New South Wales Consolidated Regulations

SURVEYING AND SPATIAL INFORMATION REGULATION 2017 - REG 18

18 Surveys for affecting interests

(1) This clause applies to surveys carried out for the purpose of defining an affecting interest.

(2) The surveyor must connect the site of the affecting interest by measurement to relevant monuments.

(3) If the affecting interest--

(a) intersects a boundary of land held in different ownership, or

(b) terminates at a boundary, whether of land held in the same or different ownership,

the surveyor must redefine the boundary and show connections on the survey plan from the affecting interest to the nearest corner of the boundary.

(4) The essential dimensions of the site of the affecting interest must be shown on the survey plan by bearing and distance.

(5) The surveyor must ensure that the survey has the following reference marks--

(a) for affecting interests less than or equal to 200 metres in length, a reference mark at 1 terminal of the affecting interest,

(b) for affecting interests more than 200 metres in length, a reference mark at each terminal of the affecting interest,

(c) for affecting interests regardless of length, additional reference marks--

(i) for an urban survey, at intervals not exceeding 500 metres, or

(ii) for a rural survey, at intervals not exceeding 1,000 metres.

(6) Subclauses (4) and (5) do not apply to--

(a) an easement to be created over existing pipes and conduits that are underground, or

(b) an easement to be created over existing pipes and conduits that are within a building and whose precise location cannot reasonably be determined,

in which case the approximate positions must be shown on the survey plan, together with appropriate notations.

(7) Subclauses (4) and (5) do not apply to an easement to be created over an existing access track that is identified on a plan, map, aerial photograph or satellite image, or by field measurements, but the approximate positions of any intersections between the easement and existing parcel boundaries must be shown on the survey plan, together with appropriate notations.

(8) In any case, the surveyor must note the site of the affected interest on the plan as--

(a) "easement (or description of the easement)", "restriction on the use of land", "positive covenant" or "profit à prendre", or

(b) "proposed easement (or description of the easement)", "proposed restriction on the use of land", "proposed positive covenant" or "proposed profit à prendre".