Land Surveyors Act of 1908 (8 Edw VII No. 3) (Qld)

SURVEYORS. 8 EDW. VII. No. 3, 1908. Land Surveyors. 9341 SURVEYORS. An Act to Provide for the Registration of Land 8 Edw. VII. Surveyors; to Control the Practice of such TH~Oi!~D •• SURVEYORS Surveyors; and for other purposes InCIdental ACT OF 1908. thereto. [ASSENTED TO 15TH APRIL, 1908.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The Land SUrVeY01'8Shorttitleand Act of 1908,"and shall commence and take ~ffect on and:::~fC1~t. from the first day of January, one thousand nIne hundred and nine. ·2. The Acts mentioned in the First Schedule to this Repeal: Act are repealed to the extent therein indicated. Schedule I. Wherever in any enactment reference is made to a licensed surveyor, such reference shall be deemed to mean a surveyo~ authorised by registration under this Act. 3. In this Act, unless the context otherwise indicates, I.nterpretll' the following terms have the meanings set against them tlOll. respectively, that is to say,- "Autohrorreisqeud . uSe d u-rvey"- . A survey of land authorised sAuurvtheo.yr, ised (a) Under any Act dealing with the alienation, leasing, and occupation of Crown lands or with mining, or affecting titles to land; or (b) By the proprietor, leRsee, or mortgagee under any Act affecting titles to land; "Board "-The Surveyors Board, constituted under Board. this Act; " Co-operating State"-Any State or Colony within Co-operating His Majesty's Dominions with which reciprocal State. arrangements have been made by the Board for the recognition of the status of surveyors; " Institute"-" The Queensland Institute of Sur- Institute. veyors Incorporated" ; "Minist,er"-The Secretary for Public Lands, or Minister. other Minister of the Crown for the time being charged with the administration of this Act; "Pres#cribed "-Prescribed by this Act; Proscribed.

SURVEYORS. Land Surveyors. 8 EDw. VII. No. 3, Register. Registra.r of Titles. Surveyor. Surveyor. Genera.l. This Act. " Register"-The Register of Surveyors directed by this Act to be kept; "Registrar of Titles" includes every local Deputy Registrar of Titles; "Surveyor"-A surveyor authorised by registration under this Act; " Surveyor-General "-The professional officer charged with the general control of surveys under the Department of Public Lands; "'l'hisAct"-This . Act and any By-laws made thereunder. Constitution 4. (1.) For the effectual execution of this Act there BofoSarudr. veyors shall be constituted a Board, consisting of five persons being surveyors, which shall be called "The Surveyors Board." (2.) The Surveyor-General shall always be ex officio a member of the Board and the President thereof. (3.) Two members of the Board, being salaried officers of the Crown, shall be appointed by the Governor in Oouncil. (4.) Two members of the Board shall be appointed by the Governor in Oouncil on the nomination of the Queensland Institute of Surveyors Incorporated. (5.) The first appointments of members of the Board shall be made on the fourteenth day of .January, one thousand nine. hundred and nine, or as soon thereafter as may be. The members so appointed shall be persons entitled to be registered as surveyors under this Act. The names of the first members of the Board shall be published in the Gazette, and thereupon the Board shall be deemed to be duly constituted under this Act. (6.) Appointments shall thereafter be made on or before the fourteenth day of January of every year. '. (7.) If in any year the Institute fails in the nomina- tIOn of any person or persons to be a member or members before the seventh day of January, an appointment or appointments shall be made by the Governor in Oouncil without nomination. (8.) The Governor in Oouncil shall fill up any extra- ordinary vacancy caused by the death, resignation, or remoTal of any member of the Board, by the appoint- ment of some surveyor. (9.) The members other than the Surveyor-General shall g:'J out of office on the fourteenth day of January of every year, but shall be eligible to be reappoiij.ted.

SURVEYORS. 1908. Land Surveyors. (10). Every appointment of a member or members shall be notified in the Gazette. 5. The rules set forth in the Second Schedule to this Rules for Act shall apply to the business, conduct, and proceedings cthoendBuocatrodf. of the Board, and shall be observed. Schedule 1I. 6. The Board may from time to time appoint a Board may secretary and such examiners and other officers as theyaPPOlt'nt t hI· nk necessary fo· r · g.lV(m!g{e!llect to t llI' S Act, and, W'Ith seexcarme ianreyr,s, othffeicaerpspsruocvhalsaolfartyhe(oGr ofeveesr)naonrdinallCoowuanncciel, smasatyhepyaythtm. o ksufcith. a 0 nflcideorsth. er All such persons shall hold office during the pleasure of the Board. Nothing in this Act shall be construed to prevent the Board from appointing one of their members to be the secretary, or one or more of their members to be an examiner or examiners, or from paying to him or them such fees in that behalf as may be prescribed. 7. Subject to this Act, every person shall be entitled Pe~ sons to be reO b 'istered as " a survevor upon making application in r e e n g t~ is t t l e e r d edto. be the prescribed form, and proving to the satisfaction of the Board that such person- (i.) Has attained the age of twenty-one years, and is of good fame and character; and (ii.) Holds a surveyor's license from the Secretary for Public Lands granted before the com- mencement of this Act; or (iii.) Has obtained the prescribed certificate of com- petency after the prescribed examination; or (iv.) Is qualified to practise as a surveyor in any eo-operating State, and has otherwise complied with any conditions authorised by this Act; or (v.) .Has passed in any country outside Queensland, not being a co-operating State, an examination recognised by the Board as being equivalent to the prescrihed examination, and has also . passed such further examination or has completed such field service with a surveyor in Queensland, or both of these, as the Board may require; and (vi.) Has made a declaration before a justice of the peace In the form of the Third Schedule to Schedule Ill. this Act: Provided that the Board may dis-pense with such of .the. certificates, examinations, or other conditions for ; " , ~

9344 SURVEYORS. Land Surveyors. 8 Eow. VII. No. 3, registration required by this Act as to them may seem just in favour of any person who has commenced his apprentice- ship or professional education in surveying in Queensland or elsewhere before the commencement of this Act. No fee for registration shall be payable by any person who holds a surveyor's license from the Secretary for Public Lands granted before the commencement of this Act. Board may 8. (1.) The Board may require the attendance of ~ ~ £ e~ ~ : nce 01 any person who applie.s for regist~ ation, and of any other any person. person, 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 purposes the chairman may administer an oath or affirmation. (2.) 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 subprena 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 siWng in chambers in the same manner as in the case of the disobedience or non-observance of a subprena issued by the said Court. Exnmina. 9. (1.) The Board shall from time to time hold tions. examinations of persons desirous of qualifying themselves to be registered as surveyors, and shall give certificates of competency in surveying to persons who have passed all the examinations and fulfilled all the conditions prescribed. (2.) No person shall be admitted to the final qualify- ing examination, unless he has attained the age of twenty years and has fulfilled aU the conditions prescribed. Exa~inati? n (3.) The Board, instead of requiring any person to b & y ~ unIVersIty. pass an • examinati • on in RU the prescribed subjects, may accept III substitutlOn for the whole or any part thereof a certificate of examination in any subject or subjects granted by any university established within the Commonwealth or by any public educational institution now or hereafter to be established in Queensland. Such certificate of examination shall have the like force and effect as if such examination had been held by the Board. Reciprocity. 10. The Board may enter into a reciprocal a range- ment with the Surveyors Board or other competent authority of any State or Colony within His Majesty's

SURVEYORS. 1908. Land Surveyors. Dominions for the recognition of the status of any person authorised lIy such Board or other authority to practise as a surveyor in such State or Oolony, and the registration of such person as a surveyor under this Act. Any such arrangement may contain a condition that any such person applying to be registered under this Act shall furnish additional satisfactory evidence of character and competency. 11. (1.) The Board shall cause a register to be kept Bmd shall which shall contain the names, addresses, and qualifications ::;Fst:r. of all surveyors and the respective dates on which they were registered. (2.) The register shall at all times be open to inspection by any person on payment of the prescribed fee. (3.) As soon as may be after registration, the Board shall cause particulars as aforesaid of the registration of every surveyor to be published in the Gazette. 12. A copy of the register shall, in the month of c0I!Y of J anuary I . II eacl 1 year, be publ· IS hed by t he Boadr · In the p re u g b I l s i t s e h r etdo. be Gazette. A copy of the register, purporting to be certified as a true copy, shall in all proceedings whatsoever be prima facie evidence that the persons therein named are sur- veyors, and possess the quaiifications therein mentioned. 13. (1.) The Board shall from time to time erase any Cer~ in b entry in the register which is proved to their satisfaction :~ : ~~ d~ to e to have been fraudulently or incorrectly made. (2.) Every surveyor on changing bis place of address shall forthwith give notice of the fact by post to the ~ ecretary. . Every district registrar of deaths in Queensland on registering the death of any surveyor shall forthwith give notice thereof by post to the secretary. (3.) 'rhe secretary shall from time to time erase the names of all surveyors who have died, and shall make such alterations and amendments in the register as the Board may from time to time direct, for the purpose of making the same an accurate record of the names, addresses, and qualifications of the surveyors for the time being. (4.) Any name erased from the register under this section may be restored by the Board. 14. (1.) Subject to this Act, a registered surveyor Powers of shall be entitled to practise as a surveyor and to make surveyor. authorised surveys.

9346 SURVEYORS. Land SUrv6!10rs. S EDw. VII. No. 3, sSuurrvveeyyosrsb. y (2.) After the expiration of six months from the commencement of this Act, no person who is not registered under this Act, or who is under suspension from practice- as a surveyor, shall practise asa surveyor, or make or attempt to make any authorised survey. Any person who practises as a surveyor, or makes or attempts to make any authorised survey, cONtrary to this section shall be liable to a penalty not exceeding fifty pounds. Surveyor may enter upon 15. In making any authorised survey • or f • or any lands to purpose relating thereto, a surveyor, with hIS assIstants, survey. may open any fence and may enter upon any land. This section shall not, however, exempt any surveyor from liability for any damage he may commit; but the employer of such surveyor shall be liable at the suit of the surveyor to reimburse him if the act occasioning such damage was necessary for the due making of the survey. Any person obstructing a surveyor or his assistants in the exercise of the powers hereby conferred sball be ,liable to a penalty not exceeding ten pounds, which shall be considered to accrue from day to day,· while such obstruction lasts. . Surveyors to 16. Every surveyor. who makes an error in any ~ ~ ~ ~ ~ : re~~ rs authorised survey shall, at the request of the Surveyor- expense. General, the Registrar of Titles, or other authority, correct such error at his own expense; or shall be liable to pay the cost of such correction, if such error has been corrected by an inspecting surveyor, instructed by the Surveyor- General, Registrar of Titles, or other authority: Provided that, in all cases where a mining lease has. been issued in respect of a mining tenement and any error is subsequently discovered in connection with the survey of such tenement, the lessee shall be entitled to the whole of the land as originally surveyed notwithstanding such error, unless by reason of such error an encroachment may have been caused upon any other mining tenement held under a mining lease, and in that case the lessee of the tenement which was first surveyed shall be entitled to the portion of land in question. Surveyor not 17. It shall be unlawful for any surveyor, directly or itnotebreested in indirectly, to acquire any interest in any Crown land open Crown land for occupation under any Act relating to mining orto the swuhrvicehysh. e alienation, leasing, and occupation of Crown lands, if he has been or is concerned in the survey thereof.

SURVEYORS. 9347 1908. Land Surve.l/ors. 18. Upon a charge duly made and after inquiry, if Power of I 't' IS shown Wl "th respect t 0 any surveyor t.hat- dBeoaalrwd ittoh (a) He has certified to the accuracy of any autho- offences. rised survey, knowing the same to be inaccurate, or has negligently certified as aforesaid, with- out having taken reasonable precautions to verify the accuracy thereof; or (b) He wilfully or by culpable negligence has made, or caused to be made under his imme- diate supervision, any authorised survey which is so inaccurate or defective as to be unreli- able; or (0) His certificate of competency has been obtained by fraud; or (d) After registration, he has been convicted of any misdemeanour or crime; or (e) He" has been guilty of a contravention or attempted contravention of the last preceding section of this Act; (/) He has been guilty of such improper conduct as in the opinion of the Board renders him unfit to practise as a surveyor; or (g) His certificate, license, or registration in any other State of the· Commonwealth or New Zealand has been suspended or cancelled in such State; the Board may- (i.) Erase the name of such surveyor from the register; 01' (ii.) Suspend such surveyor from practice as a sur- veyor for any period not exceeding three years, and the details of such suspension shall be entered in the register; or (iii.) Caution such surveyor and order him to pay the cost of any correction of an error. The Board may reinstate a surveyor whose name has been erased from the register, or who has been suspended from practice. The erasure of a surveyor's name from the register, his suspension from practice, or his reinstatement shall be notified in the Gazette. . 19. (1.) Every charge against a surveyor under the Chn:rge las~ . prec~ ding section shall be submitted to the Board. i!l :!~~;~: to bE> WrItmg, sIgned by the person making the charge; and, If It ma.d? in appears to the Board that the charge is one into which an w1'ltmg.

9348 SURVEYOnS. Land Surveyors. 8 EDW. VII. No. 3, inquiry should be held, the Board shall fix a time and place for that purpose. Notice of (2.) At least thirty days prior to the date fixed for inquiry. such inquiry, notice in writing shall be sent by the secretary to the last-known postal address of the surveyor so charged, informing him of the time and place fixed for the inquiry, and supplying him with a copy of all charges made. Sur.veyor (3.) At such inquiry, the surveyor charged shall be h~~ ~ ! e~ to be entitled to be heard in his defence; and he may be repre- defence. sented by counsel and solicitor. Appeal. 20. (1.) Any person dissatisfied with any decision of the Board upon any question other than a question of law may address a memorial to the Governor in Council stating the grounds of his complaint; and the Governor in Council may, after due inquiry, make such order in the . matter as to him seems just; and any such order shall be final and without appeal, and shall be observed by the Board and every person concerned. (2.) An appeal shall lie from every decision of the Board to the Supreme Court on any question of law. The appElllant shall serve notice of appeal, stating the grounds thereof, upon the Board not later than thirty days after the pronouncing of the decision, and at least thirty days before the date of the appeal. . Apprentices 21. Every surveyor who has an apprentice or pupil t p o er b m e itted to shall permit such apprentice or pupil a reasonable time for conform to the purpose of attending any lectures or gaining any By-laws. practice which may be prescribed as part of the course of study of persons desirous of being registered as surveyors. The provisions of this section shall be deemed to be included in all contracts or' articles of apprenticeship or pupilage, and any failure or refusal to conform therewith shall be a breach of such contract or articles. :Board llllIy 22. (1.) The Board may, by the secretary or any 1!ue. person thereunto authorised in writing under the· hand of the President, in the name of the Board, institute, carry on, prosecute, and defend any action, complaint, or proceeding whatsoever. Recovery of (2.) All penalties for offences against this Act, and penalties, &0. all fees payable, may be recovered by the Board by com- plaint before any two justices of the peace. All penalties and feesrecovel'ed by the Board under this Act, shall be paid to the Board.

SURVEYORS. 9349 1908. Land Surveyors. 23. (1.) The funds of the Board shall be applied by Application of them towards the payment of all expenses necessarily funds. incurred in carrying this Act into execution, and in doing and performing any acts and things which the Board are by this Act empowered or required to do or perform. (2.) The Board may payout of their funds any sum due under an agreemcnt lawfully made for the purposes of this Act, and any sum recovered against the Board by . n .. rocess of law. 24. (1.) The Board, with the approval of the Governor Board may in Oouncil, may • , fro • m time to time, make By-laws for all mB y a ' kleaws. or any of the followmg purposes, namely:- (i.) Regulating the meetings and proceedings of the Meetings, &0. Board and the conduct of the business thereof; the election of a member to perform the duties of the President and act as Deputy President during the illness or absence of the President; (ii.) Prescribing the duties of the secretary and other Officers. officers of the Board; (iii.) Regulating the manner of keeping the Register. register; (iv.) Prescribing forms to be used for the purposes Forms. of this Act; (v.) Determining the evidence to be produced and Applications conditions to be fulfilled by any person applying ; ~; istration. for registration under this Act; (vi.) Prescribing the course of study, professional Course of practice, conditions of service, and training study, &c. and examination of persons desirous of obtain- ing certificates of competency entitling them ,to be registered as surveyors; (vii.) Regulating the granting of certificates of com- Certificates. petency; (viii.) Prescribing what certificates of examinations Certificateo will be recognised by the Board as a substitute ~ ~ ~ : - pting for the examinations of the Board; examination. (ix.) Prescribing what certificates, diplomas, member- Rec?gnised S h Ip · S, d egrees, } ! ' Censes, 1 et t el's t es t u ' non . Ia 1 , or certIficates. other titles, status, or documents, will be recognised by the Boardas qualifying persons holding them or any of them to be registered as surveyors, whether imntediately or after further examination or field service, or both;

SURVEYORS. Land Surveyors. 8 Enw. VII. No. 3, Fees. Apprentice- ship. Complaints. (x.) Prescribing a scale of fees to be charged and paid in respect of any application, examination, registration, certificate, inspection, or other proceeding, act, or thing provided or required under this Act; prescribing the fees payable to examiners; and to members of the Board for 'attendance at meetings; (xi.) Requiring and regulating the registration in the office of the secretary of all contracts and articles of apprenticeship or pupilage under whi~ h apprentices or pupils in surveying are servmg; (xii.) Regulating the conduct of proceedings in connection with charges against surveyors; Information and guidance. Generally. (xiii.) For the direction and guidance of surveyors in carrying out the provisions of the Acts relating to Crown Lands, Mining, and Real Property; (xiv.) Generally for carrying into effect the objects of this Act. (2.) A By-law may impose a penalty for any breach. thereof, and may also impose different penalties in case of successive breaches; but no such penalty shall exceed twenty pounds. (3.) All such By-laws upon being so approved shall be published in the Ga.zette, and shall thereupon have the force of law, and shall he judicially noticed. (4.) Any such By-law may be rescinded at any time by the Governor in Council by notification in the Gazette. Evidence. 25. (1.) ffhe prpduction of a copy of the Gazette purporting to contain any notification required to be· published therein relating to any appointment, register, registration, erasure, suspension, reinstatement, By-laws,. or .any other matter under or for the purposes of this Act shall be received in all Courts as prima facie eviden.ce of the facts therein published. . (2.) Every Court shall take judicial notice of the signature of the President of the Board. (3.) In any proceeding by or on behalf of the Board, it shall not be necessary to prove the appointment of the members, President, or secretary.

1908. SVRVEYORS. Land Surveyors. 9351 FIRST SOHEDULE. Section 2. _ _N_um_b_e_r_Of_A._c_t·_I _ _ _ _ _ _ _Ti_tl_e_Of_A._c_t_._ _ _ _ _ 1 Extent of Repeal. 25 Vie. No. 14 "Real Property Act of 1861" ... I Section 118. 41 Vie. No. 18 "The Real Property Act of 1877 " 61 Vie. No. 25 "The Land Act, 1897" Sections 41,42,43, 44, and 45. Section 56; so far as relates to sur- veyors, section 57; and subsec- tion 7 of section 26 . SEOOND SOHEDULE. Section 5. RULES FOR THE CONDUCT OF THE BUSINESS OF TIlE BOARD. 1. The President shall be the executive officer of the Board. Executive officer. 2. Every appointment and every order, notice, certificate, or other ~ uthentica­ document of the Board relating to the execution of this Act shall be tlOn of sufficiently authenticated if signed by the President ur any two members documents. of the Board. 3. No business shall be transacted at any meeting of the Board Meetings: unle3s at least three of the members are present when such business is Quorum. transacted. 4. The President shall preside at all meetings at which he is present. Chairman. In the absence of the President, the members present shall elect from their number a chairman for the day. The President, or in his absence the chairman for the day, shall have a vote, and, when there is an equal division of votes upon any question, shall have a second or casting vote. 5. All powers vested in the Board may be exercised by the majority Voting. of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting. At all meetings, save as herein otherwise provided, all members present shall vote. If a member refuses to vote, his vote shall be counted for the negative. 6. The members present at a meeting may, from time to time, Adjournment. adjourn the meeting. If a quorum is not present within half an hour after the time appointed for it meeting, the members present, or anyone member, if only one is present, or the secretary if no member is present, may adjourn such meeting to any time not later than seven days from the date of such adjournment: Provided that nothing herein contained shall be construed to prevent the adjournment of any meetiug to a later hour of the same day on which such meeting was appointed to be held. 7. All notices of any -meeting shall be in writing, and shall be Notices. delivered or sent by post or othrrwise to the address of each of the members previous to the meeting.

9352 SURVEYORS. Land Surveyors; 8 EDw. VII. No. 3,1908. Proceeding validated. Vacancieii. 8. If any member refuses or neglects to act or to attend any duly convened meeting of the Board, all lawful acts and proceedings of the Board shall be as valid and effectual as if they had been done or authorised by the full Board. 9. No proceedings of the Board shall be invalidated by reason of any defect in any appointment, or by reason of there being any vacancy in the number of members at the time of such proceedings, provided that the number of members is not reduced below three. Section 7. THIRD SCHEDULE. I, A.B., do hereby solemnly and sincerely declare that I will, to the best of my ability, and without partiality, favour, or affection, correctly survey and delineate the boundaries of any lands I may be instructed to survey. A.B. Declared the day of , ~ 9 ,before me, J.K., Justice of the Peace. TECHNICAL INSTRUCTION. See EDUCA.TION. WAGES BOARDS. See F A.CTORIES AND SHOPS.