no. 6288. land surveyors act 1958.1958. land surveyors. no. 6288 837 no. 6288. land surveyors act...

1958. Land Surveyors. No. 6288 837

No. 6288.

LAND SURVEYORS ACT 1958.

An Act to consolidate the Law relating to Surveyors .

[30th September, 1958.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and

the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

1. This Act may be cited as the Land Surveyors Act 1958, and short title and commence"

shall come into operation on a day to be fixed by proclamation ment. of the Governor in Council published in the Government Gazette.

2. (1) The Acts mentioned in the Schedule to the extent Repeal, thereby expressed to be repealed are hereby repealed accordingly. Schedu,e-

(2) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

838 1958. Land Surveyors. No. 6288

(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any regulation order appointment registration certificate survey licence arrangement report indenture cancellation suspension proceeding approval notice appeal obligation liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

Interpretation. No. 4939 s. 3.

•' Board."

" Certificate."

" Indentures of apprenticeship.''

' Institute.'

' Land."

' Licence."

" Licensed surveyor."

• Plan.'

3. In this Act unless inconsistent with the context or subject-matter—

" Board " means the Surveyors Board under this Act.

" Certificate " means certificate of competency in surveying issued or granted after the first day of January One thousand eight hundred and ninety-six by the Board or by the Surveyors Board or other similar authority in any reciprocating State.

" Indentures of apprenticeship " means any writing containing a contract or agreement for tuition in surveying made between a licensed surveyor and a person seeking to qualify himself for registration as a licensed surveyor.

" Institute" means the Victorian Institute of Surveyors incorporated on the eighth day of October One thousand eight hundred and ninety-five in pursuance of the Companies Act 1890 as a company limited by guarantee and certified accordingly under the hand of the Registrar-General on the eighth day of October One thousand eight hundred and ninety-five, and includes any successor of such institute by whatever name designated.

" Land " includes all land within the State whether alienated from the Crown or not.

" Licence " means a licence granted under this Act or issued under any corresponding previous enactment.

" Licensed surveyor " means a person registered under this Act or any corresponding previous enactment and whose registration is for the time being in force.

" Plan" includes every plan, map, aerial photograph or description made or obtained as part of a survey or surveys.

" Prescribed." " Prescribed " means prescribed by this Act or the regulations.


"Reciprocating State" means any part of Her Majesty's dominions (including the United Kingdom) with the Surveyors Board or other similar authority of which the Board has entered into reciprocal arrangements which are for the time being in force.

" Register " means Register of Surveyors under this Act. " Regulations " means regulations made under this Act. " Secretary " means secretary to the Board. " Survey " means the act or process of determining the form

contour, position, area, height, depth or any similar particulars with respect to any part of the earth's surface whether land or water, or of any natural or artificial features on, below or above any part of such surface, or the length or direction of the boundary lines of any part of such surface or of any such natural or artificial features, and includes the making or obtaining of a plan or plans thereof, and " to survey" and the derivatives thereof have a corresponding interpretation.

" Title survey " means any survey made for or in connexion with or for the purpose of making or obtaining any plan or survey data to be used for or in connexion with any dealing or matter whatsoever—

(a) relating to the alienation of Crown land; (b) relating to or affecting title to any lands; (c) relating to the delimitation of the boundaries of

any lands or the location of any survey pegs or other survey marks; or

(d) (without affecting the generality of the foregoing) under the Land Act 1958, the Transfer of Land Act 1958, the Property Law Act 1958, the Lands Compensation Act 1958 or any other Act or enactment relating to the alienation of Crown lands or to title to any lands.

"Reciprocating State."

" Register."

"Regulations.*

" Secretary."

' Survey."

" Title survey.'

4. (1) For the purposes of this Act there shall be constituted Constitution

a Board to be called the " Surveyors Board " (2) The Board shall consist of—

(a) the person for the time being holding to the Public Service Act 1958 the office of Surveyor-General, who shall be chairman of the Board;

(b) the person for the time being holding pursuant to the Public Service Act 1958 the office of Government Astronomer;

of Surveyors Board. No. 4939 s. 4; No. 5068 s. 2. Membership

p u r s u a n t of Board.


Provision in case of failure of submission of panel or nomination.

Term of office of appointed members.

Removal from office.

Vacancies.

Filling vacancies.

(c) the person for the time being holding pursuant to the Public Service Act 1958 the office of Surveyor and Chief Draughtsman in the Office of Titles; and

(d) two persons (each of whom shall be a licensed surveyor) appointed by the Governor in Council from a panel of five names of licensed surveyors submitted to the Minister by the Council of the Institute;

(e) one person (who shall be a licensed surveyor) appointed upon a nomination in writing submitted to the Minister by the Council of the University of Melbourne:

Provided that if at any time there is no person holding pursuant to the Public Service Act 1958 the office of Government Astronomer, the Governor in Council may appoint a person whom he deems to be suited by occupation and training to be a member of the Board in his stead, and any person so appointed shall for all the purposes of the following provisions of this section be deemed an appointed member of the Board.

(3) If at any time the Council of the Institute or the Council of the said University fails to submit to the Minister a panel of names or a nomination as aforesaid before the expiration of a period of one month after the receipt of the request in writing in that behalf from the Minister, the Governor in Council may without such submission appoint any otherwise eligible person or persons (as the case requires) to be a member or members of the Board and such person or persons shall for all purposes be deemed to be duly appointed.

(4) Each of the appointed members of the Board shall subject to this Act hold office for a term of two years but shall be eligible for re-appointment if then qualified.

(5) The Governor in Council may at any time remove any appointed member of the Board.

(6) If any appointed member of the Board is absent without permission of the Board from four consecutive meetings of the Board or becomes bankrupt or compounds with his creditors or is convicted of an indictable offence or becomes insane or is removed or resigns or dies his seat shall thereupon become vacant and every such vacancy shall be deemed to be an extraordinary vacancy.

(7) On the occurrence of any vacancy in the office of appointed member of the Board a qualified person shall be appointed to fill the vacancy and any person appointed to fill an extraordinary vacancy shall hold office only for the remainder of the term of office of the person in whose place he is so appointed


(8) A quorum of the Board shall consist of at least three Quorum, members of the Board.

(9) During any vacancy in the Board the continuing members A5£2£durin

subject to there being a quorum may act as if no vacancy existed, vacancy. (10) At any meeting of the Board the chairman or, in his c^rma^

absence, a person elected by the members present to act as chairman shall preside and, in the event of an equality of votes on any matter, shall have a second or casting vote.

(11) The members of the Board shall severally receive from ^ ^ the revenues of the Board such fees for their services as the mero

Governor in Council determines. (12) The Board may appoint a secretary who shall receive Appointment

from the revenues of the Board such fees for his services as the remuneration Governor in Council determines. of secretary.

5. Subject to this Act the general powers and functions of the General Board shall be— ISSnToi

the Board.

(a) to prescribe a preliminary educational standard and a NO.4939S.S. course of training in surveying which shall include training under indentures of apprenticeship approved and registered by the Board;

(b) to approve and register such indentures of apprenticeship;

(c) to hold examinations for certificates at which the examiners shall be members of the Board;

(d) to decide upon the places where and the times at which examinations are to be held;

(e) to issue certificates under this Act; (/) to grant licences under this Act and to register the

persons to whom such licences have been granted; (g) to suspend or cancel any such licence and to annul

any such suspension or cancellation; (h) to enter into and to give effect to reciprocal

arrangements (not inconsistent with this Act) with the Surveyors Board or other similar authority in any part of Her Majesty's dominions (including the United Kingdom) for and with respect to—

(i) securing uniformity in the training and examination of persons for certificates;

(ii) granting licences in Victoria to persons to whom certificates have been issued in the reciprocating State; and

(iii) accepting training and examination in the reciprocating State in lieu of the equivalent training and examination in Victoria;


(/) to take proceedings for offences against this Act and the regulations; and

(/') generally to do any other act or exercise any other power or perform any other duty necessary or expedient for carrying the provisions of this Act into effect.

Indentures of apprenticeship to be approved and registered by the Board. No. 4939 s. 6.

Issue of certificates by Board. No. 4939 s. 7.

6. No indentures of apprenticeship shall be of any force or effect for the purpose of this Act unless such indentures are approved and registered by the Board upon application made to the Board in the prescribed manner.

7. The Board shall issue a certificate to any person who has completed the prescribed course of training and who satisfies the examiners in the subjects set for examination.

Courses and examination in special branches of surveying. No. 5713 s. 2 (D-(3).

Appointment &c. of examiners.

Grant of certificates of competence.

Grant of licences by Board. No. 4939 s. 8.

8. (1) In addition to, and without in any way affecting, the course of training and examination in surveying referred to in section five of this Act, the Board may from time to time—

(a) prescribe or approve courses of training; and (b) hold or approve examinations—

in all or any of the following special branches of surveying, namely:—engineering surveying, mining surveying, topographic surveying, geodetic surveying, hydrographic surveying, and such other special branches of surveying as the Board thinks fit.

(2) For the purpose of any such examinations held by the Board the Board may appoint any one or more persons (who may or may not be members of the Board) to be examiners, and may pay from the revenues of the Board to any such examiners (whether members of the Board or not) such fees or other remuneration for their services as the Board with the approval of the Governor in Council determines.

(3) Subject to this section upon application made to the Board in the prescribed manner and form the Board shall grant to any person—

(a) who satisfies the Board that he has completed the appropriate prescribed or approved course of training and has passed the appropriate examinations held or approved by the Board; and

(b) who has paid the prescribed fees— a certificate of competence in the appropriate special branch of surveying.

9. The Board shall, upon payment of the prescribed fee, grant a licence to any person who satisfies the Board—

(a) that he is the holder of a certificate issued either by the Board or by the Surveyors Board or other similar authority in a reciprocating State;


(b) that he is a natural-born or naturalized subject of Her Majesty;

(c) that he is at least twenty-one years of age; and (d) that he is of good character.

10. The Board may, upon payment of the prescribed fee, in a issue of proper case issue to any person to whom a certificate has been i^£-of

issued by the Board and who satisfies the Board that he is of good BoMda.tion by

character a letter of recommendation to the Surveyors Board or NO. 4939 s. 9. other similar authority in a reciprocating State for the purpose of an application by him to be licensed or registered or otherwise qualified to practise surveying in that State.

11. (1) The Board shall cause to be kept a register in the Register of prescribed form (to be called the Register of Surveyors) and shall ^493 ™s 10 cause to be entered therein the full names and addresses of all persons to whom licences are granted under this Act or were issued under any corresponding previous enactment, the respective dates upon which such licences are so granted or were so issued, the particulars of the certificates or other qualifications in respect of which they are so granted or were so issued, and such other particulars as are prescribed.

(2) The Board shall in the month of January in every year in publication which the Minister so directs cause a copy of the register corrected renter.01

to the thirty-first day of December then last past to be published in the Government Gazette.

(3) The Board shall in the month of January in every year supplementary in which a copy of the register is not published as aforesaid cause lists-

to be published in the Government Gazette a supplementary list showing all alterations additions revisions and removals made in the register during the twelve months ended on the thirty-first day of December then last past.

(4) Every supplementary list so published shall be deemed to be part of the last published copy of the register and such last published copy shall be read and construed as subject to every such list.

(5) Any copy of the register published as aforesaid shall be Evidence of prima facie evidence of the facts therein stated and the absence re»stration-of the name of any person from such published copy shall be prima facie evidence that such person is not or was not (as the case may be) a licensed surveyor.

(6) A certificate signed or purporting to be signed by the secretary—

(a) to the effect that any person is or is not or was or was not at any specified date a licensed suveyor; or


(b) setting out the particulars contained in the register in connexion with registration of any licensed surveyor—

shall be prima facie evidence of the facts therein stated.

(7) No licence granted under this Act shall be of any force or effect until the person to whom such licence is granted is registered in accordance with this section.

cancefotion, J2. (1) If after inquiry the Board is satisfied in respect of any &c. of licences licensed surveyor— after inquiry.

NO. 4939 s. n. ( a ) that after the date of his registration he has been convicted of an indictable offence or of an offence which if committed in Victoria would be an indictable offence;

(b) that he has been convicted of an offence against this Act or the regulations;

(c) that his licence or any certificate or qualification upon which his licence was issued or granted was obtained by fraud misrepresentation or concealment of facts;

(d) that his licence or certificate has been withdrawn cancelled or suspended by the Surveyors Board or other similar authority in any reciprocating State, or that his name has been lawfully removed from the Register of Surveyors or other similar record in any reciprocating State, or that any qualification upon which his certificate or licence was issued or granted has been withdrawn cancelled or suspended by the authority which granted or conferred the same;

(e) that he has certified to the accuracy of any survey or plan which was not made by himself or under his immediate direction and supervision or which hs knew to be inaccurate or the accuracy of which he had not taken reasonable precautions to verify;

(/) that he has wilfully or by culpable negligence or through incompetence made or had made under his direction and supervision any survey or plan which is so inaccurate or defective as to be wholly unreliable;

(g) that he has knowingly certified to the accuracy of any survey or plan made by him or under his direction and supervision in relation to which the requirements of this Act or the regulations or of any other Act or regulation relating to surveys had not been complied with;


(h) that he has supplied any erroneous information with respect to any survey or plan knowing the same to be erroneous in any material particular; or

( 0 that he has wilfully or by culpable negligence or through incompetence habitually made inaccurate or defective surveys or plans—

the Board may by order—

(i) cancel the licence of such licensed surveyor and order him to pay the expenses incurred in investigating the matter and the costs of the inquiry;

(ii) suspend the licence of such licensed surveyor for a period not exceeding three years and order him to pay the said expenses and costs;

(iii) caution the licensed surveyor and order him to pay the said expenses and costs and (in default of payment within the period specified by the Board) suspend his licence until such payment is made; or

(iv) (either in addition to or in lieu of any of the foregoing penalties) order the licensed surveyor to pay within the period specified by the Board the costs (if any) incurred in the correction of the inaccurate or defective survey or plan—

and the Board shall forthwith upon the making of any such order send notification thereof to the person concerned by registered letter, and upon the making of an order of cancellation or during the period specified in an order of suspension such person shall cease to be a licensed surveyor.

(2) The Board shall by registered letter give to the licensed Notification

surveyor concerned at least thirty clear days' notice of the time to be'hcld.

place and subject of any such inquiry and such surveyor shall be entitled to be heard personally or by his representative at such inquiry.

(3) Any costs or expenses ordered to be paid under this Recovery of

section may be recovered in any court of petty sessions as a civil SpSSS! debt recoverable summarily or in any other court of competent jurisdiction.

(4) The cancellation or suspension of any licence may at any Annulment of time and for such reason as the Board thinks fit be annulled by S^spSn order of the Board. of licence.

(5) Any person who feels aggrieved by any order of the Board Appeal from

cancelling or suspending his licence may in the prescribed manner " " S S o n appeal therefrom to a judge of county courts within three months oflicence-after the notification to such person of such cancellation or suspension.


Powers of judge upon appeal.

Powers of Board in conducting inquiry.

Recording of orders made under this section.

(6) Such judge shall entertain inquire into and decide upon the appeal and for that purpose may do all such acts matters and things relating thereto and in the same manner and to the same extent as he is empowered to do in the exercise of his ordinary jurisdiction and his decision shall be final and without appeal.

(7) The Board shall for the purpose of conducting any inquiry authorized to be made under this Act have all the powers conferred by sections fourteen to sixteen of the Evidence Act 1958 upon a board appointed by the Governor in Council.

(8) The Board shall cause a record of the making and effect of any order made under this section to be recorded in the register in the prescribed manner.

Offences by persons other than licensed surveyors. No. 4939 s. 12.

Offences relating to survey marks. Comp. No. 4732 s. 16.

13. (1) Every person, whether employed in the public service or not, who—

(a) not being a licensed surveyor, takes uses or adopts in any manner whatsoever (either alone or in combination with any other words or letters) the name title addition or description of " Licensed Surveyor " or the letters " L.S." or any other name title words letters addition or description implying that he is licensed or registered under this Act or is a licensed surveyor or is qualified to practise as a licensed surveyor or is carrying on the practice of a licensed surveyor;

(b) not being a licensed surveyor, certifies to the accuracy of any title survey or signs or initials any plan purporting to be the plan of a title survey;

(c) not being a licensed surveyor or a person acting under the immediate direction and supervision of a licensed surveyor, makes or undertakes to make any title survey or carries out any work in connexion with or undertakes to carry out any work in connexion with any title survey or places in position in relation to any land any peg or other mark with the intention that it may be taken for a survey peg or survey mark so placed by or under the direction of a licensed surveyor for the purposes of a title survey—

shall be guilty of an offence against this Act and shall be liable to a penalty of not more than Fifty pounds.

(2) Every person who without the authority of a licensed surveyor destroys removes mutilates or defaces or directly or indirectly causes any alteration in the position of any survey peg or survey mark placed in position by or under the direction of any licensed surveyor shall be guilty of an offence against this Act and shall be liable to a penalty of not more than Twenty-five pounds and upon a conviction for any such offence the court may in

1958. Land Surveyors. No . 6288 847

addition to any penalty imposed order the payment of a reasonable amount of damages (including any expense incurred in replacing or re-establishing such survey peg or survey mark) to the licensed surveyor concerned or the person employing the licensed surveyor (as the case requires).

(3) Any person who wilfully obstructs a licensed surveyor or offences any person acting under the direction of a licensed surveyor in obstruction of the exercise of the powers and functions conferred upon him by n*™"0™**. this Act or any other Act shall be guilty of an offence against this Act and shall be liable to a penalty of not more than Twenty-five pounds.

(4) Any proceedings for an offence against this Act or the Proceedings regulations may be instituted by the secretary on behalf of the foroffences-Board.

14. ( 1 ) Any licensed surveyor or any person acting under Powers of the direction and supervision of a licensed surveyor may, when u^nailttag reasonably necessary for the purposes of any survey, without |"rvey-liability for trespass— No-4939 s' "•

(a) enter upon any land; and (b) place upon such land any survey peg or other survey

mark. (2) Such surveyor or such person acting under the direction

and supervision of a licensed surveyor shall be liable for damage caused in the execution of the powers conferred upon him by this section.

15 . ( 1 ) All fees penalties and other sums paid or recovered Application under this Act shall be paid to the Board and the Board shall apply p^iu£n,&c. such fees and penalties and sums— NO. 4939 s. 14.

(a) in payment of the fees payable to the members of the Board and the secretary under this Act;

(b) in payment of the expenses of one delegate from the Board attending any conference of the Institutes of Surveyors or the Surveyors Boards or other similar authorities of the reciprocating States; and

(c) generally in payment of the expenses incurred by the Board in giving effect to the provisions of this Act.

(2) The Board shall as soon as practicable after the thirtieth AmuBi day of June in each year publish a financial statement made up to SStemem. that date showing the receipts and expenditure (including liabilities of the Board) during the preceding twelve months which statement shall be inspected and reported upon as provided under the Audit Act 1958 for the inspection of and reporting upon the books and accounts of persons in the public service, and the Board shall pay to the Consolidated Revenue for any such inspection and report such amount as the Treasurer of Victoria thinks fit.

848 1958. Land Surveyors. No . 6288

Annual report ( 3 ) The Board shall submit to the Minister an annual report of proceedings. ^ i t s p r o c e e d i n g S > and such report shall include a copy of the

financial statement.

Regulations. 16. ( 1 ) Subject to this Act the Board with the approval of NO 57131" !5:- t n e Governor in Council may make regulations for or with respect (4). tO

(a) regulating its own proceedings; (b) prescribing the preliminary educational standard and

the course of training in surveying for persons desirous of being granted licences under this Act;

(c) prescribing preliminary educational standards and courses of training in the several special branches of surveying;

(d) prescribing the times and places of and the manner of conducting examinations under this Act and the standards and details of the subjects of such examinations;

(e) prescribing the times and places and the manner of conducting examinations in the several special branches of surveying and the standards and details of the subjects of those examinations;

(/) prescribing the fees to, be paid for examinations licences and letters of recommendation under this Act;

(g) regulating the issue of certificates the granting of licences and the registration of persons under this Act;

(h) prescribing the manner of application for approval and registration of indentures of apprenticeship under this Act and the fees to be paid therefor;

(f) prescribing the form of the register and the particulars to be entered therein;

(/) prescribing the manner of recording orders of the Board in the register;

(k) empowering the Board to accept and regulating the acceptance by the Board of a course of training and examination in surveying, whether in Victoria or elsewhere, in lieu of any part of the course of training and the examinations prescribed under this Act ;

(Z) regulating the making of title surveys; ( m ) securing the establishment and providing for the

maintenance of permanent survey marks; (n ) prescribing the fees to be charged by licensed

surveyors in respect of surveys (other than surveys for which fees are fixed by or under any other A c t ) ;

1958. Land Surveyors. No. 6288 ,849

(o) imposing penalties (not in any case exceeding Ten pounds) for contraventions of or failures to comply with the regulations; and

(p) entering into and carrying out reciprocal arrangements with Surveyors Boards or Institutes or other similar authorities or organizations in any part of Her Majesty's dominions (including the United Kingdom) in respect of training and examination and the granting of certificates in the several special branches of surveying or any of them;

(q) requiring, and making provision with respect to, training under indentures of apprenticeship or other form of agreement approved by the Board in the several special branches of surveying or any of them and providing for the registration of those indentures or agreements and the fees to be paid in respect of registration;

(r) keeping records of certificates of competence granted by the Board;

(s) prescribing the circumstances in which certificates of competence may be cancelled or suspended and providing for a proper inquiry before any such cancellation or suspension;

( 0 prescribing the form of certificate that every plan of survey made by the holder of a certificate of competence shall bear; and

(M) generally prescribing acts matters or things which are authorized or required to be prescribed or necessary or expedient to be prescribed for carrying this Act into effect.

(2) All such regulations shall be published in the Government Publication of Gazette and shall be laid before both Houses of Parliament within Te^atioas-fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament, and a copy of all such regulations shall be posted to each Member of Parliament.

(3) Any such regulation may without prejudice to any other Revocation of method of revocation be revoked by Order of the Governor in reguIati°ns-Council.

17. No person shall be eligible to hold pursuant to the Public Holders of Service Act 1958 the office of Surveyor-General or the office of ^SSvSSSS Surveyor and Chief Draughtsman in the Office of Titles or to act as ^™eyors-professional head of the Survey Branch of the Department of °'4 39 *16-

Crown Lands and Survey or as head of the Survey Branch of the Office of Titles unless he is licensed surveyor.

1958. Land Surveyors. No. 6288

18. With the approval of the Governor in Council the Board may from time to time cause to be prepared published and sold a handbook containing the Acts and regulations governing surveying and such other information and matter relative to surveying generally as the Board may consider of value to surveyors.

SCHEDULE.

Title of Act. Extent of Repeal.

Land Surveyors Act 1942 The whole.

Land Surveyors (Amendment) Act 1945 The whole.

Land Surveyors Act 1953 . . . . The whole.

Number of Act.

4939 ..

5068 ..

5713 ..

no. 6288. land surveyors act 1958.1958. land surveyors. no. 6288 837 no. 6288. land surveyors act...

Documents