(1) These regulations may be cited as the Survey (Departmental Fees and Charges) Regulations 1998.

(2) These regulations come into force on 1 July 1998.

The fees and charges specified in the Schedule are payable to the Department in respect of the services specified in the Schedule.

The charges set out in Part 6A of the Schedule do not include any statutory certification fee otherwise payable under Part 7(a) of the Schedule.

If a standard time-based charge is payable under these regulations in respect of any service, the charge payable in respect of the service concerned is an amount calculated by the chief executive of the Department, and comprises—

• (a) The cost of salaries incurred in respect of the provision of the service; and

• (b) A reasonable overhead charge; and

• (c) Goods and services tax.

(1) The appropriate fee for examining a plan, set out in Part 4 of the Schedule under the column headed “Fee for Limited Examination”, is payable if the service provided in examining the plan concerned involves no more than verifying that—

• (a) All new and existing parcels, rights, interests, and roads are correctly identified and described:

• (b) All the land under survey is accounted for:

• (c) The survey report and other documentation related to the plan is adequate:

• (d) The methodology used to define boundaries is adequate:

• (e) Any conflict with existing records identified by the survey has been resolved:

• (f) The surveyor's certifications are correct:

• (g) All required approvals and consents have been obtained:

• (h) The plan and any actions proposed by the plan comply with relevant enactments and rules of law.

(2) In any other case, the appropriate fee for examining a plan, set out in Part 4 of the Schedule under the column “Fee for Standard Examination”, is payable.

(1) Reasonable disbursements incurred by the Department in supplying any service specified in the Schedule are payable in addition to the appropriate fees and charges specified in that schedule.

(2) Where any machine or instrument is used or hired out in connection with the supply of any service, the following charges are payable:

• (a) The cost of using or hiring the machine or instrument; and

• (b) A reasonable return on capital to be fixed by the chief executive of the Department having regard to the expected life and usage of the machine or instrument.

(3) The charges specified in subclause (2) are payable in addition to the appropriate fees and charges specified in the Schedule.

The chief executive of the Department may authorise the refund or waiver of any fee or charge payable under these regulations, in whole or in part, in any case if the service—

• (a) Involves the supply of a product in bulk; or

• (b) Involves the supply of maps to any person appointed by the chief executive of the Department as a retailer of the Department's maps; or

• (c) Involves the supply of a product for use under or in connection with a licence granted by the Department; or

• (d) Is supplied for charitable purposes; or

• (e) Is supplied for promotional or publicity purposes.

(1) $1,565 of the fee specified in paragraph (b)(i) of Part 3A of the Schedule for the use of software enabling access to digitally mapped survey databases is waived in any case where a particular form of the software is authorised for the first time for use in a survey office or in a search agent office.

(2) In subclause (1),—

The fees and charges prescribed by or fixed by these regulations are inclusive of goods and services tax.

The Survey (Departmental Fees and Charges) Regulations 1993 are revoked.