Queensland Subordinate Legislation as Made Queensland Subordinate Legislation as Made(1) A cadastral surveyor carrying out a cadastral survey must, in identifying or marking a boundary of land, take account of the rights and obligations of each party affected by the boundary.
Examples of a party affected by the boundary—
an owner of land sharing the boundary
an owner of land near the boundary if the owner's understanding of the position of the boundaries of the owner's land may change as a result of reinstating the boundary
an owner of land benefited by an easement if the owner's understanding of the position of the boundaries of the easement may change as a result of reinstating the boundary
(2) This may be achieved by, for example, ensuring each of the following—
(a) cadastral boundaries are reinstated in accordance with the hierarchy of reinstatement evidence;
(b) cadastral boundaries are defined by abuttals with no gaps between, or overlaps of, the boundaries;
(c) how to decide the position of a natural feature forming a boundary is recorded on the plan;
(d) if there is an apparent irregularity in information recorded for an existing survey mark, the irregularity is recorded in—
(i) a State dataset; or
(ii) the land registry kept under a registration Act;
Example of an apparent irregularity—
Observations made by the surveyor relating to the survey mark differ from the information recorded for the mark in a State dataset.
(e) any encroachment is identified and, if the encroachment is substantial, each owner of land affected by the encroachment is notified.
(3) In this section—
hierarchy of reinstatement evidence means a set of rules recognised in the surveying profession—
(a) for giving weight to evidence of cadastral boundaries; and
(b) used in the reinstatement of cadastral boundaries.