Surveyors Act 1970 (ACT)

SURVEYORS

No. 7 of 1970

An Ordinance to amend the Surveyors Ordinance 1967.

1.—(1.) This Ordinance may be cited as the Surveyors Ordinance

1970.*

(2.) The Surveyors Ordinance 1967f is in this Ordinance referred

to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this Ordinance, may

be cited as the Surveyors Ordinance 1967-1970.

2.  Section 25 of the Principal Ordinance is amended—

(a)	by omitting from paragraph (c) the words " or the Regula­ tions made under this Ordinance ";
(b)	by omitting paragraphs (h), (i) and (j) of sub-section (1.) and inserting in their stead the following paragraphs:—

" (h) who certifies to the accuracy of a survey knowing

it to be inaccurate;

" (i) who wilfully or by culpable negligence or through incompetence makes, or causes to be made under his supervision, a survey that is so inaccurate or defective as to be unreliable;

" (j) who contravenes, or fails to comply with, a direction

given under this Ordinance by the Board; or
" (k) who ceases to hold the qualifications by reference to

which he was registered.";

and

(c) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

t Ordinance N o . 34, 1967.

" (2.) The Board may, instead of ordering the removal of the name of a person from the Register on a ground set forth in paragraph (c), (d), (g), (h), (i) or (j) of the last preceding sub-section, reprimand him or suspend his registration for such period, not exceeding three years, as the Board thinks fit.".

3. After section 34 of the Principal Ordinance the following section

is inserted:—

"34A .—(1. ) The Board may give directions with respect to the practice to be followed by surveyors in making land surveys and preparing plans showing the results of such surveys.

• Made on 27 February 1970; notified in the Commonwealth Gazette and commenced on 5 March 1970

" (2.) Directions given under the last preceding sub-section shall—

(a) be published in the Gazette; and

(b) take effect on the date on which they are so published or, if another date, being a date after the first-mentioned date, is specified in the direction, on the date so specified.".

4.  Section 44 of the Principal Ordinance is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-section:—

" (1.) A person who attends for the purpose of giving evidence before the Board is entitled to receive such fees and travelling expenses as the Chairman or, if the Chair­ man is absent from the meeting of the Board, the Deputy Chairman thinks fit to allow in accordance with the scale in the Second Schedule to the Public Works Committee Regulations as in force from time to time under the Public Works Committee Act 1969."; and

(b) by omitting from sub-section (2.) the word " allowances " and inserting in its stead the word " expenses ".

5. After section 51 of the Principal Ordinance the following section is inserted:—

" 51A .—(1.) The Surveyor-General may, by notice served upon a registered surveyor, require that surveyor to produce to the Surveyor- General, within the time specified in the notice, the field notes specified in the notice, being field notes made by, or under the supervision of, that surveyor.

" (2.) A registered surveyor shall not, without lawful excuse, fail to comply with a notice under the last preceding sub-section duly served upon him.

Penalty: One hundred dollars.

" (3.) Where field notes are produced to the Surveyor-General by a
registered surveyor upon whom a notice has been served under sub­

section (1.) of this section, the Surveyor-General may retain the field

copies of the field notes.".	notes for so long as is reasonably necessary to enable him to make
6. Section 53 of the Principal Ordinance is amended by omitting paragraphs (a), (b) and (c) and inserting in their stead the following paragraphs:—

" (a) the fees (if any) payable in respect of any application, registration, certificate or other proceeding, act or thing provided for or required under this Ordinance or the regulations; and

"(b) the imposition of penalties, not exceeding a fine of Forty
dollars, for offences against the regulations.".

7. Regulations in force under the Principal Ordinance immediately before the commencement of this Ordinance continue in force as if they had been made under the Principal Ordinance as amended by this Ordinance.