John E' Tulloch

1
Victorian
Land Administration System
451-418 Land Administration 6 May 2004
John E. Tulloch Surveyor-General of Victoria
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Outline
Office of Surveyor-General

• Victorias Cadastral System
• Key Legislation
• Current Government Initiatives
• Overview of Surveying in Victoria
• Roles
• Conclusion

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Elements of the Cadastral System
Office of Surveyor-General

• Definition
• a parcel based and up-to-date land
  administration system, comprising physically
  delineated boundaries, and datasets,containing-
  a record of interests in land (ie rights,
  restrictions and responsibilities)including a
  geometric description of land parcels linked to
  other records describing- nature of interests-
  ownership or control of those interests-
  valuation of parcels and improvementsestablished
  for- fiscal (valuation/taxation) and legal
  (conveyancing) purposes- assisting in management
  of land and land use- enabling sustainable
  development and environmental protection

See FIG 1991
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Elements of the Cadastral System
cont.
Office of Surveyor-General

• Community requirements and expectations- title
  will accurately reflect land- lending
  institutions will have confidence in title-
  boundaries efficiently, accurately and
  economically determined
• Land registration administration
• Spatial component - Survey Plans (DCDB)
• Valuation
• Crown land management

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Significance of Victorias Cadastre
Office of Surveyor-General

• Real property is a major component of the
  Victorian economy
• - Value of rateable property (? A 650b)
• - Value of property sales (? A 35b)
• - Stamp Duties (land transfers, mortgage ? A
  2b) - Land Tax (? A 650m)
• Land Registry (Titles Office) dealings
• - affecting cadastral structure (spatial) ?
  25,000 fees ? 10m
• - not affecting structure (textual) ? 775,000
  fees ? 177m
• - Landata fees ? 24m
• Crown Land, Parks and Reserves
• - intrinsic value to public
• - Native Title interests

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Status of the Cadastre in Victoria
Office of Surveyor-General

• 2.5 million land parcels
• ? 10,000 plans lodged annually
• ? 50,000 titles created last year
• Governments guarantee of title- proprietors
  ownership of land (name as shown in the
  register)- does NOT extend to boundaries
• State DCDB (Vicmap Property) is an index to the
  cadastre - not survey accurate and not used for
  registration

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Key Legislation
Office of Surveyor-General

• Surveyors Act 1978
• framework for regulation of Surveyors
• standards of land surveys
• Surveyors Board powers functions
• Survey Coordination Act 1958
• co-ordination of survey activity
• establishment of permanent marks datums
• Land Act 1958
• Alienation disposal of Crown Land
• National Parks Reserves (e.g. State Forests)
• Crown Land held under lease/licence
• Local Government Act 1989
• dealing with roads road status

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Key Legislation
Office of Surveyor-General

• Planning and Environment Act 1987
• Framework for planning the use, development and
  protection of land
• Planning Schemes, Permits and disputes (VCAT)
• Development Guidelines and Codes (ResCode)
• Subdivision Act 1988
• registration and certification procedures for
  subdivisions/consolidations
• dealing with rights and interests (incl.
  easements, body corporates, acquisitions)
• Responsibilities of Councils, Referral
  Authorities and Land Registry in subdivision
  process.
• Sale of Land Act 1962
• s.8A details which land can be disposed of
  without being subdivided

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Key Legislation
Office of Surveyor-General

• Property Law Act 1958
• Dealing with Crown Boundaries
• Margin of error allowed for describing Boundaries
• Transfer of Land Act 1958
• Creating Torrens Title (conversion of General Law
  land NUA)
• Amending title (s.103, s.99, s.60)
• Registering interests in land (incl. easements)
• Limitation of Actions Act 1958
• Action to recover land
• rights of possession and extinguishing title

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Current Government Initiatives
Office of Surveyor-General

• Land Exchange- Electronic Conveyancing- SPEAR
  (Streamlined Planning through Electronic
  Applications Referral)
• Surveying Bill 2004- National Competition
  Policy- defining roles and responsibilities of
  Surveyor General- expanded Board- annual
  registration linked to CPD- updated disciplinary
  provisions- appeals via VCAT - ID cards-
  removal of General Registration

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Land Surveying Historical Overview
Office of Surveyor-General

• 1803 - Charles Grimes maps Port Phillip (incl.
  Maribyrnong Yarra R)
• 1837 - Robert Hoddle arrived in Port Phillip
  - Surveying for Land Settlement
• 1851 - Proclamation of Victoria
• 1885 - Royal Commission on Land Titles and
  Surveying
• 1892 - Surveyors Board of Victoria established
• 1896 - Modern Licence introduced
• 1958 - Current Survey Coordination Act
• 1978 - Current Surveyors Act
• 1995 - Cadastral Surveyors Regulations
• 2004 - Surveying Bill introduced to Parliament in
  May

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Licensed Surveyors in Victoria
Office of Surveyor-General

• ? 1000 Licensed Surveyors on Register
• ? 15 Surveyors with General Registration
• Graduates in surveying/geomatics ? 80 per year
• 43 new training agreements registered in last 2
  years
• 37 surveyors licensed in last 2 years
• ? 70 of surveyors over 50 years old
• Licensed for Life (Currently)
• ? 350 Surveyors regularly lodge plans
• 600 Surveyors actively practising

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Surveyors Board of Victoria
Office of Surveyor-General

• Statutory Body for the Regulation of Surveyors
  and Surveying in Victoria
• Government, Industry, Academia and Community
  Representatives
• Establishes and maintains Survey Practice
  Standards and Guidelines
• Accredits Surveying/Geomatics courses gt Training
  Agreements
• Examines Competency for Registration and
  Licensing
• Maintains the Register of Surveyors
• Advises Government on Surveying Issues

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Role of Surveyor-General
Office of Surveyor-General

• Governments primary authority on surveying and
  land boundaries
• Set and monitor standards for surveying and
  survey information
• Monitor surveying matters affecting Victorian
  Cadastral System
• Boundary determination
• Policy and technical advice
• Surveying infrastructure
• CPO and Crown Plan Registrations
• Electoral Boundaries Commissions (Federal and
  State)
• Verification Authority for Length
• Drive change and improvements in regulation and
  co-ordination of surveying and spatial
  information

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Role of Licensed Land Surveyors
Office of Surveyor-General

• Agent of Crown
• Responsibilities to Crown, client and community
• Relationship with local government and the
  development industry
• Facilitators of development
• Maintaining a broad perspective of their role
• - professional values
• - spatial information expertise

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Conclusion
Office of Surveyor-General

• Significance of Victorias Cadastre
• Surveyors primary role in the Cadastre and
  Spatial Data Infrastructure
• Surveyors primary role in the States Property
  Registration System
• Surveyors primary role in development
• Relevance of survey reform to land economy
• Significant role surveyors play in the broader
  land administration agenda