Queensland Consolidated Acts

SURVEY AND MAPPING INFRASTRUCTURE ACT 2003 - SECT 42

42 Offence about interfering with survey mark

(1) A person must not interfere with a survey mark the existence of which the person knows or ought reasonably to know, unless—

(a) for a cadastral survey mark for a boundary—the person interferes with the mark in order to erect a fence, wall or other permanent structure along the boundary; or

(b) for a recognised permanent survey mark—the person interferes with the mark under an authority given under section 43 ; or

(c) for a mark other than a recognised permanent survey mark—the person, before interfering with the mark—

(i) causes a survey to be carried out to establish the relationship between the mark and at least 2 recognised permanent survey marks; and

(ii) gives the chief executive a copy of the plan of survey; or

(d) the person has a reasonable excuse.

Penalty—

Maximum penalty—100 penalty units.

(2) It is not a reasonable excuse for a person to interfere with a survey mark if the person could have obtained, but did not seek, an authority under section 43 for the interference.