Western Australian Consolidated Acts Western Australian Consolidated Acts (1) There shall be a
Land Surveyors Licensing Board which shall consist of —
(a) the
Surveyor General who shall be ex officio a member of the Board;
(b) one
member appointed by the Governor, on the nomination of the chief executive
officer, to represent interests in relation to land registration matters;
(ba) one
member appointed by the Governor, on the nomination of the Minister, to
represent the interests of the users of licensed surveyors’ services;
(c)
2 members, who shall be licensed surveyors who hold practising
certificates, appointed by the Governor on the nomination of the Institute;
(d) one
member, who shall be a member of the teaching staff of the course of surveying
of an educational institution in this State, appointed by the Governor on the
nomination of the educational institution being a nomination made in
accordance with subsection (4a).
(1a) The Governor
shall appoint, on the nomination of the Minister, one of the members of the
Board to be the chairman of the Board.
(1b) One person
appointed under subsection (1)(a), (b), (ba) or (d) shall be a licensed
surveyor who holds a practising certificate.
(2) The members of the
Board, other than the Surveyor General, shall go out of office on 31 December
in every year but shall be eligible for reappointment and shall be deemed to
hold office until the appointment of their successors.
(3) The Governor may,
on the recommendation of a majority of the members of the Board, remove any
member other than the Surveyor General, from the Board.
(4) Whenever a vacancy
occurs on the Board by reason of the removal, death, or resignation of any
member other than the Surveyor General, the Governor shall, after nomination,
appoint a member to fill the vacancy. If the member whose seat has become
vacant was nominated by the Minister, the person to fill the vacancy shall be
nominated by the Minister, and, if by the chief executive officer, he shall be
nominated by the chief executive officer, and, if by the Institute, he shall
be nominated by the Institute, and, if by an educational institution in this
State, he shall be nominated by the educational institution.
(4a) In relation to
the appointment of a member pursuant to subsection (1)(d), the Surveyor
General shall —
(a) in
respect of the occasion of the first appointment of a member as soon as
practicable after the coming into operation of section 4 of the Licensed
Surveyors Act Amendment Act 1976 1 ; and
(b)
prior to each occasion thereafter when the office becomes vacant by effluxion
of time but not later than 1 November in every year,
by notice in writing
request an educational institution in this State providing a course in
surveying to nominate a member of the teaching staff of the course of
surveying of the institution who is willing to act as member of the Board.
(5) Subject to
subsection (5a), whenever the Institute or an educational institution
neglects or omits to nominate for appointment —
(a) on
or before 1 December in every year the members or member of the Board, as the
case requires, whom the Institute or that institution, as the case may be, is
entitled under the provisions of subsection (1)(c) or (d) to nominate for
the then ensuing year;
(b)
within one month from the date of the removal, death or resignation of a
member of the Board, a person whom the Institute or that institution, as the
case may be, is entitled under the provisions of subsection (4) to
nominate to fill the vacancy caused thereby,
the Governor may
appoint as members or a member of the Board for the then ensuing year, or to
fill such vacancy, the persons or person nominated by a majority of the
existing Board.
(5a) The Surveyor
General shall, in the request made pursuant to subsection (4a), specify
the date on or before which the nomination shall be made and where the
educational institution neglects or omits to nominate a member of the Board on
or before that date the Governor may appoint as member of the Board for the
then ensuing year the person nominated by a majority of the existing Board.
(6) All nominations
for membership of the Board shall be in writing.
(7) All appointments
of members shall be notified in the Government Gazette .
[Section 4 amended by No. 107 of 1976
s. 4; No. 70 of 2003 s. 40(1)-(5).]