Tasmanian Numbered Acts

SURVEYORS ACT 2002 (NO. 36 OF 2002) - SECT 3

3. Interpretation

      (1) In this Act, unless the contrary intention appears –

"authorised officer" means the Director or a person declared to be, or appointed as, an authorized officer under the Fair Trading Act 1990 ;

"Board" means the Surveyors' Board as constituted under the repealed Act immediately before the commencement day;

"commencement day" means the day fixed under section 2;

"court" means the Magistrates Court;

"Director" means the Director of Consumer Affairs;

"document" includes –

(a) a book, plan, paper, parchment or other material on which there is writing or printing, or on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and

(b) a disk, tape, paper or other device from which sounds or messages are capable of being reproduced;

"institution" means an institution or association representative of persons engaged in one or more survey disciplines which requires that its members comply with established institutional standards of ethical conduct and professional best practice;

"land" includes messuages, tenements and hereditaments, corporeal and incorporeal, of every kind and description (whatever may be the estate or interest in them);

"mutual recognition legislation" means the Mutual Recognition Act 1992 of the Commonwealth, the Mutual Recognition (Tasmania) Act 1993 of Tasmania or the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth;

"published" means published in such manner, whether by advertisement or otherwise, as the Surveyor-General thinks expedient;

"register" means the register of surveyors kept under this Act;

"registered land surveyor" means a person authorised by registration under this Act to undertake a survey of land;

"registered surveyor" means a person who is registered as a surveyor under this Act but, for the purpose of Part 4, does not include a person whose registration is suspended;

"registering authority" means a person or body having authority to require a survey to be carried out for a statutory purpose;

"regulations" means regulations made and in force under this Act;

"repealed Act" means the Land Surveyors Act 1909 ;

"survey" means the definition, redefinition, measurement, interpretation, marking or documentation of the geographic position, dimension, extent or relativity of points, lines and things on, above or below the surface of the earth, for any purpose authorised by any Act;

"survey mark" means any mark established by or on behalf of a surveyor which is used to identify and define any point or line of any survey and is –

(a) cut, etched, stamped or otherwise attached to, or placed in or on, any timber, stone, masonry or other material; or

(b) placed in or on the ground;

"surveyor" means a person who has acquired the minimum surveying qualifications, skills or experience necessary for membership of a relevant and nationally recognised institution;

"trim" means to cut, remove or otherwise modify any part of a tree or bush, only to the minimum amount necessary to accomplish a survey.

      (2) For the purposes of the definition of "land" in subsection (1), a person who has a licence to enter or remain on land is taken to have an interest in the land.