Surveyors Act Amendment Act 1987 (Qld)

1088 ANN O TRICESIMO SEXTO EL,IZA ET AE SECUNDAE REGINAE An Act to amend the Surveyors Act 1977® 1983 in ce rta in p art icul ar s a ndl to terminate the appli ca tion in and for u nslui ', of an Act of the Le g isl atur e of New So uth Wales [ASSENTED TO 1ST DECEMBER, 1987]

Surveyors Act Amendment Act 1987, No. 86 1089 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 1987. (2) In this Act the SurveyorsAct 1977- 1983 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Surveyors Act 1977-1987. 2. Amendment of s. 8. Members of Bo ar d. Section 8 of the Principal Act is amended by omitting provision ( a) and substituting the following provision:- "(a) the President of the Board who shall be either- (i) the Surveyor - General who shall be a member ex officio; or (ii) any licensed surveyor at any time nominated by the Surveyor-General to be a member of and President of the Board;". 3. Amend m ent of s. 10 . Appoin tm ent of members . Section 10 of the Principal Act is amended in subsection (1) by inserting after the words "ex officio" the words "(but including his nominee under section 8 (a) (ii))". 4. Amendment of s. 11. Term of appoin tm ent of members . Section 11 of the Principal Act is amended in subsection (1) by inserting after the words "ex officio" the words "and his nominee under section 8 (a) (ii)". 5. A m endment of s. 12. M inister to request nominations . Section 12 of the Principal Act is amended in subsection ( 1) by inserting after the words "ex officio" the words " and his nominee under section 8 (a) (ii)" . 6. Amendment of s. 14. Vacating member's office. Section 14 of the Principal Act is amended by inserting after the words "ex officio" where thrice occurring the words "and his nominee under section 8 (a) (ii)". 7. A m endment of s. 15. Casual va ca ncy in m e m ber ' s offi ce. Section 15 of the Principal Act is amended by inserting after the words "ex officio" the words " and his nominee under section 8 (a) (ii)" Am endment of s. 25. Pre ;;_ or his no m in ee to pr es ide. Section 25 of the Principal Act is amended by- (a) omitting the words "person who is Surveyor- General" and substituting the word " President";

1090 Surveyors Act Amendment Act 1987, No. 86 (b) omitting the word "Surveyor-General" and substituting the word "President". 9. Amendment of s. 47. Holding out as surveyor unlawful. Section 47 of the Principal Act is amended in subsection (2), in paragraph (b), by inserting after the words "insurance surveyor" the words:- C4. (x) chartered surveyor". 10. New s. 47A. The Principal Act is amended by inserting after section 47 the following section:- "47A. Practice of surveyin g under business name. (1) A person, being an individual, duly registered under this Act as a surveyor shall not carry on or represent himself as carrying on the practice of surveying as- a consulting surveyor; or a licensed surveyor, under a business name that is or should be registered under the BusinessNames Act 1962- 1979 unless- (a) the name has been approved by the Board as an acceptable name under which to carry on the practice of surveying; and (b) if the regulations provide with respect to carrying on the practice of surveying by individuals under a business name, the regulations are complied with. Penalty: $400. (2) The Governor in Council may make regulations not inconsistent with this Act providing with respect to the carrying on of the practice of surveying by individuals under business names that are required, by the Business Names Act 1962-1979 to be registered under that Act.". 11. Amendment of s. 53. Surveyor not to be interested in Crown land which he surveys. Section 53 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section omitting the words "Crown land" and substituting the words "mining tenement"; (b) omitting the words "any Crown land for occupation under any Act relating to mining or to the alienation leasing or occupation thereof' and substituting the words "a mining tenement within the meaning of the Mining Act 1968-1986". 12. Amendment of s. 54. Discipli nary action against registered persons . Section 54 of the Principal Act is amended by- (a) numbering the existing provision as subsection (1);

Surveyors Act Amendment Act 1987, No. 86 1091 (b) adding after that provision the following subsection:- "(2) For the purposes of this Part , disciplinary action in respect of any matter referred to in subsection ( 1) alleged to have occurred when a person was registered , may be taken as prescribed in this Part against that person as if he remained a registered person notwithstanding that the person is no longer a registered person under this Act.". 13. A m endment of s. 68 . Interference wi th s urv ey mar ks. Section 68 of the Principal Act is amended by adding at the end of the section the following subsection:- "(9) In this section , " survey mark " means any mark used for the purposes of a survey whether placed before or after the commencement of this Act and whether in a form prescribed by this Act of not.". 14. New s . 76B. The Principal Act is amended by i n s ert i ng after section 76 A the following section:- "76B. C od e of professional conduct of s ur veyors. (1) The Board may compile or adopt a Code of Professional Conduct of Surveyors as a guide to the stan dar d of professional conduct expected of surveyors and from time to time may revoke the code and compile or adopt a fresh code or vary the code by way of addition , omission or substitution of provisions . All surveyors shall comply with the code. (2) The Board may publish the code and any variation or revocation thereof i n the Gazette by notification. A copy of the Gazette con tain in g a notification of the code or any variation or revocation thereof shall, upon its production in any proceeding , be evidence of the compilation or adoption of the code or , as the ca se may be, of the m aki ng of the variation or revocation and of the matter contained therein. (3) Nothing in this section prevents any matter not dealt with in the code compiled or adopted under this sec tion from being treated for the p urp oses of thi s Act as a matter in respect of which disciplinary action may be tak en a gai nst a surveyor.". 15. Act te rmina ted . The application in and for Queensland of The Survey Marks Act of 1852 (16 Vic. No. 15 ), Act of the Legi slature of New South Wales is terminated.