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TASMANIA
__________
SURVEYORS BILL (No. 2) 2002
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 ADMINISTRATION
4. Functions of Surveyor-General
5. Delegation by Surveyor-General
6. Functions of Director
PART 3 REGISTRATION OF SURVEYORS
7. Register of surveyors
8. Eligibility for registration as a surveyor
9. Particulars to be entered in register
10. Renewal of registration
11. False or misleading statements
12. Cancellation or suspension of registration
13. Certificate of registration
14. Effect of mutual recognition legislation
[Bill 55]-IV
PART 4 PRACTICE OF SURVEYORS
Division 1 Directions by Surveyor-General
15. Directions for practice of surveying
Division 2 Practice as registered surveyor
16. Only registered land surveyors to survey land or practise
as land surveyors
17. Only registered surveyors to practise as registered
surveyors
18. Supervision by registered surveyor
19. Appellations to be used
20. Saving for non-registered surveyors
Division 3 Duties of registered surveyors
21. Surveys, &c., to comply with directions, &c.
Division 4 Maintenance of standards and corrections of
errors
22. Survey audit
23. Survey investigation
24. Correction of survey errors
25. Survey performance indicators
26. Certification and adequacy of surveys
Division 5 Power to enter on land
27. Power of entry on land
28. Damage by registered surveyor
PART 5 COMPLAINTS AND INVESTIGATIONS
29. Power of Director to receive complaints
30. Investigations
31. Consultation regarding investigations
32. Grounds for disciplinary action
33. Application to determine grounds for disciplinary action
34. Disciplinary action
2
35. Ancillary powers of Director
36. Contravention of order
37. Appeal against determination or order to magistrate
38. Appeals to Magistrates Court (Administrative Appeals
Division)
PART 6 MISCELLANEOUS AND SUPPLEMENTAL
39. Review of decisions by Minister
40. Survey examination
41. Destruction of, damage to, &c., survey marks
42. Misleading survey marks
43. Protection from liability
44. Prosecution for offence
45. Evidentiary value of certificates
46. Regulations
47. Savings and transitional
48. Administration of Act
49. Land Surveyors Act 1909 repealed
SCHEDULE 1 SAVINGS AND TRANSITIONAL
PROVISIONS
3
4
SURVEYORS BILL (No. 2) 2002
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to repeal the Land Surveyors Act 1909 and
provide for the registration of surveyors with
diverse specialist competencies, to regulate the
practice of registered surveyors engaged in surveys
authorised or required under any enactment and to
provide for related matters
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Surveyors Act 2002.
Commencement
2. This Act commences on a day to be proclaimed.
Interpretation
3. (1) In this Act, unless the contrary intention appears
[Bill 55] 5
s. 3 No. Surveyors (No. 2) 2002
"authorised officer" means the Director or a
person declared to be, or appointed as, an
authorized officer under the Fair Trading Act
1990;
"Board" means the Surveyors' Board as constituted
under the repealed Act immediately before the
commencement day;
"commencement day" means the day fixed under
section 2;
"court" means the Magistrates Court;
"Director" means the Director of Consumer Affairs;
"document" includes
(a) a book, plan, paper, parchment or other
material on which there is writing or
printing, or on which there are marks,
symbols or perforations having a
meaning for persons qualified to
interpret them; and
(b) a disk, tape, paper or other device from
which sounds or messages are capable of
being reproduced;
"institution" means an institution or association
representative of persons engaged in one or
more survey disciplines which requires that its
members comply with established institutional
standards of ethical conduct and professional
best practice;
"land" includes messuages, tenements and
hereditaments, corporeal and incorporeal, of
every kind and description (whatever may be
the estate or interest in them);
6
2002 Surveyors (No. 2) No. s. 3
"mutual recognition legislation" means the
Mutual Recognition Act 1992 of the
Commonwealth, the Mutual Recognition
(Tasmania) Act 1993 of Tasmania or the
Trans-Tasman Mutual Recognition Act 1997 of
the Commonwealth;
"published" means published in such manner,
whether by advertisement or otherwise, as the
Surveyor-General thinks expedient;
"register" means the register of surveyors kept
under this Act;
"registered land surveyor" means a person
authorised by registration under this Act to
undertake a survey of land;
"registered surveyor" means a person who is
registered as a surveyor under this Act but, for
the purpose of Part 4, does not include a
person whose registration is suspended;
"registering authority" means a person or body
having authority to require a survey to be
carried out for a statutory purpose;
"regulations" means regulations made and in force
under this Act;
"repealed Act" means the Land Surveyors Act
1909;
"survey" means the definition, redefinition,
measurement, interpretation, marking or
documentation of the geographic position,
dimension, extent or relativity of points, lines
and things on, above or below the surface of
the earth, for any purpose authorised by any
Act;
7
s. 3 No. Surveyors (No. 2) 2002
"survey mark" means any mark established by or
on behalf of a surveyor which is used to
identify and define any point or line of any
survey and is
(a) cut, etched, stamped or otherwise
attached to, or placed in or on, any
timber, stone, masonry or other
material; or
(b) placed in or on the ground;
"surveyor" means a person who has acquired the
minimum surveying qualifications, skills or
experience necessary for membership of a
relevant and nationally recognised institution.
(2) For the purposes of the definition of "land" in
subsection (1), a person who has a licence to enter or
remain on land is taken to have an interest in the land.
8
2002 Surveyors (No. 2) No. s. 4
PART 2 ADMINISTRATION
Functions of Surveyor-General
4. The Surveyor-General has the following functions for
the purposes of this Act:
(a) to maintain the register of surveyors and their
specialist competencies as provided in Part 3;
(b) to consult with any person or body that
represents surveyors in Tasmania, and to
liaise and enter into arrangements with any
person or body that, in Australia or elsewhere,
is concerned with surveyors and the practice of
surveying, for the purpose of improving or
reviewing
(i) the technical specifications and
standards applicable to the practice of
surveying; and
(ii) the Surveyor-General's functions and
powers under this Act;
(c) to issue directions as to the minimum
technical specifications and standards to be
observed in the conduct of any surveys
required by law and, for any such survey
carried out by a registered surveyor, to
monitor compliance with those directions as
provided in Part 4.
Delegation by Surveyor-General
5. The Surveyor-General may delegate all or any of the
Surveyor-General's powers under this Act to a State
Service officer who is a registered land surveyor.
9
s. 6 No. Surveyors (No. 2) 2002
Functions of Director
6. The Director has the functions of receiving complaints,
conducting investigations and taking disciplinary action as
provided by Part 5.
10
2002 Surveyors (No. 2) No. s. 7
PART 3 REGISTRATION OF SURVEYORS
Register of surveyors
7. (1) The Surveyor-General must keep a register of
surveyors.
(2) The register is to provide for
(a) the mandatory registration of a surveyor
intending to practise as a land surveyor; and
(b) the voluntary registration of a surveyor
intending to practise other than as a land
surveyor.
(3) The register may be kept in any form, including
electronic form, that the Surveyor-General approves.
(4) The Surveyor-General must make the register
available to the public and may give to any person a copy
of part of, or an entry from, the register certified by the
Surveyor-General to be a true copy.
Eligibility for registration as a surveyor
8. (1) A person is eligible to be registered as a land
surveyor if the person
(a) was a surveyor registered under the repealed
Act immediately before the commencement
day; or
(b) has the educational qualifications and
practical training required for the practice of
land surveying as prescribed in the
regulations; or
11
s. 9 No. Surveyors (No. 2) 2002
(c) is entitled to be registered as a land surveyor
under mutual recognition legislation.
(2) A person is eligible to be registered as a
surveyor, other than a land surveyor, if the person
(a) has competency accreditation which is
recognised by a relevant institution as
satisfying national competency standards for
professional surveyors practising other than in
land surveying; or
(b) is a member of a relevant institution.
(3) The Surveyor-General may
(a) require an applicant for registration to
produce any additional documents or other
information that the Surveyor-General
considers necessary to decide the application;
and
(b) make any inquiries that the Surveyor-General
reasonably needs to decide the application.
(4) The Surveyor-General must register a person
who applies for registration if the person is eligible for
registration and the requirements of this Act relating to
the application have been met.
(5) The Surveyor-General must refuse to register a
person who applies for registration if the person is not
eligible for registration or the requirements of this Act
relating to the application have not been met.
Particulars to be entered in register
9. (1) The Surveyor-General must enter in the register the
following particulars in respect of a registered surveyor,
whether a land surveyor or not:
12
2002 Surveyors (No. 2) No. s. 9
(a) his or her name;
(b) the address of each place in Tasmania where
the surveyor carries on the practice of
surveying or, if the surveyor has no such
address, his or her home address;
(c) a registration number allotted to the surveyor
by the Surveyor-General;
(d) the date of his or her initial registration;
(e) the date of each successive renewal of such
registration;
(f) the date and particulars of any suspension or
cancellation of registration.
(2) On the application of a registered surveyor, the
Surveyor-General must, subject to authentication of any
documents provided, enter in the register the particulars
of any relevant specialist competency accreditation,
membership of an institution and performance indicators.
(3) For the purposes of subsection (2), performance
indicators are taken to be indicators compiled by the
Surveyor-General from the cumulative results of survey
audits and examinations as provided in Part 4.
(4) The Surveyor-General must, on the application of
a registered surveyor, delete from the register any
performance indicators or details of membership of an
institution or competency relating to the registered
surveyor.
(5) The Surveyor-General must make a note in the
register of
(a) any disciplinary action taken against a person
under this Act; and
13
s. 10 No. Surveyors (No. 2) 2002
(b) any assurance accepted by the Director under
the Fair Trading Act 1990 in respect of the
registered surveyor.
Renewal of registration
10. (1) Before the first day of January in each year, a
registered surveyor may make application to the Surveyor-
General for renewal of registration to practise as a
registered surveyor.
(2) An application for renewal must be accompanied
by whatever documents may be necessary to confirm the
applicant's continuing eligibility for registration under this
Act.
(3) The provisions of this Act relating to an
application for registration also apply to an application for
renewal of registration.
False or misleading statements
11. (1) A person must not, in or in respect of an
application for registration
(a) state anything that is false or misleading in a
material particular; or
(b) omit from a statement anything without which
the statement is misleading in a material
particular.
(2) A person must not give to the Surveyor-General,
in respect of an application for registration, a document
containing information that is false or misleading in a
material particular.
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2002 Surveyors (No. 2) No. s. 12
Cancellation or suspension of registration
12. The Surveyor-General must remove from the register
the name of any surveyor
(a) who has died; or
(b) who has requested in writing that the
registration be cancelled; or
(c) who has failed by the due date to apply for
renewal of registration; or
(d) who in, or in respect of, an application for
registration has provided any false or
misleading statement; or
(e) whose registration has been suspended or
cancelled as a consequence of disciplinary
proceedings.
Certificate of registration
13. The Surveyor-General must, on registration and on
each application for renewal, issue to every registered
surveyor applying for it a certificate confirming the details
of that surveyor's current registration status.
Effect of mutual recognition legislation
14. Nothing in this Part derogates from the effect of
mutual recognition legislation and an appeal from a
decision of the Surveyor-General under this Part may be
brought as provided by legislation.
15
s. 15 No. Surveyors (No. 2) 2002
PART 4 PRACTICE OF SURVEYORS
Division 1 Directions by Surveyor-General
Directions for practice of surveying
15. (1) The Surveyor-General may issue directions as to
the technical specifications and standards to be observed
in the conduct of any survey for any statutory purpose,
including, for example
(a) the preparation of plans of survey and
supporting documents; and
(b) the field procedures and practices to be
observed in the conduct of surveys; and
(c) the supervision of persons assisting registered
surveyors in the conduct of surveys; and
(d) the nature and position of survey marks; and
(e) the achievement of accuracy in surveying; and
(f) the form of certification to be provided by a
registered surveyor on completion of a survey.
(2) A direction may provide that
(a) the Surveyor-General may exempt a registered
surveyor from a requirement specified in the
direction; and
(b) the exemption may be subject to conditions
decided by the Surveyor-General.
(3) An exemption that is subject to a condition does
not have effect if the condition is not complied with.
16
2002 Surveyors (No. 2) No. s. 15
(4) Before issuing a direction, the Surveyor-General
must consult on the proposed direction and seek
agreement with
(a) the Head of Agency of the department
responsible to the Minister for the
administration of any enactment under which
the survey is required; and
(b) all institutions that, in Tasmania, represent
surveyors; and
(c) other entities that appear to the Surveyor-
General to have a relevant interest in the
proposed direction.
(5) Where agreement cannot be reached between the
Surveyor-General and a relevant institution or registering
authority as to the nature of any proposed new or
amended specifications or standards, the Surveyor-
General
(a) must refer the matter to the Minister for
determination; and
(b) must notify the parties to the disagreement of
his or her intention to do so.
(6) For the purposes of subsection (5), the Surveyor-
General must provide a report and recommendation in
writing to the Minister including
(a) details of the new or amended specifications or
standards recommended by the Surveyor-
General; and
(b) details of all consultation undertaken; and
(c) details of the specific matters of disagreement;
and
17
s. 16 No. Surveyors (No. 2) 2002
(d) copies of all submissions made by the
interested parties relevant to the issues in
contention.
(7) The Minister, on considering the report and
submissions and making such further inquiry as he or she
thinks fit, may approve, modify or reject the recommended
specifications or standards and require the Surveyor-
General to issue a direction accordingly.
(8) The Minister's decision is final.
Division 2 Practice as registered surveyor
Only registered land surveyors to survey land or
practise as land surveyors
16. (1) A person who is not a registered land surveyor
must not carry on business or hold himself or herself out
as a land surveyor or registered land surveyor.
Penalty: Fine not exceeding 200 penalty units and a
further penalty not exceeding 5 penalty
units for each day during which the offence
continues after conviction.
(2) A person who is not a registered land surveyor,
or acting directly under the supervision of a registered
land surveyor, must not survey land.
Penalty: Fine not exceeding 200 penalty units.
(3) A person who is not a registered land surveyor
must not give a certificate that under any law is required
to be given by a registered land surveyor.
Penalty: Fine not exceeding 200 penalty units.
18
2002 Surveyors (No. 2) No. s. 17
(4) In this section, "survey" includes deciding, for
fee or reward, whether improvements are, or are not,
within the boundaries of any land.
Only registered surveyors to practise as registered
surveyors
17. (1) A person who is not a registered surveyor must not
carry on business or hold himself or herself out as a
registered surveyor.
Penalty: Fine not exceeding 200 penalty units and a
further penalty not exceeding 5 penalty
units for each day during which the offence
continues after conviction.
(2) A person who is not a registered surveyor must
not give a certificate that under any law is required to be
given by a registered surveyor.
Penalty: Fine not exceeding 200 penalty units.
Supervision by registered surveyor
18. (1) Any part of a survey authorised or required under
any enactment may be carried out by a person acting
under the supervision of a registered surveyor.
(2) For the purpose of subsection (1), a registered
surveyor must exercise such oversight over the work of
any person under supervision as may be necessary to
ensure that the work is completed in accordance with this
and any other Act.
19
s. 19 No. Surveyors (No. 2) 2002
Appellations to be used
19. (1) Only a person who is registered as a land surveyor
as provided in section 8(1) may use the appellations
"Registered Land Surveyor" or "Land Surveyor".
Penalty: Fine not exceeding 200 penalty units.
(2) Only a person who is registered and accredited
with specialist professional survey competency as provided
in section 8(2) may use an appellation that includes
reference to that competency such as "Registered
Engineering Surveyor", "Registered Mining Surveyor" or
"Registered Hydrographic Surveyor".
Penalty: Fine not exceeding 200 penalty units.
(3) Only a person who is registered as a surveyor as
provided in section 8 or otherwise under this Act may use
the appellation "Registered Surveyor".
Penalty: Fine not exceeding 200 penalty units.
Saving for non-registered surveyors
20. Nothing in this Act prevents a person who is not a
registered surveyor from practising as a surveyor,
otherwise than as a land surveyor, so long as the person
does not hold himself or herself out to be a registered
surveyor.
Division 3 Duties of registered surveyors
Surveys, &c., to comply with directions, &c.
21. A registered surveyor must ensure that a survey
carried out and a plan with all supporting documents
prepared, by or under his or her supervision
20
2002 Surveyors (No. 2) No. s. 22
(a) complies with all applicable directions under
section 15; and
(b) is endorsed with an annotation summarising
all applicable exemptions and setting out
sufficient particulars to enable the exemptions
and any relevant conditions to be identified.
Penalty: Fine not exceeding 100 penalty units.
Division 4 Maintenance of standards and
corrections of errors
Survey audit
22. (1) The Surveyor-General may instruct an
appropriately qualified and registered surveyor, as an
inspecting surveyor, to conduct an audit of any survey
carried out under any Act by a registered surveyor, to
confirm its compliance with all relevant requirements.
(2) Where an audit discloses an error or deficiency in
a survey, the Surveyor-General must inform the surveyor
responsible of
(a) the results of the audit; and
(b) any action that may be required to ensure that
the survey to which the audit relates is correct
and complies with all relevant requirements.
Survey investigation
23. (1) If two or more registered surveyors, or a registered
surveyor and a registering authority, are unable to agree
as to
(a) the adequacy or accuracy of a survey; or
21
s. 24 No. Surveyors (No. 2) 2002
(b) the compliance of a survey with the relevant
requirements
all parties to the disagreement must submit a report on
the matter of the disagreement to the Surveyor-General.
(2) The Surveyor-General must investigate a
reported error or anomaly or may instruct an
appropriately qualified and registered surveyor, as an
inspecting surveyor, to conduct the investigation.
(3) On completion of the investigation, the Surveyor-
General must inform the parties to the disagreement of
(a) the results of that investigation; and
(b) the action required to ensure that the survey
to which the investigation relates is correct
and complies with all requirements.
Correction of survey errors
24. (1) Any registered surveyor found to have made an
error in any survey carried out under any Act must, at the
request of the Surveyor-General, correct the error at his or
her own expense.
(2) If a registered surveyor fails to correct an error
within 3 months of being informed of that error by the
Surveyor-General, the error may be corrected by an
inspecting surveyor instructed by the Surveyor-General,
and the surveyor responsible is liable to pay the cost of
that correction.
Survey performance indicators
25. (1) The Surveyor-General must
22
2002 Surveyors (No. 2) No. s. 26
(a) maintain a record of the conduct and outcome
of a survey audit and survey investigation
which may be carried out under this Division;
and
(b) maintain, for each registered surveyor,
performance indicators compiled from the
cumulative results of audits and investigations
as provided in this Part and the results of
survey examinations conducted by a
registering authority as provided in section 40.
(2) For the purposes of subsection (1), records of
survey examinations, audits, investigations and the
derived performance indicators may be kept in any form,
including electronic form, that the Surveyor-General
determines.
(3) The Surveyor-General must at reasonable and
regular intervals provide each registered surveyor with
advice as to the current status of his or her performance
indicators.
Certification and adequacy of surveys
26. (1) A survey carried out for any statutory purpose by,
or under the supervision of, a registered surveyor must be
certified correct by that surveyor before being lodged for
registration or acted on.
(2) If any such survey is conducted wholly or in part
by a person under the supervision of a registered surveyor,
the supervising surveyor remains responsible for the
adequacy of the survey as certified.
(3) A registered surveyor must implement, or ensure
the implementation of, any checking procedures necessary
to confirm the technical accuracy and adequacy of the
survey as certified.
23
s. 27 No. Surveyors (No. 2) 2002
(4) The certification is to be in accordance with the
regulations and is to confirm that the survey and
associated documentation complies with all relevant
requirements, including survey directions issued by the
Surveyor-General, and is correct for the purpose required.
Division 5 Power to enter on land
Power of entry on land
27. (1) For the purpose of conducting a survey, a
registered surveyor or a person assisting a registered
surveyor may, at any reasonable time, in accordance with
this section
(a) enter on any land, including land that is not to
be surveyed; and
(b) open a door, gate or fence; and
(c) place a survey mark on the ground of any land
entered; and
(d) enter any building; and
(e) trim a tree or bush obstructing a survey.
(2) A registered surveyor or a person assisting a
registered surveyor may enter on land that is not owned
by the person for whom the survey is being conducted only
if, before entering, the surveyor has given to the owner of
the land reasonable notice, oral or written, of the
surveyor's intention to enter on the land.
(3) A registered surveyor or a person assisting a
registered surveyor may enter a building or part of a
building that is not occupied by the person for whom the
survey is being conducted only
24
2002 Surveyors (No. 2) No. s. 28
(a) if the occupier has consented, orally or in
writing, to the entry; or
(b) in accordance with an order of a magistrate.
(4) A registered surveyor or a person for whom a
survey is being, or is to be, conducted may apply to a
magistrate for an order under subsection (3)(b).
(5) A person must not, without reasonable excuse,
hinder or obstruct a registered surveyor, or a person
assisting a registered surveyor, in the exercise of the
surveyor's powers under subsection (1).
Penalty: Fine not exceeding 50 penalty units or
imprisonment for a term not exceeding 6
months, or both, and a further penalty not
exceeding 5 penalty units for each day
during which the offence continues after
conviction.
Damage by registered surveyor
28. (1) This section applies if a registered surveyor or a
person assisting a registered surveyor damages any thing
when exercising or purporting to exercise a power under
section 27.
(2) The registered surveyor or person assisting the
registered surveyor must immediately give written notice
of particulars of the damage to the person who appears to
be the owner of the thing.
(3) If for any reason it is not practicable to comply
with subsection (2), the registered surveyor or person
assisting the registered surveyor must leave the notice, in
a reasonably secure way and in a conspicuous position, at
the place where the damage happened.
25
s. 28 No. Surveyors (No. 2) 2002
(4) The registered surveyor must repair the damage
to the satisfaction of the owner of the thing and, if he or
she fails to do so, is liable to pay compensation for the
damage to the owner.
(5) The registered surveyor is entitled to be
reimbursed by the person for whom the survey is being
conducted for any compensation payable under
subsection (4) that is reasonably and necessarily caused in
carrying out the survey.
26
2002 Surveyors (No. 2) No. s. 29
PART 5 COMPLAINTS AND INVESTIGATIONS
Power of Director to receive complaints
29. The Director may receive complaints with respect to
any failure of a registered surveyor to comply with a
direction under section 15 or otherwise to the conduct of
registered surveyors relating to this Act.
Investigations
30. (1) The Director may conduct an investigation
required for the exercise of powers or the discharge of
duties under this Part.
(2) An authorised officer has the same powers for
entry to premises and taking possession of or obtaining
documents and other information as are conferred by
sections 30 and 31 of the Fair Trading Act 1990 and the
offences and penalties provided by section 32 of that Act
apply.
Consultation regarding investigations
31. For the purposes of this Part, the Director may consult
with the Surveyor-General or his or her nominee and a
registered surveyor nominated by any relevant institution.
Grounds for disciplinary action
32. There are grounds for disciplinary action against a
registered surveyor if
(a) the registered surveyor has acted contrary to
the Fair Trading Act 1990; or
27
s. 33 No. Surveyors (No. 2) 2002
(b) the registered surveyor has acted unlawfully,
improperly, negligently or unfairly in the
course of carrying on, or being employed or
otherwise engaged in, the business of a
registered surveyor; or
(c) the registered surveyor has been found guilty
of an offence involving fraud or dishonesty
that is punishable on conviction by
imprisonment for 3 months or more.
Application to determine grounds for disciplinary
action
33. On receipt of an application in writing from any
person, the Director must determine whether there are
grounds for disciplinary action against a registered
surveyor in accordance with the application and, for that
purpose, may conduct a hearing or such investigation as
he or she thinks fit.
Disciplinary action
34. (1) Where the Director determines that there are
grounds for taking disciplinary action against a registered
surveyor, the Director may, by order, do one or more of the
following:
(a) prohibit the registered surveyor from carrying
on business as a registered surveyor;
(b) prohibit the registered surveyor from being
employed or otherwise engaged in the business
of a registered surveyor;
(c) reprimand the registered surveyor;
28
2002 Surveyors (No. 2) No. s. 35
(d) require the registered surveyor to pay the
reasonable costs of the hearing or any
investigation conducted for the purposes of the
hearing, or both.
(2) The Director may order that a prohibition is to
apply
(a) permanently; or
(b) for a specified period; or
(c) until the fulfilment of any conditions specified
in the order; or
(d) until further order.
(3) An order may provide that it is to have effect at a
specified time and impose conditions as to the conduct of
the registered surveyor who is subject to the order or that
person's business until that time.
(4) An order takes effect on the day on which it is
served on the registered surveyor to whom it relates.
(5) If an amount ordered to be paid by a registered
surveyor as costs under subsection (1)(d) is not paid as
directed by the order, that amount may be recovered by
the Director as a debt due to the Crown in any court of
competent jurisdiction.
Ancillary powers of Director
35. For the purpose of exercising his or her powers under
this Part, the Director has the same powers as the court to
administer an oath and compel the attendance of
witnesses and production of documents.
29
s. 36 No. Surveyors (No. 2) 2002
Contravention of order
36. If a person carries on business as a registered
surveyor in contravention of an order of the Director, the
person is guilty of an offence.
Penalty: Fine not exceeding 350 penalty units and
imprisonment for a term not exceeding 6
months.
Appeal against determination or order to magistrate
37. (1) This section applies to a determination or order
made by the Director before commencement of the
Magistrates Court (Administrative Appeals Division) Act
2001.
(2) A person who is aggrieved by a determination or
order to which this section applies may appeal to a
magistrate within 28 days after receiving notice of that
determination or service of the order.
(3) At the hearing of an appeal under this section,
the magistrate may
(a) confirm the determination or order of the
Director and direct that the determination or
order is to take effect from a specified date; or
(b) set aside the determination or order of the
Director; or
(c) set aside the determination or order of the
Director and substitute another determination
or order that the Director could have made.
(4) Subject to this section, an appeal under this
section is to be instituted, heard and determined as
prescribed.
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2002 Surveyors (No. 2) No. s. 38
Appeals to Magistrates Court (Administrative
Appeals Division)
38. On and after the commencement of the Magistrates
Court (Administrative Appeals Division) Act 2001
(a) a person may not commence an appeal under
section 37, but an appeal already commenced
under that section may be continued and dealt
with as if that Act had not commenced; and
(b) a person aggrieved by a determination or order
made by the Director may apply to the
Magistrates Court (Administrative Appeals
Division) for a review of the determination or
order.
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s. 39 No. Surveyors (No. 2) 2002
PART 6 MISCELLANEOUS AND SUPPLEMENTAL
Review of decisions by Minister
39. (1) An application may be made to the Minister in
accordance with the regulations for review of any decision
of the Surveyor-General relating to the keeping of the
register or the practice of a registered surveyor.
(2) On a review, the Minister may affirm or set aside
the decision of the Surveyor-General or vary it on such
terms as the Minister thinks fit.
(3) The Minister's decision on the review is final.
Survey examination
40. (1) A registering authority which may
(a) examine, as to their adequacy for any legal
purpose, any survey plans and associated
documents lodged for registration; or
(b) require the correction of any identified errors
or deficiency
must advise the Surveyor-General of the results of the
examination or requisition.
(2) The Surveyor-General must maintain a record of
all survey examinations and requisitions advised by a
registering authority and provide reasonable and regular
advice to registered surveyors as to their continuing
performance.
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2002 Surveyors (No. 2) No. s. 41
Destruction of, damage to, &c., survey marks
41. (1) A person must not, without reasonable excuse,
interfere with, change or remove a survey mark which
complies with the regulations.
Penalty: Fine not exceeding 200 penalty units.
(2) If a person is convicted of an offence against
subsection (1), the court may order, in addition to any
other penalty, that the person pay the reasonable cost of
re-establishing the survey mark.
(3) A person must not, with intent to mislead, falsely
pretend that any thing is a survey mark which complies
with the regulations.
Penalty: Fine not exceeding 200 penalty units.
(4) Nothing in this section affects any civil liability
that may exist apart from this section.
(5) Nothing in this section prevents the removal of a
temporary survey mark by, or under the supervision of, a
registered surveyor if so required by law or if in
accordance with any directions given by the Surveyor-
General under this Act.
Misleading survey marks
42. The Surveyor-General, or a person authorised by him
or her to do so, may remove, alter, deface or destroy a
survey mark which, in the opinion of the Surveyor-
General, is so placed as to mislead any person.
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s. 43 No. Surveyors (No. 2) 2002
Protection from liability
43. (1) The Surveyor-General, or a person acting under
the Surveyor-General's direction or authority as provided
in this Act, does not incur civil liability for an act or
omission done honestly and without negligence for the
purposes of this Act.
(2) A liability that would, apart from this section,
attach to the Surveyor-General, or a person acting under
the Surveyor-General's direction or authority as provided
in this Act, attaches to the Crown.
Prosecution for offence
44. A prosecution for an offence under this Act
(a) may be instituted by an authorised officer; and
(b) must be commenced within 3 years after the
commission of the alleged offence and within 6
months after the authorised officer first
obtains knowledge of the alleged offence.
Evidentiary value of certificates
45. (1) In any proceeding, a certificate of registration is
evidence of the matters stated in it and a certificate signed
by or on behalf of the Surveyor-General stating that on a
date or during a period stated in the certificate a person
named in the certificate was or was not registered is
evidence of the matters so stated.
(2) Unless the contrary is proved, a document that
purports to be a certificate issued under the Act is taken to
be such a certificate.
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2002 Surveyors (No. 2) No. s. 46
Regulations
46. (1) The Governor may make regulations for the
purpose of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may provide for
(a) determining the evidence to be produced and
conditions to be fulfilled by a person applying
for registration as a land surveyor under this
Act; and
(b) prescribing the course of study, professional
practice, conditions of service and training and
examination of persons seeking to establish
their competency to practise as a registered
land surveyor under this Act; and
(c) determining the role and responsibilities that
may be assumed by a relevant institution in
the training, examination and accreditation of
persons seeking to establish their competency
to practise as a registered land surveyor under
this Act; and
(d) determining the role and responsibilities to be
assumed by a supervising surveyor under any
professional training agreement that may be
specified in the regulations; and
(e) determining the certificates of examinations
and professional competency that will be
recognised as a substitute for the
examinations specified in the regulations; and
(f) determining any limitation, condition or
restriction that may, in such circumstances
and for such term as may be specified in the
regulations, be imposed on a competent
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s. 47 No. Surveyors (No. 2) 2002
surveyor seeking to practise as a registered
land surveyor.
(3) Before making any regulations relating to the
qualifications and training necessary for registration as a
land surveyor, the Governor must seek and take into
account any advice given
(a) by any relevant institution; or
(b) if the relevant institution fails to provide that
advice on request by the Minister, by a
committee of appropriately qualified and
experienced land surveyors convened by the
Minister for the purpose.
(4) In giving advice for the purposes of
subsection (3), an institution, or the appointed advisory
committee, must
(a) consult with all relevant national professional
institutions and coordinating committees; and
(b) seek to maintain consistency with any
established national competency standards,
minimum qualifications and training
requirements for professional land surveyors.
Savings and transitional
47. The savings and transitional provisions specified in
Schedule 1 have effect.
Administration of Act
48. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
36
2002 Surveyors (No. 2) No. s. 49
(a) the administration of this Act is assigned to
the Minister for Primary Industries, Water
and Environment; and
(b) the department responsible to the Minister for
Primary Industries, Water and Environment
in relation to the administration of this Act is
the Department of Primary Industries, Water
and Environment.
Land Surveyors Act 1909 repealed
49. (1) The Land Surveyors Act 1909 is repealed.
(2) The Surveyors' Board constituted under the
repealed Act is abolished.
(3) The Land Surveyors (Examination and
Registration) By-laws 1982 and the Land Surveyors
(Survey Practice) By-laws 1982 are rescinded.
37
sch. 1 No. Surveyors (No. 2) 2002
SCHEDULE 1 SAVINGS AND TRANSITIONAL
PROVISIONS
Section 47
Savings provisions relating to repealed Act
1. (1) A reference in an enactment or other instrument to
the repealed Act is to be construed as a reference to this
Act unless the contrary intention appears.
(2) Except as provided expressly or by necessary
implication in this Act
(a) all things and circumstances appointed or
created by or under the repealed Act or
existing or continuing under that Act
immediately before the commencement day
continue, subject to this Act, to have the same
status, operation and effect as they
respectively would have had if this Act had not
been enacted; and
(b) without limiting paragraph (a), this Act does
not disturb the continuity of status, operation
or effect of
(i) an order or decision of the court or of any
other court; or
(ii) an enquiry, proceeding, action, appeal,
liability, right or other matter or thing
made, done, issued, granted, given,
existing or continuing under the
repealed Act before the commencement
day.
(3) Nothing in subclause (1) or (2) derogates from
section 16 of the Acts Interpretation Act 1931.
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2002 Surveyors (No. 2) No. sch. 1
Saving for certain orders
2. Where an order was in force under the repealed Act
immediately before the commencement day suspending a
person's registration as a land surveyor, the order has
effect according to its tenor as if it were an order of the
court prohibiting the person from carrying on business as
a registered surveyor for the period of the prohibition.
References to registered surveyors, &c.
3. A reference in an Act or other instrument to a
registered surveyor, a land surveyor or an authorised
surveyor is taken to be a reference to a registered land
surveyor acting lawfully under this Act.
Distribution of funds of Surveyors' Board
4. (1) As soon as practicable after the commencement day,
the Surveyor-General must pay the money standing to the
credit of the Board to an account in the Special Deposits
and Trust Fund.
(2) The Surveyor-General must, after taking into
account any recommendations made by the Director or an
institution, pay that money to any person or body so as
best to foster and control the practice of registered
surveyors.
Saving for appeals
5. Where
(a) the Board has imposed a penalty on a surveyor
under section 18 of the repealed Act following
an inquiry under that section; and
39
sch. 1 No. Surveyors (No. 2) 2002
(b) the surveyor was, immediately before the
commencement day, entitled to appeal to the
Supreme Court under section 20 of the
repealed Act
the appeal may be heard and determined by the
Magistrates Court as if the decision of the Board were a
decision of the Director.
40 Government Printer, Tasmania