Transcript
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MINISTRY OF LEGAL AFFAIRSLAWS OF TJUNlDAD AND TOBAGO

www. legalaffairs.gov.tt

40 Chap. 58:04 Land Surveyors

SUBSIDIARY LEGISLATION

LAND SURVEYORS REGULATIONS

ARRANGEMENT OF REGULATIONS

1. Citation.

2. Interpretation.

3. Qualifications for registrat ion as Land Surveying Graduate.

4. Quuhucauons tor registration as a Land Surveyor.

5. Qualificat ions for registration as Trinidad and Tobago Lan d Surve yor.

6. Public Reg isters.

7. Applications for registration for individuals.

8. Applications for reg istrat ion for corporations, partners hips, orassociations of person.

9. Use of Title.

10. App lication for renewal of registrat ion.

11. Second Schedule.

12. Profess ional Indemnity.

13. Compensatio n Fu nd.

14. Code of Ethics.

15. Continuing professional developm ent.

16. Transitional prov isions.

17. Practical experience required by per:-;on:-; applying to become

Land Surveyors or Trinidad and Tobago Land Surveyors.

18. Typical projects to be undertaken by applicant for registration.

19. Exumi nuti on for R egistration ~l:-; u L and Surveyor or u Trini d ud and

Tobago Land Surveyor.

20. Applications for examination (all classes).

21 . Examination rules.

22. Examination arrangements.

23. Council of examiners.

24. Authorised seal.

UPDATED TO DECEMBER 31ST 2009

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Land Surveyors Regulations

www. legalaffairs.gov.tt

Chap. 58:04 41[Subsld.1ary]

25. Certification of documents.

26 . Cadastral Surveys precautions to be taken to safeguard survey marks .

27. Reinstatement of survey marks by Trinidad and TobagoLand Surveyors.

28 . Recovery of buried survey marks .

29. Surveys to be made in accordanc e with Regulations.

30. Survey of State lands.

31. Survey to obtain ull information.

32. Survey to disclose all doubts and discrepanci es.

33. Check Surveys.

34. Requlsttlons.

35. Principles to be observed.

36. Diffe rences in measurements.

37. Wider boundaries.

38. Field work survey pract ice to ensure prescribed accuracy,

39. All evidence to be collected.

40. Field notes.

41. Field survey methods, accuracy, marks, plans.

42. Surveyor's certificate.

43. Survey notices.

HRST SCHEDULE.SECOND SCHEDULE.THIRD SCHEDULE.

LRD.l/2006

UPDATED TO DECEMBER 31ST 2009

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MINISTRY OF LEGAL AFFAIRSLAWS OF TJUNlDAD AND TOBAGO

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42[Subsld.1ary]

275/1998.

Chap. 58:04 Land Surveyors

LAND SURVEYORS REGULATIONS

made under section 64

Cltatlon. 1. T hese R egulat ions may b e ci ted as the La ndSurveyors Regulations.

Interpretation. 2. (I ) Unl ess the context otherwise appears the definitionsgiven in section ? of the Act shell epply to these Regliletions

(2) In these Regulations-

"the Act" means the Land Surveyors Act;

" Central Plan Office" means th e office establi shed in theDepartment of Lands and Surveys for receiving, registeringand filing survey plans and other survey information;

"c ertified correct" when accompanied by the signature of theMember who signed the statement, i s a statement ofresponsibility end means that the sllrv ey end ell associatedwork and documentation to which the statement applies weremade under the immediate super vision of the Member whosigned the statement. in accordance with instructions.requirements and standards for surv eys applicable to thepurposes for which the survey work was made; in accordancewith instructions, of the client (unless there is a statementby the client, accompanying the member' s state me nt onthe documentation of the surveyor other work to the effectthat the work was completed in accordance with theinst ructi ons of the client ); are correct and true to the best ofthe surveyor's knowledge;

"Continuing Pro fes sion al Dev elopment" means the sys te ma ticmaintenance , improvement and broadening of knowledgeand skill in the development of personal qualities necessaryfor the execution of the pro fess ional and technical duti esthroughout the practitioner's working life;

"field notes" means the original record of the field data collectedin writing, digitally, or in any other form, in connect ion withany survey;

UPDATED TO DECEMBER 31ST 2009

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Land Surveyors

Land Surveyors Regulations

www. legalaffairs.gov.tt

Chap. 58:04 43[Su b sld.1ary]

3. (1)

"major categories of surve y" includes cadastral surveying,engineering surveying, geodetic surveying, hydrographicsurveying, geographical and land information systems,cartography, land management, photogrammetry, and anyother land surv ey ing discipline recognis ed by the Board and

the Institute of Surveyors of Trinidad and Tobago ;

"person" includes a body corporate;

"supervision" means the personal attendance on the site of thesurvey, or in the office, for such time during the course ofthe work and the exercise of such immediate oversight anddirection as to ensure personal involvement in the survey ;

"s urveying" in all major categories includes the preparation of allplans and reports; or giving advice and/or certificates on allaspects of the survey ;

"UWI" means the Depart ment of Surveying and Land Informationof the University of the West Indies, St. Augustine, Trinidadand Tobago.

A person of good character and reputation who-(a) has graduated or passed the examinations entitling

him to graduate in the degree of Bachelor ofScience in Land Surveying from the UWI; or

(b) has graduated, or passed an examina tion entitlinghim to graduate in a lan d surveying degreeaccepted by the Board, which must be at least theequiva lent of the degree offered by the UWI,

may be registered as a Land Surveying Grad uate.

(2) Subject to the requirements of section 18(1) of theAct, no person shall remain a Land Surveying Graduate for aperiod greater than five years without the approval of the Board.

(3) An application for registration as a Land Survey ingGraduate shall be in the form setout in Form I of the First Scheduleand shall be accompanied with proof of payment of the feesprescribed in the Second Schedule.

UPDATED TO DECEMBER 31ST 2009

Qualificationsfor rc gisrrntionas L andSurveyingGraduate.

First Schedule.Form I.

SecondSchedule.

LR D . l /2006

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MINISTRY OF LEGAL AFFAIRSLAWS OF TJUNlDAD AND TOBAGO

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44[Subsld.1ary]

Chap. 58:04 Land Surveyors

Land Surveyors Regulations

Qualificationsfor registrationas a L am!Surve yor.

First Sc hedule.Form 2.

SecondSc he dule .

Qualificationsfor registra tionas Trinidad andToh ago T.andSurveyor.

4. (I) A fit and proper person of good character andreputation who has-

(a) been register ed as a Land SurveyingGraduate ; or

(b) graduated, or passed an examination entitlinghim to graduate in a surveying degree acceptedby the Board, which must be at least the equivalentof the degree offered by the UWI and has passedthe subject in the category of surveying in whichhe is seeking regis tration ;

(c) completed any professional assessment projectsas prescribed;

(d) completed the practical experience as prescribed;

(e) passed any other written or oral examination;

(f) undertaken such additional practical experienceas the Board may require; and

(g) satisfied any other condition specified in the Actor these Regulations,

may be registere d as a Land Surveyor.

(2) An application for registrat ion as a Land Surveyorshall be III the form set out III Form 2. of the First Schedule andshall be accompanied with proof of payment of the fees prescribedin the Second Schedule.

5. (I) A fit and proper person of good character andreputation who has-

(a) been registered as a Land Surveying Graduate;

(b ) obtained at least a First Degree in Land Surveyingand has passed the sub ject cadastral studies;

(c) completed twenty-four months pract icalexperience in cadastral surveying under thesupervis ion of a Tri nidad and Tobago LandSurveyor approved by the Board ;

UPDATED TO DECEMBER 31ST 2009

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LAWS OF TJUNlDAD AND TOBAGOMINISTRY OF LEGAL AFFAIRS

Land Surveyors

Land Surveyors Regulations

www.legalaffairs.gov.tt

Chap. 58:04 45[Subsld.1ary]

(d ) completed a professional assessment project incadastral surveying approved by the Board;

(e) passed any oral or written examination prescribedby the Board;

(I) been licensed or registered as a land surveyorin another Commonwealth State for more than15 years ; and

(g ) satisfied any other condition specified III the Actor in these Regulations,

may be registered as a Trinidad and Tobago Land Surveyor.

(2) An application for registration as a Trinidad andTobago Land Surveyor shall be made in the form set out in Form 3 First Schedule.

in the Itirst Sched ule and shall be accompanied with proof of Form J.

payment of the fees prescribed in the Second Schedu le. SecondSchedule.

6. (1) The Register of all Land Surveying Graduat es,Land Surveyors, Trinidad and Tobago Land Surveyors asreferred to in section 20 of the Act shall be maintained withthe followin g information :

(a) the name(s) of Certi ficate holder;

(b) the date of issue of first Certificate ;(e) the addresses and telephone numbers;

(d) the date of issue of Certificate;

(e) the status of Certificate;(f) the status of licence;

(g) the notations requested by the Board and notationsrequested by the Disciplinary Committee;

(h ) proof of indemnity insurance coverage, or proofof exemption therefrom;

(i) information with respect to any claim againstthe Certificate holder for profess ionalindemnity; and

(j) such other information which the Boardmay requIre .

UPDATED TO DECEMBER 31ST 2009

PublicReg isters.

LR D . l /2006

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46[Subsld.1ary]

Chap. 58:04 Land SurveyorsLand Surveyors Regulations

Applicationsforregistration forIndividuals.

(2) In the ca se of Corporations, Partnersh ip s, orAssociation s of persons, the following additional information shallbe included in the Register:

(a) name(s) of member(s) who will be personallyresponsib le for the professional surveyingservices;

(b) evidence of its professional responsibility to thesatisfaction of the Board that the pr actice ofprofessional surveying will be carried on underthe direct responsibility of a full-time permanentemployee member, O!" a partner who is a member,who holds a licence issued by the Board, ofind emnity insurance co verage, or proof ofex eruptiou thei efiuru;

(c) name(s) of member(s) who will be personallyresponsible for the professional surveyingservices.

7. A person who wishes to be regis tered as a Land Surveyorunder this Aet shall submit-

(a) an application in writing to the Board forregistration as a land surveyor;

(h) the fees prescnbed III the Second Schedule;

(c) a copy of any registration certificate authorisingthe person to survey lands within any othercountry, as applicable;

(d) certi fication of good character as evidenced bythe provision of one or more of the following:

(i) a police record statement;

(ii) a letter of recom menda t ion fro m amember of the clergy, 0 doctor, on attorneyor other professional, or senior GovernmentOfficer, or any person acceptable to theBoard: and

(e) any other information required by the Board.

UPDATED TO DECEMBER 31ST 2009

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Land Surveyors

Land Surveyors Regulations

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Chap. 58:04 47[Su b sld.1ary]

8. (I) A corporation, partnership or association of personsas specified in section 27 of the Act may apply for registration byfulfilling the following requirements:

(a) an application to the Board for registration;

(b) evidence of Its professional responsibility to thesatisfaction of the Board that the practice ofsurveying will be carried out under the directresponsibility of a full -tIme permanentemployee who is registered under this Act in theappropriate field;

(c) the applicant's registration number, current officeor registered address;

(d) the fees prescribed in the Second Schedule;(e) the name or names of the surveyors who will be

personally responsible for surveying services ;(/) any other material required by the Board.

(2) A Government organisation is exempt from anyrequirement to register.

(3) An application for registration as a corporation,partnership, or association of persons shall be in the form set outin Form 4 of the First Schedule

(4) The Board shall, upon registration of an applicant asa surveyor, issue a Certificate of Registration in the form set outin Form 5 of the First Schedule.

9. No person shall use the title 'Trinidad and Tobago LandSurv eyor" or the initials T.T.L .S . in connection with the na me ofthe corporation, partnership, firm, association or other entity, unlessthe person holds a licence issued by the Board pursuant to the Actand these Regulati ons.

10. An application for renewal of registration as specified insection 18 of the Act shall be in the form set out in Form 6 of theFirst Schedule.

UPDATED TO DECEMBER 31ST 2009

Applications forregistra tion for,-u ] }'\ JJ<ll i u JI:o.,

par tnerships orassociation s ofpersons.

SecondScfeuute.

First Schedule.Form 4.

FirS TSchedule.Form 5.

Use of Title .

Application forrenewal ofreg ist rat io n.First Schedu le.Form 6.

LR D . l /2006

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48[Subsld.1ary]

Chap. 58:04 Land Surveyors

Land Surveyors Regulations

SecondSchedule.

ProfessionalInuemnny.

CompensationFund.

11. Fees prescribed in the Second Schedule shall apply tothe registration of surveyors and for other purposes set out inthese Regulations.

12. (1) Every Registered Land Surveyor and Trinidad andTobago Land Surveyor shall carry indemnity insurance inIndemnity in accordance with the Act , unless similarly protectedby virtue of employment, he shall be insured through any otherpolicy that meets the Board 's requirements .

(2) The policy limit for each em ployee shall be asdetermined by the Insti tute of Surveyors from time to time.

(3) Every member holding a policy, shall inform theRegistrar-Secretary immediately upon notice of a claim or animpending claim under it.

(4) A policy shall provide at least minimum coveragerequired under subregulations (1) and (2) and shall contain a clausethat the Board shall be given thirty (30) days notice before thepolicy is cancelled or altered.

(5) Every mem ber who is protected by insurance andliability by virtue of employment must furnish documentaryevidence that the employer acknowledges the responsibility.

(6) Where an employee or a Director of a Company or apartner of a firm ispermi tted to work for his own gain, the employeror the company or the firm shall also acknowledge that the coveragewill be in force outside of the employment or state duty.

13. Prior to regis tration and renewal of registration every year,the following sums shall be paid to the Board for the use of theTrustees of the Compensation Fund -

(a) in the case of a Tri nidad and Tobago LandSurveyor the sum of two hundred and fifty dollars($TT250.00);

(h) in the case of a Registered Surveyor the sum oftwo hundred and fifty dollars ($TT250.00),

or such other sums as may from time to time be fixed by the Ministerby Order, provided that a Surveyor who is in the service of the

UPDATED TO DECEMBER 31ST 2009

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Land SurveyorsLand Surveyors Regulations

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Chap. 58:04 49[Subsld.1ary]

Governme nt of Trinidad and Tobago as such and who does nosurveying work for reward on his own account , shall be exemptfrom this payment.

14. All persons registered under this Act shall abide by the Code of Ethics.T hird

Code of Ethics set out in the Third Schedule . Schedule.

15. (I) Every Surveyor shall, for so long as he is registeredunder the Act, undergo in each year continuing professionaldevelopment, in accordance with this Regulation.

(?) Every Ree i'tered Su rveyo r sha ll p rove tn th esatisfaction of the Board that he has completed sixty hours ofcontinuing professional development in every consecutive periodof (3) three years computed as follows:

(a) the time attributed to any event shall be theduration from the formal opening to the formalclosing of any activity. calculated to the nearesthalf-hour;

(b) when an activity extends over more than one day,only the formal teaching sessions may he counted;

(c) when a member attends for only part of an activityonly the time attended shall be counted;

(d) time recorded in subregulation (a ) can constituteno more than two-th irds of the total requirement;

(e) time spent in administering a qualifying activityshall not be counted.

(3) Members who have completely retired from practiceare exempted from these requirements.

(4) Every Surveyor shall be responsible for maintaininga record of his participation in qualifying activities , incl udingwhere relevant, the dates, times, subject matter, speakers and totaltime computed.

(5) Every Surveyor shall keep the record for three yearsafter the qualifying activity and forward a copy to the Board whenso requested.

UPDATED TO DECEMBER 31ST 2009

Continuingprofesnionaldevelopment.

LR D . l /2006

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50[Subsld.1ary]

Chap. 58:04 Land SurveyorsLand Surveyors Regulations

Transitionalprovisions.

(6) Continuin g Profession al Developme nt, inthe se Regulations is re ferred to us "activity", may take thefollowing forms:

(a) courses and technical meetings organised by:(i) the Institute;

(ii) Universitie s, Polytechnic s, or othercolleges ;

(iii) employers of Registered Surveyors;

(iv) other profess ional bodies;

(v) other relevant Course Providers;

(b) discussion meetings on technical topics ;

(c) private studies of a structured nature onspecific themes which includes prescribedpre-course reading ;

(d ) correspondence co urses, op en Un ivers itycourses, or other supervised study packages;

(e) research or post-qualification studies;

(/) authorship of published technical work or thetime spent in the preparation or delivery ofle ctures in connection with a qualifyingContinuing Professional Development event orother similar professional or technical meetings.

(7) To qualify for Continuing Professional Development,the activities described above shall be related to:

(a) technical topics related to a member's currentor potential occupation;

(b) persona l or business skills designed to increasea member's management or business efficiency.

16. (I) Every candidate who before the day theseRegu lations came into effect rece ived from the Board writtenor verbal notification of admission as a candidate may continueto be examined in accordance with the existing Regulations

UPDATED TO DECEMBER 31ST 2009

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Land Surveyors Regulations

www. legalaffairs.gov.tt

Chap. 58:04 51[Subsld.1ary]

that were in for ce on the day before these Regulationscame into effect.

(2) Every person who is regi stered , or eligible to beregistered under the Act and who before these Regulations camemto effect has been engaged m the practice of land surveymgmay continue to operate in that field as he did on the day beforethese Regulations came into effect until such time his operationcan be registered under these Regulations.

17. (I ) Every applicant for registration as a Land Surveyor Pra ctica lexpe rience

or Trinidad and Tobago Land Surveyor, shall be required to prove required by

h B d h h h I . . hi . personsto t e oar t at e as at cast two years experience in IS major applying to

category of surveying. become LandSurveyors or

. . Trin idad nnd(2) An applicant shall not commence any period of Tobago Land

practical experience unless the practical experience proposed is Surveyn rs .

first approved by the Board.

(3) An application for approval of proposedpractical experience shall be in the form set out in Form 7 of the First Schedule.

Form 7.First Schedule

18. (I ) A registered surveying graduate may apply to theBoard for status in any or all of the projects completed by him asa student in lieu of the corresponding student project required tobe undertaken pursuant to this regulation .

J'ypicalprojeers to beundertaken byapplicant forregistration.

(2) A student or applicant may submit a project to the

Board for consideration in fulfilment of the requirements forexamination once it can be proved that the project submitted is inaccordance with the applica nt 's pro fe ssional competence and isrepresentative of the applicant' s field of endeavour.

(3) A completed project shall not be submitted to theBoard for approval by a Graduate until two years of practicalexperience as a Land Surveying Graduate.

(4) Each co mplete d project shall he accompanied hy acertificate in the form set out in Form 8 in the First Schedule. Firs t Schedule.

Form 8.

LRD.l/2006

UPDATED TO DECEMBER 31ST 2009

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52[Subsld.1ary]

Chap. 58:04 Land Surveyors

Land Surveyors Regulations

Ex amination forRegistrationas aLand Surveyoror a Trinidadand TobagoLand Surveyor.

Applications forexamination (allclasses).

First Sche dule.Form 9.

Examinationrules.

19. The following subjects may be included in an examinationto be registered as a Land Surveyor or as a Trinidad and TobagoLand Surveyor:

(a) Acts and Regulations relating to propertysurveys within Tr inidad and Toba go and itscontinental shelf ;

(h) property ownership, title rights and land transfersystems in Trinidad and Tohago;

(e) any matter relating to the category of surveyingin which he is seeking to be registered.

20. (I) No candidate for registrat ion shall be examined bythe Board in any subject specified by the Board as beingprerequisite for receiving registration, unless the candidate has,in accordance with these Regulations, rules and instructions 01the Board -

(a) submitted an application to be examined;(h ) paid all the fees required in respect of

the examination;(e) complied with all requirements relating to

the examination.

(2) An application for examination shall be made in theform set out in Form 9 of the First Schedule.

21. (I) No person shall be admitted as a candidate unless theevidence furnished for registration is acceptable to the Board.

(2) Pursuant to subsection (I), the information suppliedmust indicate achievement to at least the level of educationobtained by a graduate in a surveying technology from a collegeor other educational institution recognised by the Board, or theequivalent thereof.

(3) The Board may admit a person to be a candidate if theinformation required by the Board is satisfactory and complieswith the requirements of the Regulations.

(4) Subject to any exemption from subjects authorisedby these Regulations or by the Board, a candidate is required,

UPDATED TO DECEMBER 31ST 2009

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Chap. 58:04 53[Subsld.1ary]

within a period of not more than seven years, to pass an examinationto he determined hy the Board.

(5) An applicant who fails to comply with therequirements given above, shall cease to be a candidate, and inorder to re-qualify he may reapply for admission as a candidate.

(6) The Board may reject an application where it findsthat the applicant has been guilty of fraud in an examination , orhas inaccurately reported academic qualifications.

(7) Every person aggrieved by a decision of the Boardmay appeal to the Board for a review of that decision .

(8) Pursuant to subregulation (7), the person shallmake a written application to the Registrar-Secretary withintwenty-one (21) days of the receipt of the decision, with suchfees as specified in the Second Schedule.

(9) Where specific evidence is presented to support anappeal under subregulation (8), the Board shall review the decisionin accordance with the material presented.

22. (I) The Board shall meet prior to each examination cycle Examination

c· C .. arrangements.to COIl irm or approve arrangements or eXUIIlIIli.tLJOIlS.

(2) All examinations shall be conducted in accordancewith the rules published and instructions issued by the Board fromtime to time.

(3) Examinations shall be held at such places and atsuch times as the Board may determine but where no otherarrangements are made, they shall commence on the dayfollowing the second Monday in the month of April of each yearand continue on successive days exclusive of Saturday andSunday until completed.

23. (I) The Board may appoint a Council of Examinersand where sur-h exn m ine rs :lrt": nppoi nt ed , the': Counci l shall hf':

composed of-(a) a member of the Board, who shall preside over

the Council: and(h) four qualified and registered members.

UPDATED TO DECEMBER 31ST 2009

Council ofexaminers.

LR D . l /2006

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54[Subsld.1ary]

Chap. 58:04 Land Surveyors

Land Surveyors Regulations

(2) The four members appointed by the Board shall haveadequate training and recent practical experience in one or moreof the major fields of professional surveying.

(3) The Board may appoin t qualified persons asspecia l e xam iner s to prepare examination papers a nd. toappraise the response of the candidates in regard to specialist orancillary subjects.

Authorised seal. 24. (I) Every Registered Land Surveyor and everyRegistered Trinidad and Tobago Land Surveyor shall obtainfrom the Registrar-Secretary an authorised seal to be used in thecertification of plans, drawings, reports and documents.

(2) Pursuant to subregulation (I) the seal shall be returnedto the Registrar-Secretary upon suspension or revocation of aS ur veyor 's registration.

(3) A hard copy of every survey plan or reportsubmitted to every client shall be stamped (or embossed) withthe Surveyor 's seal.

(4) The seal shall be applied to every cadastral plan, whichshall be registered with the Director of Surveys before it is suppliedto any client.

(5) The seal shall attest to the status of the followinginformation concerning the surveyor:

(a) Current registration;(h) Compensation Fund Contribution ;(c) Profess ional Indemnity Insurance coverage.

(6) Where the surveyor is covered for the items outlinedin subregulation (5) by virtue of employment, the document to beregistered shall also bear the authorised stamp of the Company orFirm of which the Registered Surveyor is an employee, a partneror an associate.

Ce rtification ofdocuments.

25. (I) Every Registered Land Surveyor 01' RegisteredTrinidad and Tobago Land Surveyor shall certify reports, orfield notes of surveys , or corresponding documents, with-

(a ) a statement of professional responsibili ty ; and(h) the signature of the surveyor.

UPDATED TO DECEMBER 31ST 2009

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LAWS OF TJUNlDAD AND TOBAGOMINISTRY OF LEGAL AFFAIRS

Land SurveyorsLand Surveyors Regulations

www.legalaffairs.gov.tt

Chap. 58:04 55[Subsld.1ary]

(2) Statement of profess ional responsibility may be inany form, including the form "certified correct", but unless it is inthe form "certified correct", it shall specifically identify theresponsibilities accepted by the Land Surveyor, as thoseresponsibilities appear in the definition of "certified correct".

(3) When a boundary of legal rights in Trinidad andTobago is defined by a survey using geodetic, hydrographic,photogrammetric or other techniques for which the returns maynot be a conventional plan and field notes of survey, the membershall certify the documentation of the work in accordance with themeaning of "certified correct" in subregulation (2).

(4) All plans, reports, or other documentation producedunder the supervision of a surveyor who is a partner, associate oremployee of a holder of a Certificate of Authorisation shall, inaddition to the certification requirements of subregulation (I), bearthe certificate number of the certificate holder.

26. (l) Where any person proposes to carry out any work Cadasnal

likely to interfere with any survey mark , he shall take all necessary ~~:~,~J;loo"oprecautions to ensure that any such survey mark is not interfered be taken to

. h duri h f h k safeguardWIt . un ng t e course 0 t e war . ~llTvey mar ks

(2) Where the work is likely to interfere with anypermanent survey mark the person proposing to carry out thework shall give at least ten working days notice to the Director ofSurveys , who shall forthwith take all necessary steps to safeguardsuch perm anent survey mark and the propose d work shall notcommence until such steps have been taken.

(3) The cost of any work carried out by the Director ofSurveys pursuant to subregulation (2) may be recovered fromthe person carrying out the work.

(4) As an alternative to subregulation (2), the personproposing to carry out the work may engage a land surveyor to",nff':gl1:lro nny pf':rmnnf':nf , Ilrvf':y mnrk , in which event he': sha llinclude the name of the land surveyor in the notice to the Directorof Surveys required pursuant to subregulation (2).

(5) It shall not be an offence against this regulation toremove any survey mark defining a boundary to allow a fence,

LRD.l/2006

UPDATED TO DECEMBER 31ST 2009

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MINISTRY OF LEGAL AFFAIRSLAWS OF TJUNlDAD AND TOBAGO

www. legalaffairs.gov.tt

56[Su b sld.1ar y]

Chap. 58:04 Land Surveyors

Land Surveyors Regulations

Reinstatementof f;UTve y murknbyTrinidad andTobago LandSurveyors.

Recovery ofburied surveymarks.

Surveys to bemade inaccordance withRegu lations.

Survey ofState lands.

wall or other permanent improvement to be erected along thehoundnry, hilt Oll t": nnti ce in writ ing shall he g ivf':n to th e Di rectorof Surveys.

27. (I) In the event of any survey mark being interfered with,whether or not during the co urse of any work, the personresponsible for the interference shall forthwith advise the authoritywhich placed the mark, or, if the authority is not known, the Directorof Surveys or engage a Trinidad and Tobago Land Surveyor toreinstate the mark where practicable.

(2) Where the mark is one placed to define a boundaryestablished in the course of a prescribed cadastral survey, theDirector of Surveys shall be advised or a Trinidad and TobagoLand Surveyor be engaged to reinstate the mark.

(3) Any person who fails to comply with the provisionsof subregulation (I ) or (2) shall be guilty of an offence.

(4 ) Any p~r"m other th an 0 Trinirlad and Toh080 T.andSurveyor, who reinstates or attempts to reinstate a survey markwhich has been interfered with, shall be guilty of an offence.

(5) If a Trinidad and Tobago Land Surveyor reinstatesany permanent survey mark in the same or an alternative position ,he shall fort hwith deposit a plan with the Director of Surveysshowing the new position in relation to the original position.

28. It shall be lawful for a Trinidad and Tobago Land Surveyorto break up the surface of any land whether paved or not to theextent necessary to reveal any survey mark which he believes tobe buried under the surface.

29. (1) All surveys shall be made In acc or dance withexisting Regulations .

(2) Every survey shall be carried out by a surveyorpersonally or by assistants under the supervision of a surveyor.

30. Except for redefinition surveys, no surveyor shall surveyState lands without obtaining a Survey Order from the Directorof Surveys.

UPDATED TO DECEMBER 31ST 2009

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LAWS OF TJUNlDAD AND TOBAGOMINISTRY OF LEGAL AFFAIRS

Land Surveyors

Land Surveyors Regulations

www. legalaffairs.gov.tt

Chap. 58:04 57[Subsld.1ary]

31. Priorto commencing any survey, the Trinidad and TobagoLand Surveyor shall obtain all information relevant to the proposedsurvey from those records normally available in the Land andSurveys Department and the office of the Registrar General.

32. Where a Trinidad and Tobago Land Surveyor considersthat any doubt or discrepancy associated with a survey is relevanthe shall disclose that doubt or discrepancy on his plan and in awritten report to the Director of Surveys.

33. (1) For the purpose of ensuring that any survey complieswith these R f':8111:ltinnc;" the Di rf': r:tn r o f SI1rvf':y" m:lY r-au o;;,f': a check

survey to be made.

(2) Before commencing the check survey, the Director ofSurvey s shall advise the surveyor responsible for the survey tocarry out a check and in all cases the checking officer shall be aTrinidad and Tobago Land Surveyor (T TL.S.) appointed with priornotice to the surveyor responsible for the survey.

(3) Where the surveyor appointed to carry out the checksurvey is not acceptable to the surveyor responsible for the survey,he may, within two weeks of the notification, inform the Directorof Surveys his objection to the check survey by the T T.L.S. settingout the reasons for his objection; and the Director of Surveys, ifsatisfied with the reasons, shall appoint another TTL.S. to carryout the check survey.

Survey toobtain allIufunuuuun.

Survey todisclose alldoubts anddiscrepan cies.

CheckSurveys.

34. The Director of Surveys or the Board may request any Requi sitions.

surveyor to amend any patent error on his plan, invite C0111111ent orexplanation on any appare nt discrepancy or ambig uity, andfollowing any comment or explanation, may request him to carryout additional survey or submit additional information, and thesurveyor shall comply with all requests as promptly as practicable.

35. (1) Boundaries as originally marked are for all purpose s Principles to beob se rve d .

true boundaries.

(2) In the re-survey of existing boundaries, the surveyorshall observe the principle that the boundari es as defined hy surveymarks set by the original surveyor are the true boundaries even

LRD.l/2006

UPDATED TO DECEMBER 31ST 2009

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MINISTRY OF LEGAL AFFAIRSLAWS OF TJUNlDAD AND TOBAGO

www. legalaffairs.gov.tt

58[Subsld.1ary]

Chap. 58:04 Land Surveyors

Land Surveyors Regulations

Drtterences Inmeasurements.

Widerboundar ies.

Fie ld worksurvey practiceto ensureprescribedaccuracy.

where the survey marks are not the positions assigned to them bythe data on the original plan .

(3) Notwithstanding the provisions of subregulation (2),if any difference mentioned in the said subregulation is positivelyidentified as arising from the survey mark not having been setoriginally as intended, and if the plan of the original survey, andthe evidence derived from the re-survey clearly show the intention,the surveyor making the rc-survcy may reset the mark in

accordance with the original intention, prov ided that:(a) the positions of improvements in relation to the

amended boundary arc 110t adversely affected;

(b ) the consent of all owners affected is first obtained.

(4) The Trinidad and Tobago Land Surveyor shall disclosethe discrepancy and the action taken on his plan in a written reportto the Director of Surveys.

36. Where a re-survey discloses difference in leng ths ofboundary measurements or areas recorded by previous surveys,the surveyor shall demonstrate that the difference is not due toencroachment on or by adjoining parcels of land.

37. (I) Subject to the provisions of this Act or any other lawto the contrary and unless there is evidence to the contrary a land

surveyor shall delineate-

(a) the boundary of a parcel ofland abutting the seacoast as the line of high water;

(b) the boundary of a parcel of land abutting a streamas the high bank of the stream determined at thenormalleveI of the stream.

(2) In defining or redefining boundaries the Trinidadand Tobago Land Surveyor shall employ methods to achievesuch accuracy as the purpose of the survey and the evidenceavailable warrants.

38. Surveys shall be carried out with such equipment and bysuch methods as shall readily attain the standards of accuracy

UPDATED TO DECEMBER 31ST 2009

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LAWS OF TJUNlDAD AND TOBAGOMINISTRY OF LEGAL AFFAIRS

Land Surveyors

Land Surveyors Regulations

www. legalaffairs.gov.tt

Chap. 58:04 59[Subsld.1ary]

prescribed by these Regulations and land surveyors shall alwaysapply such checks and tests to thei r work as to ensure that the saidaccuracy is attained.

39. All existing survey marks. fences. walls and other featuresproviding or likely to prov ide evidence as the position of existingboundaries shall be included in any survey.

40. (I) Where necessary, field notes shall be reduced to aprinted or written form suitable as a permanent record.

(2) The field notes shall constitute part of the permanentrecord of any survey and where they are collected in digital formthe original shall be in a secure file and the surveyor shall preparea printed record of the secure file.

(3) Every Registered Surveyor shall be responsible forthe permanent custody of all field notes and of digital files preparedby him or under his supervision.

(4) A surveyor shall, on request in writing from theDirector of Surveys or the Board, produce his field notes to theDirector of Surveys within fourt een (14) days.

41. (I) All rules for the execution of cadastral surveys ,recording offield notes, and the preparation of cadastra l plans shallbe established from time to time, by the Board, in consultationwith the Institute and the Director of Surveys.

(2) The rules shall include , but may not be limited to,such matters as:

(a) acceptable perimeter closure for testing theaccuracy of field work ;

(h) methods for the survey of irregular boundaries;(r) the typ~ . form , and plncement of < Ilrv~y mnrks;

(d ) datum lines for surveys;

(e) the units of measurement to be used on surveyplan s and the preci sion for distance s, bearings,angles , areas and co-ordinates ;

UPDATED TO DECEMBER 31ST 2009

All evidence tobe collected.

Field notes.

Field surveymethods.accuracy, marks,plans.

LR D . l /2006

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MINISTRY OF LEGAL AFFAIRSLAWS OF TJUNlDAD AND TOBAGO

www. legalaffairs.gov.tt

60

[Su b sld.1ar y]

Chap. 58:04 Land Surveyors

Land Surveyors Regulations

cr} the construction of survey plans, including scales,sizes, the type of material , the forms to be used;

(g) the data to be shown on survey plans;

(h ) methods of collecting and recording field notes;(i) the types ot surveying equi pment to be used

on surveys.

Surveyor'scertif icate.

Survey notices.

Ch. 56.02.

42. (1) The Trinidad and Tobago Land Surveyor responsiblefor any survey shall apply his seal to every plan of survey andcertify to the accuracy of the plan.

(2) No Registered Land Surveyor shall give any certificatewhether or not required by the Act or any regulation made underthe Act relating to any survey unless the survey was carried out byhim personally or under his supervision.

43. (I) Before commencing any survey, the Trinidad andTobago Land Surveyor, shall cause notice to be given to allproprietors of lands lying adjacent to the parcel being surveyed .

(2) The notice to be given shall include the name of thesurveyor who will be carrying out the survey, and the date and thetime of the survey.

(3) Where lands are to be brought under the provisionsof the Real Property Act, the purpose of the survey shall be statedand the period of the notice shall be seven clear days but in allother instances three clear days notice shall be given.

(4) Nothing in this regulation shall prevent a Trinidad andTobago Land Surveyor from carrying out a survey after givingreasonable notice to any neighbouring proprietor, in unforeseen orunavoidable circumstances .

UPDATED TO DECEMBER 31ST 2009

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LAWS OF TJUNlDAD AND TOBAGOMINISTRY OF LEGAL AFFAIRS

Land Surveyors

Land Surveyors Regulations

FIRST SCHEDULE

FORM 1

LAND SURVEYORS REI; ULATlONS

www. legalaffairs.gov.tt

Chap. 58:04 61[Subsld.1ary]

[Reg. 3(311.

APPLICATION FOR REGISTRATION AS ALAND SURVEYING GRADUATE

I ~ .

....... hereby apply for registration as a Land SurveyingGradua te pursuant to regulation 3( 1). 3(2) of the Land Surveyors Regulations.

"In support of my application , I enclose the following documentary evidence:

Datedthis day of 20

Signature afApplicant

*' Copies of degrees, diplomas or other relevant certificates , official transcript and

certificate of good character and receipt of payment.

LRD.l/2006

UPDATED TO DECEMBER 31ST 2009

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MINISTRY OF LEGAL AFFAIRSLAWS OF TJUNlDAD AND TOBAGO

www. legalaffairs.gov.tt

62[Subsld.1ary]

[Reg. 4(211.

Chap. 58:04 Land Surveyors

Land Surveyors Regulations

FORM 2

LA ND SU n VE YORS ItEGULA'fI ON S

APPLICATION FOR REGISTRATION AS ALAND SURVEYOR

I ~ ..

................................................... hereby apply for registration as aLand Surveyor pursuantto regulation 4(1), of the Land Surveyors Regulation s.

"In support of my application. I enclose the following documentary evidence:

Dated this day of 20 ..

Signature ofAppli cant

%< Cop ies of de gree s. dip lomaa, officia l transcripts find all re levant ccrtiticatoa including

those relevant for the proof of Professional Indemnity Insurance, a certificate of good

character and the prescribed fee .

UPDATED TO DECEMBER 31ST 2009

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LAWS OF TJUNlDAD AND TOBAGOMINISTRY OF LEGAL AFFAIRS

Land Surveyors

Land Surveyors Regulations

FORM 3

LAND SUR VEYO nS REGULATI ON S

www. legalaffairs.gov.tt

Chap. 58:04 63[Subsld.1ary]

[Reg. 5(211 .

L.

APPLICATION FOR REGISTRATION AS A TRINIDADAND TOBAGO LAND SURVEYOR

....... of..

........................................................... hereby apply to be registered as a Trinidad and

Tobago Land Sur veyor for the period January 1 to December 3 1. 20..

*1 enclose the prescribed fcc of:

Registered Surveyor

Registrar

*' Proof otProtcssional Indemnity Insurance coverage as well as Compensation funding

is also to be included.

LRD.l/2006

UPDATED TO DECEMBER 31ST 2009

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MINISTRY OF LEGAL AFFAIRSLAWS OF TJUNlDAD AND TOBAGO

www. legalaffairs.gov.tt

64[Su b sld.1ar y]

[Reg. 8(311.

Chap. 58:04 Land Surveyors

Land Surveyors Regulations

FORM 4

LA ND SU n VE YORS ItEGULA'fI ON S

APPLICATION FOR REGISTRATION AS ACORPORATION, PARTNERSHIP OR ASSOCIATION

OF PERSONS

~ of .

Hereby apply to be registered as a [] Corporation, [] Partnership, [] Association of persons,

pursuant to regulation 8 of the Land Surveyors Regulation s.

" vln support of our applications. we enclose the following documented evidence:

Authorised Signature and Stamp

H Pruuf uf PIUIl;~~ iUlHtl Iudcr uuity Insurance . 1I<t IlH.;(~) uf Re gis ter e d SUI \i l:yul(~) w hu

will be personally responsible for surveying services, and the prescribed fcc.

UPDATED TO DECEMBER 31ST 2009

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LAWS OF TJUNlDAD AND TOBAGOMINISTRY OF LEGAL AFFAIRS

Land Surveyors

Land Surveyors Regulations

FORM 5

LAND SURVEYORS H. EG ULATIONS

www. legalaffairs.gov.tt

Chap. 58:04 65[Subsld.1ary]

[Reg. 8(411.

LAND SURVEYORS BOARD OF TRINIDAD ANDTOBAGO CERTIFICATE OF REGISTRATION

This is to certify that having satisfactorily completed

the prescribed requirements . has been registered under the prov isions of the LandSurveyors Act, Ch. 58:04. and is authorised to practise as a Surveyor in T r in id a d and

Tobago for the year .

Scaled with the commo n seal of the Board.

This day of 20..

Registered Surveyor

FORM 6

LAND SURVEYORS REGULATI ONS

AI' I'LlCAIlON FO K KJ<;N J<;WAL OF 1{J<;GISIUATlON

....................................................... hereby apply to be registered as a Land Surveyor

pursuant to the provisions of regulation 10 of the Land Surveyors Regulations .*'

I enclose the prescribed fcc of:

Dated this day of 20..

Registered Surveyor

*' Proof otProtcssional Indemnity Insurance coverage as well as Compensation fundingis also to be included .

UPDATED TO DECEMBER 31ST 2009

(Reg. 101.

LR D . l /2006

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MINISTRY OF LEGAL AFFAIRSLAWS OF TJUNlDAD AND TOBAGO

www. legalaffairs.gov.tt

66[Subsld.1ary]

[Reg. 17(311.

Chap. 58:04 Land Surveyors

Land Surveyors Regulations

FORM 7

LAND SURVEYORS R EG ULATIO NS

APPLICATION FOR APPROVAL FOR PROPOSEDPRACTICAL EXPERIENCE

I of ..

apply for approva l to serve a peri od of. . (state period)

[Reg. 18(411.

pr actical cxpcu cucc w ith MI. .......................................................• a H;gi~Ll:I l:U ~UI \'l:YUI.

I propo se to serve the period of practical experience in the major category of................................................ Surveying pursuant to the Act.

Dated this day of 20..

Land Surveying Graduate

FORM 8

LAND SURVEYORS REGULATIONS

CERTIFICATE TO ACCOMPANY EACHC01\U'LETED PROJECT

I hereby certify that all field and office observations and notes, computations, plans, and

reports were made by me personally with such assistance as were necessary in each

operation: that the project W3S not copied from any material published or deposited in

any publi c record; that the project was commenced and completed

on My supervising officer and colleagues were .

(Date) (Signature)

UPDATED TO DECEMBER 31ST 2009

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LAWS OF TJUNlDAD AND TOBAGOMINISTRY OF LEGAL AFFAIRS

Land Surveyors

Land SurveyorsRegulations

FORM 9

LA ND SU RVEYO RS REGULATI ON S

(To be submitted in dupli cate)

www. legalaffairs.gov.tt

Chap. 58:04 67[Subsld.1ary]

IReg. 20(211.

APPLICATION TO BE EXAMINED FOR REGISTRATIONOF A LICENCE TO PRACTISE AS A TRINIDAD AND

TOBAGO LAND SURVEYOR

Nam e of App licant .(Surname)

Date of Birth .

Place at Birth .

(Other Names)

t .o . No.

Dri ver's PcnnitNo. .

Academic Qualification s

Experience in Major Categories

Proposer 2 .

Proposer's Address.

Signature ofA pplicant

Passport No..

Dates

Dates

Date

NB: The candidate is requested to su bruit the original s of his transcript, birth certificate,pass por t or IV card or dnvcrs pcrnut to the Secretary at the Hoard tor vcnucauon.Originals will be promptly returned .

NOTE: If the candidate has been supervised by more than one Land Surveyor he shouldsulnult additluual cur uplc tcd Iunus Im e ach individ ual VIUVU~l.: 1.

LRD.l/2006

UPDATED TO DECEMBER 31ST 2009

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MINISTRY OF LEGAL AFFAIRSLAWS OF TJUNlDAD AND TOBAGO

www. legalaffairs.gov.tt

68[Subsld.1ary]

(Reg. II ).

Chap. 58:04 Land Surveyors

Land Surveyors Regulations

SECOND SCHEDULE

SCHEDULE OF FEES

FEES I'AYA8LE TO TIlE LAND SURVEYORS HOARDOF TRINIDAD AND TORAGO

$

1. Re gistration as a Land Surveying Graduate.

2. Renewal at registration - Land Surveyin g Graduate ..

3. Registration as a Registered Surv eyor

4 . Renew al of registration- Registered Surveyor

5. Registrati on as a Trinidad and Tobago Land Surv eyor

6. Renewal of registra tion - Trinidad and Tobago La nd Surveyor .

7. Registration of a Corp ora tion/Partners hip/Finn

8. Inspection of the Register

9. Certif ied copy of the Re gi ster

10. App lication fcc for ex amination for registrat ion as a Land Surv eyor

or a Trinidad and Tobago Land Surveyor

11. Appeal to the Board under regulation 21(8) ..

UPDATED TO DECEMBER 31ST 2009

150.lXl

IUU.DU

500.00

300.00

500.00

300.00

100.00

25.00

25.00

500.00

100.00

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LAWS OF TJUNlDAD AND TOBAGOMINISTRY OF LEGAL AFFAIRS

Land Surveyors

Land Surveyors Regulations

THIRD SCHEDULE

CODE OF ETHICS

www. legalaffairs.gov.tt

Chap. 58:04 69[Subsld.1ary]

(Reg . 14).

All persons registered under this Act shall abide by the follow ing code of ethics:

Article J.1. Surveyors shall serve the public to the best of their knowledge and

abil ity in order to provide accurate and efficient services for the deve lopmentand/or peaceful enjoyment of Trinidad and Tobago's lands and resources.

Article 2.2. They shall be honest and trustworthy:

(11) They sh<111maintain confident iality wi th respect to their client'sand employer 's affairs during their services or employmentand after the services or employment has been terminated.

(b) They shall not certify work that WiIS not performed under the irpersonal supervision.

(c) They shall not enter into any fee sharing arrangements withoutthe knowledge and prior agreement of their clients.

Article 3.3. They shall be vigilant upholders of the law relating to their profession:

(a) They shall not enter into any arrange ment that would enab lethe unauthorised practice of their profession.

(b) They shall not knowingly and willingly become acc essoriesto a failure to repo rt any illegal practice of their profess ion tothe Board or the Institu te.

Article 4.4. They shall avoid professional impropriety:

(a) They shall declare to their clients or employers any conflict ofinterest which impairs the quality of their service.

(b) They shall not know ingly let the ir names be used in associationwith persons or enterprises of dubious or doubtful ethics.

(r ) T hey shnl l n ot ~H"C"ppt r-nmpensution fnr t he "'~lmp servir-e

from more than one source without the full knowledge ofall parti es involved.

Article 5.5. They shall agree to charge and accept only a fair and just compensation

for their serv ices :

(a) Their claims for compensation shall be commensurate withthe pro fessional and technical cornplexi ty of their services,their level of responsibility and liability.

LRD.1/2006

UPDATED TO DECEMBER 31ST 2009

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MINISTRY OF LEGAL AFFAIRSLAWS OF TJUNlDAD AND TOBAGO

www. legalaffairs.gov.tt

70[Su b sld.1ar y]

Chap. 58:04 Land Surveyors

Land Surveyors Regulations

(b) T hey shall make details relevant to the ir claims forcompensation available to the client upon request.

Article 6.6. Members shall maintain their competence, integrity and respect for their

profession ill their relation wi th their colleagues , clients, employees and the

public :(aJ They shall assume profess ional responsibility for authorised

works carried out by their non-professional staff.(b) They shall cultivate into their employees or staff the utmost

integrity and a clear understanding of the professionalobligat ions of surveyors to the society.

(c) They :-I1mIl provide their employees with good workin g

conditions and just remuneration.(d) They shall not further the application for admission to the

profession of anyone whom they know to be unqualified byeducation or character.

(e) They sha ll refrain from pub lic criticism of the conduct orpractice of colleagues, but shall report any perceivedmisconduct or incompetence to the Land Survey Board.

(j) They shall keep adequate records of their work such that itsquality can be j udged by their colleagues .

(g) They shall not accept assignments beyond their competenceor beyond the resources available to them to complete theassignments punctually and professionally.

(h) They shall limit the ir advertising to a level that prov idesadequate factual informnrion

Article 7.7. They shall not be profess ionally involved in sett ing the boundaries of

any land of which or contiguous with which he is the beneficial owner or to theowner of which he is in a fiduciary relationship, where a discretionary power asthe fixing or replacement of boundaries of that land is involved.

Article 8.8. They shall fulfil their duty of instructing a Land Surveying Graduate

superv ising the work of a Land Survey ing Graduate or ensuring that a LandSurveying Graduate obtains practical experience in land surveying in the mannerprescribed.

Article 9.9. They shall respond promptly to correspondence received from the Board

or fro m t ill: Disciplinary Committee ..\IlU provide iufonnation that i.IS limy be

reasonably requested of them by the Board.

UPDATED TO DECEMBER 31ST 2009

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LAWS OF TJUNlDAD AND TOBAGOMINISTRY OF LEGAL AFFAIRS

Land Surveyors

Land Surveyors Regulations

www. legalaffairs.gov.tt

Chap. 58:04 71[Subsld.1ary]

Article 10.10. They shall not become associated in respo nsibility for work with

surveyors who do not conform to the published code of conduct for memberspublished in these Regul ations:

(aj They shall not use the advantage of a salaried position tocompete unfairly with another surveyor.

(b) They shall co-operate to the best of their ability in enhancingthe profession of survey ing by exchanging general informationand sharing experiences with their fellow members and

participate on a regular basis in the Continuing ProfessionalDevelopment programme as required by the Act.

LRD.l/2006

UPDATED TO DECEMBER 31ST 2009


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