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Case 6 Summary

To protect the public and the integrity of the cadastre BOSSI continues to prosecute unregistered surveyors for performing land or mining surveys.

In August 2018, BOSSI was successful in prosecuting an unregistered surveyor for preparing a land survey that was provided to a client.

The defendant made representations and provided an apology to the Magistrate and the Court and that they would inform their clients that they are not able to prepare any plans of a land survey nature in the future. The defendant also indicated that they were hoping to continue with their study towards becoming a registered surveyor.

The Magistrate proceeded to explain to the defendant the seriousness of the offence and the ramifications that may flow in relation to insurance, errors in the plan and the position of neighbours in respect of an incorrectly identified boundary.

The defendant pleaded guilty to the offence and requested that the matter be dealt with immediately. The Magistrate found the defendant guilty and then gave the benefit of the provisions of S.10 whereby no conviction was entered and was placed on a good behaviour bond for a period of 24 months. Partial costs were awarded.

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. 

De-identified copy of the land survey that was provided to a client.

Case6 

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