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PARLIAMENT OF VICTORIA
Surveying Act 2004
Act No.
Victorian Legislation Parliamentary Documents
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. Renewal of registration 8
8. Conditions, limitations and restrictions on registration 10
9. Applicant entitled to make submissions 10
10. Notification of outcome of application 10
11. Duration of registration 11
12. Restoration of name to the register 11
13. Effect of suspension of registration 11
14. Registration obtained by fraud 12
Division 2--The Register 12
15. The register 12
16. Certificates of registration 13
17. Requirement to notify the Board of change of address 14
PART 3--INVESTIGATIONS INTO LICENSED SURVEYORS 15
18. Complaints about professional conduct 15
19. Investigation of complaints 15
20. Investigation may continue even if person no longer registered 15
21. Notification to licensed surveyor 16
22. Outcome of preliminary investigation 17
23. Board may institute a formal hearing 17
24. Establishment and notification of formal hearing 17
25. Constitution of a panel for a formal hearing 18
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Clause Page
26. Conduct of a formal hearing 19
27. Findings and determinations of a formal hearing 20
28. Procedure at formal hearing 21
29. Powers of panel conducting a formal hearing 22
30. Determinations 22
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31. Notifications to complainant 22
32. Payment of panel members 23
PART 4--REVIEW BY VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL 24
33. Review by VCAT 24
34. Notification 25
PART 5--OFFENCES 26
35. Claims by persons as to registration 26
36. Fraud, forgery etc. 26
37. Offences by unregistered persons 27
38. Interference with survey pegs etc. 28
39. Obstruction of licensed surveyors etc. 28
PART 6--SURVEYOR-GENERAL 29
40. Surveyor-General 29
41. Suspension and removal of Surveyor-General 29
42. Functions and powers of Surveyor-General 30
43. Delegation 32
PART 7--SURVEYORS REGISTRATION BOARD OF
VICTORIA 33
44. Establishment 33
45. Functions of the Board 33
46. Powers of the Board 35
47. Membership of the Board 35
48. Terms of office 36
49. Resignation and removal 36
50. Acting member 37
51. Payment of members 37
52. Meetings 38
53. Member's interests 38
54. Effect of vacancy or defect 39
55. Immunity 39
56. Staff 40
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Clause Page
PART 8--MISCELLANEOUS 41
57. Identity card 41
58. Power of entry for cadastral surveys 41
59. Financial 42
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60. Investment powers 43
61. Proceedings for offences 43
62. Publication of certain information 44
63. Regulations 44
PART 9--REPEAL, TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS 46
64. Definitions 46
65. Repeal 46
66. Proceedings before the old Board 46
67. Application of this Act to conduct occurring before
commencement of this Act 47
68. Existing registrations 47
69. Preparation of annual report 48
70. Saving of Surveyors (Cadastral Surveys) Regulations 1995 48
71. Consequential amendments 48
72. Amendment of Subdivision Act 1988 49
73. Amendment of Survey Co-ordination Act 1958 49
__________________
SCHEDULE--Consequential Amendments 50
ENDNOTES 52
INDEX 53
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PARLIAMENT OF VICTORIA
Initiated in Assembly 4 May 2004
Victorian Legislation Parliamentary Documents
A BILL
to provide for the management of cadastral surveying, to repeal the
Surveyors Act 1978 and for other purposes.
Surveying Act 2004
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
licensed surveyors to perform cadastral
5
surveying in Victoria;
(b) to provide for investigations into the
professional conduct of licensed surveyors;
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(c) to establish the Surveyors Registration Board
of Victoria;
(d) to provide for the establishment of the
Surveyors Registration Board of Victoria
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Fund;
5
(e) to repeal the Surveyors Act 1978 and make
consequential amendments to other Acts;
(f) to provide for fees for the maintenance of the
survey control network.
2. Commencement
10
(1) Subject to sub-section (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before
1 January 2005, it comes into operation on that
day.
15
3. Definitions
In this Act--
"Board" means Surveyors Registration Board of
Victoria established under section 44;
"cadastral survey" means a survey made for or
20
in connection with, or for the purpose of
making or obtaining, a plan or survey data to
be used for or in connection with a dealing or
matter--
(a) relating to the alienation of Crown land;
25
or
(b) relating to or affecting title to any land;
or
(c) relating to the determination,
re-establishment, identification or
30
adjustment of the boundaries of any
land; or
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(d) without limiting paragraphs (a), (b)
and (c), under the Land Act 1958, the
Land Acquisition and Compensation
Act 1986, the Local Government Act
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1989, the Property Law Act 1958, the
5
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
10
any land;
"chairperson" means chairperson of the Board;
"Department" means Department of
Sustainability and Environment;
"Fund" means Surveyors Registration Board of
15
Victoria Fund established under section 59;
"land" includes all land within the State whether
alienated from the Crown or not;
"lawyer" means a person admitted to legal
practice in Victoria;
20
"licensed surveyor" means a person whose name
is entered on the register;
"plan" includes any plan, sketch, map, aerial
photograph or other document or description
made or obtained as part of a survey;
25
"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
30
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 15;
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"survey" means the act or process of determining
the form, contour, position, area, height,
depth or any other similar particulars with
respect to--
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(a) any part of the earth's surface (whether
5
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 surface or of
10
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
15
survey mark for those purposes;
"survey control network" means the geodetic
system that provides spatial references in
Victoria by--
(a) permanent marks and survey marks
20
adopted or established in accordance
with the Survey Co-ordination Act
1958; and
(b) survey marks established under this Act
or under the Surveyors (Cadastral
25
Surveys) Regulations 1995 referred to
in section 70; and
(c) the application of data obtained from
global navigation satellite systems;
"unprofessional conduct" means--
30
(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
that a member of the public is
35
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reasonably entitled to expect of a
licensed surveyor; or
(b) conduct by a licensed surveyor in the
course of engaging in business as a
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licensed surveyor that would be
5
regarded by a licensed surveyor in good
standing as being unacceptable; or
(c) professional misconduct.
__________________
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PART 2--REGISTRATION AS LICENSED SURVEYOR
Division 1--Procedure for Obtaining Registration
Victorian Legislation Parliamentary Documents
4. Application for registration
(1) A person may apply to the Board for registration
as a licensed surveyor.
(2) An application must be in writing and--
5
(a) contain--
(i) an address for the applicant for
correspondence from the Board; and
(ii) an 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.
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5. Qualifications for registration
A person is qualified for registration as a licensed
surveyor if--
Victorian Legislation Parliamentary Documents
(a) the person has passed an examination in
cadastral surveying set by or on behalf of the
5
Board; and
(b) the person has undertaken practical training
in cadastral surveying required by the Board;
and
(c) the person has--
10
(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
or is based on similar competencies to a
15
course of study approved by the Board;
or
(iii) a qualification recognised by a
reciprocal board authorising the person
to practise cadastral surveying.
20
6. Grant of registration
(1) The Board must grant registration to an applicant
if--
(a) the applicant is qualified for registration
under section 5; and
25
(b) there are no grounds under sub-section (2) on
which the Board may refuse to grant
registration to the applicant; and
(c) the applicant has provided the information
required under section 4; and
30
(d) the applicant has paid the application fee
required by section 4(2)(d) and the
prescribed registration fee.
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(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
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practise as a licensed surveyor is likely to be
5
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
(b) the applicant has previously held a right to
10
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
been cancelled or suspended and not restored
15
because of conduct which, if committed in
Victoria, would entitle the Board to suspend
or cancel the registration.
7. Renewal of registration
(1) An application for renewal of registration--
20
(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
registration before the end of the existing
25
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
(b) the person pays an additional prescribed fee
30
for a late application for renewal.
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(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
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not renewed his or her registration, the Board
5
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
during the period of 12 months immediately
10
preceding the application; or
(b) has not undertaken further professional
education or training in cadastral surveying
in accordance with a determination of the
Board, notice of which has been given to the
15
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
equivalent of registration as a licensed
20
surveyor under this Act, and that right has
been cancelled or suspended and not restored
because of conduct which, if committed in
Victoria, would entitle the Board to suspend
or cancel the registration--
25
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
refuse to grant registration.
30
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8. Conditions, limitations and restrictions on
registration
The Board may, at the time of registration or
renewal of registration--
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(a) impose any condition, limitation or
5
restriction it thinks appropriate on a
registration granted under section 6 or on a
registration renewed under section 7; and
(b) amend, vary or revoke any condition,
limitation or restriction.
10
9. Applicant entitled to make submissions
If the Board--
(a) is proposing to refuse an application for
registration or renewal of registration; or
(b) is proposing to impose or to amend, vary or
15
revoke any condition, limitation or
restriction on a registration--
the Board must not do so until it has given the
applicant or licensed surveyor--
(c) notice of the proposal; and
20
(d) an opportunity to make submissions to the
Board about the proposal.
10. Notification of outcome of application
(1) On determining an application for registration or
renewal of registration under this Part, the Board
25
must notify the applicant--
(a) whether or not registration has been granted
or renewed to the applicant; and
(b) the conditions, limitations or restrictions, if
any, to which the registration is subject.
30
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(2) If registration or renewal of registration has not
been granted or has been granted subject to
conditions, limitations or restrictions, the notice
under sub-section (1) must include--
Victorian Legislation Parliamentary Documents
(a) the reasons why registration was not granted
5
or renewed or why the conditions, limitations
or restrictions were imposed, amended,
varied or revoked; and
(b) a statement that the applicant has a right to
obtain a review of the decision not to grant
10
or renew registration or the decision to
impose, amend, vary or revoke the
conditions, limitations or restrictions on the
registration.
11. Duration of registration
15
Registration granted or renewed under this Part
remains in force for a term of 12 months unless
sooner cancelled or suspended.
12. Restoration of name to the register
If a person whose name has been removed from
20
the register under section 7(3)--
(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
25
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.
30
13. Effect of suspension of registration
A licensed surveyor whose registration is
suspended is deemed not to be registered for the
period of suspension.
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14. Registration obtained by fraud
(1) If the Board believes that the registration of a
licensed surveyor has been obtained by fraud or
misrepresentation or that the qualifications on
Victorian Legislation Parliamentary Documents
which the licensed surveyor relied for registration
5
have been withdrawn, the Board must conduct a
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
10
formal hearing under Part 3 apply to a hearing
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
15
been obtained by fraud or misrepresentation or
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.
20
Division 2--The Register
15. The register
(1) The Board must cause to be kept a register of all
persons whom the Board has registered under this
Act.
25
(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
to whom they apply--
30
(a) the address specified by the licensed
surveyor to appear on the register;
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(b) the educational or professional qualifications
of the licensed surveyor;
(c) any current suspension of the registration of
the licensed surveyor;
Victorian Legislation Parliamentary Documents
(d) any current condition, limitation or
5
restriction imposed on the registration of the
licensed surveyor.
(4) The register may be inspected without charge at
the office of the Board by any person during
ordinary office hours.
10
(5) A person may obtain a copy of or an extract from
the register on payment of the prescribed fee, if
any.
16. Certificates of registration
(1) If a licensed surveyor so requests and on payment
15
of the prescribed fee, the Board must issue a
certificate of registration to that person.
(2) The following particulars must be included in a
certificate of registration--
(a) any condition, limitation or restriction
20
imposed on the registration of the licensed
surveyor; and
(b) the prescribed information, if any.
(3) If the registration of a licensed surveyor is
suspended or cancelled, the licensed surveyor
25
must return his or her certificate of registration to
the Board.
Penalty: 20 penalty units.
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17. Requirement to notify the Board of change of
address
A licensed surveyor must notify the Board of any
change of--
Victorian Legislation Parliamentary Documents
(a) the address of the licensed surveyor for
5
correspondence from the Board; or
(b) the address of the licensed surveyor
appearing on the register--
within 28 days after the change.
__________________
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Part 3--Investigations into Licensed Surveyors
s. 18
PART 3--INVESTIGATIONS INTO LICENSED SURVEYORS
18. Complaints about professional conduct
Victorian Legislation Parliamentary Documents
(1) A person may make a complaint to the Board
about the professional conduct of a licensed
surveyor.
(2) A person may make a complaint to the Board
5
about a person who was a licensed surveyor but
ceased to be a licensed surveyor if the complaint
relates to conduct of the other person at a time
when the other person was a licensed surveyor.
19. Investigation of complaints
10
(1) The Board must investigate a complaint
concerning the professional conduct of a licensed
surveyor.
(2) In order to determine whether or not it is
necessary to conduct a formal hearing into a
15
complaint, the Board may conduct a preliminary
investigation into the complaint.
(3) The Board may, in writing, delegate to--
(a) an officer of the Board; or
(b) a sub-committee of the Board consisting of
20
not more than 3 members of the Board
named in the delegation--
its power to conduct a preliminary investigation
into a complaint, other than its power to make
determinations on a preliminary investigation.
25
20. Investigation may continue even if person no longer
registered
(1) The Board may--
(a) conduct an investigation into a complaint
referred to in section 18(2) and make a
30
finding or determination under this Part;
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(b) conduct a hearing and make a finding or
determination under this Part in relation to a
complaint under section 18(2)--
as if the person referred to in that complaint were
Victorian Legislation Parliamentary Documents
a licensed surveyor.
5
(2) The Board may--
(a) conduct or continue to conduct an
investigation into the professional conduct of
a person who has ceased to be a licensed
surveyor but who was a licensed surveyor at
10
the time a complaint was made or the Board
had determined to conduct an investigation
into the conduct and make a finding or
determination under this Part;
(b) conduct or continue to conduct a hearing and
15
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
surveyor at the time the Board had
determined to conduct a hearing into the
20
conduct--
as if the person were a licensed surveyor.
21. Notification to licensed surveyor
(1) The Board must give notice of the complaint to
the licensed surveyor.
25
(2) A notice under sub-section (1) must--
(a) be in writing; and
(b) be sent by registered post as soon as
practicable after the complaint is received;
and
30
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(c) advise the licensed surveyor of--
(i) the details of the complaint; and
(ii) the procedures for dealing with a
Victorian Legislation Parliamentary Documents
complaint under this Act.
22. Outcome of preliminary investigation
5
(1) On completing a preliminary investigation, the
person or persons conducting the investigation
may make one of the following
recommendations--
(a) that the investigation into the matter should
10
not proceed further; or
(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
15
conducting the preliminary investigation.
23. 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
20
licensed surveyor without conducting a
preliminary investigation.
24. Establishment and notification of formal hearing
(1) If the Board determines that a formal hearing be
held into the professional conduct of a licensed
25
surveyor, the Board must--
(a) appoint a panel to hold the hearing; and
(b) fix a time and place for the hearing to be
conducted; and
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(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
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section 31(1) on the complainant (if any) by
5
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
surveyor; and
10
(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
the panel can make and state that there is a
15
right to apply for a review of the panel's
findings.
25. Constitution of a panel for a formal hearing
(1) A panel appointed under section 24 must consist
of not less than 3 members of the Board of
20
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
preliminary investigation of a matter which is the
25
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
because there are not enough suitably
30
qualified members available to sit on it; or
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(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
Victorian Legislation Parliamentary Documents
panel by appointing persons who are not members
5
of the Board.
26. Conduct of a formal hearing
At a formal hearing--
(a) the panel must hear and determine the matter
before it; and
10
(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
identity of the complainant is not to be
15
published or broadcast and the
complainant--
(i) in the case of a proceeding which has
not been closed under paragraph (d), is
entitled to be present; and
20
(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
unless the panel determines that the
25
proceedings should be closed because the
hearing is taking evidence of personal or
financial matters; and
(e) if the panel has determined that the
proceedings are closed, the panel may
30
determine that the identity of any witness
giving evidence in the proceedings is not to
be published or broadcast; and
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(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
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determination must not be published or
5
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.
27. Findings and determinations of a formal hearing
10
(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
omission, engaged in unprofessional conduct
15
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
(c) the licensed surveyor has not engaged in
20
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
panel may make one or more of the following
25
determinations--
(a) caution the licensed surveyor;
(b) reprimand the licensed surveyor;
(c) require the licensed surveyor to undertake
further education or training of the kind
30
stated in the determination and to complete it
within the period specified in the
determination;
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(d) impose, amend, vary or revoke any
conditions, limitations or restrictions on the
registration of the licensed surveyor;
(e) require the licensed surveyor to rectify a
Victorian Legislation Parliamentary Documents
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 sub-section (2)(a), (b)
or (c).
(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 sub-section
(2)(c), (e) or (f) and the licensed surveyor has not
complied with the order within the time specified
25
in the order, the Board may suspend the licensed
surveyor's registration until the order is complied
with.
28. Procedure at formal hearing
At a formal hearing--
30
(a) subject to this Part, the procedure of a panel
is in its discretion; and
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Part 3--Investigations into Licensed Surveyors
s. 29
(b) the proceedings must be conducted with as
little formality and technicality as the
requirements of this Act and the proper
consideration of the matter permit; and
Victorian Legislation Parliamentary Documents
(c) a panel is not bound by rules of evidence but
5
may inform itself in any way it thinks fit; and
(d) a panel is bound by the rules of natural
justice.
29. 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.
30. 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.
31. Notifications to complainant
25
(1) If a complaint has been made to the Board, the
Board must notify the complainant--
(a) within 28 days after the making of the
complaint; or
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Part 3--Investigations into Licensed Surveyors
s. 32
(b) if a preliminary investigation is conducted,
within 28 days after the completion of the
preliminary investigation--
whether a formal hearing is to be conducted into
Victorian Legislation Parliamentary Documents
the matter and, if so, the time and place of the
5
hearing and whether the complainant has a right to
make submissions at the hearing.
(2) If a formal hearing arising from a complaint is
conducted, the Board must notify the complainant
of--
10
(a) the findings and determinations of the formal
hearing; and
(b) the reasons for those findings and
determinations--
within 28 days after they are made.
15
32. Payment of panel members
A member of a panel is entitled to receive the fees
and allowances referred to in section 51 as if he or
she were a member or acting member of the
Board.
20
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Act No.
Part 4--Review by Victorian Civil and Administrative Tribunal
s. 33
PART 4--REVIEW BY VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL
33. Review by VCAT
Victorian Legislation Parliamentary Documents
(1) A person whose interests are affected by the
relevant decision, finding or determination may
5
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
(b) a decision to impose, amend, vary or revoke
10
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 later of--
(a) the day on which the Board gives notice of
the decision, finding or determination to the
person concerned; or
(b) if, under the Victorian Civil and
20
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
informed under section 46(5) of that Act that
25
a statement of reasons will not be given.
(3) If a finding has been made at a formal hearing
under Part 3 but no final determination has been
made at the hearing, an application for review can
only be made with the leave of the Tribunal.
30
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s. 34
34. Notification
(1) If a decision, finding or determination has been
reviewed by the Victorian Civil and
Administrative Tribunal, the Board must notify
Victorian Legislation Parliamentary Documents
any person who was notified of the original
5
decision, finding or determination of any change
to that decision, finding or determination by the
Victorian Civil and Administrative Tribunal.
(2) If a panel makes a determination under section
27(2)(d), (g) or (h) and--
10
(a) the Victorian Civil and Administrative
Tribunal affirms or varies the determination
or makes another decision that includes such
a determination; or
(b) no application for review of the
15
determination is made within the period
referred to in section 33(2)--
the Board must give notice of the determination to
all reciprocal boards.
_______________
20
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Act No.
Part 5--Offences
s. 35
PART 5--OFFENCES
35. Claims by persons as to registration
Victorian Legislation Parliamentary Documents
A person who is not registered under this Act as a
licensed surveyor must not--
(a) take or use the title of licensed surveyor or
5
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
himself or herself out as being registered
10
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
(d) claim to be qualified to practise as a licensed
15
surveyor.
Penalty: 60 penalty units.
36. Fraud, forgery etc.
A person must not--
(a) fraudulently or by false representation or
20
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
registered under this Act; or
25
(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.
Penalty: 60 penalty units.
30
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Part 5--Offences
s. 37
37. Offences by unregistered persons
(1) A person who is not registered under this Act as a
licensed surveyor must not--
Victorian Legislation Parliamentary Documents
(a) certify to the accuracy of a cadastral survey;
or
5
(b) sign or initial a plan purporting to be the plan
of a cadastral survey.
Penalty: 60 penalty units.
(2) A person who--
(a) is not registered under this Act as a licensed
10
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
peg or other mark that may reasonably be taken
15
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.
(3) A person who--
20
(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--
25
(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.
Penalty: 10 penalty units.
30
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Act No.
Part 5--Offences
s. 38
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
Victorian Legislation Parliamentary Documents
surveyor.
5
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
shall include any expenses incurred in replacing or
10
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
(b) a person acting under the direction of a
15
licensed surveyor--
in carrying out his or her professional work or in
exercising any power conferred by this Act or any
other Act.
Penalty: 10 penalty units.
20
_______________
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Act No.
Part 6--Surveyor-General
s. 40
PART 6--SURVEYOR-GENERAL
40. Surveyor-General
Victorian Legislation Parliamentary Documents
(1) There is to be a Surveyor-General employed under
Part 3 of the Public Sector Management and
Employment Act 1998.
5
(2) A person is not eligible to hold the office of
Surveyor-General unless the person is a licensed
surveyor.
(3) Despite anything to the contrary in the Public
Sector Management and Employment Act
10
1998, the period of appointment must not exceed
5 years but a person appointed as Surveyor-
General is eligible for re-appointment.
(4) The Surveyor-General ceases to hold office if he
or she--
15
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the
relief of bankrupt debtors; or
(c) compounds with his or her creditors or
makes an assignment of his or her property
20
for the creditors' benefit or a deed of
arrangement under any law relating to
bankruptcy.
(5) The Public Sector Management and
Employment Act 1998 applies except as
25
otherwise provided by this section and section 41.
41. Suspension and removal of Surveyor-General
(1) The Surveyor-General may be suspended from
office by the Governor in Council but must not be
removed from office except in accordance with
30
this section.
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Part 6--Surveyor-General
s. 42
(2) The Minister must cause to be laid before each
House of Parliament a full statement of the
grounds of any suspension of the Surveyor-
General within 7 sitting days after the suspension.
Victorian Legislation Parliamentary Documents
(3) The Surveyor-General so suspended must be
5
restored to office by the Governor in Council
unless each House of Parliament, within 42 days
after the day on which a statement under sub-
section (2) is laid before it and in the same
session, declares by resolution that the Surveyor-
10
General ought to be removed from office.
(4) If each House of Parliament within the time
referred to in sub-section (3) declares by
resolution that the Surveyor-General ought to be
removed from office, the Surveyor-General is to
15
be removed by the Governor in Council.
42. Functions and powers of Surveyor-General
(1) The Surveyor-General has the following
functions--
(a) to set and monitor standards for surveying
20
and survey information;
(b) to monitor surveying matters affecting the
Victorian cadastral system;
(c) to advise the Minister and the community on
surveying matters;
25
(d) to be responsible for the surveying
infrastructure of Victoria, including the
survey control network, and to prosecute
offences against sections 38 and 39 and other
offences involving the survey control
30
network;
(e) to be responsible for the correct positioning
of Crown boundaries of land, whether or not
the land has been alienated from the Crown
or subdivided;
35
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Part 6--Surveyor-General
s. 42
(f) to correct defects in Crown descriptions of
land, whether or not the land has been
alienated from the Crown or subdivided;
(g) if the Surveyor-General considers it
Victorian Legislation Parliamentary Documents
appropriate to do so, to resolve disputes over
5
boundary determinations that affect the
Victorian cadastre;
(h) to advise on the position of the State borders;
(i) if the Surveyor-General considers it
appropriate to do so, to maintain records of
10
the status of land in Victoria and verify and
certify the status of that land;
(j) to register Crown survey plans;
(k) to prepare, or cause to be prepared, sign or
approve plans of survey under any Act;
15
(l) to co-ordinate and provide access to survey
and other information relating to land in
Victoria;
(m) to provide surveying services in respect of
government projects and government land
20
dealings;
(n) to be a member of the Electoral Boundaries
Commission under the Electoral
Boundaries Commission Act 1982;
(o) to certify copies of maps, plans, documents
25
or papers as provided by any Act;
(p) to perform any other functions conferred on
the Surveyor-General by or under this or any
other Act.
(2) The Surveyor-General has and may exercise all
30
the powers necessary to perform his or her
functions.
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Part 6--Surveyor-General
s. 43
43. Delegation
The Surveyor-General, by instrument, may
delegate to any licensed surveyor, or class of
licensed surveyors, employed under Part 3 of the
Victorian Legislation Parliamentary Documents
Public Sector Management and Employment
5
Act 1998 any power or function of the Surveyor-
General relating to the certification of plans.
_______________
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Act No.
Part 7--Surveyors Registration Board of Victoria
s. 44
PART 7--SURVEYORS REGISTRATION BOARD OF
VICTORIA
44. Establishment
Victorian Legislation Parliamentary Documents
(1) The Surveyors Registration Board of Victoria is
established by this Act.
(2) The Board--
(a) is a body corporate with perpetual
5
succession;
(b) has a common seal;
(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.
10
(3) The common seal must be kept as directed by the
Board and must not be used except as authorised
by the Board.
(4) All courts and tribunals must take judicial notice
of the seal of the Board on a document and, until
15
the contrary is proved, must presume that the
document was properly sealed.
45. Functions of the Board
The functions of the Board are--
(a) to advise the Minister on the administration,
20
policies and strategic directions of cadastral
surveying;
(b) to register cadastral surveyors as licensed
surveyors;
(c) to keep a register of licensed surveyors;
25
(d) to determine qualifications required for
registration as licensed surveyors;
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s. 45
(e) to approve courses of study which provide
qualifications for registration as licensed
surveyors;
(f) to determine practical training required to
Victorian Legislation Parliamentary Documents
establish competence for registration or
5
renewal of registration as licensed surveyors;
(g) to hold examinations to establish competence
for registration as licensed surveyors;
(h) to issue and publish guidelines about the
educational, training and technical standards
10
required for cadastral surveying;
(i) to investigate the professional conduct or
fitness to practise of licensed surveyors and
impose sanctions where necessary;
(j) to enter into and give effect to reciprocal
15
arrangements, not inconsistent with this Act,
with the cadastral surveying registration
authority, by whatever name called, of
another State, a Territory or another country
for or with respect to--
20
(i) securing uniformity in the education,
training and examination of persons in
cadastral surveying;
(ii) granting exemptions from a course of
study, practical training or examination
25
required for registration as a licensed
surveyor in Victoria to a person who
satisfies the Board that the person has
completed outside Victoria a course of
study or practical training or has passed
30
an examination of a similar standard to
that required for registration in
Victoria;
(k) any other functions conferred on the Board
by this or any other Act.
35
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Part 7--Surveyors Registration Board of Victoria
s. 46
46. Powers of the Board
The Board has all the powers necessary to enable
it to perform its functions.
Victorian Legislation Parliamentary Documents
47. Membership of the Board
(1) The Board consists of 8 members appointed by
5
the Minister.
(2) Of the persons appointed to the Board--
(a) one must be the Surveyor-General who shall
be the chairperson of the Board; and
(b) 2 must be licensed surveyors registered
10
under section 6 who--
(i) are not persons employed under Part 3
of the Public Sector Management and
Employment Act 1998; and
(ii) are selected by the Minister from a
15
panel of 3 names submitted by the
professional body representing the
majority of licensed surveyors; and
(c) one must be a person who is involved in the
teaching of cadastral surveying at a tertiary
20
institution; and
(d) one must be a licensed surveyor registered
under section 6 who is employed under
Part 3 of the Public Sector Management
and Employment Act 1998 and is the
25
Surveyor and Chief Draughting Officer in
the Office of Titles; and
(e) one must be a lawyer experienced in
administrative law; and
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Part 7--Surveyors Registration Board of Victoria
s. 48
(f) 2 must be persons who, in the opinion of the
Minister, have skills, experience or
knowledge that will assist the Board to carry
out its functions and--
Victorian Legislation Parliamentary Documents
(i) one of whom represents the interests of
5
the community; and
(ii) the other represents the interests of
property owners and developers.
(3) If the body referred to in sub-section (2)(b) does
not submit a panel of 3 names within one month
10
after receiving a request in writing from the
Minister to do so, the Minister may appoint
2 persons whom the Minister considers
appropriate and who are otherwise eligible under
sub-section (2)(b) to be members of the Board.
15
48. 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.
(2) A member of the Board is eligible for
20
reappointment.
(3) The Public Sector Management and
Employment Act 1998 (except in accordance
with Part 7 of that Act) does not apply to a
member in respect of the office of member.
25
49. 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
meetings of which reasonable notice has been
30
given to that member, either personally or by post.
(2) A member of the Board appointed under section
47(2)(a), (b), (c), (d) or (e) ceases to be a member
if he or she ceases to hold the qualification for
appointment referred to in the paragraph.
35
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Part 7--Surveyors Registration Board of Victoria
s. 50
(3) A member of the Board may resign the office of
member by writing signed by the member and
addressed to the Minister.
(4) The Minister may at any time remove a member
Victorian Legislation Parliamentary Documents
of the Board from office.
5
(5) If a member of the Board dies, resigns, is removed
from office or ceases to hold office under this
section, the Minister may, in accordance with this
Act, fill the vacant office.
(6) A member appointed under sub-section (5) holds
10
office for the rest of the term of appointment of
the member whose place he or she fills.
50. Acting member
(1) If a member of the Board is unable to perform the
duties or functions of the office, the Minister may
15
appoint a person qualified to be appointed as that
member to act as the member during the period of
inability.
(2) The Minister--
(a) subject to this Act, may determine the terms
20
and conditions of appointment of an acting
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
25
exercise all the powers and perform all the duties
and functions of the member.
51. Payment of members
A member or acting member of the Board, other
than a member who is an employee under Part 3
30
of the Public Sector Management and
Employment Act 1998, is entitled to receive the
fees and allowances that are fixed from time to
time by the Minister.
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Act No.
Part 7--Surveyors Registration Board of Victoria
s. 52
52. Meetings
(1) The chairperson or, in his or her absence, a
member elected by the members present must
preside at a meeting of the Board.
Victorian Legislation Parliamentary Documents
(2) Except as provided in section 25, the quorum of
5
the Board is 5 members.
(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
10
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
15
own proceedings.
53. Member's interests
(1) A member who has a pecuniary or other interest in
any matter in which the Board is concerned
must--
20
(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
25
(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.
30
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Part 7--Surveyors Registration Board of Victoria
s. 54
(2) The member--
(a) may take part in the discussion in the
meeting; and
Victorian Legislation Parliamentary Documents
(b) must leave the meeting while any vote is
taken on a question relating to the matter.
5
54. 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
(b) of a defect or irregularity in the appointment
10
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.
55. Immunity
15
(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
a duty under this Act or the regulations; or
20
(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.
(2) Any liability resulting from an act or omission
25
that would but for sub-section (1) attach to a
member of the Board attaches instead to the
Board.
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Act No.
Part 7--Surveyors Registration Board of Victoria
s. 56
56. Staff
The Board may employ a person to be responsible
for maintaining the register and any other persons
that are necessary for the purposes of
Victorian Legislation Parliamentary Documents
administering this Act.
5
_______________
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Surveying Act 2004
Act No.
Part 8--Miscellaneous
s. 57
PART 8--MISCELLANEOUS
57. Identity card
Victorian Legislation Parliamentary Documents
(1) The Board must issue an identity card to each
licensed surveyor.
(2) The identity card must--
(a) bear the name and the photograph of the
5
licensed surveyor; and
(b) state that the person named is a licensed
surveyor; and
(c) state the registration number of the licensed
surveyor.
10
58. Power of entry for cadastral surveys
(1) In this section--
"business day" means a day other than a
Saturday, a Sunday or a public holiday
appointed under the Public Holidays Act
15
1993.
(2) A licensed surveyor, or a person acting under the
direction and supervision of a licensed surveyor,
may, during ordinary working hours on any
business day and after giving reasonable notice to
20
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
the purposes of a cadastral survey.
(3) A licensed surveyor, or a person acting under the
25
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
inspection by the occupier of the land the identity
card issued to the licensed surveyor under this
30
Part or identification that shows that the person is
41
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Act No.
Part 8--Miscellaneous
s. 59
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--
Victorian Legislation Parliamentary Documents
(a) has consented in writing to the entry; and
5
(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
the contrary is proved, that the occupier of the
10
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
of powers under this section but is not liable for
15
trespass in the exercise of those powers.
59. Financial
(1) The Board must establish and keep a Surveyors
Registration Board of Victoria Fund.
(2) All money immediately before the
20
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.
(3) All fees, fines and penalties paid or recovered by
25
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
investments of the Fund.
30
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Part 8--Miscellaneous
s. 60
(5) Out of the Fund, the Board must pay--
(a) the expenses incurred by it in carrying out its
functions, powers and duties; and
Victorian Legislation Parliamentary Documents
(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
60. 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.
61. Proceedings for offences
(1) Subject to sub-section (2), proceedings under this
Act may be brought--
20
(a) by the Board; or
(b) in the name of the Board by a person
authorised by the Board.
(2) The Surveyor-General may bring proceedings for
an offence against section 38 or 39 or any other
25
offence involving the survey control network.
(3) Any prosecution instituted in the name of the
Board or the Surveyor-General must, in the
absence of evidence to the contrary, be taken to
have been instituted by the Board or the Surveyor-
30
General, as the case may be.
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Part 8--Miscellaneous
s. 62
62. Publication of certain information
The Board must cause to be published--
(a) details of the practical training required by
Victorian Legislation Parliamentary Documents
the Board and the courses of study approved
by the Board under section 5(b) and (c); and
5
(b) the procedure for making a complaint about
the professional conduct of a licensed
surveyor; and
(c) any changes to those details or that
procedure, from time to time.
10
63. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) securing the establishment and providing for
the maintenance of survey marks;
15
(b) prescribing the particulars to be included in
notices given under this Act;
(c) prescribing forms;
(d) prescribing fees, including--
(i) fees for applications for registration;
20
(ii) fees for registration;
(iii) renewal fees;
(iv) fees for late applications for renewal;
(v) examination fees;
(vi) fees for copies of or extracts from the
25
register;
(vii) fees for certificates of registration;
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Part 8--Miscellaneous
s. 63
(e) prescribing the form of certificate that--
(i) every plan; and
(ii) field records; and
Victorian Legislation Parliamentary Documents
(iii) every abstract of field records--
of a cadastral survey made by a licensed
5
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
survey made by the licensed surveyor and
10
prescribing the form of those field records
and abstracts of field records;
(g) prescribing standards for cadastral surveys;
(h) generally regulating and controlling the
making of cadastral surveys;
15
(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.
(2) The regulations--
20
(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
10 penalty units for a contravention of the
25
regulations.
_______________
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Surveying Act 2004
Act No.
Part 9--Repeal, Transitional and Consequential Provisions
s. 64
PART 9--REPEAL, TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS
64. Definitions
Victorian Legislation Parliamentary Documents
In this Part--
"new Board" means the Surveyors Registration
5
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
as in force immediately before its repeal.
10
65. Repeal
See: The Surveyors Act 1978 is repealed.
Act No.
9180.
Reprint No. 3
as at
25 February
1999.
LawToday:
www.dms.
dpc.vic.
gov.au
66. Proceedings before the old Board
(1) If an inquiry into the activities of a licensed
surveyor under the repealed Act has commenced
15
but not been completed before the commencement
of this Act--
(a) that inquiry may be completed by the old
Board after that commencement; and
(b) any appeal or other further proceedings
20
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.
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Surveying Act 2004
Act No.
Part 9--Repeal, Transitional and Consequential Provisions
s. 67
(2) The new Board must give effect to--
(a) a decision made on an inquiry completed by
the old Board; or
Victorian Legislation Parliamentary Documents
(b) a decision of the County Court on an appeal
under section 20 of the repealed Act--
5
as if it were a decision under this Act.
67. 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 68 to be a licensed surveyor under this
10
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 II of the repealed
15
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.
20
(3) This section does not apply to activities which are
the subject of proceedings to which section 66
applies.
68. Existing registrations
(1) A person who was a licensed surveyor under the
25
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
30
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
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Surveying Act 2004
Act No.
Part 9--Repeal, Transitional and Consequential Provisions
s. 69
period for which that person's registration would
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
Victorian Legislation Parliamentary Documents
cancelled--
5
(a) if the person pays the prescribed registration
fee within 3 months after the commencement
of this Act, at the end of the period of
12 months after the commencement of this
Act, unless the registration is renewed under
10
section 7; or
(b) in any other case, at the end of the period of
3 months after the commencement of this
Act.
69. Preparation of annual report
15
The new Board shall prepare the annual reports
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.
20
70. Saving of Surveyors (Cadastral Surveys)
Regulations 1995
The Surveyors (Cadastral Surveys) Regulations
1995 as in force immediately before the
commencement of this Act are deemed to
25
continue in force and may be amended or revoked
under this Act as if made under this Act.
71. Consequential amendments
On the coming into operation of an item in the
Schedule, the Act specified in the heading to that
30
item is amended as set out in that item.
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Surveying Act 2004
Act No.
Part 9--Repeal, Transitional and Consequential Provisions
s. 72
72. Amendment of Subdivision Act 1988 See:
Act No.
In section 5(3) of the Subdivision Act 1988, after 53/1988.
Reprint No. 3
paragraph (e) insert-- as at
Victorian Legislation Parliamentary Documents
1 January
"; and 1999
and
(f) in addition to any other fee payable under
5 amending
this Act, pay to the Registrar the fee, if any, Act Nos
28/2000,
prescribed under the Survey Co-ordination 74/2000 and
Act 1958 for the maintenance of the survey 44/2001.
LawToday:
control network.". www.dms.
dpc.vic.
gov.au
See:
73. Amendment of Survey Co-ordination Act 1958
10 Act No.
6388.
In section 22(1) of the Survey Co-ordination Act Reprint No. 6
1958, after paragraph (c) insert-- as at
25 February
"(ca) prescribing fees for the maintenance of the 1999
and
survey control network to be paid on the amending
lodgment of certified plans of subdivision at
15 Act No.
74/2000.
the Office of Titles under section 5(3) of the LawToday:
Subdivision Act 1988;". www.dms.
dpc.vic.
gov.au
__________________
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Surveying Act 2004
Act No.
Sch.
SCHEDULE
Section 71
Victorian Legislation Parliamentary Documents
CONSEQUENTIAL AMENDMENTS
1. Electoral Boundaries Commission Act 1982
Section 4 is repealed.
5 2. Local Government Act 1989
In clause 7(2) and (3) of Schedule 10, for "Draughtsman"
substitute "Draughting Officer".
3. Road Safety Act 1986
In section 78A(2), for "Surveyors Act 1978" substitute
10 "Surveying Act 2004".
4. Subdivision Act 1988
In section 20A, for "Surveyors Act 1978" (wherever
occurring) substitute "Surveying Act 2004".
5. Survey Co-ordination Act 1958
15 5.1 In section 3--
(a) in the definition of "licensed surveyor", for
"Surveyors Act 1978" substitute "Surveying Act
2004";
(b) for the definition of "Surveyors Board" substitute--
20 ' "Surveyors Registration Board" means the
Surveyors Registration Board of Victoria
established under the Surveying Act 2004.'.
5.2 In section 6(3), for "Surveyors Act 1978 or the regulations
thereunder" substitute "Surveying Act 2004 or the
25 regulations under that Act".
5.3 In section 12(1), for "Surveyors Board" substitute
"Surveyors Registration Board".
5.4 In section 22(1)(g), for "Surveyors Act 1978 or the
regulations thereunder" substitute "Surveying Act 2004 or
30 the regulations under that Act".
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Surveying Act 2004
Act No.
Sch.
6. Transfer of Land Act 1958
6.1 In section 4(1)--
(a) in the definition of "licensed surveyor", for
"Surveyors Act 1978" substitute "Surveying Act
Victorian Legislation Parliamentary Documents
5 2004";
(b) in the definition of "survey", for "Surveyors Act
1978" substitute "Surveying Act 2004".
6.2 In section 95(2), for "Surveyors Act 1978" substitute
"Surveying Act 2004".
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Surveying Act 2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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Surveying Act 2004
Act No.
INDEX
Subject Clause
Act
Victorian Legislation Parliamentary Documents
commencement 2
amendments to other Acts 71ญ73, Sch.
purposes 1
repeals, savings and transitional provisions 65ญ70
Board See Surveyors Registration Board of Victoria
Cadastral surveys
carried out by unregistered persons 37
definition 3
entry powers for purposes of 58
regulations 63
Complaints
about persons who are no longer registered 18, 20
making of 18, 62
notice to licensed surveyor 21
preliminary investigations 19ญ20, 22
3, 58, 64
Definitions
Education and training
required as result of formal hearing 7, 27
required for registration 4, 5, 62
required for restoration of name to register 12
58
Entry powers
Fees
for certificates 16
for registration, renewal of registration 4, 6, 7
for restoration of name to register 12
payment into Fund 59
regulations 63
under other Acts for maintenance of survey control
network 72ญ73
27, 30, 59
Fines
Formal hearings
appointment of panel 24
conduct 26
constitution of panel 25
establishment 24
findings and determinations 27, 30
held as result of preliminary investigation 22
held without preliminary investigation 23
into activities occurring before commencement of
this Act 67
into persons no longer registered 20
into qualifications relied on for registration 14
into registration obtained by fraud 14
notice requirements 14, 24, 31, 34
payment of panel members 32
powers of panel 29
procedure 28
protection of identity of complainants, witnesses,
surveyors 26
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Act No.
Subject Clause
review of findings, determinations 33ญ34
submissions 24, 26, 31
Fund
See Surveyors Registration Board of Victoria Fund
Victorian Legislation Parliamentary Documents
Further education and training
See Education and training
Hearings See Formal hearings
Inquiries (under repealed Act) 66
19ญ20, 22
Investigations
Land (def.) 3
Licensed surveyors
definition 3
entry powers 58
hearings into activities occurring before
commencement of this Act 67
identity cards 57, 58
inquiries under repealed Act into activities of 66
obstruction 39
See also Professional conduct; Registration
Minister
powers, functions regarding
members of Board 47, 49, 50, 51
members of panel at formal hearings 25
payments out of Fund 59
suspension of Surveyor-General 41
New Board
See Surveyors Registration Board of Victoria
Offences
failure to return certificate of registration 16
false claims as to registration, qualifications 35
fraud, forgery 36
interference with survey pegs, marks 38
obstruction of licensed surveyors 39
proceedings for 61
surveys, work carried out by unregistered persons 37
Old Board See Surveyors Board
Plans (def.) 3
Professional conduct
complaints about 18, 21, 62
definition of unprofessional conduct 3
formal hearings 23ญ32
preliminary investigations 19ญ20, 22
Qualifications
false claims, forgery 35, 36
formal hearings into 14
included in register 15
required for registration 4, 5
3, 5, 34
Reciprocal boards
7, 12, 15
Register of Licensed Surveyors
Registration
applications 4
cancellation 14, 16, 27
certificates 16, 36
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Subject Clause
conditions, limitations, restrictions 8, 9, 10, 16, 27
duration 11
expiry 7, 68
false claims regarding 35
Victorian Legislation Parliamentary Documents
fees 4, 6, 7, 12, 16
grant 6, 10
notice of Board's proposals, decisions 9, 10
notice of change of address by licensed surveyor 17
obtained by fraud, misrepresentation 14, 36
qualifications 4, 5, 14, 15, 35, 36
refusal to grant, renew 6, 7, 9, 10
register 7, 12, 15
renewal 7, 10
review of decisions 33ญ34
submissions 9
suspension 13, 16, 27, 68
transitional provisions 68
63, 70
Regulations
65
Repeals
33ญ34
Review
70
Savings
Survey control network (def.) 3
37, 38, 63
Survey marks and pegs
40ญ43, 47, 61
Surveyor-General
Surveyors See Licensed surveyors
Surveyors Board (under repealed Act) 64, 66
Surveyors Registration Board of Victoria
chairperson 47, 52
establishment 44
meetings 52
members
acting members 50
appointment 47
immunity 55
interests 53
payment 51
resignation and removal 49
terms of office 48
powers, functions in general 45, 46
powers, functions regarding
annual report 69
bringing of proceedings 61
fines 30
Fund 30, 59ญ60
identity cards for licensed surveyors 57
inquiries, appeals under repealed Act 66
publication of certain information 62
staff 56
validity of acts, decisions 54
See also Complaints; Formal hearings; Registration
30, 59ญ60
Surveyors Registration Board of Victoria Fund
Surveys (def.) 3
See also Cadastral surveys
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Surveying Act 2004
Act No.
Subject Clause
Training See Education and training
66ญ69
Transitional provisions
Unprofessional conduct See Professional conduct
33ญ34
Victorian Civil and Administrative Tribunal
Victorian Legislation Parliamentary Documents
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