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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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