Surveys Act 1937

No. 4 of 1937

Compilation No. 1

Compilation date:   13 August 2019

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

SURVEYS ACT 1937

TABLE OF PROVISIONS

 1. Short title

 2. Repeal

 3. Definitions

 4. Persons entitled to be authorised

 5. Power of authorised surveyor to enter land, etc

 6. Offences

 7. Regulations

Surveys Act 1937

An Act relating to surveys

Short title

 1. This Act may be cited as the Surveys Act 1937.

Repeal

 2. The Surveys Act 1913-1936 is repealed.

Definitions

 3. In this Act, unless the contrary intention appears —

“authorised survey” means a survey of land authorised or required —

(a) under, or in connection with, the administration of any law for the time being in force in Norfolk Island dealing with the alienation, leasing or occupation of Crown lands;

(b) by any proprietor, lessee or mortgagee of any land under any law for the time being in force in Norfolk Island affecting the title to that land; or

(c) for a prescribed purpose relating to public works.

“authorised surveyor” means a person authorised by the Administrator to make authorised surveys.

Persons entitled to be authorised

 4. (1) Any person who, in the opinion of the Administrator, is competent to make surveys may be authorised by the Administrator to make authorised surveys.

  (2) The Administrator may at any time revoke any authority given under this section.

  (3) The approved fee is payable in respect of the grant of authorisation under subsection 4(1).

Power of authorised surveyor to enter land, etc

 5. (1) An authorised surveyor may, for the purpose of making an authorised survey, with any assistant —

(a) enter any land, building or premises and bring on any such land any horse or vehicle;

(b) cut and remove any soil;

(c) place any mark whether of stone, brick, wood or other material on the land, building or premises; and

(d) do any other act incidental to or consequent on or necessary for making an authorised survey.

  (2) An authorised surveyor shall give to the proprietor, lessee or occupier of any land 48 hours notice of his intention to enter upon the land for the purpose of making an authorised survey.

  (3) An authorised surveyor shall not be liable for any damage if the act occasioning the damage was necessary for the due making of an authorised survey.

  (4) Any person obstructing an authorised surveyor in the exercise of the powers conferred by this section shall be guilty of an offence.

Penalty: 2 penalty units.

Offences

 6. Any person who wilfully obliterates, removes or defaces any boundary or survey mark or any land mark or beacon made or erected, before or after the commencement of this Act, by an authorised surveyor or by any person authorised to make surveys under the law for the time being in force in Norfolk Island relating to surveys shall be guilty of an offence.

Penalty: 10 penalty units or imprisonment for 6 months or both.

Regulations

 7. The Administrator may make Regulations, not inconsistent with this Act, prescribing matters —

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

NOTES

The Surveys Act 1937 as shown in this consolidation comprises Act No. 4 of 1937 and amendments as indicated in the Tables below.

Table of Amendments