Victorian Current Acts Victorian Current Acts(1) The Surveyor-General may adopt any particular reference marks or other survey marks or any class of reference marks or other survey marks established by any department or public authority whether before or after the commencement of this Act to be permanent marks for the purposes of this Act by publication of a notice in the Government Gazette specifying the marks or class of marks so adopted.
(2) Any permanent mark required or authorized to be established under this Act whether by the Surveyor-General or by any department or public authority may be so established—
(a) upon any Crown land;
(b) upon any land vested in or under the care and management of any department or public authority or any committee of management or body of trustees for any public purpose;
(c) (after consultation with the engineer or surveyor of the municipality concerned) upon any public street road lane or thoroughfare; or
(d) (with the consent of the owner or occupier thereof) upon any privately owned land—
and every person duly authorized by the Surveyor-General or by the proper officer of the department or public authority concerned shall at all reasonable times have access to such land street road lane or thoroughfare for the purpose of the establishment inspection and maintenance of any permanent mark or the connexion of any survey with any permanent mark.
S. 15(3) amended by No. 31/1994 s. 3(Sch. 1 item 55.1).
(3) All permanent marks established by the Surveyor-General under this Act, whether to mark the standard traverse for any survey area proposed to be proclaimed pursuant to this Act or otherwise, shall be established out of moneys provided by Parliament, and shall be maintained in good order and condition—
(a) if upon any land (other than a public street road lane or thoroughfare) vested in or under the care and management of any department or public authority or of any committee of management or body of trustees for any public purpose—by the department authority committee or body concerned out of such moneys as are available for the care and management of such land;
(b) if upon any public street road lane or thoroughfare the maintenance whereof is charged upon any department or public authority—by such department or authority out of such moneys as are available for the maintenance of such street road lane or thoroughfare; or
S. 15(3)(c) amended by No. 12/1989 s. 4(1)(Sch. 2 item 117.3).
(c) in any other case—by the municipal council within the municipal district of which such marks are established out of the municipal or town fund of the municipality [1] .
(4) All permanent marks established by any department or public authority upon a requisition of the Surveyor-General under section six of this Act in relation to any survey carried out by or on behalf of such department or authority shall be established out of such moneys as are available to the department or authority concerned for the purposes of such survey and all permanent marks so established and all permanent marks adopted under the foregoing provisions of this section, shall be maintained in good order and condition out of such moneys as are available for the maintenance of the works or undertakings of the department or authority concerned:
S. 15(4) Proviso amended by Nos 9019 s. 2(1)(Sch. item 220), 10087 s. 3(1)(Sch. 1 item 249), 41/1987 s. 103(Sch. 4 item 63.5).
Provided that where the Minister is satisfied, upon the application of the proper officer of any department or public authority, that the maintenance of any such mark or marks causes undue expense or inconvenience to such department or authority, he may by writing exempt such department or authority from such maintenance, and thereafter such maintenance shall be carried out by the Surveyor-General or by such other department or public authority or by such committee of management or body of trustees as the Governor in Council by Order directs.
No. 4732 s. 16.
S. 16 amended by Nos 9549 s. 2(1)(Sch. item 226), 10/2004 s. 15(Sch. 1 item 31).