Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697812399526.pdf (Nauru)
SURVEY Table of Contents Principal Survey Act 1961 Table of Provisions .

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Table of Amendments .

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Survey Act 1961 .

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Page 1125 1127 1129 1123 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6b/RON.SURVA Page: 1 Date: 8/8/2021 Time: 22:14:6 bwpageid:: 1123:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 1124 Job: (unknown)/ron_book/allvols/2021_vol6b/RON.SURVA Page: 2 Date: 8/8/2021 Time: 22:14:6 bwpageid:: 1124:: bwservice::0:: Survey Act 1961 TABLE OF PROVISIONS Section Title Short title and commencement Deﬁnitions Application of Act Registration of surveyors Licensing of ﬁeld officers Surveys to comply with this Act Certain instruments to be used in making surveys Measurement of lines Boundaries of land to be marked Re-surveys of land Fixing boundary when monument missing Datum line of azimuth Accuracy of survey Field notes Calculation of area Plans Certiﬁcate to be endorsed on plan of survey Penalty for incorrect certiﬁcate SCHEDULE 1125 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6b/RON.SURVA Page: 3 Date: 8/8/2021 Time: 22:14:6 bwpageid:: 1125:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 1126 Job: (unknown)/ron_book/allvols/2021_vol6b/RON.SURVA Page: 4 Date: 8/8/2021 Time: 22:14:6 bwpageid:: 1126:: bwservice::0:: Survey Act 1961 TABLE OF AMENDMENTS The Survey Act 1961 No 6 was made and commenced on 17 November 1961.
Amending Legislation Survey Ordinance 1963 No 1* Executive Council Ordinance 1966 No 3 Ordinances Revision Ordinance 1967 No 25 Certiﬁed Date of Commencement 18 September 1963 14 February 1966 29 December 1967 Statute Law Revision Act 2011 No 8 15 April 2011 Revised Written Laws Act 2021 No 7 1 June 2021 15 April 2011 1 June 2021 * The amendments from this instrument have been incorporated but have not been validated against the original source.
1127 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6b/RON.SURVA Page: 5 Date: 8/8/2021 Time: 22:14:6 bwpageid:: 1127:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 1128 Job: (unknown)/ron_book/allvols/2021_vol6b/RON.SURVA Page: 6 Date: 8/8/2021 Time: 22:14:6 bwpageid:: 1128:: bwservice::0:: An Act to regulate the making of surveys of land.
Adopted by the Parliament of Nauru as follows: 1 2 Short title and commencement This Act may be cited as the Survey Act 1961 and came into effect on 17 November 1961.
[s 1 subst Act 8 of 2011 s 12 and Sch 1 item 143, opn 15 Apr 2011] Deﬁnitions In this Act: ‘appropriate accuracy’, in relation to a survey, means the greatest accuracy that can reasonably be attained in making the survey; ‘ﬁeld officer’ means a person who holds a licence that is in force; ‘Government Surveyor’ means a public officer from time to time responsible for carrying out land and other surveys on behalf of the Republic; [def am Act 8 of 2011 s 12 and Sch 1 item 147, opn 15 Apr 2011] ‘licence’ means a licence to act as a ﬁeld officer granted by the Minister under Section 5; [def am Act 8 of 2011 s 12 and Sch 1 item 147, opn 15 Apr 2011] ‘monument’ means a natural or artiﬁcial object, or a point on such an object, used for the purpose of ﬁxing the location of a point; ‘official plan of survey’ means a plan of survey recorded at the Department of Land Management; ‘portion’ means a part of a District of Nauru, being a part that is speciﬁed on an official plan of survey of the District as a portion and referred to on the plan by a number; ‘survey’ means a survey of land made or to be made: (a) for the purposes of a law in force in the Republic relating to the alienation, leasing, occupation or subdivision of land in the Republic or relating to the titles to land in the Republic; (b) by the Republic; (c) at the request of the owner, lessee or mortgagee of the land or of a person interested in becoming the owner, lessee or mortgagee of the land; (d) in connexion with the resumption or acquisition of land in the Republic under the authority of a law in force, in the Republic; or (e) for the purpose of establishing the location of a public road, of a common, of a public reserve or of the boundary of any land; and [def am Act 8 of 2011 s 12 and Sch 1 item 147, opn 15 Apr 2011] ‘surveyor’ means a person who is registered as a surveyor under Section 4.
[def am Act 8 of 2011 s 12 and Sch 1 item 145, opn 15 Apr 2011] 3 Application of Act This Act does not prevent a survey being made otherwise than in accordance 1129 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6b/RON.SURVA Page: 7 Date: 8/8/2021 Time: 22:14:6 bwpageid:: 1129:: bwservice::0:: 4 LAWS OF THE REPUBLIC OF NAURU s 3 with this Act, but a plan of survey prepared as a result of a survey made otherwise than in accordance with this Act shall not be recorded at the Department of Land Management or used for the purpose of any law.
[s 3 am Act 8 of 2011 s 12 and Sch 1 item 145, opn 15 Apr 2011] [s 3 amended by Law Revision Commission pursuant to s 9 of the Law Revision and Consolidation Act 2019] Registration of surveyors (1) The Cabinet may, on application by a person, register the person as a surveyor if: (a) the person is authorised under a law of a State or Territory of Australia, or New Zealand, to practise as a surveyor; and (b) the Cabinet is satisﬁed the person is a ﬁt and proper person to be registered as a surveyor.
[subs (1) subst Act 8 of 2011 s 12 and Sch 1 item 144, opn 15 Apr 2011] (2) The Cabinet may require an applicant to furnish to the Cabinet such information relevant to the application as the Cabinet thinks ﬁt, and may refuse to register the applicant as a surveyor until the applicant furnishes that information.
[subs (2) am Act 8 of 2011 s 12 and Sch 1 item 146, opn 15 Apr 2011] (3) Where the Cabinet is satisﬁed that a surveyor has, in making a survey, contravened or failed to comply with a provision of this Act, the Cabinet may, by notice in writing to the surveyor, cancel the registration of that surveyor.
[subs (3) am Act 8 of 2011 s 12 and Sch 1 item 146, opn 15 Apr 2011] 5 Licensing of ﬁeld officers (1) The Minister may grant a licence to act as a ﬁeld officer to a person: (a) who is a public officer; and (b) who produces a certiﬁcate by the Government Surveyor certifying that person is competent to carry out cadastral surveys on his or her own responsibility.
[s 5 am Act 8 of 2011 s 12 and Sch 1 item 147, opn 15 Apr 2011] (2) Where the Minister is satisﬁed that a ﬁeld officer has, in making a survey, contravened or failed to comply with a provision of this Act, the Minister may, by notice in writing to the ﬁeld officer, cancel the licence of that ﬁeld officer.
[subs (2) am Act 8 of 2011 s 12 and Sch 1 item 145, 147, opn 15 Apr 2011] (3) A ﬁeld officer’s licence shall expire, where it has not already been cancelled when the ﬁeld officer ceases to be an officer or employee of the Public Service unless it has been earlier cancelled.

6 Surveys to comply with this Act (1) After the commencement of this Act, a survey shall not be made, except in accordance with this Act and: (a) by, or under the personal supervision of, a surveyor; or (b) by a ﬁeld officer.
Service 0 1130 Job: (unknown)/ron_book/allvols/2021_vol6b/RON.SURVA Page: 8 Date: 8/8/2021 Time: 22:14:6 bwpageid:: 1130:: bwservice::0:: s 12 SURVEY ACT 1961 (2) Every plan representing a survey made after the commencement of this Act shall be a correct delineation of the boundaries of the land surveyed as marked or pegged on the ground.
[subs (2) subst Ord 1 of 1963, opn 18 Sep 1963] [s 6 am Act 8 of 2011 s 12 and Sch 1 item 145, opn 15 Apr 2011] Certain instruments to be used in making surveys In making a survey, angles shall be measured by means of a theodolite in accurate adjustment, and distance shall be measured by means of a steel or invar band approved by the Government Surveyor.

Measurement of lines In making a survey, a line shall be measured by the most direct method that is reasonably practicable.
Boundaries of land to be marked A surveyor or ﬁeld officer shall, in the course of making a survey of land, mark in a distinctive and durable manner any boundary of the land that is not so marked and, if the land has been or is being sub-divided into two or more parcels of land, any boundary of such a parcel that is not so marked.
Re-surveys of land Where land is being re-surveyed, the boundaries of the land as marked on the ground shall be deemed to be the true boundaries of the land notwithstanding that those boundaries do not correspond with the boundaries of the land as shown on a relevant plan of the land.
Fixing boundary when monument missing (1) Where, in the course of surveying land, an existing monument relevant to establishing the position of a boundary of the land cannot be located after diligent search, the surveyor or ﬁeld officer making the survey shall, after investigating fully the position of the boundary, determine the position of the boundary by reference to the boundaries of the adjacent parcels of land and to such other matters relevant to determining the position of that boundary as he or she found in the course of the investigation.
(2) For the purposes of subsection (1), an “existing monument”, in relation to land, means a monument the position of which was ﬁxed in the course of surveying other land.

Datum line of azimuth (1) A surveyor or ﬁeld officer shall not adopt a line as the datum line of azimuth of a survey unless he or she has determined the position of the monuments that establish the position of the line.
(2) A surveyor or ﬁeld officer shall, in relation to the line adopted as the datum line of azimuth of a survey: (a) if the bearing of the azimuth of the line is shown on a plan of survey recorded at the Department of Land Management, accept the bearing so shown as the correct bearing of the azimuth for the purposes of the survey; or 1131 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6b/RON.SURVA Page: 9 Date: 8/8/2021 Time: 22:14:6 bwpageid:: 1131:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 12 (b) in any other case, determine the bearing of the azimuth by astronomical observations.
13 Accuracy of survey (1) The accuracy of the measurement of each line which forms part of a surround of land being surveyed shall be checked by calculating, to two places of decimals, the length of the line by the method known as the closure of the latitudes and departures.
(2) Land shall not be deemed to have been surveyed with appropriate accuracy unless the ratio of the sum of the differences of the latitudes and departures of the perimeter to the sum of the latitudes and departures of the perimeter does not exceed the ratio of one to six thousand.

14 Field notes (1) A surveyor or ﬁeld officer shall make complete ﬁeld notes of every survey made by him or her.
(2) The ﬁeld notes shall be deemed not to be complete for the purposes of subsection (1) unless: (a) the ﬁeld notes are neat, precise and readily intelligible; (b) the ﬁeld notes contain all the information necessary for the preparation of a full and accurate plan of the survey; (c) the ﬁeld notes contain full particulars of all astronomical observations made in connexion with the survey; (d) all bearings entered in the ﬁeld notes are expressed in degrees, minutes and seconds of are calculated clockwise from zero to 360 degrees; (e) the names of all relevant estates, and the numbers of relevant portions, are shown in the ﬁeld notes; (f) the ﬁeld notes state that the survey is a survey of land in Nauru and contain particulars of the date on which the survey was made; (g) the ﬁeld notes specify the nature and position of each monument located in the course of making the survey and, if the surveyor or ﬁeld officer was unable, after diligent search, to locate an existing monument: (i) full particulars of the investigations carried out by that surveyor or ﬁeld officer in endeavouring to ﬁnd the monument; (ii) the point that he or she has determined to be the position of the monument; and (iii) all measurements taken by him or her in relation to that point upon the assumption that point is the position at which the monument should be; and (h) the ﬁeld notes specify the position of the datum line and the origin of the azimuth adopted for the purposes of the survey.
[subs (2) subst Ord 1 of 1963, opn 18 Sep 1963] (3) For the purposes of subsection (2), “existing monument” has the same meaning as in Section 11(2).
[subs (3) am Act 8 of 2011 s 12 and Sch 1 item 145, opn 15 Apr 2011] (4) Particulars of each fact found, bearing taken and measurement and observation made for the purpose of a survey shall be entered in the ﬁeld Service 0 1132 Job: (unknown)/ron_book/allvols/2021_vol6b/RON.SURVA Page: 10 Date: 8/8/2021 Time: 22:14:7 bwpageid:: 1132:: bwservice::0:: s 18 15 16 17 18 SURVEY ACT 1961 notes immediately after the fact was found, the bearing was taken or the measurement of observation was made, as the case may be.
[subs (4) subst Ord 1 of 1963, opn 18 Sep 1963] Calculation of area The area of a parcel of land of irregular shape shall be calculated by the method known as double longitudes.

Plans (1) Where a surveyor or ﬁeld officer prepares a plan representing a survey, he or she shall mark on the plan the datum line of azimuth of the survey by distinguishing letters placed at the ends of the line, and shall indicate on the plan the nature of the marks which deﬁne that line.
(2) A surveyor or ﬁeld officer making a survey shall cause a plan representing the survey, and his or her ﬁeld notes relating to the survey, to be deposited with the Government Surveyor, and shall satisfy the Government Surveyor that the survey was made in accordance with this Act.
[subs (2) am Act 8 of 2011 s 12 and Sch 1 item 145, opn 15 Apr 2011] (3) When the Government Surveyor is satisﬁed that a survey was made in accordance with this Act and that the plan of the survey deposited with him or her truly represents the survey, he or she shall initial the plan and forward a copy of the plan to the Nauru Lands Committee.
[subs (3) am Act 8 of 2011 s 12 and Sch 1 item 145, opn 15 Apr 2011] Certiﬁcate to be endorsed on plan of survey A surveyor or ﬁeld officer shall endorse on a plan that purports to represent a survey made by him or her in accordance with this Act a certiﬁcate in accordance with the form in the Schedule.
[s 17 am Act 8 of 2011 s 12 and Sch 1 item 145, opn 15 Apr 2011] Penalty for incorrect certiﬁcate A person shall not endorse, on a plan that purports to represent a survey, a certiﬁcate in accordance with the form in the Schedule unless: (a) that person is a surveyor or a ﬁeld officer; (b) if that person is a surveyor, the survey was made by him or her or under his or her personal supervision or, if that person is a ﬁeld officer, the survey was made by him or her; (c) the survey was made with appropriate accuracy; (d) the survey was made in accordance with the provisions of this Act; (e) the survey is truly represented by the plan; and (f) the survey was completed on the date stated in the certiﬁcate to be the date when the survey was completed.
Penalty: $100 [s 18 am No 25 of 1967 s 4 and Sch 2, opn 29 Dec 1967; Act 8 of 2011 s 12 and Sch 1 item 145, opn 15 Apr 2011] 1133 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6b/RON.SURVA Page: 11 Date: 8/8/2021 Time: 22:14:7 bwpageid:: 1133:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 1134 Job: (unknown)/ron_book/allvols/2021_vol6b/RON.SURVA Page: 12 Date: 8/8/2021 Time: 22:14:7 bwpageid:: 1134:: bwservice::0:: SCHEDULE REPUBLIC OF NAURU SURVEY ACT 1961 [Sch am Act 8 of 2011 s 12 and Sch 1 clause 145, 147, opn 15 Apr 2011] [Section 17] CERTIFICATE BY A * REGISTERED SURVEYOR.
* LICENSED FIELD OFFICER.

I, a person * registered as a surveyor under * licensed to act as a ﬁeld officer under the Survey Act 1961 hereby certify that the survey purportedly represented by this plan - (a) was made * by me; * under my personal supervision; (b) was made with appropriate accuracy; (c) was made in accordance with the provisions of the Survey Act 1961; (d) (e) is truly represented by this plan; and on [date].

Signature of * Registered Surveyor.


* Licensed Field Officer Date: * Strike out whichever is inapplicable.

1135 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6b/RON.SURVA Page: 13 Date: 8/8/2021 Time: 22:14:7 bwpageid:: 1135:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 1136 Job: (unknown)/ron_book/allvols/2021_vol6b/RON.SURVA Page: 14 Date: 8/8/2021 Time: 22:14:7 bwpageid:: 1136:: bwservice::0::