1Short title and commencement
This Act may be cited as the Licensed Surveyors Act 1909, and shall come into operation on 1 January 1910.
Parliamentary material from the official source. Links open the official source in a new tab.
Bill homepageThis Act may be cited as the Licensed Surveyors Act 1909, and shall come into operation on 1 January 1910.
[Paragraph omitted under the Reprints Act 1984 s. 7(4)(e) and (f).]
Wherever in any enactment reference is made to a licensed surveyor, such reference shall be deemed to mean a surveyor licensed under this Act.
[Section 2 amended: No. 79 of 1996 s. 4.]
In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively: —
authorised survey — A survey of land authorised or required —
under any Act dealing with the alienation, leasing or occupation of Crown lands, or under the Transfer of Land Act 1893, or any other Act affecting titles to land; or
by the proprietor, lessee or mortgagee under any Act affecting titles to land,
including —
a survey of land which re‑establishes the boundaries previously established by a survey of land so authorised or required, if that re‑establishment —
involves the placement, replacement or relocation of any survey mark; or
is followed by advice for the purpose of enabling the boundaries of the land in question to be located,
or both so involves and is so followed; and
the lodgment of a plan with a Government department or the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5 for acceptance or adoption —
as a plan of an authorised survey, if that plan is certified or otherwise held out as having been created from the result of an authorised survey, or as describing the boundaries of land within or the subject of that plan, which land is to be the subject of an authorised survey before that plan is approved under section 18; or
as a compiled plan, if that plan is certified or otherwise held out as having been created from one or more authorised surveys recorded on plans approved under section 18, from field records that have been lodged, or from both.
Board — The Land Surveyors Licensing Board constituted under this Act.
Institute — The Institution of Surveyors, Australia, Western Australia Division Inc.
licence — A licence issued under this Act.
licensed surveyor — A surveyor licensed under this Act.
practising certificate — A practising certificate issued under section 11A.
prescribed — Prescribed by this Act or the regulations made thereunder.
reciprocating State — Any State, colony, or dominion within Her Majesty’s dominions with which reciprocal arrangements have been made by the Board for the recognition of the status of surveyors.
register — The register of licensed surveyors directed by this Act to be kept.
secretary — The secretary to the Board.
standard period, in relation to a practising certificate, means such period or periods, each not exceeding 3 years and expiring at the end of a calendar year, as is or are prescribed.
survey mark — A cairn, beacon, structure, post, peg, block, plug, tube, pipe, spike, pole or other mark of whatsoever material composed which is or has been placed, sunk or set up in such manner and by such persons as are prescribed.
Surveyor General — The professional officer charged with the general control of surveys under the department principally assisting the Minister in the administration of this Act.
this Act — This Act and any regulations made thereunder.
A reference in this Act to practising as a licensed surveyor includes a reference to certifying plans, diagrams, maps and other documents which are required under this Act or any other written law to be certified by licensed surveyors.
[Section 3 amended: No. 16 of 1940 s. 2; No. 107 of 1976 s. 3; No. 79 of 1996 s. 5; No. 60 of 2006 s. 143(2).]
There shall be a Land Surveyors Licensing Board which shall consist of —
the Surveyor General who shall be ex officio a member of the Board;
one member appointed by the Governor, on the nomination of the chief executive officer, to represent interests in relation to land registration matters;
one member appointed by the Governor, on the nomination of the Minister, to represent the interests of the users of licensed surveyors’ services;
2 members, who shall be licensed surveyors who hold practising certificates, appointed by the Governor on the nomination of the Institute;
one member, who shall be a member of the teaching staff of the course of surveying of an educational institution in this State, appointed by the Governor on the nomination of the educational institution being a nomination made in accordance with subsection (4a).
The Governor shall appoint, on the nomination of the Minister, one of the members of the Board to be the chairman of the Board.
One person appointed under subsection (1)(a), (b), (ba) or (d) shall be a licensed surveyor who holds a practising certificate.
The members of the Board, other than the Surveyor General, shall go out of office on 31 December in every year but shall be eligible for reappointment and shall be deemed to hold office until the appointment of their successors.
The Governor may, on the recommendation of a majority of the members of the Board, remove any member other than the Surveyor General, from the Board.
Whenever a vacancy occurs on the Board by reason of the removal, death, or resignation of any member other than the Surveyor General, the Governor shall, after nomination, appoint a member to fill the vacancy. If the member whose seat has become vacant was nominated by the Minister, the person to fill the vacancy shall be nominated by the Minister, and, if by the chief executive officer, he shall be nominated by the chief executive officer, and, if by the Institute, he shall be nominated by the Institute, and, if by an educational institution in this State, he shall be nominated by the educational institution.
In relation to the appointment of a member pursuant to subsection (1)(d), the Surveyor General shall —
in respect of the occasion of the first appointment of a member as soon as practicable after the coming into operation of section 4 of the Licensed Surveyors Act Amendment Act 1976; and
prior to each occasion thereafter when the office becomes vacant by effluxion of time but not later than 1 November in every year,
by notice in writing request an educational institution in this State providing a course in surveying to nominate a member of the teaching staff of the course of surveying of the institution who is willing to act as member of the Board.
Subject to subsection (5a), whenever the Institute or an educational institution neglects or omits to nominate for appointment —
on or before 1 December in every year the members or member of the Board, as the case requires, whom the Institute or that institution, as the case may be, is entitled under the provisions of subsection (1)(c) or (d) to nominate for the then ensuing year;
within one month from the date of the removal, death or resignation of a member of the Board, a person whom the Institute or that institution, as the case may be, is entitled under the provisions of subsection (4) to nominate to fill the vacancy caused thereby,
the Governor may appoint as members or a member of the Board for the then ensuing year, or to fill such vacancy, the persons or person nominated by a majority of the existing Board.
The Surveyor General shall, in the request made pursuant to subsection (4a), specify the date on or before which the nomination shall be made and where the educational institution neglects or omits to nominate a member of the Board on or before that date the Governor may appoint as member of the Board for the then ensuing year the person nominated by a majority of the existing Board.
All nominations for membership of the Board shall be in writing.
All appointments of members shall be notified in the Government Gazette.
[Section 4 amended: No. 107 of 1976 s. 4; No. 70 of 2003 s. 40(1)-(5).]
The rules set forth in the Second Schedule shall apply to the business, conduct, and proceedings of the Board.
The Board may from time to time appoint a secretary and such examiners and other officers as they think necessary for giving effect to this Act.
All such persons shall hold office during the pleasure of the Board.
The Board, with the approval of the Governor, may pay the secretary and other officers such salaries, fees, or allowances as they think fit.
The members of the Board may receive such fees as the Governor may approve.
Subject to this Act, a person is entitled to a licence if the person applies for a licence in the prescribed form and in so doing transmits to the Board the prescribed application fee, and proves to the satisfaction of the Board that he —
has attained the age of 18 years; and
has not, during the period of 10 years before making the application, been convicted of, or served any part of a term of imprisonment for, an offence in Western Australia or elsewhere involving fraud or dishonesty; and
is not bound in relation to an offence referred to in paragraph (aa) by a bail undertaking; and
does not have a charge pending in relation to an offence referred to in paragraph (aa); and
has obtained the prescribed certificate of competency, or is qualified to practise as a surveyor in any reciprocating State and has complied with all the requirements of this Act for the issue of a licence except for the requirement to obtain a certificate of competency; and
has made a declaration before a justice in the form set out in the Third Schedule.
[Section 7 inserted: No. 79 of 1996 s. 6; amended: No. 70 of 2003 s. 40(6).]
The Board may require the attendance of any person —
who applies for the issue of a licence under this Act; or
who applies for the renewal of a practising certificate under this Act and in respect of whom the Board wishes to determine whether or not a requirement made under section 11B(1) has been complied with,
and of any other person for the purposes of dealing with the application, and may examine or question any such persons or any witnesses who may attend before the Board, upon oath, affirmation, or otherwise, and for any such purpose the chairman may administer an oath or affirmation.
Every summons issued by the Board requiring the attendance of any person or the production of any documents shall have the same effect as a subpoena issued by the Supreme Court in a civil action; and the obedience thereto or non‑observance thereof may be enforced and punished by a judge of the said court sitting in chambers in the same manner as in the case of the disobedience or non‑observance of a subpoena issued by the said court.
[Section 8 amended: No. 79 of 1996 s. 7; No. 55 of 2004 s. 648.]
The Board may make any inquiry that the Board considers necessary or expedient for the purposes of —
determining any application or any other matter before the Board;
determining whether or not a licensed surveyor is or has been complying with the requirements of this Act;
determining whether any other cause exists that might be considered by the Board a proper cause for disciplinary action;
detecting offences against this Act.
The Board may designate an officer of the Board to be an investigator to carry out an inquiry and report to the Board under this section.
The investigator may —
require any person —
to give the investigator such information as the investigator requires; and
to answer any question put to the person,
in relation to any matter the subject of such inquiry; and
require any person to produce any document to the investigator; and
enter at all reasonable times and search any premises and inspect any documents that the investigator finds on the premises; and
make a copy or abstract of any document produced or inspected under this section, or of any entry made in the document.
A requirement made under subsection (3)(a) —
may be made orally or by notice in writing served on the person required to give information or answer a question, as the case may be; and
shall specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and
may, by its terms, require that the information or answer required —
be given orally or in writing; and
be given at or sent or delivered to any place specified in the requirement; and
in the case of written information or answers, be sent or delivered by any means specified in the requirement; and
be given on oath or affirmation or by statutory declaration for which purpose the investigator may administer an oath or affirmation and have the authority of a commissioner for declarations.
A requirement made under subsection (3)(b) —
shall be made by notice in writing served on the person required to produce a document; and
shall specify the time at or within which the document is to be produced; and
may, by its terms, require that the document be produced —
at any place specified in the requirement; and
by any means specified in the requirement.
Where under subsection (3)(a) an investigator orally requires a person to give any information or answer any question, the investigator shall inform that person that he is required under this Act to give the information or answer the question, as the case may be.
Where under subsection (3)(a) or (b) a person is required by notice in writing to give any information, answer any question, or produce any document, the notice shall state that he is required under this Act to give the information, answer the question, or produce the document, as the case may be.
Before entering any premises under this section the investigator —
shall obtain a warrant to do so from a magistrate or Justice of the Peace which warrant the magistrate or Justice of the Peace is authorised to issue upon being satisfied that the entry is sought in good faith for the purpose of carrying out an inquiry under this section; and
shall display to the person, if any, giving the investigator entry, a document signed by the chairman of the Board and certifying that the person is designated as an investigator by the Board.
[Section 8A inserted: No. 55 of 2004 s. 649.]
Without prejudice to the provisions of section 11 of the Evidence Act 1906, where under section 8A a person is required to —
give any information; or
answer any question; or
produce any document,
he shall not refuse to comply with that requirement on the ground that the information, answer, or document may tend to incriminate the person or render the person liable to any penalty, but the information or answer given, or document produced, by the person shall not be admissible in evidence in any proceedings against the person other than proceedings in respect of an offence against section 8C(1)(b).
[Section 8B inserted: No. 55 of 2004 s. 649.]
Where under section 8A a person is required to give any information, answer any question, or produce any document and that person, without reasonable excuse (proof of which shall lie on him) —
fails to give that information or answer that question at or within the time specified in the requirement; or
gives any information or answer that is false in any particular; or
fails to produce that document at or within the time specified in the requirement,
the person commits an offence.
Penalty: $2 000.
It is a defence in any proceeding for an offence under subsection (1)(a) or (c) for the accused to show —
that, in the case of an alleged offence arising out of a requirement made orally under section 8A, the investigator did not, when making the requirement, inform the accused that he was required under this Act to give the information or answer the question, as the case may be; or
that, in the case of an alleged offence arising out of a requirement made by notice in writing under section 8A, the notice did not state that he was required under this Act to give the information, answer the question, or produce the document, as the case may be; or
that the time specified in the requirement did not afford the accused sufficient notice to enable him to comply with the requirement; or
that, in any case, the investigator did not, before making the requirement, have reasonable grounds to believe that compliance with the requirement would materially assist in the inquiry being carried out.
[Section 8C inserted: No. 55 of 2004 s. 649; amended: No. 2 of 2008 s. 66.]
A person shall not prevent or attempt to prevent an investigator from entering premises or otherwise obstruct or impede an investigator in the exercise of his powers under section 8A.
Penalty: $2 000.
[Section 8D inserted: No. 55 of 2004 s. 649.]
Showing the first 12 of 56 provisions. See all provisions