Authorisation to attend to another surveyor’s plan
A plan lodged with NSW LRS may be requisitioned or a request for more information may be raised. Under the Surveying and Spatial Information Act 2002 (the Act), only the original surveyor that prepared and signed the plan may attend to the outstanding requisitions or provide the relevant further information. If the original surveyor is unable to respond due to any of the circumstances set out in section 9B(2) of the Act, the Surveyor General may issue a certification to that effect that enables an alternate registered surveyor to answer all or any of the outstanding items.
Section 9B is not applicable where:
the original surveyor has authorised another registered surveyor to act on their behalf and the alternative surveyor has accepted such responsibility or
the original surveyor’s practice has been taken over by another registered surveyor and the alternative surveyor has accepted such responsibility.
NOTE: Surveyors are strongly advised, prior to their retirement or the ceasing of their employment, to provide written authorisation to NSW LRS for another registered surveyor to answer future requisitions or requests. BOSSI or your professional industry associations will also be able to provide you further guidance in this regard. Contact email@example.com .
Request under section 9B(2) Surveying and Spatial Information Act 2002
Section 9B(2) of the Act may be invoked by the following:
the lodging party of the relevant plan or
the registered proprietor of the relevant land or
the registered surveyor seeking appointment.
The relevant plan must be signed by the original surveyor, lodged with NSW LRS and be under requisition or further information required regarding the plan must be outstanding (as distinct from a registered plan that contains errors that require attention). The original surveyor who prepared and signed the plan must be unable to attend to the requisitions or provide the relevant further information.
A request must be in writing and should refer to section 9B of the Act.
The request should also include:
the applicant’s contact details, such as a name, telephone number, email address and
the distinctive reference number of the lodged plan and
the details of the new registered surveyor and evidence they accept the nomination and
the reason the original surveyor cannot satisfy the outstanding requisitions or provide further information, if known.
A request submitted through NSW LRS must be either be submitted:
A request that is validly lodged with NSW LRS will be forwarded to the Registrar General. Under delegation from the Surveyor General, the Registrar General will consider the request and, if appropriate, issue a certification under section 9B of the Act. The Registrar General may contact the applicant directly about the request.
Once NSW LRS receives the certification from the Registrar General, NSW LRS will provide the requisitions or requests for further information to the newly appointed registered surveyor directly. NSW LRS will direct that surveyor to add the following notation to the plan form:
“PLAN AMENDED UNDER SECTION 9B SURVEYING AND SPATIAL INFORMATION ACT 2002 BY REGISTERED SURVEYOR *(insert registered surveyor name)* DATED *(insert date)*”
As an alternative to making an application to NSW LRS, a request can be made to the Registrar General directly. If a request is made directly to the Registrar General, the certification will need to be produced to NSW LRS, once issued. NSW LRS will then issue the requisitions or direct the request for further information to the newly appointed surveyor.