Surveyors Regulations 2003

Surveyors Regulations 2003

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Surveyors Act 2002 .

17 November 2003

RICHARD BUTLER

Governor

By His Excellency's Command,

BRYAN GREEN

Minister for Primary Industries, Water and Environment

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Surveyors Regulations 2003 .

2.   Commencement

These regulations take effect 14 days after the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations, unless the contrary intention appears –

Act means the Surveyors Act 2002 ;

agreement means a professional training agreement approved by the Institution;

candidate means a person who is registered as a candidate as provided in regulation 5 in order to establish his or her competency to practise as a registered land surveyor;

certificate of competency means a certificate of competency issued by the Institution under regulation 9 ;

Council means the Council of the Reciprocating Surveyors Boards of Australia and New Zealand;

Institution means the Institution of Surveyors Australia Incorporated, Tasmania Division;

professional practice examination means the professional practice examination specified in Part 3 of Schedule 1 ;

rural project examination means the rural project examination specified in Part 1 of Schedule 1 ;

urban project examination means the urban project examination specified in Part 2 of Schedule 1 .

PART 2 - Qualification, Training and Accreditation of Land Surveyors

Division 1 - Administration

4.   Role and responsibilities of Institution

(1)  The responsibilities of the Institution are to administer the training, examination and accreditation of persons seeking to establish their competency to practise as registered land surveyors in Tasmania.

(2)  In performing its responsibilities under these regulations, the Institution –

(a) is to maintain consistency with established national competency standards, minimum qualifications, training, examination and accreditation requirements for registered land surveyors; and

(b) may represent the interests of Tasmania, at meetings of the Council, in respect of the qualification, training, examination and competency accreditation of persons seeking to become registered land surveyors; and

(c) must not discriminate between persons who are members or who are not members of the Institution.

(3)  The Institution is to prepare and publish guidelines detailing the procedures to be adopted for the qualification, training, examination and accreditation of persons seeking to establish their competency to practise as registered land surveyors, and the forms and certificates that are to be used for those purposes.

(4)  The Institution may determine and publish a scale of such fees as it determines to be appropriate in respect of –

(a) registration of candidates; and

(b) assessment of qualifications; and

(c) administration of professional training; and

(d) conduct of examinations; and

(e) assessment and accreditation of competency –

but must not charge a fee that would recoup more than the cost of the service which is actually provided and to which the fee relates.

5.   Candidate registration

(1)  The Institution is to establish and maintain –

(a) a register (to be called the Register of Candidates) that consists of the names and addresses of all persons who have applied to the Institution to undertake the requirements prescribed in order to establish their competency to practise as registered land surveyors; and

(b) a second register that consists of the names and addresses of each candidate to whom a certificate of competency has been issued by the Institution and the date of issue of that certificate.

(2)  Any person who wishes to undertake the requirements prescribed in order to establish his or her competency to practise as a registered land surveyor under section 8 of the Act is to apply to the Institution to have his or her name registered as a candidate in the Register of Candidates.

(3)  If, in the opinion of the Institution, a candidate is not diligent in complying with the requirements of this Part, the Institution may –

(a) remove the name of that candidate from the Register of Candidates; or

(b) suspend the registration of that candidate for such period as it thinks fit.

Division 2 - Qualifications and training

6.   Prescribed course of study and prescribed qualifications

A candidate is to complete successfully a course of study leading to –

(a) the award of a university degree in surveying that is recognised by the Institution for the purposes of these regulations; or

(b) such other qualifications as are determined by the Institution to be of equivalent standard.

7.   Professional training

(1)  The prescribed professional training required to be undertaken by a candidate is a minimum of 2 years training, of which at least 12 months is to be undertaken in Tasmania.

(2)  For the purposes of subregulation (1) , the training –

(a) is to be under the supervision of a registered land surveyor approved by the Institution or of any other suitably qualified person who is so approved; and

(b) is to include a minimum of 18 months in cadastral boundary definition, with –

(i) at least 12 months of that training occurring after the date on which the candidate obtained the degree or diploma referred to in regulation 6 ; and

(ii) at least 6 months of that training being performed in Tasmania; and

(c) is to be in accordance with an agreement entered into by the candidate with the surveyor or other qualified person in respect of training in land surveying practice.

(3)  An agreement for the purposes of subregulation (2) is to be in accordance with such form as the Institution may determine.

(4)  A surveyor or qualified person who provides supervision for a candidate under this regulation is to complete a certificate, in accordance with such form as the Institution may determine, in respect of the practical surveying experience gained by that candidate.

(5)  A certificate referred to in subregulation (4) is to be lodged with the Institution.

(6)  The Institution may exempt any candidate from any requirement of professional training specified in this regulation if it is of the opinion that –

(a) the candidate has sufficient professional experience in the relevant field of survey practice; or

(b) the candidate has completed a postgraduate course in land surveying practice that is approved by the Institution.

8.   Pre-examination requisites

(1)  A candidate who wishes to obtain a certificate of competency may not undertake –

(a) the rural project examination in any year unless the candidate has, within the period of 3 years immediately preceding 30 June in that year, submitted 2 rural surveys to the Institution; or

(b) the urban project examination in any year unless the candidate has, within the period of 3 years immediately preceding 30 June in that year, submitted 3 urban surveys to the Institution.

(2)  The rural surveys and urban surveys referred to in subregulation (1)  –

(a) are to be completed and submitted to the Institution by the candidate during the period of professional training undertaken by the candidate in accordance with regulation 7 ; and

(b) are taken not to be project surveys for the purposes of regulation 9(1) and may not be used as such; and

(c) are to be certified by the surveyor under whose supervision they were undertaken to be surveys for which the candidate under supervision was primarily responsible.

(3)  The rural surveys referred to in subregulation (1)(a) are not required to cover any minimum area of land but are to include at least one boundary located in bushland and, when taken together, are to demonstrate the following survey practices:

(a) the re-establishment of original Crown grant boundaries and boundaries from surveys of registered lands;

(b) the re-establishment of a natural boundary;

(c) the re-establishment of occupied and unoccupied boundaries;

(d) connections to the Geocentric Datum of Australia, with coordinates calculated for 2 points on the survey.

(4)  The urban surveys referred to in subregulation (1)(b)  –

(a) when taken together, are to satisfy at least 3 of the following purposes:

(i) to transfer a portion of land, whether or not the land is registered under the Land Titles Act 1980 , requiring subdivision by a sealed plan under the Local Government (Building and Miscellaneous Provisions) Act 1993 ;

(ii) to support an application for a vesting order, where title is claimed by adverse possession and the relevant land is registered under the Land Titles Act 1980 ;

(iii) to replace a written description, or plan made from a written description, of land with a plan of survey to be registered under the Land Titles Act 1980 ;

(iv) to support an application to rectify the plan of survey of land registered under the Land Titles Act 1980 ; and

(b) when taken together, are to demonstrate satisfactorily the following survey practices:

(i) connections to the Geocentric Datum of Australia, with coordinates calculated for 2 corners in the survey;

(ii) the survey of a boundary which is physically obstructed by a wall, building or similar structure.

(5)  For the purposes of assessing any survey submitted to it under this regulation, the Institution is to arrange for a registered land surveyor –

(a) to assess the survey having due regard to the results of any survey examination, requisition and audit provided to the Institution; and

(b) to discuss the survey with the candidate, and advise him or her of any area of perceived deficiency.

(6)  The Institution may exempt any candidate from any requirement in this regulation where it is of the opinion that the candidate has sufficient professional experience in the area of survey practice to which that requirement relates.

Division 3 - Examinations

9.   Examinations for certificate of competency

(1)  The examinations that are required to be passed by a candidate are –

(a) the rural project examination; and

(b) the urban project examination; and

(c) the professional practice examination.

(2)  A candidate is not entitled to rely on any examination referred to in subregulation (1) unless he or she has passed the examination within the preceding period of 3 years.

(3)  The Institution must issue a certificate of competency to a candidate if –

(a) the Institution is satisfied that the candidate –

(i) has completed successfully the course of study, or has the qualifications, referred to in regulation 6 ; and

(ii) has gained the professional training referred to in regulation 7 ; and

(iii) has passed the examinations referred to in subregulation (1) ; or

(b) the candidate has provided the Institution with satisfactory evidence that he or she has gained alternative qualifications, training and experience which is considered by the Institution to be at least equivalent to the qualifications, training and experience required under these regulations.

(4)  A certificate of competency is to be in accordance with such form as the Institution may determine.

10.   Project examinations

(1)  A candidate for the project examinations referred to in regulation 9(1)(a) and (b) must –

(a) comply with regulation 13 ; and

(b) submit to the Institution details of the proposed rural survey project and of the proposed urban survey project –

each of which projects is to be approved as suitable by the Institution.

(2)  The candidate must submit to the Institution, when completed, the rural survey project and the urban survey project together with all of the original field notes and calculations relating to the projects.

(3)  The Institution may submit the completed projects, together with all of the original field notes and calculations, to the Surveyor-General for examination, requisition and audit.

(4)  The results of the Surveyor-General’s examination, requisition and audit of any such projects are to be provided to the Institution.

(5)  The Institution may exempt any candidate from the requirement to undertake a project examination if it is satisfied that the candidate has sufficient experience in the area to which that examination relates.

11.   Professional practice examination

(1)  The professional practice examination is to be in accordance with Part 3 of Schedule 1 .

(2)  A candidate for the professional practice examination referred to in regulation 9(1)(c) may sit for that examination only if the projects specified in Parts 1 and 2 of Schedule 1 have been submitted to the Institution for examination.

12.   Date of examinations

(1)  The Institution is to conduct examinations at least annually at such times as it may determine.

(2)  Where a candidate for any examination has failed to pass that examination, the Institution may allow that candidate to sit for a supplementary examination.

13.   Applications to sit for examinations

(1)  A person may not sit for any examination conducted by the Institution unless he or she has complied with regulations 5 , 6 , 7 and 8 .

(2)  If, in the Institution's opinion, a project submitted for a project examination is of an unsatisfactory standard, the Institution may refuse a candidate’s application to sit for that examination.

14.   Examination instructions

From time to time the Institution may issue, revoke or vary any guidelines referred to in regulation 4(3) and such instructions to candidates for examinations as it considers appropriate.

15.   Plans and projects

(1)  Any plan or project submitted for any examination conducted by the Institution is to include a certificate signed by the candidate.

(2)  The certificate is to be in accordance with such form as the Institution may determine.

PART 3 - Registration of Land Surveyors

16.   Application for registration

An application under section 8 of the Act to be registered to practise as a land surveyor –

(a) is to be in accordance with such form as the Surveyor-General may determine; and

(b) is to be accompanied by evidence of one of the qualifications referred to in section 8(1) of the Act.

17.   Renewal of registration

An application under section 10(1) of the Act for the annual renewal of registration to practise as a land surveyor –

(a) is to be in accordance with such form as the Surveyor-General may determine; and

(b) is to be lodged with the Surveyor-General before 1 January in each year.

18.   Registration and renewal of registration by Surveyor-General

(1)  On receipt of an application for registration or renewal of registration as a land surveyor, the Surveyor-General must –

(a) grant the application if the requirements of the Act relating to the application have been met; and

(b) if requested by the applicant, issue the applicant with a certificate of registration in accordance with such form as the Surveyor-General may determine –

or, if the Surveyor-General has reason to believe that the applicant is not qualified to be registered as a land surveyor, he or she may, by notice in writing served on the applicant, refuse to grant the application.

(2)  Before the Surveyor-General gives notice of refusal to grant an application for the registration or renewal of registration as a land surveyor under subregulation (1) , he or she is to notify the applicant, by notice in writing served on the applicant, of –

(a) his or her intention to refuse the application; and

(b) the grounds for refusal of the application; and

(c) the date on which, and the time and place at which, a hearing will be convened by the Surveyor-General to enable the applicant to show cause why the applicant’s application should not be refused.

(3)  An applicant who is served a notice referred to in subregulation (2) may –

(a) appear in person at the hearing referred to in that subregulation; or

(b) before the hearing, submit to the Surveyor-General a statement of the grounds on which the applicant relies.

PART 4 - Survey Marks

19.   Requirements for survey marks

(1)  For the purpose of section 41 of the Act, a survey mark is to take, subject to subregulation (3) , any of the following forms:

(a) boundary mark – which is any mark placed to define the physical location of a corner or a boundary of land, including any stones or trenches placed in accordance with one of the forms specified in Schedule 2 to secure that mark, and which –

(i) if made of wood, is to be at least 75mm square in cross-section extending at least 100mm from the top and is to have a length of not less than 400mm; or

(ii) if made of metal, is to be in the form of a steel star bar at least 450mm long; or

(iii) if made of plastic, is to be not less than 50mm square at the top and 400mm long; or

(iv) in the case of a tree or log, is to be marked in accordance with one of the forms specified in Schedule 2 ;

(b) reference mark – which is any durable, clearly described mark on a building or on an immovable object, or an iron spike or pipe of not less than 12mm in diameter and 300mm in length driven flush with a paved surface or 50mm below an unpaved surface, and which is used to assist in the determination of any corner or boundary of land;

(c) reference mark – which is a tree marked in accordance with one of the forms specified in Schedule 2 and used to assist in the determination of any corner or boundary of land;

(d) traverse mark – which is any mark utilised to define an instrument station on a survey of land that is not a boundary, reference or permanent mark and, if made of wood, steel or plastic, is to be of lesser dimensions than those used for a boundary mark or reference mark;

(e) permanent mark – which is any mark adopted as a permanent mark under section 14 of the Survey Co-ordination Act 1944 .

(2)  Survey marks –

(a) are to be as durable as may be practicable in the circumstances of the survey; and

(b) are to be placed in as permanent a manner as possible; and

(c) are to be accurately and clearly described in the relevant survey notes in accordance with any directions issued under section 15 of the Act.

(3)  Where the survey marks referred to in subregulation (1) are impracticable or unsuitable, marks of equivalent durability and stability may be used at the discretion of the registered land surveyor responsible for their placement.

PART 5 - Miscellaneous

20.   Letters of accreditation

(1)  A person to whom a certificate of competency in land surveying has been granted, and who wishes to be authorised, licensed or registered as a land surveyor in another Australian State or a Territory or in New Zealand, may apply to the Institution for a letter of accreditation.

(2)  An application under subregulation (1) is to be made in writing and, on receipt of the application, the Institution is to issue a letter of accreditation to the applicant in a form determined by the Institution.

(3)  A person to whom a certificate of registration as a land surveyor has been issued, and who wishes to be authorised, licensed or registered as a land surveyor in another Australian State or a Territory or in New Zealand, may apply to the Surveyor-General for a letter of confirmation of registration.

(4)  An application under subregulation (3) is to be made in writing and, on receipt of the application, the Surveyor-General is to issue a letter of confirmation of registration to the applicant in a form determined by the Surveyor-General.

21.   Review of decisions by Minister

For the purposes of section 39 of the Act, an application to the Minister for review of a decision of the Surveyor-General –

(a) is to be made by a surveyor within 3 months after he or she is notified of the decision; and

(b) is to state the grounds on which the review is sought.

22.   Survey certificate

In the case of a survey of land, the certificate required under section 26(4) of the Act –

(a) is to be in accordance with Schedule 3 ; and

(b) is to form part of any survey notes required for the purposes of the survey.

SCHEDULE 1 - Examinations

Regulations 3 , 9 , 10 and 11

PART 1 - Rural project examination

PART 2 - Urban project examination

PART 3 - Professional practice examination

SCHEDULE 2 - Form of Survey Marks

Regulation 19(1)(a) and (c)

PART 1 - Surveys of land made under any Act other than the Mineral Resources Development Act 1995

PART 2 - Surveys of land made under the Mineral Resources Development Act 1995

SCHEDULE 3 - Survey Certificate

Regulation 22

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 November 2003

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations provide for –

(a) the Institution of Surveyors Australia Incorporated, Tasmania Division to be responsible for the training, examination and accreditation of persons seeking to establish their competency as land surveyors; and

(b) the establishment of a register of candidates; and

(c) the qualifications, examinations and training required; and

(d) the issue of certificates of competency; and

(e) the registration of land surveyors; and

(f) the review by the Minister of decisions of the Surveyor-General; and

(g) requirements for survey marks; and

(h) the form of a survey certificate for land surveys.