Western Australian Consolidated Acts

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LICENSED SURVEYORS ACT 1909 - SECT 26

26 .         Regulations

        (1)         The Board may, with the approval of the Governor, make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act, and, in particular — 

            (a)         regulating the meetings and proceedings of the Board and the conduct of the business thereof; the election of a member to perform the duties of the chairman and act as deputy chairman during the illness or absence of the chairman;

            (b)         prescribing the duties of the secretary and other officers of the Board;

            (c)         regulating the manner of keeping the register, and the particulars to be entered therein;

            (d)         prescribing forms to be used for the purposes of this Act;

            (e)         determining the evidence to be produced and conditions to be fulfilled by any person applying for the issue of a licence or the issue or renewal of a practising certificate under this Act;

            (f)         prescribing the course of study, professional practice, conditions of service, and training and examination of persons desirous of obtaining certificates of competency entitling them to apply for the issue to them of licences;

            (g)         regulating the issue of certificates of competency and licences and the issue and renewal of practising certificates;

            (h)         prescribing what certificates of examination will be recognised by the Board as a substitute for the examinations of the Board;

                  (i)         prescribing what certificates, diplomas, memberships, degrees, licences, letters testimonial, or other titles, status, or documents, will be recognised by the Board as qualifying persons holding them or any of them for the issue to them of licences, whether immediately or after further examination or field service, or both;

            (ia)         enabling the Board to issue certificates of recognition to retired surveyors, who have given long service as surveyors, in recognition of the contributions made by those surveyors to the profession of surveying;

            (j)         prescribing a scale of fees to be charged and paid in respect, of any application, examination, certificate, licence, inspection, or other proceeding, act or thing provided or required under this Act; prescribing the fees payable to examiners; and to members of the Board for attendance at meetings;

            (k)         requiring and regulating the registration in the office of the secretary of all contracts and articles of apprenticeship or pupilage under which apprentices or pupils in surveying are serving;

        [(l)         deleted]

            (m)         for the direction and guidance of licensed surveyors in carrying out the provisions of the Acts relating to authorised surveys.

        (2)         Regulations made under subsection (1) may create offences and provide in respect of each such offence a penalty not exceeding $1 000.

        (3)         A certificate issued under regulations referred to in subsection (1)(ia) does not entitle its holder to practise as a surveyor or to make authorised surveys.

        (4)         Nothing in regulations referred to in subsection (1)(ia) or in subsection (3) prevents the holder of a certificate issued under those regulations who has ceased to be a licensed surveyor from again becoming a licensed surveyor in accordance with this Act.

        (5)         Regulations made under subsection (1) and prescribing a period or periods for the purposes of the definition of “standard period” in section 3(1) may confer on the Board power, subject to that definition, to determine the length of the period or periods.

        [Section 26 amended by No. 113 of 1965 s. 8; No. 107 of 1976 s. 9; No. 79 of 1996 s. 25; No. 24 of 2000 s. 21(2); No. 55 of 2004 s. 657.]



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