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Legislative Assembly for the ACT: 2001 Week 1 Hansard (13 February) . . Page.. 48 ..

MR SMYTH: Mr Speaker, that is not information I have to hand. I will have to take the member's question on notice.

Surveyors declaration forms

MR RUGENDYKE: Mr Speaker, my question is to the Urban Services Minister. Minister, I have a copy of the standard surveyors declaration form that is a scheduled form in the Land Titles (Unit Titles) Act 1970, relating to the duties of surveyors as part of the building certification process. I also have a copy of a completed surveyors declaration form for block 4, section 22, in the city, otherwise known as the Globe building. I seek leave to table these two forms, for the benefit of the minister and members. They relate to the question.

Leave granted.

MR RUGENDYKE: I present the following papers:

Surveyor's Declaration forms (2) (Land Titles (Unit Titles) Act 1970)-

Uncompleted copy of form.

Units Plan No 1903-Completed copy of form related to City, section 22, block 4, dated 13 October 2000 and registered on 20 November 2000 (Sheet No 3 of 51).

Minister, the standard form says that "the surveyor's diagram must include any encroachment by a building, including any material attached to it". But the Globe form has been changed to say that the diagram "must include any encroachment, not including any material attached to it". The word "not" has been inserted by the Unit Titles Office and signed off by the delegate of the minister.

Can the minister explain why the form signed by the surveyor for the Globe has been changed to the degree that it reverses the intent of the scheduled form under the act? If you take the question on notice, would you provide an explanation by the close of business today so that surveyors know where they stand?

MR SMYTH: Mr Speaker, I have never seen the forms. I will have to take advice from the department on why it was changed, and I will get back to the member as quickly as I can.

MR RUGENDYKE: Minister, I am aware that the Registrar-General's Office has legal advice concerning this scheduled form and his officers are refusing to sign that portion of the document, in some cases. Could the minister outline the concerns of the Registrar-General and provide a copy of the legal advice, also today, so that surveyors once again will have confidence in the process of carrying out their obligations?

MR SMYTH: Again, Mr Speaker, I will have to seek advice from the various officers in the various departments that cover this issue. I will endeavour to get it back as speedily as I can. I certainly cannot guarantee that it will be by close of business today.

Mr Humphries: I ask that further questions be placed on the notice paper, Mr Speaker.

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