To protect the public and the integrity of the cadastre BOSSI continues to prosecute unregistered surveyors for performing land or mining surveys.
In a recent course case BOSSI has successfully prosecuted an unregistered surveyor for preparing a detail survey that identified (showed) the property boundaries on a plan provided to a client.
The defendant claimed that the survey was not a land survey. He claimed it was a detail survey and the resulting plan had a note stating; “Boundary angles and dimensions are by title”. The Magistrate found that the plan clearly identified the boundaries of the parcel of land and was therefore satisfied that the defendant had carried out a land survey as defined by the Surveying & Spatial Information Act 2002.
The defendant also claimed that the work was undertaken under the general supervision of a registered land surveyor. The Magistrate considered the evidence provided by the defendant and the supervising surveyor and found the “supervision of the defendant's work was cursory at best. He was not briefed with the client's instructions having only a general idea. He did not undertake any supervision of the defendant when he attended the property or conduct any survey. He had not visited the property and there was no interrogation of the defendant as to the location of markings on the plan, in particular the boundary”.
The Magistrate found that the land survey was not adequately supervised and as a result the charge against the accused was proven and he was found guilty of performing a land survey for a fee without adequate supervision of a Registered Land Surveyor. The Magistrate placed the unregistered surveyor on a Conditional Release Order for 2 years, on a Good Behaviour Bond for 2 years and awarded BOSSI $10,000 in costs.
BOSSI has published the document ‘What is a land survey’ on its website to provide a uniform understanding of the definition of a land survey to the public, surveyors and allied professions.
Registered Surveyors are reminded that they must comply with the BOSSI determinations on General and Immediate Supervision – failure to comply could result in a finding of professional incompetence &/or professional misconduct under the Act.
