The Licensed Surveyors Act 1886 (SA)

ANNO QUADRAGESIMO NON0 ET QUINQUAGESIMO

A.D. 1886.

No. 388.

An Act to regulate the Licensing of Surveyors.

[A ssmz ted to, Novenz 6er I 7th, r 886 .l

HEREAS it is desirable to amend the law relating to Licensed

W Surveyors-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the

Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1. This Act may be cited for all purposes as " The Licensed Short title.

Surveyors Act, 1886."

2. " The Licensed Surveyors Act, 1839," being Act No. 13 of Repeal.

1859, is hereby repealed: Provided that such repeal shall not affect

any licence granted under the said repealed Act, or the validity of

any survey heretofore made thereunder.

3, The Commissioner of Crown Lands and Immigration for the Commissioner of

time being may grant licences, in the form in the First Schedule ~ p ', " ~ l i ~ ~ ~. m ' y inafter mentioned, which certificate shall be in one of the forms in the Second Schedule hereto.

hereto, to such persons, not being under the age of twenty-one years,

as he shall consider fit and proper to be licensed as surveyors, and

4, The Governor may appoint the Surveyor-General and four Governor may np-

other persons to be a Board of Examiners under this Act, who Examiners.	pint Board of
shall be called The Board of Examiners for Surveyors "; and the
Governor from time to time may remove any member of such

A-388. Board

49" & 50" VICTORIE, No. 388.

The Licensed Survyors Act.-1 886.

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Board from office? and may appoint persons to be members of such Board in lieu of any members thereof dying, resigning, retiring, or being removed from office. Three of the members of the Board shall be members of the South Australian Institute of Surveyors, Incorporated, and shall from time to time be nominated by such Institute as members of the Board prior to being appointed by the Governor. The members so nominated shall retire from officc on the thirty-first day of December in every gear, but shall be eligible for re-appointment on being again nominatcd as aforesaid.

Quorum.

5, At any meeting of the Board three members shall form a quorum. The members of the Board for the time being may act notwithstanding any vacancy in their body, and should they at any time be less than three the quorum for a meeting shall be the num- ber ~f members then in office.

Examination.

6, Before granting a certificate to any person, in the Form A in

the Second Schedule hereto, the Board shall examine such person

Testimonials.

as to his qualifications as a surveyor, and may require testimonials respecting his character, and the Board may refuse a certificate to any person if they shall deem him not properly qualified, or if they shall not be satisfied as to his character.

Examinations, when

to be held.

7, The Board shall hold an examination twice a year, in the months of March and September rcspecti~ely, and also at any times that they may fix by rcgulation, and shall give at least one montli's notice in the Government Gazette of every examination.

Examination fees.

8, Every person applying to be examined shall pay to the Board, previous to his examination, a fee of Five Pounds Five Shillings, and shonld he fail to pass his examination to the satisfactiou of the Board, he shall, previous to any future examination, pay to the Board a fee of Two Pounds Two Shillings for each such examination.

Certificate may be 9, The Board may, if they shall think fit, without exan~ination,

granted to licensed

surveyor from any	and on payment to the Board of n fee of Five Pounds Five Shillings,
part of the world.	grant a certificate iu Form B in the Second Schedule hereto, to any person who shall satisfy them that he is lcgally licensed as a sur- veyor in any part of thc world, and shall produce testimonials respecting his character satisfactory to the Board. 'l'he said Com-
Licencea may be	missioner may, at the request of the said Board, revoke the licence
revoked.
of any surveyor who shall, upon due inquiry made by the Board in
such manner as may be provided by regulation, be found to be gnilty of any act of misconduct in connection with any survey, and after hearing such surveyor in his own defence.
Apportionment of

fees, 10, A l l fees payable under this Act shall be paid to the Trea-

surer for the public service of the province.

11. Before any person shall receive a licence under this Act, he

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

the said Commissioner. 12. Every

496 & 50' VICTORIW, No. 388.

The Licensed Surveyors Act.-1 886.

12. Every surveyor licensed under this Act shall be deemed a ~; g, " ~ 1 8 ~ ~ ~ a y

licensed surveyor for the purposes of The Northern Territory practise under other

Lrowil Lands Consolidation Act, 1882," and may also practice as a surveyor under, and shall be deemed a licensed surveyor for the vurposes of, the "Real Property Act of 1861," and the ccReal

property Act Amendment Act of 1878," and any Act amending

or 'epealing, or substituted for the same, or either uf them.

13, Any person hcretoforc licensed as a surveyor by the surveyor beretofore licensed under Real

Surveyor-General under section 102 of the cc Real Property Act of proprty to b.

l86 1 ," or section F 1 of the Real Property Act Amendment Act deemed licensed under this Act.

of 1878," shall for all purposes be deemed to be a surveyor licensed

under this Act.

14. All surveys by surveyors, whether licensed under this Act, Sum-~e~sof certain

or under " The Licensed Surveyors Act 1859," of Crown Lands be made.	Crown Lands, how to
included in any pastoral, mineral, or other lease or claim, shall be made in accordance with data to be supplied by the Surveyor- General, ant1 plans of all such surveys shall be submitted in dupli-
cate by the surveyor making the same to the Surveyor-General, and
if found correct shall be certified by him, and one duplicate shall be cleposited in his office, and the other duplicate returned to the surveyor, and either duplicate so certified, or a copy certified by the Surveyor-General for the timc being to be a true copy of any such certified plan, shall bc adopted 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 cliagram 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 reason, if any exist, why such survey should not be adopted.

15. In the event of a lessee objecting under the preceding Re-e~mey of lines-

clause to the adoption of any survey made by a licensed surveyor,

and giving sufficient reason for such objection to the Surveyor- General, the Government shall nominate at said lessee's cost some	other licensed surveyor to re-survey such lines, which survey if
wrificd by the Surveyor-General shall be final.

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

regulations for fixing &e times for examinations additional to those to be held in the months of March and September, as hereinbefore provided, and for regulating the mode in which examinations under this Act shall be conducted and for cancelling licences. All such regulations shall be published in the Government Gazette, and a copy of the Guczette containing such regulations shall be conclusive evidence of the due making thereof.

17. Any licence under this Act shall, except upon proceedings ~ ~ n c e eridence of

to revoke the same, be conclusive evidecce that all conditions ditions.	fulfilment of con-
precedent to the issue of such licence have been duly fulfilled.

18. In

49' & 5 6 VICTORIE, No. 388.

The Licensed Surveyors Act.- 1 886.

Fees to surveyore. 18, In the absence of any special agreement, any licensed sur-

veyor shall be entitled to charge fiom the party employing him, the

fees provided for in the Fourth Schedule hercto.

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

this Bill.

WILLIAM C. F. ROBINSON, Governor.

49° & 5oV VICTORIW, No. 388.

The Licensed Surveyors Act.-1 8 P 6.

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SCHEDULES.

THE FIRST SCHEDULE.

This is to certify that A. H., having satisfactorily proved his qualifications, is hereby licensed as a surveyor for the province of South Australia, under the pro- &ions of " The Licensed Surveyors Act, 1886."

Dated this day of 1886.

Commissioner of Crown Lands and Immigration,

THE SECOND SCHEDULE.

A.

This is to certify that A. B. has satisfactorily proved his qualifications as a sur-

veyor under " The TAcensed Surveyors Act, 1886.

Dated this day of 1856.

C. D. Three members of the

E. F.] Board of Examiners

G. H. for Surveyors.

B.

This is to certify that A. B. has satisfied the Board of Examiners for Surveyors

that he is legally licensed as a surveyor in the colony of

Dated this day of 1886.

C. D. Three members

E. P. of thc aaid

G. H. ) Board.

THE THIRD SCHEDULE.

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

ability, and without ~artiality, favor, or affection, correctly survey and delineate the

boundaries of any lands I may be instructed to survey.

A. B.

Declared the day of 18 , before me

C. D., J.P.

THE FOURTH SCHEDULE, f: S. d.

For the time employed upon any survey, and the plans, calculations, and

travelling in connection therewith [exclusive of wages of assistants

and expenses of ~arty], not exceeding per diem.. .. . .. .. .. .. .. . 3 3 0

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Adelaide : By authority, E. SPILLEX, Government Printer, North-terrace.