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This is a Bill, not an Act. For current law, see the Acts databases.


SURVEY (GEOCENTRIC DATUM OF AUSTRALIA) BILL 1999





Survey (Geocentric Datum of Australia)
Act 1999 No 30


Contents
                                                          Page

Part 1   Preliminary
           1 Name of Act                                    2
           2 Commencement                                   2
           3 Notes                                          2

Part 2   Geocentric Datum of Australia
           4 What is the Geocentric Datum of Australia?     3

Part 3   Miscellaneous
           5 Regulations                                    4
           6 Savings, transitional and other provisions     4




[20]
Survey (Geocentric Datum of Australia) Act 1999 No 30

Contents

                                                                 Page

                  7 Amendment of other Acts                        4

Schedules
                  1 Savings, transitional and other provisions     5
                  2 Amendment of other Acts                        6




Note                                                              16




Contents page 2
                            New South Wales




Survey (Geocentric Datum of Australia)
Act 1999 No 30

Act No 30, 1999



An Act to define the Geocentric Datum of Australia; to amend certain other Acts
in relation to that Datum; and for other purposes. [Assented to 7 July 1999]
Section 1        Survey (Geocentric Datum of Australia) Act 1999 No 30

Part 1           Preliminary




The Legislature of New South Wales enacts:


Part 1 Preliminary
   1     Name of Act
             This Act is the Survey (Geocentric Datum of Australia) Act 1999.

   2     Commencement
             This Act commences on a day or days to be appointed by
             proclamation.

   3     Notes
             Notes included in this Act are explanatory notes and do not form part
             of this Act.




Page 2
Survey (Geocentric Datum of Australia) Act 1999 No 30                   Section 4

Geocentric Datum of Australia                                           Part 2




Part 2 Geocentric Datum of Australia

   4   What is the Geocentric Datum of Australia?
       (1) The Geocentric Datum of Australia is the datum contained in the
           notice of the Office of Surveyor General published in Gazette No 88
           of 8 August 1997 at pages 6127 and 6128 and designated "The
           Geocentric Datum of Australia (GDA)", as amended or replaced from
           time to time in accordance with this section.
       (2) The Surveyor-General may, from time to time, by notice published in
           the Gazette:
           (a)   amend or replace the Geocentric Datum of Australia, and
           (b)   specify, and amend or replace, systems that may be used in map
                 projections in connection with that Datum.
       (3) Any such notice takes effect on the date of its publication or, if a later
           date is specified in the notice, on the later date.




                                                                                 Page 3
Section 5        Survey (Geocentric Datum of Australia) Act 1999 No 30

Part 3           Miscellaneous




Part 3 Miscellaneous

   5     Regulations
             The Governor may make regulations, not inconsistent with this Act, for
             or with respect to any matter that by this Act is required or permitted
             to be prescribed or that is necessary or convenient to be prescribed for
             carrying out or giving effect to this Act.

   6     Savings, transitional and other provisions
             Schedule 1 has effect.

   7     Amendment of other Acts
             The Acts set out in Schedule 2 are amended as specified in that
             Schedule.




Page 4
Survey (Geocentric Datum of Australia) Act 1999 No 30

Savings, transitional and other provisions                              Schedule 1




Schedule 1           Savings, transitional and other provisions

                                                                           (Section 6)

   1    Regulations
        (1) The regulations may contain provisions of a savings or transitional
            nature consequent on:
            (a)    the publication by the Surveyor-General of a notice under
                   section 4 (2), or
            (b)    the enactment of the following Acts:
                     this Act
        (2) Any such provision may, if the regulations so provide, take effect from
            the date of publication of the notice under section 4 (2) or the date of
            assent to the Act concerned (as the case may be), or a later date.
        (3) To the extent to which any such provision takes effect from a date that
            is earlier than the date of its publication in the Gazette, the provision
            does not operate so as:
            (a)     to affect, in a manner prejudicial to any person (other than the
                    State or an authority of the State), the rights of that person
                    existing before the date of its publication, or
            (b)     to impose liabilities on any person (other than the State or an
                    authority of the State) in respect of anything done or omitted to
                    be done before the date of its publication.




                                                                              Page 5
                  Survey (Geocentric Datum of Australia) Act 1999 No 30

Schedule 2        Amendment of other Acts




Schedule 2            Amendment of other Acts

                                                                             (Section 7)


2.1      Mining Act 1992 No 29


 [1]     Section 371

         Omit the section. Insert instead:

         371    Points to be ascertained by reference to Geocentric Datum of
                Australia
                      The position on the surface of the Earth of a point, line or area
                      that is necessary to be determined for the purposes of this Act,
                      or of any order, instrument or notification under this Act, is to
                      be determined by reference to the Geocentric Datum of
                      Australia referred to in section 4 of the Survey (Geocentric
                      Datum of Australia) Act 1999.

 [2]     Schedule 6 Savings, transitional and other provisions

         Insert at the end of clause 1 (1):
                      Survey (Geocentric Datum of Australia) Act 1999

 [3]     Schedule 6, clause 1

         Insert after clause 1 (1):
               (1A) The regulations may also contain provisions of a savings or
                    transitional nature consequent on the publication by the
                    Surveyor-General of a notice under section 4 (2) of the Survey
                    (Geocentric Datum of Australia) Act 1999.

 [4]     Schedule 6, clause 1 (2)

         Omit the subclause. Insert instead:
                 (2) Any such provision may, if the regulations so provide, take
                     effect from the date of assent to the Act concerned or the date
                     of publication of the notice under section 4 (2) of the Survey
                     (Geocentric Datum of Australia) Act 1999 (as the case may be),
                     or a later date.
Page 6
Survey (Geocentric Datum of Australia) Act 1999 No 30

Amendment of other Acts                                                 Schedule 2




 [5]   Schedule 6

       Insert in Schedule 6 (with appropriate Part and clause numbers):


       Part Provisions consequent on enactment of Survey
            (Geocentric Datum of Australia) Act 1999
               Definition
                    In this Part, the amending Act means the Survey (Geocentric
                    Datum of Australia) Act 1999.

               Boundaries of exploration licences
               (1) On the commencement of this clause, an exploration licence
                   that is in force applies to an area of land (in so far as a
                   graticular section or unit referred to in section 370 is used to
                   specify the area) determined in accordance with section 371 as
                   repealed and re-enacted by the amending Act.
               (2) To the extent that, by the operation of subclause (1), the area to
                   which an exploration licence in force on the commencement of
                   this clause applies would include:
                   (a)     land outside New South Wales, or
                   (b)     land the subject of an authority or a mineral claim, or
                   (c)     land the subject of an application for an authority or a
                           mineral claim that was made before the commencement
                           of this clause, or
                   (d)     any other land over which, according to the provisions
                           of Part 3 or of any other Act or law, the grant of an
                           exploration licence is prohibited,
                    that land is excluded from the area.
               (3) Land that, by operation of subclause (2), is excluded from the
                   area to which an exploration licence applies because it is the
                   subject of an authority or a mineral claim becomes subject to
                   the exploration licence:
                   (a)    if the authority or mineral claim ceases to have effect in
                          relation to that land, and
                   (b)    if, when it does so, the land is not then subject to a
                          further authority or mineral claim.

                                                                              Page 7
              Survey (Geocentric Datum of Australia) Act 1999 No 30

Schedule 2    Amendment of other Acts




             (4) Land that, by operation of subclause (2), is excluded from the
                 area to which an exploration licence applies because it is
                 subject to a pending application for an authority or a mineral
                 claim becomes subject to the exploration licence:
                 (a)    if the application is subsequently refused or withdrawn,
                        or
                 (b)    if, when the authority or a mineral claim is granted, the
                        land does not become subject to the authority or claim.
             (5) On application made in writing, within 90 days after the
                 commencement of this clause, by the holder of an exploration
                 licence applying to an area from which any land has been
                 excluded by the operation of subclause (1), the Minister, on
                 being satisfied that, before the commencement of this clause,
                 significant evidence of valuable mineral deposits existed in
                 relation to the excluded land, may by order amend the licence
                 so as to restore the whole or a specified part of the land
                 excluded.
             (6) An order may be made under subclause (5) even though the
                 land restored would, but for the order, have been subject to
                 another exploration licence.
             (7) A person dissatisfied with the decision of the Minister on an
                 application under this clause may appeal to a Warden's Court.
                 In determining the appeal, the Court has all the functions of the
                 Minister under this clause.
             (8) No compensation is payable to any person for loss or damage
                 arising from the operation of this clause.

             Applications for exploration licences
                  On the commencement of this clause, a pending application for
                  an exploration licence applies to an area of land (in so far as a
                  graticular section or unit referred to in section 370 is used to
                  specify the area) determined in accordance with section 371 as
                  repealed and re-enacted by the amending Act.




Page 8
Survey (Geocentric Datum of Australia) Act 1999 No 30

Amendment of other Acts                                                 Schedule 2




               Boundaries of assessment leases
               (1) On the commencement of this clause, an assessment lease that
                   is on foot applies to an area of land (in so far as a graticular
                   section or unit referred to in section 370 is used to specify the
                   area) determined in accordance with section 371 as repealed
                   and re-enacted by the amending Act.
               (2) To the extent that, by the operation of subclause (1), the area to
                   which an assessment lease that is on foot applies would
                   include:
                   (a)    land outside New South Wales, or
                   (b)    land the subject of an authority or a mineral claim, or
                   (c)    land the subject of an application for an authority or a
                          mineral claim that was made before the commencement
                          of this clause, or
                   (d)    any other land over which, according to the provisions
                          of Part 4 or of any other Act or law, the grant of an
                          assessment lease is prohibited,
                    that land is excluded from the area.
               (3) On application made in writing, within 90 days after the
                   commencement of this clause, by the holder of an assessment
                   lease applying to an area from which any land has been
                   excluded by the operation of subclause (1), the Minister, on
                   being satisfied that, before the commencement of this clause,
                   significant evidence of valuable mineral deposits existed in
                   relation to the excluded land, may by order amend the lease so
                   as to restore the whole or a specified part of the land excluded.
               (4) An order may be made under subclause (3) even though the
                   land restored would, but for the order, have been subject to
                   another assessment lease.
               (5) A person dissatisfied with the decision of the Minister on an
                   application under this clause may appeal to a Warden's Court.
                   In determining the appeal, the Court has all the functions of the
                   Minister under this clause.
               (6) No compensation is payable to any person for loss or damage
                   arising from the operation of this clause.



                                                                              Page 9
                  Survey (Geocentric Datum of Australia) Act 1999 No 30

Schedule 2        Amendment of other Acts




                 Applications for assessment leases
                     On the commencement of this clause, a pending application for
                     an assessment lease applies to an area of land (in so far as a
                     graticular section or unit referred to in section 370 is used to
                     specify the area) determined in accordance with section 371 as
                     repealed and re-enacted by the amending Act.

2.2    Petroleum (Onshore) Act 1991 No 84


 [1]   Section 5

       Omit the section. Insert instead:

             5   Points to be ascertained by reference to Geocentric Datum of
                 Australia
                     The position on the surface of the Earth of a point, line or area
                     that is necessary to be determined for the purposes of this Act,
                     or of any order, instrument or notification under this Act, is to
                     be determined by reference to the Geocentric Datum of
                     Australia referred to in section 4 of the Survey (Geocentric
                     Datum of Australia) Act 1999.

 [2]   Schedule 1 Savings and transitional provisions

       Omit clause 2 (1) and (2). Insert instead:
                 (1) The regulations may contain provisions of a savings or
                     transitional nature consequent on:
                     (a)     the publication by the Surveyor-General of a notice
                             under section 4 (2) of the Survey (Geocentric Datum of
                             Australia) Act 1999, or
                     (b)     the enactment of the following Acts:
                             this Act
                             Petroleum (Onshore) Amendment Act 1998
                             Native Title (New South Wales) Amendment Act 1998
                             Survey (Geocentric Datum of Australia) Act 1999



Page 10
Survey (Geocentric Datum of Australia) Act 1999 No 30

Amendment of other Acts                                                 Schedule 2




               (2) Any such provision may, if the regulations so provide, take
                   effect from the date of publication of the notice under section
                   4 (2) of the Survey (Geocentric Datum of Australia) Act 1999
                   or the date of assent to the Act concerned (as the case may be),
                   or a later date.

 [3]   Schedule 1, Part 4

       Insert after Part 3:


       Part 4 Provisions consequent on enactment of
              Survey (Geocentric Datum of Australia) Act
              1999
         17    Definition
                    In this Part, the amending Act means the Survey (Geocentric
                    Datum of Australia) Act 1999.

         18    Boundaries of exploration licences
               (1) On the commencement of this clause, an exploration licence
                   that is in force applies to an area of land (in so far as a
                   graticular section or unit referred to in section 4 is used to
                   specify the area) determined in accordance with section 5 as
                   repealed and re-enacted by the amending Act.
               (2) To the extent that, by the operation of subclause (1), the area to
                   which an exploration licence in force on the commencement of
                   this clause applies would be taken to include:
                   (a)     land outside New South Wales, or
                   (b)     any land over which, according to the provisions of Part
                           3 or of any other Act or law, the grant of an exploration
                           licence is prohibited,
                    the land is excluded from the area.




                                                                            Page 11
                Survey (Geocentric Datum of Australia) Act 1999 No 30

Schedule 2      Amendment of other Acts




               (3) On application made in writing, within 90 days after the
                   commencement of this clause, by the holder of an exploration
                   licence applying to an area from which any land has been
                   excluded by the operation of subclause (1), the Minister, on
                   being satisfied that, before the commencement of this clause,
                   significant evidence of valuable petroleum deposits existed in
                   relation to the excluded land, may by order amend the licence
                   so as to restore the whole or a specified part of the land
                   excluded.
               (4) An order may be made under subclause (3) even though the
                   land restored would, but for the order, have been subject to
                   another exploration licence.
               (5) A person dissatisfied with the decision of the Minister on an
                   application under this clause may appeal to a Warden's Court.
                   In determining the appeal, the Court has all the functions of the
                   Minister under this clause.
               (6) No compensation is payable to any person for loss or damage
                   arising from the operation of this clause.

          19   Applications for exploration licences
                    On the commencement of this clause, a pending application for
                    an exploration licence applies to an area of land (in so far as a
                    graticular section or unit referred to in section 4 is used to
                    specify the area) determined in accordance with section 5 as
                    repealed and re-enacted by the amending Act.

          20   Applications for production leases
                    On the commencement of this clause, a pending application for
                    a production lease applies to an area of land (in so far as a
                    graticular section or unit referred to in section 4 is used to
                    specify the area) determined in accordance with section 5 as
                    repealed and re-enacted by the amending Act.




Page 12
Survey (Geocentric Datum of Australia) Act 1999 No 30

Amendment of other Acts                                                 Schedule 2




2.3    Petroleum (Submerged Lands) Act 1982 No 23


 [1]   Section 7

       Omit the section. Insert instead:

          7    Points and other matters to be ascertained by reference to
               Geocentric Datum of Australia
                    The position on the surface of the Earth of a point, line or area
                    that is necessary to be determined for the purposes of this Act,
                    or of any order, instrument or notification under this Act, is to
                    be determined by reference to the Geocentric Datum of
                    Australia referred to in section 4 of the Survey (Geocentric
                    Datum of Australia) Act 1999.

 [2]   Schedule 4 Savings, transitional and other provisions

       Insert before clause 1:


       Part 1 Provisions consequent on enactment of
              Petroleum (Submerged Lands) Amendment
              Act 1986
 [3]   Schedule 4, Part 2

       Insert after clause 1:


       Part 2 Provisions consequent on enactment of
              Survey (Geocentric Datum of Australia) Act
              1999
          2    Definition
                    In this Part, the amending Act means the Survey (Geocentric
                    Datum of Australia) Act 1999.




                                                                            Page 13
                  Survey (Geocentric Datum of Australia) Act 1999 No 30

Schedule 2        Amendment of other Acts




             3   Regulations
                 (1) The regulations may contain provisions of a savings or
                     transitional nature consequent on:
                     (a)     the publication by the Surveyor-General of a notice
                             under section 4 (2) of the Survey (Geocentric Datum of
                             Australia) Act 1999, or
                     (b)     the enactment of the following Acts:
                              Survey (Geocentric Datum of Australia) Act 1999
                 (2) Any such provision may, if the regulations so provide, take
                     effect from the date of publication of the notice under section
                     4 (2) of the Survey (Geocentric Datum of Australia) Act 1999
                     or the date of assent to the Act concerned (as the case may be),
                     or a later date.
                 (3) To the extent to which any such provision takes effect from a
                     date that is earlier than the date of its publication in the Gazette,
                     the provision does not operate so as:
                     (a)    to affect, in a manner prejudicial to any person (other
                            than the State or an authority of the State), the rights of
                            that person existing before the date of its publication, or
                     (b)    to impose liabilities on any person (other than the State
                            or an authority of the State) in respect of anything done
                            or omitted to be done before the date of its publication.

             4   Boundaries of exploration permits
                 (1) On the commencement of this clause, an exploration permit
                     that is in force applies to an area of land (in so far as a
                     graticular section or unit referred to in section 18 is used to
                     specify the area) determined in accordance with section 7 as
                     repealed and re-enacted by the amending Act.
                 (2) To the extent that, by the operation of subclause (1), the area to
                     which an exploration permit in force on the commencement of
                     this clause applies would be taken to include:
                     (a)     land outside New South Wales, or
                     (b)     any land over which, according to the provisions of Part
                             4 or of any other Act or law, the grant of a permit is
                             prohibited,
                      the land is excluded from the area.

Page 14
Survey (Geocentric Datum of Australia) Act 1999 No 30

Amendment of other Acts                                                 Schedule 2




               (3) On application made in writing, within 90 days after the
                   commencement of this clause, by the holder of a permit
                   applying to an area from which any land has been excluded by
                   the operation of subclause (1), the Minister, on being satisfied
                   that, before the commencement of this clause, significant
                   evidence of valuable petroleum deposits existed in relation to
                   the excluded land, may by order amend the permit so as to
                   restore the whole or a specified part of the land excluded.
               (4) An order may be made under subclause (3) even though the
                   land restored would, but for the order, have been subject to
                   another permit.
               (5) A person dissatisfied with the decision of the Minister on an
                   application under this clause may appeal to a Warden's Court.
                   In determining the appeal, the Court has all the functions of the
                   Minister under this clause.
               (6) No compensation is payable to any person for loss or damage
                   arising from the operation of this clause.

          5    Applications for exploration permits
                    On the commencement of this clause, a pending application for
                    an exploration licence applies to an area of land (in so far as a
                    graticular section or unit referred to in section 18 is used to
                    specify the area) determined in accordance with section 7 as
                    repealed and re-enacted by the amending Act.

2.4    Survey Co-ordination Act 1949 No 27


       Section 6 Certain powers of Surveyor-General in relation to
       proposed surveys

       Insert after section 6 (3):
               (4) A survey carried out by or on behalf of a public authority after
                   the commencement of this subsection (other than a survey
                   carried out in accordance with the Surveyors Act 1929) must be
                   carried out by reference to the Geocentric Datum of Australia
                   referred to in section 4 of the Survey (Geocentric Datum of
                   Australia) Act 1999.


                                                                            Page 15
                   Survey (Geocentric Datum of Australia) Act 1999 No 30

                   Note




Note
The following is a copy of the notice of the Office of the Surveyor-General published in Gazette
No 88 of 8 August 1997:

                              OFFICE OF SURVEYOR GENERAL
                          Department of Land and Water Conservation
                     Panorama Avenue (P.O. Box 143), Bathurst, N.S.W. 2795
                            Phone: (063) 335 204; Fax: (063) 322 320
The following notice supersedes the notice in the New South Wales Government Gazette No. 129 of
20 October 1995.
                         NEW GEODETIC DATUM FOR AUSTRALIA
       The meeting of the Inter-governmental Committee on Surveying and Mapping held in
Canberra on 28-29 November 1994, adopted the following new geodetic datum for Australia and
recommended its progressive implementation Australia-wide by 1 January 2000:
       Designation: The Geocentric Datum of Australia (GDA).
       Reference Ellipsoid: Geodetic Reference System 1980 (GRS80) ellipsoid with a semi-major
axis (a) of 6 378 137 metres exactly and an inverse flattening (l/f) of 298.257 222 101.
       Reference Frame: The GDA is realised by the co-ordinates of the following Australian
Fiducial Network (AFN) geodetic stations referred to the GRS80 ellipsoid determined within the
International Earth Rotation Service Terrestrial Reference Frame 1992 (ITRF92) at the epoch of
1994.0:

No.       Name            Mark     South Latitude       East Longitude       Ellipsoidal Height
AU 012 Alice Springs      Pillar   23 40 12.44592       133 53 07.84757      603.358 metres
AU 013 Karratha           Pillar   20 58 53.17004       117 05 49.87255      109.246 metres
AU 014 Darwin             Pillar   12 50 37.35839       131 07 57.84838      125.197 metres
AU 015 Townsville         Pillar   19 20 50.42839       146 46 30.79057      587.077 metres
AU 016 Hobart             Pillar   42 48 16.98506       147 26 19.43548      41.126 metres
AU 017 Tidbinbilla        Pillar   35 23 57.15627       148 58 47.98425      665.440 metres
AU 019 Ceduna             Pillar   31 52 00.01664       133 48 35.37527      144.802 metres
AU 029 Yaragadee          Pillar   29 02 47.61687       115 20 49.10049      241.291 metres


      The new datum was proclaimed in the Commonwealth Gazette No. GN 35 of 6 September 1995.




Page 16
Survey (Geocentric Datum of Australia) Act 1999 No 30

Note




                                   NEW SOUTH WALES
       Within New South Wales, GDA is realised by the (GDA94) co-ordinates of the above
AFN stations and the co-ordinates of the following Australian National Network (ANN) geodetic
stations:

No.      Name              Mark        South Latitude        East Longitude         Ellipsoidal Height
7329     Barringun Zero Monument 28 59 56.69551              145 40 07.63275        172.774 metres
         Obelisk
5933     Brunswick         Pillar      28 31 29.59007        153 32 17.30597        135.627 metres
6924     Bullanginya       Pillar      35 47 51.10212        145 33 13.55344        171.743 metres
5821     Crowdy            Pillar      31 50 36.58469        152 45 12.34357        84.270 metres
7273     Eden              Pillar      37 04 27.40104        149 54 28.50180        17.326 metres
         Breakwater
7374     Flag              PM          34 27 57.57857        150 51 05.54610        73.832 metres
2191     Gilgunnia         Pillar      32 21 35.60370        145 59 27.58343        544.369 metres
7235     Lake Littra       Monument 33 55 45.90840           141 00 09.90541        34.484 metres
5517     Mulley            Pillar      33 25 46.83164        149 34 01.46525        756.615 metres
3618     Olive NMC24       Trig Plug   29 05 16.66830        141 49 02.71231        323.838 metres
4224     Sundown           Pillar      31 53 57.29431        141 26 59.62844        408.792 metres
5196-4   Texas             Pillar      28 51 19.62316        151 12 38.54610        538.267 metres


      The existing Australian Geodetic Datum (AGD), realised by the (AGD66) co-ordinates of the
Johnston Geodetic Station and the national geodetic adjustment 1966 (referred to the Australian National
Spheroid), will be maintained in parallel with the GDA until its full implementation on 1st January 2000.


[Minister's second reading speech made in--
      Legislative Assembly on 25 June 1999
      Legislative Council on 1 July 1999]




                                             BY AUTHORITY



                                                                                               Page 17


 


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