Surveyors Act Amendment Act 1980 (Qld)

327 llrvlSl.Ilt^ ANNO VICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 23 of 1980 An Act to amend the Surveyors Act 1977-1978 in certain particulars [ASSENTED TO 12TH MAY. 1980]

328 Surveyors Act Amendment Act 1980, No. 23 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- . 1. Short title and citation . (1) This Act may be cited as the Surveyors Act Amendment Act 1980. (2) In this Act the Surveyors Act1977-1978 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Surveyors Act1977-1980. 2. Commencement . This Act shall come into operation on a date to be fixed by Proclamation. 3. Amendment of long title . The Principal Act is amended by omitting from the long title the words "of The Surveyor- General and Director of Mapping and Surveying and of persons for registration as surveyors or associate surveyors " and substituting the words 11 and appointment of The Surveyor- General and Deputy Surveyors - General and the qualifications of persons for registration as surveyors , surveying graduates or surveying associates ". 4. Amendment of s. 5 . Section 5 of the Principal Act is amended by- (a) omitting the definition " associate surveyor "; (b) in the definition " cadastraI survey " inserting after the word " required " the words " or authorized "; (c) inserting after the definition " co-operating state " the following definition:- " " investigator " means a person who has been authorized pursuant to section 58 to carry out an investigation or any part, thereof on behalf of the Board;"; (d) omitting the definition " register " and substituting the following definition:- " " register " means the register of surveyors, the register of surveying graduates or the register of surveying associates, as the case may be, kept under this Act;"; (e) inserting after the definition " survey mark " the following definitions:- " " surveying associate " means a person registered as a surveying associate under this Act; " surveying graduate " means a person registered as a surveying graduate under this Act;". (f) in the definition " Surveyor-General " omitting the words " The Surveyor-General and Director of Mapping and Surveying " and substituting the words " the Surveyor-General ".

Surveyors Act Amendment Act 1980, No. 23 329 5. Amendment of s. 17. Section 17 of the Principal Act is amended by- (a) in paragraph (b), omitting the words " or as associate surveyors " and substituting the words ", as surveying graduates or as surveying associates "; (b) in paragraph (c), omitting the words " or associate surveyors " and substituting the words ", surveying graduates or surveying associates "; (c) in paragraph (f), omitting the words " and associate surveyors " and substituting the words ", surveying graduates and surveying associates ". 6. Amendment of s. 19. Section 19 of the Principal Act is amended in subsection (3) by omitting the words " and Office of the Surveyor-General ". 7. Amendment of s. 20. Section 20 of the Principal Act is amended in subsection (2), in paragraph (a), by omitting the words " and Office of the Surveyor-General ". 8. Amendment of s. 33. Section 33 of the Principal Act is amended by omitting from subsection (1) the words " or associate surveyors and substituting the words " surveying graduates or surveying associates ". 9. Amendment of s. 38. Section 38 of the Principal Act is amended by- (a) in the note occurring in and at the beginning thereof omitting the words " associate surveyors " and substituting the words " surveying graduates "; (b) omitting the words " associate surveyor " and substituting the words " surveying graduate ". 10. New s. 38A. The Principal Act is amended by inserting after section 38 the following section:- " 38A. Qualification of surveying associates . A person is qualified to be registered as a surveying associate- (a) if he. satisfies the Board that he is of good fame and character and is a fit and proper person to be so registered; (b) if he has completed a course of study acceptable to the Board and is the holder of a diploma, certificate or other qualification conferred after due examination by a prescribed educational institution; and (c) if he has gained over a period of four years practical experience in surveying sufficient to satisfy the Board of his capacity to maintain a high level of performance in the technical aspect of the practice of surveying.". 11. Amendment of s. 39. (1) Section 39 of the Principal Act is amended in subsection (1) by- (a) omitting the word " and " occurring at the end of paragraph (a); (b) omitting paragraph (b) and substituting the following paragraphs:- " (b) a register of surveying graduates; and

330 Surveyors Act Amendment Act 1980, No. 23 " (c) a register of surveying associates.". (2) Upon the commencement of this Act- (a) the register of associate surveyors kept pursuant to the Principal Act immediately before that commencement shall be continued in existence and kept as the register of surveying graduates pursuant to the Principal Act as amended by subsection (1); (b) a person who immediately before that commencement is registered under the Principal Act as an associate surveyor shall be and be deemed to be registered as a surveying graduate pursuant to the Principal Act as amended by subsection (1); (c) a reference in any Act, Proclamation, Order in Council, regulation, rule, by-law, approval, order, authority or any document or instrument or writing whatsoever before that commencement to an associate surveyor shall be read and construed as a reference to a surveying graduate and shall operate and have effect accordingly. 12. Amendment of s. 41. Section 41 of the Principal Act is amended in subsection (1) by inserting after the word " and " the words " for as long as a person so registered continues to be qualified to be so registered, his registration ". 13. Amendment of s. 46 . Section 46 of the Principal Act is amended by- (a) in the note occurring in and at the beginning of the section omitting the word " surveyors " and substituting the words " registered persons "; (b) in subsection (1)- (i) omitting the words " as surveyors "; (ii) omitting the words " or a licensed surveyor " and substituting the words ", licensed surveyor, surveying graduate or surveying associate"; (iii) omitting the words " such surveyor " and substituting the words the registered person "; (c) in subsection (2) omitting the words " of surveyors ". 14. Amendment of s. 47. Section 47 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting paragraph (a) and substituting the following paragraphs:- (a) a person who is registered as a surveying graduate and uses the name or title " surveying graduate " only; (al) a person who is registered as a surveying associate and uses the name or title " surveying associate " only;"; (ii) in paragraph (b) inserting after the words " ship surveyor " the following expression and words:- II (ix) insurance surveyor ".

Surveyors Act Amendment Act 1980, No. 23 331 (b) omitting subsection (3) and substituting the following subsection:- (3) Notwithstanding the provisions of this section, a person shall not use the words " registered " or " licensed " in association with the word " surveyor " unless he is registered or, as the case may be, licensed under the provisions of this Act.". 15. Amendment of s. 58. Section 58 of the Principal Act is amended by omitting from the second paragraph of subsection (1) the words " A person who carries out any part of an investigation on behalf of the Board" and substituting the words " The Board may authorize, in writing, any person to carry out an investigation or any part thereof on behalf of the Board. An investigator ". 16. New ss. 58A, 58B, 58C. The Principal Act is amended by inserting after section 58 as amended the following sections:- " 58A. Investigators . (1) An investigator carrying out an investigation or any part thereof on behalf of the Board- (a) may make such investigation and enquiry as is necessary; (b) may- (i) after giving the occupier as much prior notice as is, in the circumstances, practicable; or (ii) with the permission of the occupier, at any reasonable hour enter any land for the purpose of carrying out the investigation or any part thereof. (2) An investigator shall not enter a part of any premises which part is used exclusively as a dwelling-house unless he has the permission of the occupier of that part to his entry. In this subsection, premises that are used as a dwelling-house do not include the curtilage of those premises. 58B. Further powers etc. of investigators in certain cases. In respect of a matter under investigation pursuant to section 58, the Governor in Council, upon the recommendation of the Minister, may by Order in Council declare that an investigator named therein shall have and may exercise the powers, authorities, rights, privileges, protection and jurisdiction of a Commission of Inquiry under The Commissions of Inquiry Acts 1950 to 1954 whereupon the investigator shall have and may exercise those powers, authorities, rights, privileges, protection and jurisdiction save such as are by those Acts reserved to a chairman of a Commission when that chairman is a Judge of the Supreme Court in addition to the powers, authorities, rights, privileges, protection and jurisdiction conferred upon him by this Act. 58C. Protection of investigators . Liability at law shall not attach to any investigator on account of anything done in good faith and without negligence for the purposes of any investigation under this Act on behalf of the Board or purporting to be for those purposes.".

332 Surveyors Act Amendment Act 1980, No. 23 17. Amendment of s. 70. Section 70 of the Principal Act is amended by- (a) in the note occurring in and at the beginning of the section omitting the words " associate surveyors " and substituting the words " surveying graduates 11; (b) omitting the words " associate surveyor " and substituting the words " surveying graduate ". 18. Amendment of s. 74. Section 74 of the Principal Act is amended by, in paragraph (a), omitting the words " or, as the case may be, associate surveyor " and substituting the words ", surveying graduate or, as the case may be, surveying associate ". 19. New s. 76A. The Principal Act is amended by inserting after section 76 the following section:- " 76A. Authority for licensed surveyor to act for another in certain circumstances . (1) Where- (a) a map or plan of survey of land has been lodged with the Registrar of Titles, registrar of dealings or any other registering authority; (b) that map or plan has been prepared or certified to be accurate by a licensed surveyor (which surveyor is in this section referred to as " the original surveyor "); (c) the Registrar of Titles, registrar of dealings or other registering authority has issued, whether before or after the commencement of the Surveyors Act Amendment Act 1980, a requisition or requirement that any thing be done by the original surveyor; and (d) the Board is satisfied that such requisition or requirement has not been complied with by the original surveyor by reason of his death or continued absence or prolonged illness or by reason that he cannot be found or is no longer a licensed surveyor, and is unlikely to be complied with within a reasonable time having regard to all the circumstances of the case, the Board may certify in writing to that effect. (2) (a) Upon the issue of a certificate by the Board pursuant to subsection (1), a licensed surveyor, other than the original surveyor may do all or any of the things that are necessary or expedient to comply with the requisition or requirement referred to in subsection (1) (c). (b) A licensed, surveyor who amends a map or plan pursuant to paragraph (a) shall certify on the map or plan that the amendment has been carried out pursuant to this section. (3) Notwithstanding any other Act, law or practice, upon production of a certificate issued by the Board pursuant to subsection (1), the Registrar of Titles, registrar of dealings or other registering authority shall accept any thing done by a licensed surveyor pursuant to subsection (2) as if it were done by the original surveyor.

Surveyors Act Amendment Act 1980, No. 23 333 (4) Nothing in this section shall be construed so as to prevent- (a) an original surveyor authorizing another licensed surveyor to do all or any of the things; or (b) the Registrar of Titles, registrar of dealings or other registering authority accepting any thing done by a licensed surveyor who has taken over the practice of the original surveyor, that is or are necessary or expedient to comply with a requisition or requirement referred to in subsection (1) (c).". 20. Amendment of s. 77. Section 77 of the Principal Act is amended in subsection (1) by- (a) in paragraph (d) omitting the words " or an associate surveyor " and substituting the words ", surveying graduate or surveying associate "; (b) in paragraph (k) omitting the words " associate surveyors " and substituting the words " surveying graduates ". 21. New ss. 79, 80. The Principal Act is amended by inserting after section 78 the following sections:- " 79. Surveyor - General and Deputy Surveyor - General. (1) (a) The Governor in Council may from time to time appoint a fit and proper person to be the Surveyor-General who shall hold that office subject to and in accordance with the Public Service Act1922-1979. (b) The person who immediately prior to the commencement of this section was the Surveyor-General shall be, without further appointment, the Surveyor-General in all respects as if appointed pursuant to this section. (2) (a) The Governor in Council may from time to time appoint fit and proper persons to be Deputy Surveyors-General. (b) An officer of the Public Service of Queensland may, in addition to the position'he holds therein be appointed a Deputy Surveyor-General under this Act. (c) Each person who immediately prior to the commencement of this section is- (i) Director, Division of Surveys; (ii) Director, Division of Mapping; or (iii) Director, Division of Technical and Administrative Services, Department of Mapping and Surveying shall also be, for the purposes of this section and without further appointment a Deputy Surveyor-General in all respects as if appointed pursuant to this section. 80. Delegation by Surveyor-General. (1) With the approval of the Governor in Council, the Surveyor-General may, either generally or otherwise as provided by the instrument of delegation, by instrument in writing under his hand, delegate to one or more than one Deputy Surveyor-General all or any of his powers, functions, authorities and duties under any Act or law as may be specified in the instrument (other than this power of delegation).

334 Surveyors Act Amendment Act 1980, No. 23 (2) A power, function, authority.or duty the exercise or performance of which has been delegated under this subsection may, while the delegation remains unrevoked, be exercised or performed in accordance with the terms of the delegation by the delegate to whom the exercise or performance thereof has been delegated. (3) A delegation may be made subject to such conditions or such limitations as to the exercise or performance of any of the powers, functions, authorities or duties delegated or as to time, place or circumstances as may be specified in the instrument of delegation. (4) Where the exercise or performance of a power, function, authority or duty of the Surveyor-General is dependent upon the opinion, belief or state of mind of the Surveyor-General in relation to any matter, that power, function, authority or duty may be exercised or performed by the delegate upon the opinion, belief or state of mind of the delegate in relation to that matter. (5) Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this subsection has the same force and effect as if the act or thing done had been done or suffered by the Surveyor-General. (6) A delegation under this subsection is revocable by the Surveyor- General at his will. (7) A delegation under this section does not prevent the exercise or performance of a power, function, authority or duty by the Surveyor- General. The Surveyor-General may make such and so many delegations under this section and to such number of delegates as he considers necessary or desirable. (9) The provisions of this section are in addition to and not in derogation of the provisions of section 48 of the Public Service Act1922