New South Wales Consolidated Acts

SURVEYING AND SPATIAL INFORMATION ACT 2002 - SECT 9B

9B Authority for a registered surveyor to act for another in certain circumstances

(1) This section applies if--

(a) a plan has been lodged with the Registrar-General under the Real Property Act 1900 or the Conveyancing Act 1919 , and

(b) the survey represented in the plan has been certified to be accurate by a registered surveyor (
"the original surveyor" ), and

(c) the Registrar-General has issued a requisition or requirement to the effect that a specified thing is to be done by the original surveyor.

(2) If the Surveyor-General is satisfied that--

(a) a requisition or requirement referred to in subsection (1) (c) has not been complied with by the original surveyor because--

(i) of the original surveyor's death, continued absence or prolonged illness, or

(ii) the original surveyor cannot be found or is no longer a registered surveyor, and

(b) it is unlikely that the requisition or requirement will be complied with by the original surveyor within a reasonable time having regard to the circumstance of the case,

the Surveyor-General may certify in writing to that effect.

(3) On the issue of a certificate by the Surveyor-General under subsection (2), a registered surveyor, other than the original surveyor, may do all or any of the things that are necessary or expedient to comply with the requisition or requirement referred to in subsection (1) (c).

(4) A registered surveyor who amends a plan under subsection (3) is to certify on the plan that the amendment has been made under this section.

(5) Despite any other Act, law or practice, on production of a certificate issued by the Surveyor-General under subsection (2), the Registrar-General is to accept anything done by a registered surveyor under subsection (3) as if it were done by the original surveyor.

(6) Nothing in this section prevents--

(a) the original surveyor from authorising another registered surveyor to do all or any of the things required to be done, or

(b) the Registrar-General from accepting anything done by a registered surveyor who has taken over the practice of the original surveyor that is or are necessary or expedient to be done,

to comply with the requisition or requirement referred to in subsection (1) (c).