Surveyors Regulations 2014

Surveyors Regulations 2014

I, the Lieutenant-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 .

A. M. BLOW

Lieutenant-Governor

By His Excellency's Command,

JEREMY ROCKLIFF

Minister for Primary Industries and Water

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Surveyors Regulations 2014 .

2.   Commencement

These regulations take effect on 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 prescribed institute;

candidate means a person who is registered as a candidate as provided in regulation 6 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 prescribed institute under regulation 11 ;

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

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 .

4.   Prescribed institute

For the purposes of the Act, the Institute of Surveyors Tasmania is the prescribed institute.

PART 2 - Qualification, Training and Accreditation of Land Surveyors

Division 1 - Administration

5.   Role and responsibilities of prescribed institute

(1)  The responsibilities of the prescribed institute 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 prescribed institute –

(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 qualifications, 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 prescribed institute.

(3)  The prescribed institute is to prepare and publish guidelines detailing the procedures to be adopted for the qualifications, training, examination and competency 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 prescribed institute 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.

6.   Candidate registration

(1)  The prescribed institute is to establish and maintain –

(a) a register (to be called the Register of Candidates) that consists of the name, residential address and email address of all persons who have applied to the prescribed institute to undertake the requirements prescribed in order to establish their competency, or be re-accredited, to practise as registered land surveyors; and

(b) a second register that consists of the name and residential address of each candidate to whom a certificate of competency has been issued by the prescribed institute and the date of issue of that certificate; and

(c) a third register that consists of the name and residential address of each candidate re-accredited by the prescribed institute and the date of re-accreditation.

(2)  Any person who wishes to undertake the requirements prescribed in order to establish his or her competency, or be re-accredited to practise as a registered land surveyor under section 8 or 8A of the Act, is to –

(a) apply to the prescribed institute to have his or her name registered as a candidate in the Register of Candidates; and

(b) notify the prescribed institute of any change in his or her name or residential address within the period of one month after the change occurs.

(3)  If, in the opinion of the prescribed institute, a candidate is not diligent in complying with the requirements of this Part, the prescribed institute 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 - Re-accreditation by prescribed institute

7.   Application for re-accreditation

(1)  An application for re-accreditation by the prescribed institute is to include –

(a) in the case of re-accreditation for the purposes of section 8A of the Act, a copy of the Surveyor-General's advice of the applicant's inability to be registered; or

(b) in the case of re-accreditation for the purposes of section 25 of the Act, a copy of the Surveyor-General's advice of the details of the non-compliance with statutory requirements demonstrated in the candidate's last 3 audits; or

(c) in the case of re-accreditation for the purposes of section 34 of the Act, a copy of the Director's determination of the grounds for requiring re-accreditation.

(2)  The prescribed institute is to administer, with particular reference to the advice or determination referred to in subregulation (1)(a) , (b) or (c) , such training and examination of the candidate as the prescribed institute considers equivalent to that provided by professional training referred to in Division 3 and examination referred to in Division 4 .

(3)  On the candidate's successful completion of the necessary training and examination, the prescribed institute is to issue, in such form as it considers appropriate, a letter of re-accreditation attesting to the candidate's competency to practise as a registered land surveyor.

Division 3 - Qualifications and training

8.   Prescribed course of study and prescribed qualifications

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

(a) the award of university qualifications in surveying that are recognised by the prescribed institute for the purposes of these regulations; or

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

9.   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 prescribed institute 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 university qualifications referred to in regulation 8 ; 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 prescribed institute 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 prescribed institute 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 prescribed institute.

(6)  The prescribed institute 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 prescribed institute.

10.   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 prescribed institute; 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 prescribed institute.

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

(a) are to be completed and submitted to the prescribed institute by the candidate during the period of professional training undertaken by the candidate in accordance with regulation 9 ; and

(b) are taken not to be project surveys for the purposes of regulation 11(1)(a) or (b) 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.

(4)  The urban surveys referred to in subregulation (1)(b) , when taken together, are to –

(a) demonstrate the survey practice of surveying a boundary which is physically obstructed by a wall, building or similar structure; and

(b) 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 ; and

(c) 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 ; and

(d) fulfil an additional purpose other than one referred to in paragraph (b) or (c) .

(5)  For the purposes of assessing the surveys submitted to it by a candidate under this regulation, the prescribed institute is to arrange for a registered land surveyor to act as a mentor to the candidate –

(a) to assess the surveys for suitability for purpose, adequacy of boundary reinstatement and compliance with statutory requirements; and

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

(6)  The prescribed institute 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 4 - Examinations

11.   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 prescribed institute must issue a certificate of competency to a candidate if –

(a) the prescribed institute is satisfied that the candidate –

(i) has completed successfully the course of study, or has the qualifications, referred to in regulation 8 ; and

(ii) has gained the professional training referred to in regulation 9 ; and

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

(b) the candidate has provided the prescribed institute with satisfactory evidence that he or she has gained alternative qualifications, training and experience which is considered by the prescribed institute 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 prescribed institute may determine.

12.   Project examinations

(1)  A candidate for the project examinations referred to in regulation 11(1)(a) and (b) must –

(a) comply with regulation 15 ; and

(b) submit to the prescribed institute 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 prescribed institute.

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

(3)  The prescribed institute may submit the completed projects, together with all of the original field records 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 prescribed institute.

(5)  The prescribed institute 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.

13.   Professional practice examination

(1)  The professional practice examination referred to in regulation 11(1)(c) is to be in accordance with Part 3 of Schedule 1 .

(2)  A candidate for the professional practice examination may sit for that examination only if the projects specified in Parts 1 and 2 of Schedule 1 have been submitted to the prescribed institute for examination and awarded a pass.

14.   Date of examinations

(1)  The prescribed institute 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 prescribed institute may allow that candidate to sit for a supplementary examination.

15.   Applications to sit for examinations

(1)  A person may not sit for any examination conducted by the prescribed institute unless he or she has complied with regulations 6 , 8 , 9 and 10 .

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

16.   Examination instructions

From time to time the prescribed institute may issue, revoke or vary any guidelines referred to in regulation 5(3) and such instructions to candidates for examinations as it considers appropriate.

17.   Plans and projects

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

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

PART 3 - Registration of Land Surveyors

18.   Application for registration

An application under section 7 of the Act to be registered 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 the qualifications referred to in section 7(2)(a) and (b) of the Act.

19.   Renewal of registration

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

(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 31 December in the preceding year.

20.   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 - Miscellaneous

21.   Letter of confirmation of registration

(1)  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.

(2)  An application under subregulation (1) 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.

22.   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.

23.   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 2 ; and

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

24.   Fees

For the purposes of section 46(2)(g) of the Act, the fee for –

(a) an application for registration or re-registration, is 200 fee units; and

(b) an application for re-registration that is late, 250 fee units.

SCHEDULE 1 - Examinations

Regulations 3 and 13

PART 1 - Rural project examination

PART 2 - Urban project examination

PART 3 - Professional practice examination

SCHEDULE 2 - Survey Certificate

Regulation 23

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

Notified in the Gazette on 10 December 2014

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