Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Land Surveying Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
PART 2--REGISTRATION AS LICENSED SURVEYOR 6
Division 1--Procedure for Obtaining Registration 6
4. Application for registration 6
5. Qualifications for registration 7
6. Grant of registration 7
7. Applicant entitled to make submissions 8
8. Notification of outcome of application 8
9. Duration of registration 9
10. Renewal of registration 9
11. Restoration of name to the register 10
12. Effect of suspension of registration 11
13. Registration obtained by fraud 11
Division 2--The Register 12
14. The register 12
15. Requirement to notify the Board of change of address 12
PART 3--INVESTIGATIONS INTO LICENSED SURVEYORS 13
16. Complaints about professional conduct 13
17. Investigation of complaints 13
18. Investigation may continue even if person no longer registered 14
19. Notification to licensed surveyor 14
20. Outcome of preliminary investigation 15
21. Board may institute a formal hearing 15
22. Establishment and notification of formal hearing 15
23. Constitution of a panel for a formal hearing 16
24. Conduct of a formal hearing 17
25. Findings and determinations of a formal hearing 18
i
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Clause Page
26. Procedure at formal hearing 19
27. Powers of panel conducting a formal hearing 20
28. Determinations 20
29. Removal of suspension, condition, limitation or restriction 20
30. Reasons for determinations of panel or Board 21
31. Notifications to complainant 21
32. Payment of panel members 22
PART 4--REVIEW BY VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL 23
33. Review by VCAT 23
34. Notification 23
PART 5--OFFENCES 25
35. Claims by persons as to registration 25
36. Fraud, forgery etc. 25
37. Offences by unregistered persons 26
38. Interference with survey pegs etc. 27
39. Obstruction of licensed surveyors etc. 27
PART 6--SURVEYOR-GENERAL 28
40. Surveyor-General 28
41. Powers and functions of Surveyor-General 28
42. Delegation 28
PART 7--SURVEYORS REGISTRATION BOARD OF VICTORIA 29
43. Establishment 29
44. Functions of the Board 29
45. Powers of the Board 31
46. Membership of the Board 31
47. Terms of office 32
48. Resignation and removal 32
49. Acting member 33
50. Payment of members 33
51. Meetings 33
52. Member's interests 34
53. Effect of vacancy or defect 35
54. Immunity 35
55. Staff 35
ii
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Clause Page
PART 8--MISCELLANEOUS 36
56. Identity card 36
57. Power of entry for cadastral surveys 36
58. Financial 37
59. Investment powers 38
60. Proceedings for offences 38
61. Publication of certain information 38
62. Regulations 39
PART 9--REPEAL, TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS 41
63. Definitions 41
64. Repeal 41
65. Proceedings before the old Board 41
66. Application of this Act to conduct occurring before
commencement of this Act 42
67. Existing registrations 42
68. Preparation of annual report 43
69. Saving of Surveyors (Cadastral Surveys) Regulations 1995 43
70. Consequential amendments 43
71. Amendment of Subdivision Act 1988 43
72. Amendment of Survey Co-ordination Act 1958 44
__________________
SCHEDULE--Consequential amendments 45
ENDNOTES 46
INDEX 47
iii
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 2 May 2001
A BILL
to provide for the management of cadastral surveying, to repeal the
Surveyors Act 1978 and for other purposes.
Land Surveying Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to provide for the annual registration of
5 licensed surveyors to perform cadastral
surveying in Victoria;
1
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 2
Act No.
(b) to provide for investigations into the
professional conduct of licensed surveyors;
(c) to establish the Surveyors Registration Board
of Victoria;
5 (d) to provide for the establishment of the
Surveyors Registration Board of Victoria
Fund;
(e) to repeal the Surveyors Act 1978 and make
consequential amendments to other Acts;
10 (f) to provide for fees for the maintenance of the
survey control network.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day to be proclaimed.
15 (2) If this Act does not come into operation before
1 January 2002, it comes into operation on that
day.
3. Definitions
In this Act--
20 "Board" means Surveyors Registration Board of
Victoria established under section 43;
"cadastral survey" means a survey made for or
in connection with, or for the purpose of
making or obtaining, a plan or survey data to
25 be used for or in connection with a dealing
or matter--
(a) relating to the alienation of Crown
land; or
(b) relating to or affecting title to any land;
30 or
2
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 3
Act No.
(c) relating to the determination,
re-establishment, identification or
adjustment of the boundaries of any
land; or
5 (d) without limiting paragraphs (a), (b) and
(c), under the Land Act 1958, the
Land Acquisition and Compensation
Act 1986, the Local Government Act
1989, the Property Law Act 1958, the
10 Transfer of Land Act 1958, the
Subdivision Act 1988, the Survey
Co-ordination Act 1958 or any other
Act or enactment relating to the
alienation of Crown land or to title to
15 any land;
"chairperson" means chairperson of the Board;
"Department" means Department of Natural
Resources and Environment;
"Fund" means Surveyors Registration Board of
20 Victoria Fund established under section 58;
"land" includes all land within the State whether
alienated from the Crown or not;
"lawyer" means a person admitted to legal
practice in Victoria;
25 "licensed surveyor" means a person whose name
is entered on the register;
"plan" includes any plan, sketch, map, aerial
photograph or description made or obtained
as part of a survey;
30 "reciprocal board" means cadastral surveying
registration authority, by whatever name
called, of another State, a Territory or
another country with which the Board has
made reciprocal arrangements for the
3
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 3
Act No.
purposes of this Act and those reciprocal
arrangements are for the time being in force;
"register" means Register of Licensed Surveyors
kept in accordance with section 14;
5 "survey" means the act or process of determining
the form, contour, position, area, height,
depth or any other similar particulars with
respect to--
(a) any part of the earth's surface (whether
10 land or water) or of any natural or
artificial features on, below or above
any part of that surface; or
(b) the length and direction of the
boundary lines of any part of that
15 surface or of any of those natural or
artificial features--
and includes the making or obtaining of a
plan of that surface and those features and
the placing or locating of a survey peg or
20 survey mark for those purposes;
"survey control network" means network of
permanent marks and survey marks adopted
or established in accordance with the Survey
Co-ordination Act 1958;
25 "unprofessional conduct" means--
(a) conduct by a licensed surveyor in the
course of engaging in business as a
licensed surveyor that falls short of the
standard of competence and diligence
30 that a member of the public is
reasonably entitled to expect of a
licensed surveyor; or
4
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 3
Act No.
(b) conduct by a licensed surveyor in the
course of engaging in business as a
licensed surveyor that would be
regarded by a licensed surveyor in good
5 standing as being unacceptable; or
(c) professional misconduct.
_______________
5
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 4
Act No.
PART 2--REGISTRATION AS LICENSED SURVEYOR
Division 1--Procedure for Obtaining Registration
4. Application for registration
(1) A person may apply to the Board for registration
5 as a licensed surveyor.
(2) An application must be in writing and--
(a) contain a business or residential address for
the applicant that will appear on the register;
and
10 (b) contain any other information required by
the Board; and
(c) be accompanied by evidence of the
qualifications and training which the
applicant claims entitle him or her to be
15 registered; and
(d) be accompanied by the prescribed
application fee.
(3) The Board may require the applicant to provide--
(a) further information or material in respect of
20 the application; and
(b) a statutory declaration under section 107 of
the Evidence Act 1958 verifying the
information in or in support of the
application; and
25 (c) proof of identity of the person making the
application.
6
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 5
Act No.
5. Qualifications for registration
A person is qualified for registration as a licensed
surveyor if--
(a) the person has passed an examination in
5 cadastral surveying set by or on behalf of the
Board; and
(b) the person has undertaken practical training
in cadastral surveying required by the Board;
and
10 (c) the person has--
(i) successfully completed a course of
study approved by the Board; or
(ii) a qualification that, in the opinion of
the Board, is substantially equivalent to
15 or is based on similar competencies to a
course of study approved by the Board;
or
(iii) a qualification recognised by a
reciprocal board authorising the person
20 to practise cadastral surveying.
6. Grant of registration
(1) The Board must grant registration to an applicant
if--
(a) the applicant is qualified for registration
25 under section 5; and
(b) there are no grounds under sub-section (2)
under which the Board may refuse to grant
registration to the applicant; and
(c) the applicant has provided the information
30 required under section 4; and
(d) the applicant has paid the application fee
required by section 4(2)(d) and the
prescribed registration fee.
7
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 7
8
Act No.
(2) The Board may refuse to grant registration to an
applicant if--
(a) the applicant has been found guilty of an
offence where the applicant's ability to
5 practise as a licensed surveyor is likely to be
affected because of the finding of guilt or
where it is not in the public interest to allow
the applicant to practise as a licensed
surveyor because of the finding of guilt; or
10 (b) the applicant has previously held a right to
practise cadastral surveying in another State,
a Territory or another country, being the
equivalent of registration as a licensed
surveyor under this Act, and that right has
15 been cancelled or suspended and not restored
because of conduct which, if committed
within Victoria, would entitle the Board to
suspend or cancel the registration.
(3) The Board may--
20 (a) impose any condition, limitation or
restriction it thinks appropriate on a
registration granted under this section; and
(b) amend, vary or revoke any condition,
limitation or restriction.
25 7. Applicant entitled to make submissions
If the Board is proposing to refuse an application
for registration, the Board must not do so until it
has given the applicant--
(a) notice of the proposal; and
30 (b) an opportunity to make submissions to the
Board about the proposal.
8. Notification of outcome of application
8
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
Act No.
(1) On determining an application for registration
under this Part, the Board must notify the
applicant--
(a) whether or not registration has been granted
5 to the applicant; and
(b) the conditions, limitations or restrictions, if
any, to which the registration is subject.
(2) If registration has not been granted, the notice
under sub-section (1) must include--
10 (a) the reasons why registration was not granted;
and
(b) a statement that the applicant has a right to
obtain a review of the decision not to grant
registration.
15 9. Duration of registration
Registration granted or renewed under this Part
remains in force for a term of 12 months unless
sooner cancelled or suspended.
10. Renewal of registration
20 (1) An application for renewal of registration--
(a) must be made to the Board before the
existing registration expires; and
(b) must be accompanied by the prescribed fee.
(2) If a person does not apply for renewal of
25 registration before the end of the existing
registration period, the Board may renew that
person's registration if--
(a) the application is made within 3 months after
the end of the registration period; and
30 (b) the person pays an additional prescribed fee
for a late application for renewal.
9
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 11
Act No.
(3) If a person's registration has expired without being
renewed, the person is deemed to be registered for
a period of 3 months after that expiry, and if, at
the end of that period of 3 months, the person has
5 not renewed his or her registration, the Board
must remove that person's name from the register.
(4) If the Board is satisfied that a person applying for
renewal of registration--
(a) has not practised as a licensed surveyor
10 during the period of 12 months immediately
preceding the application; or
(b) has not undertaken further professional
education or training in cadastral surveying
in accordance with a determination of the
15 Board, notice of which has been given to the
person; or
(c) has previously held a right to practise as a
licensed surveyor in another State or a
Territory or another country, being the
20 equivalent of registration as a licensed
surveyor under this Act, and that right has
been cancelled or suspended and not restored
because of conduct which, if committed
within Victoria, would entitle the Board to
25 suspend or cancel the registration--
the Board may refuse to renew the registration of
the person.
(5) The Board may refuse to renew the registration of
a person on any ground on which the Board might
30 refuse to grant registration.
11. Restoration of name to the register
If a person whose name has been removed from
the register under section 10(3)--
10
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 12
Act No.
(a) applies to the Board within 2 years from the
date of that removal to have his or her name
restored to the register; and
(b) undertakes any further examination, practical
5 training or course of study required by the
Board; and
(c) pays to the Board the prescribed fee--
the Board may restore that person's name to the
register.
10 12. Effect of suspension of registration
A licensed surveyor whose registration is
suspended is deemed not to be registered for the
period of suspension.
13. Registration obtained by fraud
15 (1) If the Board believes that the registration of a
licensed surveyor has been obtained by fraud or
misrepresentation or that the qualifications on
which the licensed surveyor relied for registration
have been withdrawn, the Board must conduct a
20 hearing into the matter.
(2) The Board must give notice of the time and place
of the hearing to the licensed surveyor.
(3) The provisions applying to the conduct of a
formal hearing under Part 3 apply to a hearing
25 under this section as if the hearing under this
section were a formal hearing.
(4) If, at the end of the hearing, the Board determines
that the registration of the licensed surveyor has
been obtained by fraud or misrepresentation or
30 that the qualifications on which the licensed
surveyor has relied for registration have been
withdrawn, the Board must cancel the registration
of the licensed surveyor.
11
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 14
Act No.
Division 2--The Register
14. The register
(1) The Board must cause to be kept a register of all
persons whom the Board has registered under this
5 Act.
(2) The register is to be called the Register of
Licensed Surveyors.
(3) The following particulars must be included on the
register against the name of the licensed surveyor
10 to whom they apply--
(a) the business or residential address of the
licensed surveyor;
(b) the educational or professional qualifications
of the licensed surveyor;
15 (c) any current suspension of the registration of
the licensed surveyor;
(d) any current condition, limitation or
restriction imposed on the registration of the
licensed surveyor.
20 (4) The register may be inspected without charge at
the office of the Board by any person during
ordinary office hours.
(5) A person may obtain a copy of or an extract from
the register on request.
25 15. Requirement to notify the Board of change of address
A licensed surveyor must notify the Board of any
change of the business or residential address of
the licensed surveyor recorded on the register
within 28 days after the change.
30 _______________
12
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 16
Act No.
PART 3--INVESTIGATIONS INTO LICENSED SURVEYORS
16. Complaints about professional conduct
(1) A person may make a complaint to the Board
about the professional conduct of a licensed
5 surveyor.
(2) A person may make a complaint to the Board
about a person who was a licensed surveyor but
ceased to be licensed surveyor if the complaint
relates to conduct of the other person at a time
10 when the other person was a licensed surveyor.
17. Investigation of complaints
(1) The Board must investigate a complaint
concerning the professional conduct of a licensed
surveyor.
15 (2) In order to determine whether or not it is
necessary to conduct a formal hearing into a
complaint, the Board may conduct a preliminary
investigation into the complaint.
(3) The Board may, in writing, delegate to--
20 (a) an officer of the Board; or
(b) a sub-committee of the Board consisting of
not more than 3 members of the Board
named in the delegation--
its power to conduct a preliminary investigation
25 into a complaint, other than its power to make
determinations on a preliminary investigation.
13
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 18
Act No.
18. Investigation may continue even if person no longer
registered
(1) The Board may--
(a) conduct an investigation into a complaint
5 referred to in section 16(2) and make a
finding or determination under this Part;
(b) conduct a hearing and make a finding or
determination under this Part in relation to a
complaint under section 16(2)--
10 as if the person referred to in that complaint were
a licensed surveyor.
(2) The Board may--
(a) conduct or continue to conduct an
investigation into the professional conduct of
15 a person who has ceased to be a licensed
surveyor but who was a licensed surveyor at
the time a complaint was made or the Board
had determined to conduct an investigation
into the conduct and make a finding or
20 determination under this Part;
(b) conduct or continue to conduct a hearing and
make a finding or determination under this
Part in relation to a person who has ceased to
be a licensed surveyor but was a licensed
25 surveyor at the time the Board had
determined to conduct a hearing into the
conduct--
as if the person were a licensed surveyor.
19. Notification to licensed surveyor
30 (1) The Board must give notice of the complaint to
the licensed surveyor.
(2) A notice under sub-section (1) must--
(a) be in writing; and
14
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 20
Act No.
(b) be sent by registered post as soon as
practicable after the complaint is received;
and
(c) advise the licensed surveyor of--
5 (i) the details of the complaint; and
(ii) the procedures for dealing with a
complaint under this Act.
20. Outcome of preliminary investigation
(1) On completing a preliminary investigation, the
10 person or persons conducting the investigation
may make one of the following
recommendations--
(a) that the investigation into the matter should
not proceed further; or
15 (b) that a formal hearing should be held into the
matter.
(2) The Board must determine whether or not to act
on the recommendation of the person or persons
conducting the preliminary investigation.
20 21. Board may institute a formal hearing
The Board may, of its own motion, whether or not
a complaint has been made, determine to conduct
a formal hearing into the professional conduct of a
licensed surveyor without conducting a
25 preliminary investigation.
22. Establishment and notification of formal hearing
(1) If the Board determines that a formal hearing be
held into the professional conduct of a licensed
surveyor, the Board must--
30 (a) appoint a panel to hold the hearing; and
(b) fix a time and place for the hearing to be
conducted; and
15
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 23
Act No.
(c) serve a notice which complies with sub-
section (2) on the licensed surveyor by
registered post; and
(d) serve a notice which complies with section
5 31(1) on the complainant (if any) by
registered post.
(2) A notice referred to in sub-section (1)(c) must--
(a) state the nature of the hearing and the
allegations made against the licensed
10 surveyor; and
(b) give the time and place of the hearing; and
(c) state that there is a right to make submissions
and to be represented, that the hearing is
open to the public, list the possible findings
15 the panel can make and state that there is a
right to apply for a review of the panel's
findings.
23. Constitution of a panel for a formal hearing
(1) A panel appointed under section 22 must consist
20 of not less than 3 members of the Board of
whom--
(a) one must be a licensed surveyor; and
(b) one must be a lawyer.
(2) A member of the Board who has undertaken a
25 preliminary investigation of a matter which is the
subject of a formal hearing is not eligible to be a
member of the panel for that hearing.
(3) If--
(a) the Board is unable to appoint a panel
30 because there are not enough suitably
qualified members available to sit on it; or
16
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 24
Act No.
(b) the Board is of the opinion that a person with
special expertise is required for the
hearing--
the Minister may fill the vacant positions on the
5 panel by appointing persons who are not members
of the Board.
24. Conduct of a formal hearing
At a formal hearing--
(a) the panel must hear and determine the matter
10 before it; and
(b) the licensed surveyor who is the subject of
the hearing is entitled to be present, to make
submissions and to be represented; and
(c) if the hearing arises out of a complaint, the
15 identity of the complainant is not to be
published or broadcast and the
complainant--
(i) in the case of a proceeding which has
not been closed under paragraph (d), is
20 entitled to be present; and
(ii) if not called as a witness, may make
submissions with the permission of the
Board; and
(d) the proceedings are to be open to the public
25 unless the panel determines that the
proceedings should be closed because the
hearing is taking evidence of personal or
financial matters; and
(e) if the panel has determined that the
30 proceedings are closed, the panel may
determine that the identity of any witness
giving evidence in the proceedings is not to
be published or broadcast; and
17
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 25
Act No.
(f) the panel may determine that any
information that might enable the licensed
surveyor who is the subject of the hearing to
be identified prior to the making of a final
5 determination must not be published or
broadcast if the panel considers it necessary
to do so to avoid prejudicing the
administration of justice or for any other
reason in the interests of justice.
10 25. Findings and determinations of a formal hearing
(1) After considering all the submissions made to a
formal hearing into the professional conduct of a
licensed surveyor, the panel may find that--
(a) the licensed surveyor has, whether by act or
15 omission, engaged in unprofessional conduct
of a serious nature; or
(b) the licensed surveyor has, whether by act or
omission, engaged in unprofessional conduct
which is not of a serious nature; or
20 (c) the licensed surveyor has not engaged in
unprofessional conduct.
(2) If the panel finds that the licensed surveyor has,
whether by act or omission, engaged in
unprofessional conduct of a serious nature, the
25 panel may make one or more of the following
determinations--
(a) caution the licensed surveyor;
(b) reprimand the licensed surveyor;
(c) require the licensed surveyor to undertake
30 further education or training of the kind
stated in the determination and to complete it
within the period specified in the
determination;
18
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 26
Act No.
(d) impose conditions, limitations or restrictions
on the registration of the licensed surveyor;
(e) require the licensed surveyor to rectify a
faulty survey;
5 (f) impose a fine on the licensed surveyor of not
more than $2000;
(g) suspend the registration of the licensed
surveyor for the period specified in the
determination;
10 (h) cancel the registration of the licensed
surveyor.
(3) If the panel finds under sub-section (1)(b) that the
licensed surveyor has, whether by act or omission,
engaged in unprofessional conduct which is not of
15 a serious nature, the panel may make any
determination referred to in paragraph (a), (b) or
(c) of sub-section (2).
(4) The panel must not impose a fine where the
conduct which is the subject of the finding has
20 resulted in a fine being imposed by another
tribunal or court of law.
(5) If the panel has made an order under paragraph
(c), (e) or (f) of sub-section (2) and the licensed
surveyor has not complied with the order within
25 the time specified in the order, the Board may
suspend the licensed surveyor's registration until
the order is complied with.
26. Procedure at formal hearing
At a formal hearing--
30 (a) subject to this Part, the procedure of a panel
is in its discretion; and
(b) the proceedings must be conducted with as
little formality and technicality as the
19
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 27
Act No.
requirements of this Act and the proper
consideration of the matter permit; and
(c) a panel is not bound by rules of evidence but
may inform itself in any way it thinks fit;
5 and
(d) a panel is bound by the rules of natural
justice.
27. Powers of panel conducting a formal hearing
Sections 14, 15, 16 and 21A of the Evidence Act
10 1958 apply to a panel in the conduct of a formal
hearing as if it were a board or the chairman of a
board appointed by the Governor in Council.
28. Determinations
(1) A determination made by a panel on a hearing
15 comes into operation on its making or at any later
time stated in the determination.
(2) A determination of a panel is to have effect as if it
were a determination of the Board.
(3) If a fine is imposed by a panel, it may be
20 recovered by the Board as a debt due to the Board.
(4) The Board must pay any fine recovered under
sub-section (3) into the Surveyors Registration
Board of Victoria Fund.
29. Removal of suspension, condition, limitation or
25 restriction
(1) If the Board has suspended the registration of a
licensed surveyor until the completion of a
hearing and, at the completion of the hearing, the
panel determines that the suspension should be
30 removed, the Board must remove the suspension.
(2) If a condition, limitation or restriction has been
imposed on the registration of a licensed surveyor
and, at the completion of a hearing, the panel
20
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 30
Act No.
determines that the condition, limitation or
restriction should be removed, the Board must
remove the condition, limitation or restriction.
30. Reasons for determinations of panel or Board
5 (1) A panel must give reasons for a determination
made under this Part to the licensed surveyor who
was the subject of the determination within
28 days after the making of the determination.
(2) A person affected by a determination of a panel
10 may apply to the panel for the reasons for that
determination.
(3) An application under sub-section (2) must be
made within 45 days after the making of the
determination and reasons must be given to the
15 applicant within 45 days after receiving the
application.
31. Notifications to complainant
(1) If a complaint has been made to the Board, the
Board must notify the complainant--
20 (a) within 28 days after the making of the
complaint; or
(b) if a preliminary investigation is conducted,
within 28 days after the completion of the
preliminary investigation--
25 whether a formal hearing is to be conducted into
the matter and, if so, the time and place of the
hearing and whether the complainant has a right to
make submissions at the hearing.
(2) If a formal hearing arising from a complaint is
30 conducted, the Board must notify the complainant
of--
(a) the findings and determinations of the formal
hearing; and
21
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 32
Act No.
(b) the reasons for those findings and
determinations--
within 28 days after they are made.
32. Payment of panel members
5 A member of a panel is entitled to receive the fees
and allowances referred to in section 50 as if he or
she were a member or acting member of the
Board.
_______________
10
22
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 33
Act No.
PART 4--REVIEW BY VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL
33. Review by VCAT
(1) A person whose interests are affected by the
5 relevant decision, finding or determination may
apply to the Victorian Civil and Administrative
Tribunal for review of--
(a) a decision to refuse the person's application
for registration or renewal of registration; or
10 (b) a decision to impose conditions, limitations
or restrictions on the person's registration; or
(c) a finding or determination made at a formal
hearing under Part 3.
(2) The application must be made within 28 days after
15 the date on which the Board gives notice of the
decision, finding or determination to the person
concerned.
(3) If a finding has been made at a formal hearing
under Part 3 but no final determination has been
20 made at the hearing, an application for review can
only be made with the leave of the Tribunal.
34. Notification
(1) If a decision, finding or determination has been
reviewed by the Victorian Civil and
25 Administrative Tribunal, the Board must notify
any person who was notified of the original
decision, finding or determination of any change
to that decision, finding or determination by the
Victorian Civil and Administrative Tribunal.
23
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 34
Act No.
(2) If a panel makes a determination under paragraph
(d), (g) or (h) of section 25(2) and--
(a) the Victorian Civil and Administrative
Tribunal affirms or varies the determination
5 or makes another decision that includes such
a determination; or
(b) no application for review of the
determination is made within the period
referred to in section 33(2)--
10 the Board must give notice of the determination to
all reciprocal boards.
_______________
24
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 35
Act No.
PART 5--OFFENCES
35. Claims by persons as to registration
A person who is not registered under this Act as a
licensed surveyor must not--
5 (a) take or use the title of licensed surveyor or
the letters "L.S." or any other title calculated
to induce a belief that the person is
registered under this Act; or
(b) claim to be registered under this Act or hold
10 himself or herself out as being registered
under this Act; or
(c) carry out any act which is required to be
carried out by a licensed surveyor by or
under an Act; or
15 (d) claim to be qualified to practise as a licensed
surveyor.
Penalty: 60 penalty units.
36. Fraud, forgery etc.
A person must not--
20 (a) fraudulently or by false representation or
declaration (either orally or in writing)
obtain registration under this Act; or
(b) fraudulently or by false representation (either
orally or in writing) procure any person to be
25 registered under this Act; or
(c) forge, counterfeit or alter any certificate of
registration under this Act or any degree,
diploma or other evidence of qualifications
for registration under this Act.
30 Penalty: 60 penalty units.
25
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 37
Act No.
37. Offences by unregistered persons
(1) A person who is not registered under this Act as a
licensed surveyor must not--
(a) certify to the accuracy of a cadastral survey;
5 or
(b) sign or initial a plan purporting to be the plan
of a cadastral survey.
Penalty: 60 penalty units.
(2) A person who--
10 (a) is not registered under this Act as a licensed
surveyor; or
(b) is not acting under the direction and
supervision of a licensed surveyor--
must not place in position in relation to any land a
15 peg or other mark that may reasonably be taken
for a survey peg or survey mark placed by or
under the direction of a licensed surveyor for the
purposes of a cadastral survey.
Penalty: 60 penalty units.
20 (3) A person who--
(a) is not registered under this Act as a licensed
surveyor; or
(b) is not acting under the direction and
supervision of a licensed surveyor--
25 must not--
(c) make, or undertake to make, a cadastral
survey; or
(d) carry out, or undertake to carry out, any
work in connection with a cadastral survey.
30 Penalty: 10 penalty units.
26
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 38
Act No.
38. Interference with survey pegs etc.
(1) A person must not, without reasonable excuse,
interfere with a survey peg or survey mark placed
in position by or under the direction of a licensed
5 surveyor.
Penalty: 10 penalty units.
(2) For the purposes of section 86 of the Sentencing
Act 1991, compensation for loss or destruction of,
or damage to, property as a result of the offence
10 shall include any expenses incurred in replacing
or re-establishing the survey peg or survey mark.
39. Obstruction of licensed surveyors etc.
A person must not wilfully obstruct--
(a) a licensed surveyor; or
15 (b) a person acting under the direction of a
licensed surveyor--
in carrying out his or her professional work or in
exercising any power conferred by this Act or any
other Act.
20 Penalty: 10 penalty units.
_______________
27
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 40
Act No.
PART 6--SURVEYOR-GENERAL
40. Surveyor-General
(1) There is to be a Surveyor-General employed under
Part 3 of the Public Sector Management and
5 Employment Act 1998.
(2) A person is not eligible to hold the office of
Surveyor-General unless the person is a licensed
surveyor.
41. Powers and functions of Surveyor-General
10 The Surveyor-General has the powers and
functions conferred on him or her by or under this
or any other Act.
42. Delegation
The Surveyor-General, by instrument, may
15 delegate to any licensed surveyor, or class of
licensed surveyors, employed under Part 3 of the
Public Sector Management and Employment
Act 1998 any power or function of the Surveyor-
General relating to the certification of plans.
20 _______________
28
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 43
Act No.
PART 7--SURVEYORS REGISTRATION BOARD OF
VICTORIA
43. Establishment
(1) The Surveyors Registration Board of Victoria is
5 established by this Act.
(2) The Board--
(a) is a body corporate with perpetual
succession;
(b) has a common seal;
10 (c) may sue and be sued in its corporate name;
(d) may do and suffer all acts and things that a
body corporate may by law do and suffer.
(3) The common seal must be kept as directed by the
Board and must not be used except as authorised
15 by the Board.
(4) All courts and tribunals must take judicial notice
of the seal of the Board on a document and, until
the contrary is proved, must presume that the
document was properly sealed.
20 44. Functions of the Board
The functions of the Board are--
(a) to advise the Minister on the administration,
policies and strategic directions of cadastral
surveying and the survey control network
25 and the maintenance of the survey control
network;
(b) to register cadastral surveyors as licensed
surveyors;
(c) to keep a register of licensed surveyors;
30 (d) to determine qualifications required for
registration as licensed surveyors;
29
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 44
Act No.
(e) to approve courses of study which provide
qualifications for registration as licensed
surveyors;
(f) to determine practical training required to
5 establish competence for registration as
licensed surveyors;
(g) to hold examinations to establish
competence for registration as licensed
surveyors;
10 (h) to issue and publish guidelines about the
educational, training and technical standards
required for cadastral surveying;
(i) to investigate the professional conduct or
fitness to practise of licensed surveyors and
15 impose sanctions where necessary;
(j) to enter into and give effect to reciprocal
arrangements, not inconsistent with this Act,
with the cadastral surveying registration
authority, by whatever name called, of
20 another State, a Territory or another country
for or with respect to--
(i) securing uniformity in the education,
training and examination of persons in
cadastral surveying;
25 (ii) granting exemptions from a course of
study, practical training or examination
required for registration as a licensed
surveyor in Victoria to a person who
satisfies the Board that the person has
30 completed outside Victoria a course of
study or practical training or has passed
an examination of a similar standard to
that required for registration in
Victoria;
30
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 45
Act No.
(k) any other functions conferred on the Board
by this or any other Act.
45. Powers of the Board
The Board has all the powers necessary to enable
5 it to perform its functions.
46. Membership of the Board
(1) The Board consists of not more than 8 members
appointed by the Minister.
(2) Of the persons appointed to the Board--
10 (a) one must be the Surveyor-General; and
(b) 2 must be licensed surveyors registered
under section 6 who are not persons
employed under Part 3 of the Public Sector
Management and Employment Act 1998;
15 and
(c) one must be a person who is engaged in the
teaching of cadastral surveying at a tertiary
institution; and
(d) one must be a licensed surveyor registered
20 under section 6 who is employed under Part
3 of the Public Sector Management and
Employment Act 1998 and who assists in
the registration of plans for land title
registration in the Department of Natural
25 Resources and Environment; and
(e) one must be a lawyer; and
(f) the remainder must--
(i) be persons who, in the opinion of the
Minister, have skills, experience or
30 knowledge that will assist the Board to
carry out its functions; and
(ii) include a person representing the
interests of the community; and
31
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 47
Act No.
(iii) include a person representing the
interests of property owners and
developers.
(3) The Minister must appoint one member to be
5 chairperson.
47. Terms of office
(1) A member of the Board holds office for the term
not exceeding 3 years that is specified in the
member's instrument of appointment.
10 (2) A member of the Board is eligible for
reappointment.
(3) The Public Sector Management and
Employment Act 1998 (except in accordance
with Part 7 of that Act) does not apply to a
15 member in respect of the office of member.
48. Resignation and removal
(1) A member of the Board ceases to be a member if
he or she is absent, without leave first being
granted by the Board, from 3 consecutive
20 meetings of which reasonable notice has been
given to that member, either personally or by post.
(2) A member of the Board appointed under
paragraph (a), (b), (c), (d) or (e) of section 46(2)
ceases to be a member if he or she ceases to hold
25 the qualification for appointment referred to in the
paragraph.
(3) A member of the Board may resign the office of
member by writing signed by the member and
addressed to the Minister.
30 (4) The Minister may at any time remove a member
of the Board from office.
(5) If a member of the Board dies, resigns, is removed
from office or ceases to hold office under this
32
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 49
Act No.
section, the Minister may, in accordance with this
Act, fill the vacant office.
(6) A member appointed under sub-section (5) holds
office for the rest of the term of appointment of
5 the member whose place he or she fills.
49. Acting member
(1) If a member of the Board is unable to perform the
duties or functions of the office, the Minister may
appoint a person qualified to be appointed as that
10 member to act as the member during the period of
inability.
(2) The Minister--
(a) subject to this Act, may determine the terms
and conditions of appointment of an acting
15 member; and
(b) may at any time terminate the appointment.
(3) While the appointment of an acting member
remains in force, the acting member has and may
exercise all the powers and perform all the duties
20 and functions of the member.
50. Payment of members
A member or acting member of the Board, other
than a member who is an employee under Part 3
of the Public Sector Management and
25 Employment Act 1998, is entitled to receive the
fees and allowances that are fixed from time to
time by the Minister.
51. Meetings
(1) The chairperson or, in his or her absence, a
30 member elected by the members present must
preside at a meeting of the Board.
(2) Subject to section 23, the quorum of the Board is
5 members.
33
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 52
Act No.
(3) A question arising at a meeting of the Board must
be determined by a majority of votes of members
present and voting on the question.
(4) In the case of an equality of votes, the person
5 presiding has a second or casting vote.
(5) The person presiding at a meeting of the Board
must ensure that accurate minutes of the meeting
are kept.
(6) Subject to this Act, the Board may regulate its
10 own proceedings.
52. Member's interests
(1) A member who has a pecuniary or other interest in
any matter in which the Board is concerned
must--
15 (a) if the member is present at a meeting of the
Board at which the matter is to be
considered, disclose the nature of the interest
immediately before the consideration of that
matter; or
20 (b) if the member is aware that the matter is to
be considered at a meeting of the Board at
which the member does not intend to be
present, disclose the nature of the interest to
the chairperson before the meeting is held.
25 (2) The member--
(a) may take part in the discussion in the
meeting; and
(b) must leave the meeting while any vote is
taken on a question relating to the matter.
34
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 53
Act No.
53. Effect of vacancy or defect
An act or decision of the Board is not invalid only
because--
(a) of a vacancy in its membership; or
5 (b) of a defect or irregularity in the appointment
of any of its members; or
(c) in the case of an acting member, the
occasion for that member so acting had not
arisen or had ceased.
10 54. Immunity
(1) A member of the Board is not personally liable for
anything done or omitted to be done in good
faith--
(a) in the exercise of a power or the discharge of
15 a duty under this Act or the regulations; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the discharge of a duty under this Act or the
regulations.
20 (2) Any liability resulting from an act or omission
that would but for sub-section (1) attach to a
member of the Board attaches instead to the
Board.
55. Staff
25 The Board may employ a person to be responsible
for maintaining the register and any other persons
that are necessary for the purposes of
administering this Act.
_______________
30
35
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 56
Act No.
PART 8--MISCELLANEOUS
56. Identity card
(1) The Board must issue an identity card to each
licensed surveyor.
5 (2) The identity card must--
(a) bear the name and the photograph of the
licensed surveyor; and
(b) state that the person named is a licensed
surveyor; and
10 (c) state the registration number of the licensed
surveyor.
57. Power of entry for cadastral surveys
(1) In this section--
"business day" means a day other than a
15 Saturday, a Sunday or a public holiday
appointed under the Public Holidays Act
1993.
(2) A licensed surveyor, or a person acting under the
direction and supervision of a licensed surveyor,
20 may, during ordinary working hours on any
business day and after giving reasonable notice to
the occupier of the land, enter land and do on the
land all acts, including the placing of survey pegs
or survey marks that are reasonably necessary for
25 the purposes of a cadastral survey.
(3) A licensed surveyor, or a person acting under the
direction and supervision of a licensed surveyor,
may not exercise any powers under this section if
he or she fails to produce, on request, for
30 inspection by the occupier of the land the identity
card issued to the licensed surveyor under this
Part or identification that shows that the person is
36
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 58
Act No.
acting under the direction and supervision of a
licensed surveyor.
(4) A person may not, under this section, enter a
residence unless the occupier of the residence--
5 (a) has consented in writing to the entry; and
(b) is given a copy of the signed consent
immediately.
(5) If, in any proceeding, a written consent is not
produced to the court, it must be presumed, until
10 the contrary is proved, that the occupier of the
residence did not consent to the entry.
(6) A licensed surveyor is liable for damage caused
by the licensed surveyor or a person acting under
his or her direction and supervision in the exercise
15 of powers under this section but is not liable for
trespass in the exercise of those powers.
58. Financial
(1) The Board must establish and keep a Surveyors
Registration Board of Victoria Fund.
20 (2) All money immediately before the
commencement of this Act standing to the credit
of the Surveyors Board Account established under
the Surveyors Act 1978 must, on that
commencement, be paid into the Fund.
25 (3) All fees, fines and penalties paid or recovered by
the Board under this or any other Act must be paid
into the Fund.
(4) The Board must pay any other money received by
it into the Fund, including income from the
30 investments of the Fund.
(5) Out of the Fund, the Board must pay--
37
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 59
Act No.
(a) the expenses incurred by it in carrying out its
functions, powers and duties; and
(b) any other expenses incurred in the
administration of this Act; and
5 (c) any payments to be made to members of the
Board under this Act and any payments to be
made to other persons under this Act; and
(d) any other payment recommended by the
Board and approved by the Minister.
10 59. Investment powers
The Board may invest money credited to the Fund
that it does not immediately require--
(a) in any manner in which money may be
invested under the Trustee Act 1958; or
15 (b) in any other manner that the Minister
approves.
60. Proceedings for offences
(1) Proceedings under this Act may be brought--
(a) by the Board; or
20 (b) in the name of the Board by a person
authorised by the Board.
(2) Any prosecution instituted in the name of the
Board must, in the absence of evidence to the
contrary, be taken to have been instituted by the
25 Board.
61. Publication of certain information
The Board must cause to be published--
(a) details of the practical training required by
the Board and the courses of study approved
30 by the Board under section 5(a); and
38
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 62
Act No.
(b) the procedure for making a complaint about
the professional conduct of a licensed
surveyor; and
(c) any changes to those details or that
5 procedure, from time to time.
62. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) securing the establishment and providing for
10 the maintenance of survey marks;
(b) prescribing the particulars to be included in
notices given under this Act;
(c) prescribing forms;
(d) prescribing fees, including--
15 (i) fees for applications for registration;
(ii) fees for registration;
(iii) renewal fees;
(iv) fees for late applications for renewal;
(v) examination fees;
20 (vi) fees for evidence of registration;
(e) prescribing the form of certificate that--
(i) every plan; and
(ii) field records; and
(iii) every abstract of field records--
25 of a cadastral survey made by a licensed
surveyor must bear;
(f) requiring plans, field records and abstracts of
field records to be prepared by a licensed
surveyor for the purposes of any cadastral
30 survey made by the licensed surveyor and
39
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 62
Act No.
prescribing the form of those field records
and abstracts of field records;
(g) prescribing standards for cadastral surveys;
(h) generally regulating and controlling the
5 making of cadastral surveys;
(i) generally prescribing any other matter or
thing required or permitted by this Act to be
prescribed or necessary to be prescribed to
give effect to this Act.
10 (2) The regulations--
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstance; and
(c) may impose penalties not exceeding
15 10 penalty units for a contravention of the
regulations.
_______________
40
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 63
Act No.
PART 9--REPEAL, TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS
63. Definitions
In this Part--
5 "new Board" means the Surveyors Registration
Board of Victoria established under this Act;
"old Board" means the Surveyors Board
established under the repealed Act;
"repealed Act" means the Surveyors Act 1978
10 as in force immediately before its repeal.
64. Repeal
No. 9180. The Surveyors Act 1978 is repealed.
65. Proceedings before the old Board
(1) If an inquiry into the activities of a licensed
15 surveyor under the repealed Act has commenced
but not been completed before the commencement
of this Act--
(a) that inquiry may be completed by the old
Board after that commencement; and
20 (b) any appeal or other further proceedings
which might have been taken in relation to
that inquiry under the repealed Act may be
taken after that commencement--
as if this Act had not been enacted.
25 (2) The new Board must give effect to--
(a) a decision made on an inquiry completed by
the old Board; or
(b) a decision of the County Court on an appeal
under section 20 of the repealed Act--
30 as if it were a decision under this Act.
41
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 66
Act No.
66. Application of this Act to conduct occurring before
commencement of this Act
(1) In the case of activities of a person who is deemed
by section 67 to be a licensed surveyor under this
5 Act which occurred before the commencement of
Part 3 and in respect of which no proceedings
have been commenced under the repealed Act,
this Act applies to the extent that there was power
to conduct an inquiry under Part 2 of the repealed
10 Act into those activities.
(2) Any determination or outcome of a hearing into
those activities must be one which would have
been available as a finding or decision in an
inquiry by the Board under the repealed Act.
15 (3) This section does not apply to activities which are
the subject of proceedings to which section 65
applies.
67. Existing registrations
(1) A person who was a licensed surveyor under the
20 repealed Act immediately before the
commencement of this Act is deemed to be
registered as a licensed surveyor under this Act.
(2) If a person is deemed to be registered under this
section, and the registration of that person under
25 the repealed Act immediately before the
commencement of this Act was suspended, the
registration of that person under this Act is
deemed to be suspended for the remainder of the
period for which that person's registration would
30 have been suspended under the repealed Act.
(3) The registration of a person who is deemed to be
registered under this section expires, unless
sooner cancelled--
(a) if the person pays the prescribed registration
35 fee within 3 months after the commencement
42
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 68
Act No.
of this Act, at the end of the period of
12 months after the commencement of this
Act, unless the registration is renewed under
section 10; or
5 (b) in any other case, at the end of the period of
3 months after the commencement of this
Act.
68. Preparation of annual report
The new Board shall prepare the annual reports
10 that the old Board would have been required to
prepare under the Financial Management Act
1994 in respect of any part of a year during which
the old Board operated.
69. Saving of Surveyors (Cadastral Surveys) Regulations
15 1995
The Surveyors (Cadastral Surveys) Regulations
1995 as in force immediately before the
commencement of this Act are deemed to
continue in force and may be amended or revoked
20 under this Act as if made under this Act.
70. Consequential amendments
On the coming into operation of an item in the
Schedule, the Act specified in the heading to that
item is amended as set out in that item.
25 71. Amendment of Subdivision Act 1988
In section 5(3) of the Subdivision Act 1988, after
paragraph (e) insert--
"; and
(f) in addition to any other fee payable under
30 this Act, pay to the Registrar the fee, if any,
prescribed under the Survey Co-ordination
Act 1958 for the maintenance of the survey
control network.".
43
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
s. 72
Act No.
72. Amendment of Survey Co-ordination Act 1958
In section 22(1) of the Survey Co-ordination Act
1958, after paragraph (c) insert--
"(ca) prescribing fees for the maintenance of the
5 survey control network to be paid on the
lodgment of certified plans of subdivision at
the Office of Titles under section 5(3) of the
Subdivision Act 1988;".
__________________
10
44
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
Sch.
Act No.
SCHEDULE
Section 70
CONSEQUENTIAL AMENDMENTS
1. Subdivision Act 1988
5 In section 20A, for "Surveyors Act 1978" (wherever
occurring) substitute "Land Surveying Act 2001".
2. Survey Co-ordination Act 1958
2.1 In section 3--
(a) in the definition of "licensed surveyor", for
10 "Surveyors Act 1978" substitute "Land Surveying
Act 2001";
(b) for the definition of "Surveyors Board" substitute--
' "Surveyors Registration Board" means the
Surveyors Registration Board of Victoria
15 established under the Land Surveying Act
2001;'.
2.2 In section 6(3), for "Surveyors Act 1978 or the regulations
thereunder" substitute "Land Surveying Act 2001 or the
regulations under that Act".
20 2.3 In section 12(1), for "Surveyors Board" substitute
"Surveyors Registration Board".
2.4 In section 22(1)(g), for "Surveyors Act 1978 or the
regulations thereunder" substitute "Land Surveying Act
2001 or the regulations under that Act".
25 3. Transfer of Land Act 1958
3.1 In section 4(1)--
(a) in the definition of "licensed surveyor", for
"Surveyors Act 1978" substitute "Land Surveying
Act 2001";
30 (b) in the definition of "survey", for "Surveyors Act
1978" substitute "Land Surveying Act 2001".
3.2 In section 95(2), for "Surveyors Act 1978" substitute
"Land Surveying Act 2001".
35
45
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
INDEX
46
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
Act No.
Subject Section
Act
amendments to other Acts 70ญ72, Sch.
commencement 2
purposes 1
repeals 64
transitional provisions and savings 63, 65ญ69
Cadastral surveys
Board's functions 44
definition of cadastral survey 3
offences 35, 37, 38
plans (def.) 3
rectification of faulty surveys 25
survey (def.) 3
survey control network (def.) 3
licensed surveyors' powers of entry 57
Complaints
about surveyors no longer registered 16, 18
formal hearings into 20ญ31
investigation of 17ญ20
making of 16, 61
notice to surveyor of 19
3, 63
Definitions
Formal hearings
complainants' rights 22, 24, 31
conduct of 24, 26ญ27
establishment 22
findings and determinations 22, 24, 25, 28, 30,
31, 33ญ34
instituted by Board 21
into surveyors no longer registered 18
notices 22, 31
panel 22ญ23, 26ญ27, 32
protection of identity of complainants, witnesses,
surveyors 24
reasons for determinations 30, 31
recommendation to conduct 20
representation of surveyors 22, 24
review of findings or determinations 22, 33ญ34
submissions to 22, 24, 31
17ญ20
Investigations
Licensed surveyors
address on register 4, 14ญ15
definition 3
entry powers for cadastral surveys 57
identity cards 56, 57
inquiries under repealed Act into 65ญ66
obstruction of 39
unprofessional conduct 3, 25
47
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
Act No.
Subject Section
See also Complaints; Formal hearings;
Qualifications and training; Registration
23, 46, 48, 49, 50
Minister's powers
Offences
by unregistered persons 35, 37
effect on registration of findings of guilt 6
interference with survey pegs or marks 38
obstruction of licensed surveyors 39
proceedings for 60
regarding registration 35ญ36
Qualifications and training
Board's functions 44
forgeries 36
further education, training required by Board 10, 11, 25
inclusion on register 14
publication of Board's requirements 61
requirements for registration 4, 5
withdrawal 13
3, 5, 34, 44
Reciprocal boards and arrangements
4, 14ญ15
Register of Licensed Surveyors
removal and restoration of name 10ญ11
Registration
applications 4
cancellation 13, 25, 33ญ34
conditions, limitations, restrictions 6, 8, 14, 25, 29,
33ญ34
duration 9
expiry 10, 67
fees 4, 6, 10, 11, 62, 67
grant of 6
notification of applicants 7, 8
obtained by fraud, forgery 13, 36
offences 35ญ36
qualifications 4, 5, 13, 36, 44, 61
reciprocal boards and arrangements 3, 5, 34, 44
refusal 6, 7, 8, 33ญ34
renewal 10, 33ญ34, 67
review of decisions regarding 8, 33ญ34
submissions 7
suspension 12, 14, 25, 29,
33ญ34, 67
under repealed Act 67
62, 69
Regulations
33ญ34
Review by VCAT
40ญ42, 46
Surveyor-General
Surveyors See Licensed surveyors
58, 63ญ68
Surveyors Act 1978
Surveyors Registration Board of Victoria
acting members 49
48
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Land Surveying Act 2001
Act No.
Subject Section
chairperson 46, 51
establishment 43
functions 44
immunity from liability of members 54
meetings 51
members 46ญ50, 52, 54
pecuniary or other interests of members 52
powers 45
powers and duties regarding
Fund 28, 58ญ59
hearings into registration obtained by fraud 13
identity cards for surveyors 56
old Board 65, 68
proceedings for offences 60
publication of certain information 61
reciprocal boards and arrangements 3, 5, 34, 44
recovery of fines imposed by panel 28
register 10ญ11, 14ญ15
staff 55
validity of decisions 53
28, 58ญ59
Surveyors Registration Board of Victoria Fund
Surveys
Victorian Civil and Administrative Tribunal
review powers 33ญ34
ญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญ
49
541178B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
[Index] [Search] [Download] [Related Items] [Help]