Licensed Surveyors Act 1909
Reprinted as at 22 November 2002
What the reprint includes
Endnotes, Compilation table
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2.Validation, transitional, savings, or other provisions identified in the Compilation table
3.A table
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1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
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Western Australia
Licensed Surveyors Act 1909
CONTENTS
1.Short title and commencement1
2.References to licensed surveyor1
3.Interpretation2
4.Constitution of Board4
5.Rules6
6.Secretary and other officers6
7.Persons entitled to be licensed7
8.Board may require the attendance of certain persons7
9.Certificates of competency8
10.Reciprocity9
11.Licences10
11A.Practising certificates10
11B.Continuing education11
12.Register of licensed surveyors12
13.Copy of register to be published13
14.Certain entries to be erased or corrected13
16.Powers of licensed surveyors14
17.Surveyor may enter upon lands14
18.Plan to be approved by Surveyor General15
19.Surveyors to correct errors at their own expense15
20.Surveyor not to be interested16
20A.Cancellation of licence or practising certificate at request of licensed surveyor16
21.Power of Board to deal with misconduct17
21A.Alteration and removal of licence or practising certificate conditions22
22.Charge against surveyor, how dealt with22
22A.Appeals23
23.Offences24
24.Board may sue and be sued24
24A.Protection from liability for wrongdoing25
25.Application of funds25
25A.Accounts25
25B.Audit25
25C.Annual report26
26.Regulations26
26A.Professional indemnity insurance28
27.Evidence31
30.Proceedings for offences31
Second Schedule — Rules for the conduct of the Board32
Third Schedule34
Notes
Provisions that have not come into operation36
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Western Australia
Licensed Surveyors Act 1909
An Act to provide for the registration and licensing of land surveyors; to control the practice of such surveyors, and for other purposes incidental thereto.
1.Short title and commencement
This Act may be cited as the Licensed Surveyors Act 1909 1, and shall come into operation on 1 January 1910.
2.References to licensed surveyor
[Paragraph omitted under the Reprints Act 1984 s. 7(4)(e) and (f).]
Wherever in any enactment reference is made to a licensed surveyor, such reference shall be deemed to mean a surveyor licensed under this Act.
[Section 2 amended by No. 79 of 1996 s. 4.]
(1)In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively: —
“Authorised Survey
(a)under any Act dealing with the alienation, leasing or occupation of Crown lands, or under the Transfer of Land Act 1893, or any other Act affecting titles to land; or
(b)by the proprietor, lessee or mortgagee under any Act affecting titles to land,
including —
(c)a survey of land which re‑establishes the boundaries previously established by a survey of land so authorised or required, if that re‑establishment —
(i)involves the placement, replacement or relocation of any survey mark; or
(ii)is followed by advice for the purpose of enabling the boundaries of the land in question to be located,
or both so involves and is so followed; and
(d)the lodgment of a plan with a Government department for acceptance or adoption by that department —
(i)as a plan of an authorised survey, if that plan is certified or otherwise held out as having been created from the result of an authorised survey, or as describing the boundaries of land within or the subject of that plan, which land is to be the subject of an authorised survey before that plan is approved under section 18; or
(ii)as a compiled plan, if that plan is certified or otherwise held out as having been created from one or more authorised surveys recorded on plans approved under section 18, from field records that have been lodged, or from both.
“Board
“Institute
“Licence
“Licensed Surveyor
“Practising Certificate
“Prescribed
“Reciprocating State
“Register
“Secretary
“Standard Period
“Survey Mark
“Surveyor General
“This Act
(2)A reference in this Act to practising as a licensed surveyor includes a reference to certifying plans, diagrams, maps and other documents which are required under this Act or any other written law to be certified by licensed surveyors.
[Section 3 amended by No. 16 of 1940 s. 2; No. 107 of 1976 s. 3; No. 79 of 1996 s. 5.]
(1)There shall be a Land Surveyors Licensing Board which shall consist of —
(a)the Surveyor General who shall be ex officio
(b)2 members, at least one of whom shall be a licensed surveyor, appointed by the Governor on the nomination of the Surveyor General;
(c)2 members, who shall be licensed surveyors, appointed by the Governor on the nomination of the Institute;
(d)one member, who shall be a member of the teaching staff of the course of surveying of an educational institution in this State, appointed by the Governor on the nomination of the educational institution being a nomination made in accordance with subsection (4a).
[(1a)Omitted under the Reprints Act 1984 s. 7(4)(e).]
(2)The members of the Board, other than the Surveyor General, shall go out of office on 31 December in every year but shall be eligible for reappointment and shall be deemed to hold office until the appointment of their successors.
(3)The Governor may, on the recommendation of a majority of the members of the Board, remove any member other than the Surveyor General, from the Board.
(4)Whenever a vacancy occurs on the Board by reason of the removal, death, or resignation of any member other than the Surveyor General, the Governor shall, after nomination, appoint a member to fill the vacancy. If the member whose seat has become vacant was nominated by the Institute, the person to fill the vacancy shall be nominated by the Institute, and, if by the Surveyor General, he
(4a)In relation to the appointment of a member pursuant to subsection (1)(d), the Surveyor General shall —
(a)in respect of the occasion of the first appointment of a member as soon as practicable after the coming into operation of section 4 of the Licensed Surveyors Act Amendment Act 1976 1; and
(b)prior to each occasion thereafter when the office becomes vacant by effluxion of time but not later than 1 November in every year,
by notice in writing request an educational institution in this State providing a course in surveying to nominate a member of the teaching staff of the course of surveying of the institution who is willing to act as member of the Board.
(5)Subject to subsection (5a), whenever the Surveyor General, the Institute or an educational institution neglects or omits to nominate for appointment —
(a)on or before 1 December in every year the members or member of the Board, as the case requires, whom the Surveyor General, the Institute or that institution, as the case may be, is entitled under the provisions of subsection (1)(b), (c) or (d) to nominate for the then ensuing year;
(b)within one month from the date of the removal, death or resignation of a member of the Board, a person whom the Surveyor General, the Institute or that institution, as the case may be, is entitled under the provisions of subsection (4) to nominate to fill the vacancy caused thereby,
the Governor may appoint as members or a member of the Board for the then ensuing year, or to fill such vacancy, the persons or person nominated by a majority of the existing Board.
(5a)The Surveyor General shall, in the request made pursuant to subsection (4a)(a), specify the date on or before which the nomination shall be made and where the educational institution neglects or omits to nominate a member of the Board on or before that date the Governor may appoint as member of the Board for the then ensuing year the person nominated by a majority of the existing Board.
(6)All nominations for membership of the Board shall be in writing.
(7)All appointments of members shall be notified in the Government Gazette
[Section 4 amended by No. 107 of 1976 s. 4.]
The rules set forth in the Second Schedule shall apply to the business, conduct, and proceedings of the Board.
6.Secretary and other officers
(1)The Board may from time to time appoint a secretary and such examiners and other officers as they think necessary for giving effect to this Act.
(2)All such persons shall hold office during the pleasure of the Board.
(3)The Board, with the approval of the Governor, may pay the secretary and other officers such salaries, fees, or allowances as they think fit.
(4)The members of the Board may receive such fees as the Governor may approve.
7.Persons entitled to be licensed
Subject to this Act, a person is entitled to a licence if the person applies for a licence in the prescribed form and in so doing transmits to the Board the prescribed application fee, and proves to the satisfaction of the Board that he
(a)has attained the age of 18 years and is of good fame and character;
(b)has obtained the prescribed certificate of competency, or is qualified to practise as a surveyor in any reciprocating State and has complied with all the requirements of this Act
(c)has made a declaration before a justice in the form set out in the Third Schedule.
[Section 7 inserted by No. 79 of 1996 s. 6.]
8.Board may require the attendance of certain persons
(1)The Board may require the attendance of any person —
(a)who applies for the issue of a licence under this Act;
(b)who applies for the renewal of a practising certificate under this Act and in respect of whom the Board wishes to determine whether or not a requirement made under section 11B(1) has been complied with; or
(c)in respect of whom an inquiry is to be held under section 22,
and of any other person, and may examine or question any such persons or any witnesses who may attend before the Board, upon oath, affirmation, or otherwise, and for any such purpose the chairman may administer an oath or affirmation.
(2)Every summons issued by the Board requiring the attendance of any person or the production of any documents shall have the same effect as a subpoena issued by the Supreme Court in a civil action; and the obedience thereto or non‑observance thereof may be enforced and punished by a Judge of the said
[Section 8 amended by No. 79 of 1996 s. 7.]
(1)Subject to this section, the Board shall issue a certificate of competency to —
(a)a person who has passed the prescribed examination and fulfilled all the prescribed conditions; or
(b)a person who holds a degree, diploma, certificate or licence granted in or outside this State by some university, institute of technology, college or other public educational institution that is recognised by the Board as providing, together with such other qualifications (if any) by way of examination or field service, or both, as may be prescribed, sufficient evidence of the possession by the holder thereof of the requisite knowledge and skill for the efficient practice of the profession of surveying.
(1a)A person is not eligible to be issued with a certificate of competency under subsection (1)(a) unless —
(a)he
(i)has, after the coming into operation of section 6 of the Licensed Surveyors Act Amendment Act 1976 1, but on or before the prescribed date, entered into articles of apprenticeship or pupilage pursuant to the regulations; and
(ii)satisfies the Board that he
(1b)In subsection (1a) “prescribed date” means 31 March 1979 or such later date as is prescribed.
(2)No person shall be admitted to the final examinations prescribed for the purposes of subsection (1)(a) unless he
(3)The Board, instead of requiring any person to pass an examination prescribed for the purposes of subsection (1)(a) may accept in substitution for that examination a certificate of examination in any subject or subjects granted by any Australasian university or any university recognised by an Australasian university, or by any public educational institution now or hereafter to be established in Western Australia.
Such certificate of examination shall have the like force and effect as if such examination had been held by the Board.
[Section 9 amended by No. 107 of 1976 s. 6; No. 79 of 1996 s. 8.]
(1)(a)The Board may enter into a reciprocal arrangement with the Surveyor’s Board or other competent authority of any State, Colony, or Dominion within Her Majesty’s Dominions for the recognition of the status of any person authorised by such Board or other authority to practise as a surveyor in such State, Colony, or Dominion and for the issue to that person of a licence under this Act.
(b)Any such arrangement may contain a condition that any such person applying for the issue of a licence under this Act shall furnish additional evidence of character and competency to the satisfaction of the Board.
(2)In order to avoid any doubt which but for the enactment of this subsection
[Section 10 amended by No. 14 of 1958 s. 2; No. 79 of 1996 s. 9.]
Every licence issued under this Act shall be in the prescribed form and shall be signed by not less than 2 members of the Board and countersigned by the secretary.
(1)Subject to this Act, a licensed surveyor is entitled to a practising certificate if the licensed surveyor applies for a practising certificate in the prescribed form and in so doing transmits to the Board the prescribed application fee.
(2)A person who was, immediately before the commencement of section 10 of the Licensed Surveyors Amendment Act 1996 1, a licensed surveyor is to be regarded as holding a practising certificate which expires on 31 December following that commencement.
(3)Subject to this section, a practising certificate issued to or renewed by a licensed surveyor under this Act, on or after the commencement referred to in subsection (2), takes effect for the standard period for which the prescribed fee has been paid —
(a)on the day of that issue or renewal; or
(b)on the day of expiry of any existing practising certificate held by the licensed surveyor,
whichever is the later.
(4)Subject to subsection (5), a licensed surveyor who wishes to renew his
(5)If an application for the renewal of a practising certificate is made less than 30 days before the expiry of the practising certificate or on or after that expiry, the Board may, if it considers that there is a satisfactory explanation for the late making of that application, deal with that application under subsection (6) and may in so doing subject the practising certificate to such conditions as the Board thinks fit to impose.
(6)Subject to section 11B, if the Board is, on receiving —
(a)an application for the renewal of a practising certificate;
(b)the prescribed renewal fee; and
(c)if that application is an application referred to in subsection (5), the prescribed late renewal fee,
satisfied that the applicant remains entitled to a practising certificate, the Board shall, subject to any regulations referred to in section 26A, renew the practising certificate held by the applicant for the standard period for which the prescribed renewal fee has been paid.
[Section 11A inserted by No. 79 of 1996 s. 10.]
(1)The Board may require licensed surveyors holding practising certificates to attend specified courses, to gain specified experience, or to take other specified action, within a specified period for the purpose of maintaining or improving their knowledge and skills in the practice of the profession of surveying.
(2)If the Board is not satisfied that a licensed surveyor has complied with requirements specified under subsection (1), the Board may —
(a)suspend the practising certificate of the licensed surveyor until specified conditions are fulfilled;
(b)renew the practising certificate of the licensed surveyor subject to specified conditions, which may include a condition specifying the standard period for which that practising certificate is renewed;
(c)refuse to renew the practising certificate of the licensed surveyor until specified conditions are fulfilled; or
(d)refuse to renew the practising certificate of the licensed surveyor.
(3)If the Board refuses to renew a practising certificate until specified conditions are fulfilled, the practising certificate is, on the fulfilment of those conditions, to be renewed for the standard period specified by the Board or, if no standard period is so specified, the standard period for which the prescribed fee has been paid.
(4)The Board may charge such fees as are approved by the Minister in relation to the provision of courses or other services for the purposes of this section
(5)In this section —
“specified
[Section 11B inserted by No. 79 of 1996 s. 10.]
12.Register of licensed surveyors
(1)The Board shall cause a register to be kept which shall contain names, addresses, and qualifications of all licensed surveyors, the respective dates on which they were registered, and such other particulars as may be prescribed.
(2)The register shall be open to inspection by any person on payment of the prescribed fee.
13.Copy of register to be published
(1)The Board shall, in the month of January in each year publish in the Government Gazette
(2)A copy of any entry in the register, purporting to be certified by the chairman or secretary as a true copy, shall in all proceedings whatsoever be prima facie
(a)is a licensed surveyor;
(b)holds or does not hold a practising certificate;
(c)possesses the qualifications therein mentioned;
(d)has had his
(e)has had his
as the case requires.
[Section 13 amended by No. 79 of 1996 s. 11.]
14.Certain entries to be erased or corrected
(1)The Board shall from time to time erase any entry in the register which is proved to their satisfaction to have been fraudulently or incorrectly made.
(2)Every licensed surveyor on changing his
(3)The Registrar of Births, Deaths and Marriages on registering the death of any licensed surveyor shall forthwith give notice thereof by post to the secretary.
(4)The secretary shall from time to time erase the names of all surveyors whose names appear on the register and who have died, and shall make such alterations and amendments in the register as the Board may from time to time direct, for the purpose of making the same an accurate record of the names, addresses, and qualifications of the surveyors whose names appear on the register for the time being.
(5)Any name erased from the register under this section may be restored by the Board.
[Section 14 amended by No. 79 of 1996 s. 12; No. 40 of 1998 s. 15.]
[15. Repealed by No. 79 of 1996 s. 1
16.Powers of licensed surveyors
(1)A surveyor duly licensed under this Act shall be entitled to practise his
[(2)repealed]
(3)A person shall not practise as a licensed surveyor unless he
(3a)A person shall not make or attempt to make any authorised survey unless he
(4)Any person who practises as a licensed surveyor or makes or attempts to make any authorised survey, contrary to this section, commits an offence and is liable to a penalty not exceeding $10 000.
[Section 16 amended by No. 113 of 1965 s. 8; No. 107 of 1976 s. 7; No. 79 of 1996 s. 14.]
17.Surveyor may enter upon lands
(1)In making any authorised survey or for any purpose relating thereto, a licensed surveyor who holds a practising certificate may, with his
(2)This section shall not, however, exempt any licensed surveyor from liability for any damage he
(3)Any person obstructing a licensed surveyor or his
[Section 17 amended by No. 113 of 1965 s. 8; No. 79 of 1996 s. 15.]
18.Plan to be approved by Surveyor General
An authorised survey, other than a survey referred to in paragraph (c) of the definition of “Authorised Survey” in section 3(1), shall not be accepted or adopted by any Government department unless a plan of such survey has been lodged with and approved by the Surveyor General or other person appointed by the Governor to approve plans of authorised surveys.
[Section 18 amended by No. 32 of 1994 s. 19; No. 79 of 1996 s. 16.]
19.Surveyors to correct errors at their own expense
(1)The Surveyor General, and any other person appointed by the Governor to approve plans, may by notice in writing call on —
(a)any licensed surveyor holding a practising certificate to correct at his
(b)any person who is or was a licensed surveyor (“
(i)holding a practising certificate; and
(ii)instructed by the Surveyor General or the other person appointed by the Governor, as the case requires,
of any error made by the person at fault in an authorised survey.
(2)In the event of any licensed surveyor refusing or omitting within the time specified in the notice to correct any such error or of any person who is or was a licensed surveyor omitting to pay the cost of the correction of any such error when called upon to do so, the Surveyor General or other authority may recover the cost of any such correction as a debt due to the Crown by action in a court of competent jurisdiction.
Provided that any request for the correction of a survey shall be made within 12 years from the date of the lodgment of the plan of such survey with the Surveyor General or other authority.
[Section 19 amended by No. 79 of 1996 s. 17.]
20.Surveyor not to be interested
It shall be unlawful for any licensed surveyor, directly or indirectly, to acquire any interest in any land open for selection under any Act relating to the alienation, leasing, and occupation of Crown lands, if he
20A.Cancellation of licence or practising certificate at request of licensed surveyor
(1)A licensed surveyor whose conduct is not the subject of an inquiry under section 22 may —
(a)give notice in writing signed by him
(b)surrender his
(2)The secretary shall, on receipt of that notice and that licence or practising certificate, cancel that licence or practising certificate.
(3)A person whose licence or practising certificate has been cancelled under subsection (2) may apply on a form approved by the Board for a new licence or practising certificate.
(4)On payment to the Board of the prescribed fee and on being satisfied in respect of the applicant of the relevant matters set out in section 7, the Board shall issue a new licence or practising certificate to the applicant and may in so doing subject that licence or practising certificate to such conditions as the Board thinks fit to impose.
[Section 20A inserted by No. 79 of 1996 s. 18.]
21.Power of Board to deal with misconduct
(1)Upon a charge duly made and after inquiry, if it is shown with respect to any person who was at the relevant time a licensed surveyor that —
(a)he
(aa)he
(b)he
(ba)he
(c)his
(d)after being licensed under this Act, or any repealed Act relating to the licensing of surveyors, he
(e)he
(f)he
(fa)he
(g)his
the Board, after finding him
(h)reprimanding or cautioning that person;
(i)imposing on that person a fine not exceeding $1 000 payable to the Board;
(j)imposing conditions on the licence or practising certificate, or both, of that person, if that person is —
(i)still a licensed surveyor; or
(ii)an applicant for a licence or practising certificate, or both, or for the renewal of a practising certificate;
(k)suspending the licence or practising certificate of a person who is still a licensed surveyor and his
(i)for such period not exceeding 3 years as is specified by the Board; or
(ii)until any condition referred to in paragraph (j) has been complied with,
whichever is the shorter period;
(l)suspending the entitlement of a person who is no longer a licensed surveyor to apply for another licence —
(i)for such period not exceeding 3 years as is specified by the Board; or
(ii)until any condition referred to in paragraph (j) has been complied with,
whichever is the shorter period;
(m)if that person is still a licensed surveyor, cancelling his
(n)if that person is not still a licensed surveyor, cancelling his
(o)if that person is still a licensed surveyor, cancelling —
(i)his
(ii)his
or make in relation to that person any 2 or more of the orders referred to in paragraphs (h) to (o) and applicable to that person and, if the Board thinks fit, make any one or more of the orders specified in subsection (1a) in relation to that person.
(1a)The orders specified in this subsection are —
(a)an order that the person concerned correct any error within such reasonable period as is specified by the Board;
(b)an order that the person concerned pay to the Board or to any other person specified in that order the cost of correcting any error;
(c)an order that the person concerned provide the Board with a performance bond or bank guarantee to meet the anticipated cost of correcting any error; and
(d)an order that the person concerned pay to the Board the whole or any part of the cost of the relevant inquiry.
(1b)An order referred to in subsection (1)(i) or (1a)(b) or (d) shall be entered as a judgment in a Local Court on presentation by the secretary to the clerk of the Local Court of a copy of that order signed by the Chairman in the name of the Board, and on that entry judgment of the Local Court is to be taken to have been given in terms of that order.
(1c)An order referred to in subsection (1)(i) or (1a)(b) or (d) may, once entered as a judgment in a Local Court, be enforced in the same manner as a judgment or order of the Local Court to the same effect.
(2)A licensed surveyor charged with having certified in the manner set out in either paragraph (a) or (aa) of subsection (1) may be found guilty of having certified in the manner set out in the other of those paragraphs, if such are the facts proved.
(3)For the purposes of subsection (1)(ba), surveying practice includes the creation of plans, diagrams and maps from the results of, or for the purposes of, an authorised survey.
(4)The Board shall erase from the register the name of a person whose licence, or whose entitlement to apply for another licence, is cancelled under subsection (1)(m) or (n).
(5)A person whose licence, or whose entitlement to apply for another licence, is cancelled under subsection (1)(m) or (n) is not entitled to apply under section 7 for the issue of a licence.
(6)The Board may, on the application of a person —
(a)who holds a licence or practising certificate suspended, and whose entitlement to apply for a renewal of that practising certificate, if any, or for another licence or practising certificate is suspended, under subsection (1)(k), terminate those suspensions;
(b)whose entitlement to apply for another licence is suspended under subsection (1)(l), terminate that suspension;
(c)who held a licence cancelled under subsection (1)(m), issue a fresh licence to that person;
(d)whose entitlement to apply for another licence has been cancelled under subsection (1)(n), issue a fresh licence to that person; or
(e)who held a practising certificate cancelled under subsection (1)(o) or whose entitlement to apply for the renewal of an expired practising certificate or for another practising certificate has been cancelled under that subsection, issue a fresh practising certificate to that person,
and may in so doing subject a licence or practising certificate, or both, held or to be held by that person to such conditions as the Board thinks fit to impose.
(7)The Board shall cause to be notified in the Gazette —
(a)any action taken against a person under one or more of subsection (1)(h) to (o); and
(b)the granting of any application referred to in subsection (6).
(8)A licensed surveyor whose practising certificate is suspended under this section is not obliged to renew that practising certificate while it is suspended.
(9)If a licensed surveyor whose practising certificate is suspended under this section wishes to make authorised surveys when that suspension ceases, that licensed surveyor shall, unless he
(10)A licensed surveyor whose practising certificate is cancelled or is suspended under this section for a period of not less than 30 days shall, within 14 days after that cancellation or suspension, return that practising certificate to the secretary.
Penalty: $1 000.
[Section 21 amended by No. 79 of 1996 s. 19; No. 24 of 2000 s. 21(1).]
21A.Alteration and removal of licence or practising certificate conditions
The Board may, on the application of a licensed surveyor, alter or remove any condition to which the licence or practising certificate of the applicant is subject.
[Section 21A inserted by No. 79 of 1996 s. 20.]
22.Charge against surveyor, how dealt with
(1)Every charge of misconduct against a person under section 21 shall be submitted to the Board in writing signed by the person making the charge; and, if it appears to the Board that the charge is one into which an inquiry should be held, the Board shall fix a time and place for that purpose.
(2)At least 14 days prior to the date fixed for such inquiry, notice in writing shall be sent by the secretary to the last known postal address of the person charged under section 21, informing him
(3)At an inquiry held under this section —
(a)the person charged is entitled to be heard in his
(b)the Board —
(i)is to act according to equity, good conscience and the substantial merits of the case, without regard to technicalities and legal forms; and
(ii)is not bound by the rules of evidence, but may inform itself on any matter in such manner as it thinks fit.
(4)The finding and decision of the Board on such inquiry shall be given in writing, and shall be signed by at least 2 members of the Board and shall be countersigned by the secretary, and such writing shall be evidence of the matters therein contained and of the decision of the Board.
(5)The Board may and, on request by a person in respect of whom an inquiry has been held under this section, shall give reasons for its decision given under subsection (4).
[Section 22 amended by No. 79 of 1996 s. 21.]
(1)A person aggrieved by an order or decision of the Board under section 21 or 22 is, subject to this section, entitled to appeal to the District Court against that order or decision.
(2)An appeal shall be instituted within a period of 30 days of the making of the order or decision appealed against, but the District Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, allow the appeal to be instituted after the expiry of that period.
(3)On an appeal the District Court is to have regard to —
(a)the finding and decision of the Board on its inquiry and to any other written material created by the Board during its inquiry; and
(b)such other evidence, whether oral or written, as —
(i)the District Court considers necessary or desirable for the just determination of the appeal; or
(ii)its rules of court permit.
(4)The District Court may, on an appeal —
(a)affirm, vary or quash the order or decision appealed against, or substitute, or make in addition, any order or decision that should have been made in the first instance;
(b)remit the subject matter of the appeal to the Board for further hearing or consideration or for re‑hearing
(c)make any further or other order for costs or any other matter that the case requires,
or exercise any 2 or more of those powers.
(5)When an appeal has been instituted, the District Court may —
(a)suspend the operation or effect of the order or decision appealed against until the appeal is determined; and
(b)revoke any suspension made under this subsection.
[Section 22A inserted by No. 79 of 1996 s. 22.]
Any person, not being a licensed surveyor, who —
(a)falsely pretends that he
(b)takes or uses the name or title of a licensed surveyor, or any name, title, addition, or description implying that he
(c)practises, charges, or receives a fee for work done as a licensed surveyor; or
(d)certifies in respect of the performance of an authorised survey; or
(e)certifies or, purporting to be a licensed surveyor, signs any survey, plan, diagram, map or other document required under this Act or any other written law to be certified or signed by a licensed surveyor,
shall be guilty of an offence against this Act, and liable upon conviction for every such offence to a penalty not exceeding $10 000.
[Section 23 amended by No. 113 of 1965 s. 8; No. 107 of 1976 s. 8; No. 79 of 1996 s. 23.]
The Board may, by the secretary or any person thereunto authorised in writing under the hand of the Chairman, in the name of the Board, institute, carry on, prosecute, and defend any action, complaint, or proceeding whatsoever.
24A.Protection from liability for wrongdoing
(1)In this section, a reference to the doing of anything includes a reference to the omission to do anything.
(2)An action in tort does not lie against a person who is the Minister or a member of the Board or the secretary or another officer of the Board for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.
(3)The protection given by this section applies even though the thing done in the performance or purported performance of a function under this Act may have been capable of being done whether or not this Act had been enacted.
[Section 24A inserted by No. 79 of 1996 s. 24.]
The funds of the Board shall be applied by them towards the payment of all expenses necessarily incurred in carrying this Act into execution, and in doing and performing acts and things which the Board are by this Act empowered or required to do or perform, and the Board may pay out of their funds any sum recovered against the Board by process of law.
(1)The Board shall cause to be kept proper accounts and records of the transactions and affairs of the Board and shall prepare financial statements in accordance with Australian Accounting Standards.
(2)The financial statements shall be prepared on an accrual basis unless the Board determines otherwise.
[Section 25A inserted by No. 77 of 1987 s. 3.]
The accounts and financial statements of the Board shall he
[Section 25B inserted by No. 77 of 1987 s. 3.]
(1)The Board shall on or before 30 June in each year make and submit to the Minister an annual report of its proceedings for the preceding year ending on 31 December together with a copy of the financial statements and the auditor’s report.
(2)The Minister shall cause a copy of each annual report, financial statements and auditor’s report submitted under subsection (1) to be laid before each House of Parliament within 14 sitting days of that House after receipt of the report by the Minister.
[Section 25C inserted by No. 77 of 1987 s. 3.]
(1)The Board may, with the approval of the Governor, make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act
(a)regulating the meetings and proceedings of the Board and the conduct of the business thereof; the election of a member to perform the duties of the Chairman and act as Deputy Chairman during the illness or absence of the Chairman;
(b)prescribing the duties of the secretary and other officers of the Board;
(c)regulating the manner of keeping the register, and the particulars to be entered therein;
(d)prescribing forms to be used for the purposes of this Act
(e)determining the evidence to be produced and conditions to be fulfilled by any person applying for the issue of a licence or the issue or renewal of a practising certificate under this Act;
(f)prescribing the course of study, professional practice, conditions of service, and training and examination of persons desirous of obtaining certificates of competency entitling them to apply for the issue to them of licences;
(g)regulating the issue of certificates of competency and licences and the issue and renewal of practising certificates;
(h)prescribing what certificates of examination will be recognised by the Board as a substitute for the examinations of the Board;
(i)prescribing what certificates, diplomas, memberships, degrees, licences, letters testimonial, or other titles, status, or documents, will be recognised by the Board as qualifying persons holding them or any of them for the issue to them of licences, whether immediately or after further examination or field service, or both;
(ia)enabling the Board to issue certificates of recognition to retired surveyors, who have given long service as surveyors, in recognition of the contributions made by those surveyors to the profession of surveying;
(j)prescribing a scale of fees to be charged and paid in respect, of any application, examination, certificate, licence, inspection, or other proceeding, act or thing provided or required under this Act; prescribing the fees payable to examiners; and to members of the Board for attendance at meetings;
(k)requiring and regulating the registration in the office of the secretary of all contracts and articles of apprenticeship or pupilage under which apprentices or pupils in surveying are serving;
(l)regulating the conduct of proceedings in connection with charges of misconduct against licensed surveyors and other persons;
(m)for the direction and guidance of licensed surveyors in carrying out the provisions of the Acts relating to authorised surveys.
(2)Regulations made under subsection (1) may create offences and provide in respect of each such offence a penalty not exceeding $1 000.
(3)A certificate issued under regulations referred to in subsection (1)(ia) does not entitle its holder to practise as a surveyor or to make authorised surveys.
(4)Nothing in regulations referred to in subsection (1)(ia) or in subsection (3) prevents the holder of a certificate issued under those regulations who has ceased to be a licensed surveyor from again becoming a licensed surveyor in accordance with this Act.
(5)Regulations made under subsection (1) and prescribing a period or periods for the purposes of the definition of “Standard Period” in section 3(1) may confer on the Board power, subject to that definition, to determine the length of the period or periods.
[Section 26 amended by No. 113 of 1965 s. 8; No. 107 of 1976 s. 9; No. 79 of 1996 s. 25; No. 24 of 2000 s. 21(2).]
26A.Professional indemnity insurance
(1)The Board may, with the approval of the Governor, make regulations under section 26 concerning indemnity against loss arising from claims in respect of any description of civil liability incurred by —
(a)a licensed surveyor or former licensed surveyor in connection with the practice of the licensed surveyor or former licensed surveyor;
(b)an employee or former employee of a licensed surveyor or former licensed surveyor in connection with the practice of the licensed surveyor or former licensed surveyor; or
(c)a licensed surveyor or former licensed surveyor in the course of practising as a licensed surveyor.
(2)For the purpose of providing the indemnity referred to in subsection (1), regulations referred to in that subsection may —
(a)authorise or require the Institute to make arrangements with one or more insurers for the provision to licensed surveyors and former licensed surveyors of professional indemnity insurance and may authorise the Institute to do such acts and things as may be necessary or expedient for giving effect to those arrangements; and
(b)require licensed surveyors or former licensed surveyors, or any prescribed category of licensed surveyor or former licensed surveyor, to take out and maintain professional indemnity insurance in accordance with —
(i)the requirements of those regulations; and
(ii)the arrangements made under those regulations or a scheme or policy of insurance approved by or under those regulations.
(3)Without limiting the generality of subsections (1) and (2), regulations referred to in subsection (1) may —
(a)specify the terms and conditions on and subject to which professional indemnity insurance is to be provided, including the amounts of insurance cover to be taken out and maintained by —
(i)licensed surveyors or former licensed surveyors; or
(ii)prescribed categories of licensed surveyor or former licensed surveyor,
and the periods during which that insurance cover is to be maintained;
(b)specify classes or categories of licensed surveyor or practice to which different provisions or obligations under those regulations may apply;
(c)provide for and regulate the approval of insurers and the issue of certificates of insurance to persons covered by professional indemnity insurance and prescribe the form of those certificates;
(d)empower the Board to refuse to renew a practising certificate except to a licensed surveyor who —
(i)satisfies the Board that the licensed surveyor holds a valid current certificate of insurance for the category of practice in which the licensed surveyor intends to engage; or
(ii)is exempt under those regulations;
(e)empower the Board to suspend the licence of a licensed surveyor until the licensed surveyor —
(i)satisfies the Board that the licensed surveyor holds a valid current certificate of insurance for the category of practice in which the licensed surveyor intends to engage; or
(ii)is exempt under those regulations;
(f)specify circumstances in which licensed surveyors or former licensed surveyors are exempt from those regulations or empower the Board to exempt any licensed surveyor or former licensed surveyor or class of licensed surveyor or former licensed surveyor in whole or in part from any provision of those regulations either for a specified or indefinite period or subject to any condition which may be imposed by the Board;
(g)empower the Board to vary or revoke any exemption made by the Board under those regulations;
(h)empower the Board to take such steps as it considers necessary or expedient to ascertain whether or not those regulations are being complied with; and
(i)contain incidental, procedural and supplementary provisions.
[Section 26A inserted by No. 79 of 1996 s. 26.]
(1)The production of a copy of the Government Gazette
(2)Every Court shall take judicial notice of the signature of the Chairman of the Board.
(3)In any proceeding by or on behalf of the Board, it shall not be necessary to prove the appointment of the members, Chairman, or secretary.
[28, 29. Repealed by No. 79 of 1996 s. 2
Proceedings for an offence against this Act shall be dealt with summarily in a court of summary jurisdiction.
[Section 30 inserted by No. 78 of 1995 s. 64.]
[First Schedule omitted under the Reprints Act 1984 s. 7(4)(e) and (f).]
