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Discipline #204 Summary

BOSSI has a responsibility to maintain integrity in the surveying profession by ensuring that any reported unprofessional conduct involving surveyors is investigated fully and appropriate corrective or disciplinary action is taken where necessary.

To maintain a sufficiently high level of ethical practice standards in the surveying profession, BOSSI recently took disciplinary action against a Registered Land Surveyor, (RLS) for not properly exercising their powers of entry in accordance with the Surveying and Spatial Information Act 2002 (the Act).

The RLS was engaged to perform a land and detail survey of the clients land and an existing right of carriageway that benefited the clients land. The owner/occupier of the burdened land (complainant) lodged a complaint with BOSSI as while conducting the survey, the field party parked their vehicle on the right of carriageway and accessed the complainant’s property without notification or permission.

The RLS disclosed during the BOSSI investigation that they did not attempt to contact owner/occupier to request access to the property. They also did not provide notice to the occupier of the property as required by Section 19 of the Act and Clause 88 of the Regulation. Furthermore, the RLS was not in attendance when the survey was conducted.

As a condition of continuing registration, the surveyor was required to attend a meeting with the Surveyor-General of NSW and one other Board member to receive a formal caution. The caution included advice on the power of entry provisions as outlined in the Act and that the RLS must comply with the requirements of the Act and Reg.

It was also noted that if any similar breaches of the Act or the Regulation are brought to the Board’s attention and subsequently proven against the RLS more serious action under Section 13 of the Surveying and Spatial Information Act 2002 will be considered by the Board.

BOSSI has published the Power of Entry document on its website to help surveyors and the public understand the powers and how they are to be exercised. 

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