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SURVEY AND MAPPING INFRASTRUCTURE ACT 2003 - SECT 34

Chief executive may obtain information about survey marks placed other than in carrying out a State survey

34 Chief executive may obtain information about survey marks placed other than in carrying out a State survey

(1) If the chief executive reasonably considers a survey mark placed in carrying out a survey other than a State survey is of value for a survey and mapping infrastructure purpose, the chief executive may—
(a) in writing, ask the relevant person, for—
(i) a copy of the plan of survey in the approved form; or
(ii) other information necessary to establish the survey mark as a recognised permanent survey mark; or
(b) cause a survey to be carried out for establishing the survey mark as a recognised permanent survey mark.
(2) Subsection (1) (a) (i) does not apply if the person has given the chief executive a copy of the plan of survey under section 15 or 16 .
(3) The relevant person must comply with a request made under subsection (1) (a) within the reasonable period stated in the request, unless the person has a reasonable excuse.
Penalty—
Maximum penalty for subsection (3) —20 penalty units.
(4) In this section—

"relevant person" means—
(a) if paragraph (b) does not apply—the surveyor, surveying associate or surveying graduate who placed the survey mark; or
(b) if the mark was placed by a surveying associate or surveying graduate under a surveyor’s supervision—the surveyor; or
(c) if the mark was placed by or for a public authority—the public authority.



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