Licensed Surveyors Act 1896 (SA)

ANNO QUINQUAGESIMO NON0 ET SEXAGESIMO

A.D. 1896.

No. 657.

An Act to regulate the Licensing of Surveyors, and for

other purposes.

[Asseated to, December rgth, 1896.1

E it Enacted by the Governor of the Province of South Aus-

and House of Assembly of the said province, in this present Parlia-	B tralia, with the advice and consent of the Legislative Council
ment assembled, as follows:

1, This Act may be cited for all purposes as "The Licensed Shorttitle*

Surveyors Act, 1896."

2. The Acts mentioned in the First Schedule hereto are, to the Repeal,

extent therein mentioned, hereby repealed: Provided that such repeal shall not affect the validity of any licence granted under the said repealed Acts, or any of them, or the validity of any survey

here to fore made thereunder.

3. In this Act the following terms in inverted commas shall have Interpretation*

the respective meanings hereinsftcr assigned to them :-

" Surveyor-Gcneral. "--The professional head of the Survey De-

partment of South Australia:

L' Institute "-The South Australian Institute of Surveyors, Incor-

porated:

" Board "---The Board of Examiners for Surveyors constituted

under this Act:

657 " Qualification "

2 59' & 60" VICTORIW, No. 657.

The Licensed &rveyors Act.-1896.

" Qualification "--(a) Any licence granted before the coming into

force of this Act, and entitling the holder thereof to practice as a surveyor in South Australia, or ( b ) any actual appoint- ment as a surveyor in the service of the South Australian Government, at the time of the passing of this Act and for t h e years prior thereto:

Certificate "-The certificate of competency in surveying granted

by the Board of Examiners under this Act:

a Register "-The register of surveyors entitled to practice:

Licensed surveyor "--Any person registered in respect of a

qualification under division ( a ) or in respect of a certificate

under this Act.

Constitution and

appointment of 4. The Governor may, subject to the provisions contained in

board.	the following sub-sections, appoint not fewer than four persons, who, with the Surveyor-General for the time being, shall be the
" Board of Examiners for Surveyors " :-

I. All members of the Board, except the Surveyor-General, shall be nominated before appointment as herein pro- vided, that is to say-The Institute may nominate three of its members, or not fewer of its members than shall constitute half of the members of the Board, All other nominations for appointment on the Board, and all nomi- nations necessary by reason of the neglect or omission of the Institute to nominate the number of its members hereinbefore provided, shall be made by the Surveyor- General. All nominations shall be in writing, and nominations made by the Institute shall be lodged with the Chief Secretary during the month of November, and nominations made by the Surveyor-General shall be so lodged during the month of December, respectively, in every year. Nominations of members to fill extraordinary	vacancies on the Board by the removal, death, or resigna-	tion of members, shall be lodged as aforesaid by the
Institute within one month and by the Surveyor-General within two months of the happening of such vacancy:

11. The members of the Board shall retire from office on the thirty-first day of December in every year, but shall be eligible for reappointment, and shall be deemed to hold office until the appointment of their successors:

111. The Governor may, from time to time, remove any member

of the Board from his office on the recommendation of a

majority of the Board:

IV. The Governor may, subject as hereinbefore provided, appoint persons in the place of any members removed from office, dying, resigning, or retiring from office.

5. Three

590 & 60" VICTORIA, No. 657.

The Licensed Surveyors Act.-1 896.

8. Three members of the Board shall be a quorum for the con- ~uorum.

duct of business, provided that the Board may lawfully exercise the powers vested in it by this Act, notwithstanding any vacancy or vacanoies in its membership; and if by reason of vacancies the num- ber of members be less than three, a quorum shall be the actual number of its members.

6. The Board shall perform and exercise the duties and powers Duties and powm d

set out in the following sub-sections :- the bard.

r. The Board shall at its first meeting in every year, and there-

after at its first meeting after the occurrence of any vacancy in the office, appoint one of its members to be secretary of the Board for the year:

11. Examinations shall be held and conducted by the members

of the Board in the months of March ancl September in every year, and at such other times as the Board shall by regulation appoint:

111. The Board may give certificates of competency in surveying,

in the form in the Second Schedule hereto, signed by the secretary and two members of the Board, to any person who at any examination of the Board shall satisfy the examiners in the subjects set for examination, or to any person who shall satisfy the Board that he holds a certificate of competency as a surveyor in any of the Aus- tralasian colonies, entihing him, in the opinion of the Board, to a certificate under this Act: Provided that the Board may refuse a certificate to any applicant if the Board shall find any charge such as is mentioned in sub- section vr. proved against him:

IV. The Board shall cause to be kept a register book, in which

shall be entered the names of all persons holding qualifi-

cations or certificates, with ihe dates of each qualification

after the issue, cancellation, or suspension of any qualifi-	or certificate, and such register shall be revised forthwith
cation or certificate; and notice of every such issue, cancellation, or suspension shall bc published in the Government Gazette within one month from the date thereof, and a true copy of the register shall be published in the Government Gazette during the month of' January in every year:

v. Every qualification or certificate registered under this Act shall entitle the holder thereof to practise as a surveyor for the purpose of The 'Northern Territory Mineral Act, 1888," " The Northern Territory Crown Lands Act,

1890," '' The Real Property Act, 1886," The Crown

Lands Act, 1888," "The Roads Act, 1884," and The Roads Amendment Act, 1892," and the Acts amending or substituted for the same or any of them, and generally for

all

59' & boo VICTORIW, No. 657.

The Licensed Surveyors Act. -1896.

all statutory and other purposes in South Australia: Pro- vided that no such qualification or certificate shall entitle

a surveyor in the service of the Government to make surveys or certify plans, unless such are for purely Govern-

ment purposes; and that any qualification under division (6) of clause 3 shall expire on the holder thereof leaving

such service:

vr. If it shall appear to the Board that any licensed surveyor is charged, or may be reasonably charged, with committing any one or more of the following offences, or with incurring any one or more of the following disqualifications, that is to sap-

a. That he has wilfully certified to the accuracy of any survey

or plan knowing the same to be inaccurate, or without

taking reasonable precautions to verify its accuracy:

b. That any survey made by him or under his immediate direc- tion and supervision is so inaccurate as to be unreliable:

c. That his qualification, certificate of competency, or either, has been obtained by fraud:

d. That after the date of his registration he has been convicted of felony:

e. In the case of a surveyor licensed under this Act in respect of a certificate of competency granted in any of the Australasian colonies that such certificate has been can- celled or suspended, or that his name has been lawfully removed fi:orn the surveyors' register of any of the other Australasian colonies:

The Board shall inquire into the said charge or charges, and if a majority of the Boarcl then present shall find the charge or charges, or any of them, proved, the Board

for a period not exceeding three years, or may cancel the may suspend the qlxalification or certificate of the accused samc absolutely:

VII. The finding and decision of the Board on such inquiry shall

be given in writing under the hands of tlre secretary and one other member of the Board, and such writing shall be conclusive cvidencc of the matters therein contained and of the decision of the Board, subject to appeal as provided

for herein a£ ter in clause 16:

vnr. The Board shall forthwith cause every decision suspending or cancelling a qualification or certificate to be entered in the registw by writing " Cancelled " or " Suspended," and the date of such cancellation, or the date and period of such suspension, as the case may require, opposite the name of the person affected thereby:

IX. Seven

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The Licensed thrveyors Act.-1896.

IX. Seven clear days' notice of the time, place, and subject of

such inquiry shall be delivered or posted to the person accused, who shall in person be entitled to be heard in defence:

X. The Board may from time to time make, alter, and repeal

regulations for the purpose of-

a. Fixing the details of subjects for examinations:

b. Fixing the time and place for examinations:

c. Regulating the mode of conducting examinations and

inquiries and appeals from the finding and decision of

the Board:

d. Regulating the times of meetings of the Board and the

conduct of business thereat:

e, Prescribing the duties of the secretary:

All such regulations shall, if approved, be confirmed by the Governor, and shall be published in the Government

Gazette, and a copy of the Gazette containing such regula-

tions shall be conclusive evidence of the due making thereof.

7, Every person holding a qualification as a surveyor shall, 8urp.eyorstofumieh

within three months from the time this Act shall come into force, ficatiom for partmulam of quali-

furnish to the secretary of the Board for entry in the register his full tion? as per 8ub-

name and the date of his licence, or appointment, as the case mav aeohon W.	of clause 6.
be, and on such entry being made succ berson sh& be deemed to be a licensed surveyor and the holder of a qualification certificate registered under this Act.

8. The fees in the Third Schedule hereto shall be paid in advance Apportionment oi

to the secretary of the Board in respect of the several matters therein fMs.

specified, and such fees shall be applied by him in payment of the

provisions of this Act. The surplus of such fees, after payment of expenses properly incurred by the Board in giving effect to the expenses as aforesaid, shall be paid by the secretary of the Board to the Treasurer for the public use, accompanied by a statement in writing, signed by the secretary of the Board, setting out the total amount of fees received and the amount expended by the Board in accordance with this Act.

9, Before any person shall receive a certificate under this Act he Decla&iofl.

shall make a declaration in the form of the Fourth Schedule hereto before a Justice of the Peace, and shall deliver such declaration to

the secretary of the Board.

10. All surveys of Crown lands included in any pastoral, s ~ ~ e y e d ~ ~ t a i n

mineral, or other lease or claim, shall be made in accordance with ~, " ~ ~ d s ~	how to
data to be supplied by the Surveyor-General, and plans of all mch surveys shall be submitted in duplicate by the surveyor making the

game

8 59' & 60' VICTORIK, NO. 657.

m e to the Surveyor-General, and if found correct shall be certified by the Surveyor-General, and one duplicate shall be deposited in his office and the other returned to the surveyor, and either dupli- cate so certified, or a copy certified by the Surveyor-General for the time being to be a true copy of such certified plan, shall be accepted as correct in all questions relating to the boundaries therein delineated of the land comprised in any such lease or claim: Provided that a certified copy of such plan shall be sent by the Surveyor-General to each lessee interested, such lessees to be allowed time, to be fixed by the Surveyor-General, to appeal against the survey, and to give reasons, if any exist, why such survey should not be adopted.

Itesurvey of linw. 11. In the event of a lessee objecting under the preceding

clause to the adoption of any survey made by a licensed surveyor, and giving sufficient reasons for such objections to the Surveyor- General, the Government shall nominate, at the said lessee's cost, some other licensed surveyor to re-survey such lines, which survey, if verified by the Surveyor General, shall be final.

Off aces. 19. Any permn, not being a surveyor registered under this

Act, who, after the period limited ia this Act for registration, shall-

a. Knowingly and wilfully pretend that he is qualified and

registered as a surveyor:

b. Certify to the accuracy of any survey or plan as a licensed

surveyor:

shall for every such offence be liable to a penalty not exceeding

Twenty Pounds.

Certldoate evidenosof

aomphce with con- 13, Any certificate under this Act shall, except upon proceedings

ditiona.	to cancel the same, be conclusive evidence that all conditions pre-
cedent to the issue of such certificate have been duly fulfilled.

Feee to smeyom. 14, h the absence of any special agreement in writing, any

licensed surveyor shall be entitled to charge from the person em-

ploying him the fees provided for in the Fifth Schedule hereto.

Pmoeiimonrecoverp 15. All penalties under this Act may be recovered in a summary

of p e ~ l t i ~.	way before two or more Justices of the Peace, as provided by Ordinance No, 6 of 1850, or any other Act in force regulating the duties of Justices of the Peace.
Appual.	16, There shall be an appeal, as provided in sub-section wr. of section 6, from every finding and decision of the Board, and from my order or conviction under this Act, or from any order dismissing any information or complaint, to the Local Coi~rt of Adelaide of Full Jurisdiction, and the proceedings on such appeal shall be con- ducted in aaanner provided foP. the conduct of a p p d s to Local

Courts

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The Licensed Suruqors Act.-1 896.

Courts by the said Ordinance No. 6 of 1850, or any Act for the time being in force regulating such appeals, or as may be prescribed by regulation.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

T. F. BUXTON, Governor.

59' & 60" VICTORIE, No. 657.

Tke Licensed 8urveyors Act.-1896.

SCHEDULES REFERRED TO.

THE FIRST SCHEDULE.

.-

,Number of Act. Title of Act. Extent of Repeal.

- --

Licensed Surveyors Act, 1886	The whole.
The Real Property Act, 1886	Section 243.

THE SECOND SCHEDULE.

This is to certify that A. B. has satisfactorily proved his qualifications, and is hereby authorised to practice as a surveyor in South Australia under the provisions of " The Licensed Surveyors Act, 1896."

Dated

A.B., Secretary of the Board of Examiners.

C.D., Chairman of the said Board.

THE THIRD SCHEDULE.

Fees. £ S. d.

Fee on every examination .............................. 2 2 0

Fee for certificate on examination. ....................... 3 3 0

Fee for certificate without examination .................. 2 2 0

THE FOURTH SCHEDULE.

I, A.B., do hereby solemnly and sincerely declare that I will, to the best of mg

ability, and without partiality, favor, or affection, correctly survey and delineate the

boundaries of any lands I may be instructed to survey. A. B.

Declared the day of 189 before me.

C. I)., J.P.

THE FIFTH SCHEDULE.

For the time employed upon any survey, and the plans, calculations and travelling while employed thereon (exclusive of wages of assistants and expenses of party) :-

S S. m.

Not exceeding per diem, ................................. 3 3 0

Ad&ide ; By authority, C. E. BRIWOW, Government Printer, North-terrace.