
This Regulation is the Surveying and Spatial Information Regulation 2006.
2   Commencement
This Regulation commences on 1 September 2006.
Note.
 This Regulation replaces the Surveying Regulation 2001, to be repealed on 1 September 2006 by section 10 (2) of the Subordinate Legislation Act 1989.
3   Application of Regulation
This Regulation applies to all land surveys, and to all surveys referred to in section 4 or 5 of the Act, but does not apply to any mining surveys except to the extent to which the other provisions of this Regulation expressly provide and to the extent provided by an order in force under clause 4.
4   Mining surveys
(1)  The Surveyor-General may, by order published in the Gazette, give directions with respect to the conduct of mining surveys.
(2)  Such an order may only be made on the recommendation of the Board.
(3)  The document entitled Survey and Drafting Directions for Mine Surveyors, published in March 2000 by the Department of Mineral Resources, is taken to be an order under this clause with respect to mining surveys carried out for the purposes of the Coal Mines Regulation Act 1982 and the Coal Mine Health and Safety Act 2002, and may be amended and repealed accordingly.
(4)  The document entitled Survey and Drafting Directions for Mining Surveyors, published in December 2001 by the Department of Mineral Resources, is taken to be an order under this clause with respect to mining surveys carried out for the purposes of the Mines Inspection Act 1901 and the Mine Health and Safety Act 2004, and may be amended and repealed accordingly.
5   Definitions
(1)  In this Regulation:
accurate AHD value, in relation to the height above or below AHD of a survey mark, means a value equal to or better than Class “B” or Class “LD”.
affecting interest means an easement, restriction on the use of land, positive covenant or profit à prendre.
AHD means Australian Height Datum, as defined in section 3 (1) of the Act.
appropriate accuracy, in relation to a particular survey, means such accuracy as is reasonably attainable in relation to that survey.
approved means approved by the Surveyor-General.
Board examination means an examination (whether oral or written, or both oral and written) approved by the Board for the purposes of this definition, as set out in a formal Board determination.
boundary mark means a mark of the kind referred to in Schedule 2.
Class, followed by one or more letters or numbers, means a Class of the standard described by those letters or numbers in the Standards and Practices for Control Surveys.
continuing professional development requirements means professional development requirements approved by the Board for the purposes of this definition, as set out in a formal Board determination.
established survey mark means a survey mark that is described in the register of public surveys as having a horizontal position equal to or better than Class “C”.
formal Board determination means a determination that has been made and published by the Board under clause 75.
GNSS means a global navigation satellite system.
lockspit means a mark described as a lockspit in Schedule 2.
mean high-water mark means the line of mean high tide between the ordinary high-water spring and ordinary high-water neap tides.
MGA means Map Grid of Australia, that is, a rectangular co-ordinate system using a Universal Transverse Mercator projection with zones 6 degrees wide and based on the Geocentric Datum of Australia.
monument means a natural or artificial object, or a point on a natural or artificial object, that is shown on an existing survey plan held by a public authority for the purpose of locating or relocating a boundary or a point in a survey.
recognised practical experience, in relation to an applicant for registration as a surveyor, means experience in which:
(a)  the applicant has been employed as a surveyor’s assistant, whether in New South Wales or elsewhere, for one or more periods totalling:
(i)  the equivalent of at least 2 years full-time employment (in the case of an application for registration as a land surveyor), or
(ii)  the equivalent of at least 3 years full-time employment (in the case of registration as a mining surveyor),
during the 5-year period immediately preceding the application, and
(b)  while so employed, the applicant has obtained practical experience in the conduct of land surveys or mining surveys, as the case requires, for a continuous period of at least one year.
recognised professional training agreement means a training agreement approved by the Board for the purposes of this definition, as set out in a formal Board determination.
recognised qualification means any qualification that the Board recognises to be an appropriate qualification for the purposes of this definition, as set out in a formal Board determination.
reference mark means a survey mark of the kind referred to in Schedule 3 or 4.
reference station means a GNSS base station that is described in the register of public surveys as having a horizontal position of Class “C” or better and a vertical position of Class “B” or better.
road includes any road, street, laneway, pathway or other means of access, either existing or proposed.
rural survey means a land survey that is not an urban survey.
Standards and Practices for Control Surveys means the publication entitled Standards and Practices for Control Surveys (SP1), published by the Inter-Governmental Committee on Surveying and Mapping, as that publication is in force from time to time.
student of surveying means a person who is enrolled in a course of studies that leads to a recognised qualification.
survey certificate means a survey certificate referred to in clause 70.
survey drafter means a person who has such abilities and experience as the Board considers appropriate to qualify the person to be a survey drafter, as set out in a formal Board determination.
surveyor’s assistant means a person who has such abilities and experience as the Board considers appropriate to qualify the person to be a surveyor’s assistant, as set out in a formal Board determination.
urban survey means a land survey of:
(a)  land that is within a zone identified in an environmental planning instrument, within the meaning of the Environmental Planning and Assessment Act 1979, as being residential, rural residential, commercial or industrial, or
(b)  land on which development for residential, rural residential, commercial or industrial purposes is permitted to be carried out, whether or not pursuant to development consent under that Act.
(2)  In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1.
(3)  Notes in the text of this Regulation do not form part of this Regulation.