Victorian Current Acts

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SURVEYING ACT 2004 - SECT 3

Definitions

In this Act—

S. 3 def. of automatic deemed registration inserted by No. 1/2023 s. 32(1).

"automatic deemed registration" has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;

"Board" means Surveyors Registration Board of Victoria established under section 44;

S. 3 def. of cadastral survey amended by No. 9/2020 s. 390(Sch.  1 item 100).

"cadastral survey" means a survey made for or in connection with, or for the purpose of making or obtaining, a plan or survey data to be used for or in connection with a dealing or matter—

        (a)     relating to the alienation of Crown land; or

        (b)     relating to or affecting title to any land; or

        (c)     relating to the determination, re‑establishment, identification or adjustment of the boundaries of any land; or

        (d)     without limiting paragraphs (a), (b) and (c), under the Land Act 1958 , the Land Acquisition and Compensation Act 1986 , the Local Government Act 2020 , the Property Law Act 1958 , the Transfer of Land Act 1958 , the Subdivision Act 1988 , the Survey Co‑ordination Act 1958 or any other Act or enactment relating to the alienation of Crown land or to title to any land;

"chairperson" means chairperson of the Board;

"Department" means Department of Sustainability and Environment;

"Fund" means Surveyors Registration Board of Victoria Fund established under section 59;

S. 3 def. of home State registration inserted by No. 1/2023 s. 32(1).

"home State registration" has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;

land includes all land within the State whether alienated from the Crown or not;

S. 3 def. of lawyer substituted by No. 18/2005 s. 18(Sch. 1 item 105), amended by No. 17/2014 s. 160(Sch. 2 item 95).

"lawyer" means an Australian lawyer;

S. 3 def. of licensed surveyor amended by No. 1/2023 s. 32(2).

"licensed surveyor" means a person whose name is entered on the register;

Note

Section 42H(1) of the Mutual Recognition Act 1992 of the Commonwealth provides that a reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by that occupation. Section 42H(2)(a) of that Act provides that a person who has automatic deemed registration in a State is taken to have had the registration conferred by the operation of the law of the State.

plan includes any plan, sketch, map, aerial photograph or other document or description made or obtained as part of a survey;

"reciprocal board" means cadastral surveying registration authority, by whatever name called, of another State, a Territory or another country with which the Board has made reciprocal arrangements for the purposes of this Act and those reciprocal arrangements are for the time being in force;

"register" means Register of Licensed Surveyors kept in accordance with section 15;

S. 3 def. of second State inserted by No. 1/2023 s. 32(1).

"second State" has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;

S. 3 def. of second State occupation inserted by No. 1/2023 s. 32(1).

"second State occupation" has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;

"survey" means the act or process of determining the form, contour, position, area, height, depth or any other similar particulars with respect to—

        (a)     any part of the earth's surface (whether land or water) or of any natural or artificial features on, below or above any part of that surface; or

        (b)     the length and direction of the boundary lines of any part of that surface or of any of those natural or artificial features—

and includes the making or obtaining of a plan of that surface and those features and the placing or locating of a survey peg or survey mark for those purposes;

"survey control network" means the geodetic system that provides spatial references in Victoria by—

        (a)     permanent marks and survey marks adopted or established in accordance with the Survey Co-ordination Act 1958 ; and

        (b)     survey marks established under this Act or under the Surveyors (Cadastral Surveys) Regulations 1995 referred to in section 70; and

        (c)     the application of data obtained from global navigation satellite systems;

S. 3 def. of un-professional conduct amended by No. 80/2009 s. 73.

"unprofessional conduct" means—

        (a)     conduct by a licensed surveyor in the course of engaging in business as a licensed surveyor that falls short of the standard of competence and diligence that a member of the public is reasonably entitled to expect of a licensed surveyor; or

        (b)     conduct by a licensed surveyor in the course of engaging in business as a licensed surveyor that would be regarded by a licensed surveyor in good standing as being unacceptable; or

        (c)     professional misconduct; or

        (d)     conduct by a licensed surveyor that contravenes a condition, limitation or restriction on his or her registration.

Part 2—Registration as licensed surveyor

Division 1—Procedure for obtaining registration



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