Statute Details
- Title: Boundaries and Survey Maps (Prescribed Fees) Rules 2001
- Type: Subsidiary legislation (SL)
- Act Code: BSMA1998-R2
- Authorising Act: Boundaries and Survey Maps Act 1998 (Section 21)
- Current version: 2025 Revised Edition (17 December 2025)
- Commencement (as indicated in the revised text): 1 April 2001
- Key provision: Section 2 (Fees) and the Schedule (Fees)
- Schedule: “Fees” (sets out the prescribed amounts)
- Legislative history (high level): Amended by S 500/2002, S 128/2005, S 33/2007, S 104/2009, S 615/2011, S 562/2014, S 313/2015; consolidated as 2025 RevEd
What Is This Legislation About?
The Boundaries and Survey Maps (Prescribed Fees) Rules 2001 (“the Fees Rules”) are subsidiary legislation made under the Boundaries and Survey Maps Act 1998. Their primary purpose is to regulate the fees payable for surveys and related boundary and survey-map work carried out by the Chief Surveyor. In practical terms, the Rules ensure that when land boundary demarcation and survey-map-related services are requested, the public and practitioners know the prescribed fee amounts and the payment mechanics.
While the underlying Act establishes the broader framework for boundaries and survey maps, the Fees Rules focus narrowly on the financial and administrative aspects of the Chief Surveyor’s services. The Rules do not themselves define survey procedures or substantive boundary law; instead, they sit alongside the Act and provide the “price list” and payment rules for the Chief Surveyor’s work.
From a practitioner’s perspective, the Rules are most relevant when advising clients on cost planning, timing of payment, and potential remissions or refunds. They also matter for disputes about whether fees were properly demanded, paid, or refundable—particularly because the Rules expressly address the Chief Surveyor’s discretion to remit or refund fees.
What Are the Key Provisions?
1. Payment of prescribed fees to the Chief Surveyor (Section 2(1))
Section 2(1) provides that the fees specified in the second column of the Schedule must be paid to the Chief Surveyor in the manner the Chief Surveyor may determine. This is an important administrative hook: it confirms that the Chief Surveyor controls the mode of payment (for example, payment channels, invoicing arrangements, or other administrative requirements), while the Schedule controls the amounts.
For legal practitioners, this means that challenges to fee demands will typically focus on whether the relevant matter falls within the first column of the Schedule (i.e., the described service), and whether the correct fee amount from the second column was applied. The “manner” of payment is likely to be treated as an operational matter within the Chief Surveyor’s discretion.
2. Fees payable in advance for surveys and related works (Section 2(2))
Section 2(2) states that the prescribed fees are payable in advance for surveys, including demarcation and emplacement of boundary marks, performed by the Chief Surveyor, and for any related works and services.
This provision is central to timing. “Payable in advance” indicates that the Chief Surveyor can require payment before commencing the relevant survey work. In practice, this affects how clients should structure instructions and budgets: delays in payment may delay the survey itself, and practitioners should ensure that payment arrangements are made early when a boundary survey or demarcation is required.
The phrase “including demarcation and emplacement of boundary marks” is also significant because it clarifies that boundary-mark work is within the scope of the fee regime. Additionally, the inclusion of “any related works and services” suggests that the Chief Surveyor may charge fees not only for the core survey activity but also for ancillary tasks that are properly characterised as related services under the Schedule.
3. Remission or refund of fees (Section 2(3))
Section 2(3) provides that the Chief Surveyor may remit or refund, wholly or in part, any fee paid or payable under the Rules. This is a discretionary relief provision. It does not create an automatic entitlement to a refund; rather, it confers power on the Chief Surveyor to grant relief depending on the circumstances.
For practitioners, this discretion is important in two scenarios: (i) where a client has already paid but the underlying work does not proceed as expected, and (ii) where a fee is payable but circumstances arise that justify partial or full remission. The provision’s breadth (“wholly or in part”) supports flexible outcomes.
4. Retrospective application of the refund/remission discretion (Section 2(4))
Section 2(4) states that Section 2(3) applies regardless of whether the fee was paid or payable before, on or after 1 June 2015. This is a notable legal drafting feature: it confirms that the Chief Surveyor’s remission/refund discretion is not limited to fees arising after a particular date. Instead, it extends to earlier fees as well.
From a dispute-management standpoint, this reduces arguments that a refund discretion is unavailable for older transactions. If a client paid fees prior to 1 June 2015 and later seeks remission or refund, Section 2(4) supports the position that the Chief Surveyor can still consider the request under Section 2(3). Practically, however, the client will still need to make a case for why remission/refund is appropriate; the provision is discretionary, not mandatory.
How Is This Legislation Structured?
The Fees Rules are structured in a compact form. They contain:
(a) Citation provision (Section 1): identifies the Rules by name.
(b) Operative fee provision (Section 2): sets out the general rules on payment, advance payment, and the Chief Surveyor’s discretion to remit or refund fees.
(c) Schedule: the Schedule is titled “Fees” and is the substantive repository of the fee amounts. It is organised so that the first column describes the relevant matter/service, while the second column specifies the corresponding fee.
Because the Schedule is where the amounts are located, practitioners should always cross-check the specific service being requested against the Schedule’s first-column description to ensure the correct fee is applied.
Who Does This Legislation Apply To?
The Fees Rules apply to fees payable to the Chief Surveyor in respect of surveys and related works and services within the boundaries and survey-map framework under the Boundaries and Survey Maps Act 1998. The immediate “payer” is typically the person or entity requesting the Chief Surveyor’s services—often landowners, developers, or other parties who require boundary demarcation and survey-map outputs.
Although the Rules are framed around payment to the Chief Surveyor, their practical effect is on any party who must commission or obtain official survey-related services under the Act. The Rules do not appear to impose regulatory obligations on the public beyond the payment regime; rather, they govern the cost and payment conditions attached to the Chief Surveyor’s work.
Why Is This Legislation Important?
Even though the Fees Rules are short, they are operationally significant. Boundary demarcation and survey-map work can be time-sensitive and costly. By prescribing fees and requiring payment in advance, the Rules provide certainty to the Chief Surveyor’s operations and to clients who need to plan for survey costs.
For practitioners, the Rules also offer a structured basis for advising on disputes and administrative requests. The Chief Surveyor’s discretion to remit or refund fees—coupled with the explicit statement that this discretion applies to fees paid or payable before, on, or after 1 June 2015—means that refund/remission requests are not automatically barred due to timing. This can be particularly relevant where work is delayed, cancelled, or otherwise does not proceed in the manner originally contemplated.
Finally, the Rules’ reliance on the Schedule underscores a key compliance point: correct fee assessment depends on matching the requested service to the Schedule’s description. In practice, errors in fee classification can lead to overpayment, payment delays, or administrative friction. A careful reading of the Schedule (and the service description in the first column) is therefore essential for accurate cost advice and for any subsequent correspondence or challenge.
Related Legislation
- Boundaries and Survey Maps Act 1998 (authorising provision: Section 21; provides the broader legal framework for boundaries and survey maps)
- Survey Maps (as referenced in the metadata timeline/related materials)
Source Documents
This article provides an overview of the Boundaries and Survey Maps (Prescribed Fees) Rules 2001 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.