Surveyors (Registration) Regulations 2003

i Surveyors (Registration) Regulations 2003 S.R. No. 41/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 2 4. Revocation 2 5. Definitions 2 6. Courses of training 2 7. Training agreement 3 8. Application for approval of training agreement 3 9. Limit on number of agreements to which a surveyor may be a party 4 10. Record of training agreement 4 11. Prescribed qualifications 4 12. Advice by surveyor at end of training period 4 13. Examinations 5 14. Application for certain examinations 6 15. Cadastral law assignment 6 16. Application for certificate of competency 6 17. Form of certificate of competency 7 18. Registration 7 19. Endorsement 7 20. Register of Surveyors 7 21. Transitional provision 7 __________________ SCHEDULES 8 SCHEDULE 1—Application for Approval of a Training Agreement 8 SCHEDULE 2—Prescribed Qualifications 9 SCHEDULE 3—Advice by a Registered/Licensed Surveyor of Expiry/Termination of a Training Agreement 10 SCHEDULE 4—Advice by a Registered/*Licensed Surveyor of Training not under Training Agreement 11 SCHEDULE 5—Application for an Exemption from the Cadastral Law Assignment 12 -- 1 of 22 -- Regulation Page ii SCHEDULE 6—Application for Examination in Professional Practice 13 SCHEDULE 7—Application for Examination of Cadastral Law Assignment 14 SCHEDULE 8—Application for the Issue of a Certificate of Competency in Surveying/Cadastral Surveying 15 SCHEDULE 9—Certificate of Competency in Surveying/Cadastral Surveying 16 SCHEDULE 10—Application for Registration/*Cadastral Endorsement 17 SCHEDULE 11—Certificate of Registration 18 SCHEDULE 12—Register of Surveyors 19 ═══════════════ ENDNOTES 20 -- 2 of 22 -- 1 STATUTORY RULES 2003 S.R. No. 41/2003 Surveyors Act 1978 Surveyors (Registration) Regulations 2003 The Governor in Council approves the making of the following Regulations by the Surveyors Board: Dated: 20 May 2003 Responsible Minister: MARY DELAHUNTY Minister for Planning HELEN DOYE Clerk of the Executive Council The Surveyors Board makes the following Regulations: Dated: 21 May 2003 KEITH C. BELL, Chairman MARK O. STANSFIELD, Member DOROTHY F. PRESCOTT, Member BARRIE W. BREMNER, Member IAN K. ROMERIL, Secretary 1. Objective The objective of these Regulations is to set out the procedures for registration and endorsement of registration of surveyors. 2. Authorising provision These Regulations are made under section 33 of the Surveyors Act 1978. -- 3 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 2 3. Commencement These Regulations come into operation on 23 May 2003. 4. Revocation The Surveyors (Registration) Regulations 19921 are revoked. 5. Definitions In these Regulations— "Act" means the Surveyors Act 1978; "prescribed fee" means the relevant fee prescribed under the Act; "training day" means a day of training in surveying or cadastral surveying under a prescribed course of training. 6. Courses of training (1) A person who seeks a certificate of competency in surveying must complete not less than 360 days of training in surveying— (a) under one or more approved training agreements; or (b) otherwise under the supervision of a registered surveyor; or (c) partly under paragraph (a) and partly under paragraph (b). (2) A person who seeks to obtain a certificate of competency in cadastral surveying must complete not less than 360 days of training in surveying— (a) under one or more approved training agreements; or (b) otherwise under the supervision of a licensed surveyor; or r. 3 -- 4 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 3 (c) partly under paragraph (a) and partly under paragraph (b). (3) The training days specified in sub-regulation (2) must include not less than 240 days of direct experience in cadastral surveys. 7. Training agreement A training agreement submitted for the approval of the Board must— (a) be made between a person who seeks a certificate of competency in surveying or a certificate of competency in cadastral surveying and— (i) if the training under the training agreement is to be in surveying, a registered surveyor who has been a registered surveyor for not less than 2 years; or (ii) if the training under the training agreement is to be in cadastral surveying, a licensed surveyor who has been a licensed surveyor for not less than 2 years; and (b) set out the number of training days to be provided under the agreement. 8. Application for approval of training agreement For the purposes of section 9(1) of the Act, an application to the Board for approval of a training agreement is made in the prescribed manner if it is— (a) submitted by or on behalf of the applicant; and (b) in the form of Schedule 1; and (c) accompanied by the training agreement. r. 7 -- 5 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 4 9. Limit on number of agreements to which a surveyor may be a party A registered surveyor or licensed surveyor must not be a party to more than 2 approved training agreements at any one time. 10. Record of training agreement For the purposes of section 9(2) of the Act, the following particulars of a training agreement approved under section 9(1) of the Act are— (a) the name of the applicant; (b) the name of the registered or licensed surveyor; (c) the period of the training agreement; (d) the number of training days proposed under the agreement; (e) the date of commencement of the training agreement; (f) the date of approval of the agreement. 11. Prescribed qualifications For the purposes of section 10(1)(a) of the Act, the prescribed degrees, diplomas and qualifications are set out in Schedule 2. 12. Advice by surveyor at end of training period (1) Within one month after the expiration or termination of an approved training agreement, the registered or licensed surveyor who was a party to the agreement must advise the Board in the form of Schedule 3 setting out— (a) the nature of the training provided under the agreement; and (b) the number of training days spent on that training; and r. 9 -- 6 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 5 (c) details of any variation in the training or training days from those set out in the agreement. (2) If a person has completed a period of training in surveying or cadastral surveying under the supervision of a registered or licensed surveyor otherwise than under a training agreement, the registered or licensed surveyor must, before that person undertakes any examination held by the Board, advise the Board in the form of Schedule 4 setting out— (a) the nature of the training provided; and (b) the number of training days spent on that training. 13. Examinations (1) An applicant for a certificate of competency in surveying must pass an examination held by the Board in professional practice. (2) An applicant for a certificate of competency in cadastral surveying must pass the following examinations held by the Board— (a) a cadastral law assignment; and (b) the examination required under sub- regulation (1) which must include cadastral law and cadastral practice. (3) The Board may exempt an applicant for a certificate of competency in cadastral surveying from undertaking the cadastral law assignment if the Board is satisfied that the applicant's training or qualifications in cadastral surveying included equivalent studies in cadastral law. (4) An application for an exemption under sub- regulation (3) must be in the form of Schedule 5. r. 13 -- 7 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 6 14. Application for certain examinations (1) An application to sit an examination under regulation 13 other than the cadastral law assignment may be made at any time after the applicant has completed the prescribed course of training in surveying or cadastral surveying to the satisfaction of the Board. (2) A person applying to sit for an examination under regulation 13 other than the cadastral law assignment must— (a) apply in writing to the Board in the form of Schedule 6; and (b) pay the prescribed fee for the examination to the Board. 15. Cadastral law assignment (1) A person who seeks to undertake the cadastral law assignment must apply to the Board. (2) An application under sub-regulation (1) may be made at any time after the applicant has commenced a course of training in cadastral surveying in accordance with regulation 6. (3) A cadastral law assignment must be completed within 6 months after the date of the application. (4) Once the cadastral law assignment is completed, the applicant may apply to the Board in the form of Schedule 7 to have the assignment examined. (5) An application under sub-regulation (4) must be accompanied by a copy of the assignment and the prescribed fee for the examination. 16. Application for certificate of competency An application for a certificate of competency in surveying or cadastral surveying must be in the form of Schedule 8. r. 14 -- 8 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 7 17. Form of certificate of competency A certificate of competency in surveying or cadastral surveying must be in the form of Schedule 9. 18. Registration (1) An application for registration must be in the form of Schedule 10. (2) A certificate of registration must be in the form of Part 1 of Schedule 11. 19. Endorsement (1) An application for endorsement of the Register to perform cadastral surveys must be in the form of Schedule 10. (2) An endorsement of a certificate of registration under section 16(5) of the Act must be in the form of Part 2 of Schedule 11. 20. Register of Surveyors (1) The Register of Surveyors must be in the form and contain the particulars set out in Schedule 12. (2) A registered surveyor must notify the Board in writing of any change to any address set out in the Register in respect of the surveyor within 28 days after the change of address occurs. 21. Transitional provision Despite the revocation of the Surveyors (Registration) Regulations 1992, a person who holds a prescribed qualification set out in Schedule 2 of those regulations holds a prescribed qualification for the purposes of section 10(1)(a) of the Act and these Regulations. __________________ r. 17 -- 9 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 8 SCHEDULES SCHEDULE 1 Regulation 8 APPLICATION FOR APPROVAL OF A TRAINING AGREEMENT Name of applicant: Address: Postcode: Telephone: Work: Home: Fax: Details of academic qualification: Year of qualification: (Enclose a certified copy of academic qualification) Name of registered/ licensed surveyor: Registration No.: Address: Postcode: Details of qualification: Year of qualification: Date of commencement of training agreement: Number of training days claimed in the agreement: Date of application to Board for approval: The prescribed fee is enclosed: Signature of applicant: Signature of registered/*licensed surveyor: * delete if inapplicable __________________ Sch. 1 -- 10 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 9 SCHEDULE 2 Regulation 11 PRESCRIBED QUALIFICATIONS University Qualification Queensland University of Technology Bachelor of Surveying University of Southern Queensland Bachelor of Surveying University of New South Wales Bachelor of Engineering (Surveying and Spatial Information Systems) University of Newcastle Bachelor of Surveying University of Melbourne Bachelor of Geomatic Engineering Royal Melbourne Institute of Technology Bachelor of Applied Science (Surveying) University of Tasmania Bachelor of Surveying University of South Australia Bachelor of Geoinformatics and Surveying Curtin University of Technology Bachelor of Surveying University of Otago Bachelor of Surveying __________________ Sch. 2 -- 11 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 10 SCHEDULE 3 Regulation 12(1) ADVICE BY A REGISTERED/LICENSED SURVEYOR OF EXPIRY/TERMINATION OF A TRAINING AGREEMENT Name of registered/licensed surveyor: Registration No.: Address: Postcode: Telephone: Work: Home: Name of person supervised: Address: Postcode: Telephone: Work: Home: Fax: Date of expiry/termination of agreement: Training days claimed: (If the number of approved training days as set out in the agreement has not been achieved at the date of expiry or termination of the agreement insert the number of training days that it is recommended that the Board should recognize.) Details of survey training: Details of variation in training from approved training agreement: Date: Signature of registered/*licensed surveyor in the agreement referred to above. * delete if inapplicable __________________ Sch. 3 -- 12 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 11 SCHEDULE 4 Regulation 12(2) ADVICE BY A REGISTERED/*LICENSED SURVEYOR OF TRAINING NOT UNDER TRAINING AGREEMENT Name of registered/licensed surveyor: Registration No.: Address: Postcode: Telephone: Work: Home: Details of academic qualifications: Name of person supervised: Address: Postcode: Telephone: Work: Home: Fax: Details of academic qualifications: Date of completion of training by registered/licensed surveyor: Training days claimed: Details of survey training: Date: Signature of registered/*licensed surveyor in the course of training referred to above. * delete if inapplicable __________________ Sch. 4 -- 13 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 12 SCHEDULE 5 Regulation 13 APPLICATION FOR AN EXEMPTION FROM THE CADASTRAL LAW ASSIGNMENT Name of applicant: Address: Postcode: Telephone: Work: Home: Fax: Details of academic qualifications: To the Secretary of the Surveyors Board: I seek exemption from the cadastral law assignment on the following grounds: Date: (Signature of Applicant) __________________ Sch. 5 -- 14 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 13 SCHEDULE 6 Regulation 14 APPLICATION FOR EXAMINATION IN PROFESSIONAL PRACTICE Name of applicant: Address: Postcode: Telephone: Work: Home: Fax: Name of most recent supervising registered/licensed surveyor: Registration No.: Address: Postcode: Telephone: Work: Home: Fax: Training program: Training days claimed: Number: Substantiation that required training days have been obtained. Total: To the Secretary of the Surveyors Board: I apply to be examined in the area of professional practice by the Board or the Board's examiners. I enclose the prescribed fee. Date: (Signature of Applicant) __________________ Sch. 6 -- 15 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 14 SCHEDULE 7 Regulation 15 APPLICATION FOR EXAMINATION OF CADASTRAL LAW ASSIGNMENT (Available only to persons who are undertaking or have undertaken a prescribed course of training in cadastral surveying) Name of applicant: Mailing address: Postcode: Telephone: Work: Home: Fax: To the Secretary of the Surveyors Board: I apply for the examination of my cadastral law assignment by the Board or the Board's examiners. I enclose the prescribed fee. Date: (Signature of Applicant) __________________ Sch. 7 -- 16 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 15 SCHEDULE 8 Regulation 16 APPLICATION FOR THE ISSUE OF A CERTIFICATE OF COMPETENCY IN SURVEYING/CADASTRAL SURVEYING Name of applicant: Address: Telephone: Work: Home: Fax: (If a certificate of competency in cadastral surveying is sought: date on which cadastral law assignment passed or exemption gained:) To the Secretary of the Surveyors Board: I apply for the issue of a certificate of competency in surveying/*cadastral surveying. I enclose the prescribed fee. Date: (Signature of Applicant) * delete if inapplicable __________________ Sch. 8 -- 17 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 16 SCHEDULE 9 Regulation 17 VICTORIA CERTIFICATE OF COMPETENCY IN SURVEYING/CADASTRAL SURVEYING The Surveyors Board of Victoria certifies that (name of applicant) has met the requirements of the Board and is deemed competent in surveying/*cadastral surveying. Signed this day of on behalf of the Board. Chairman/*Deputy Chairman Secretary Certificate Number: * delete if inapplicable __________________ Sch. 9 -- 18 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 17 SCHEDULE 10 Regulations 18(1) and 19(1) APPLICATION FOR REGISTRATION/*CADASTRAL ENDORSEMENT Certificate of Competency No. Details of current registration, licence or authority to practise in a reciprocating country: Name of applicant: Address: Postcode: Telephone: Work: Home: Fax: To the Secretary of the Surveyors Board: I, being the holder of a certificate of competency or being registered, licensed or authorised to practise in a reciprocating country that is recognised by the Board hereby seek to be entered in the Register of Surveyors as a registered surveyor and enclose two recent character references in support of my application. (If an endorsement to perform cadastral surveys is not required or if a certificate of competency in cadastral surveying or its equivalent is not held delete the following paragraph:) I further seek endorsement on my certificate of registration of the right to perform cadastral surveys and the recording of that endorsement in the Register of Surveyors. Date: (Signature of Applicant) * delete if inapplicable __________________ Sch. 10 -- 19 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 18 SCHEDULE 11 Regulations 18(2) and 19(2) PART 1 VICTORIA CERTIFICATE OF REGISTRATION The Surveyors Board acting under the authority of the Surveyors Act 1978 hereby certifies that is registered as a SURVEYOR under the provisions of that Act Given under the hand of Board representatives in Melbourne this day of Chairman/Deputy Chairman Certificate of Registration Number: Board Members Secretary PART 2 CADASTRAL ENDORSEMENT (where appropriate) The Surveyors Board on (date) authorised the above surveyor to perform Cadastral Surveys Chairman/Deputy Chairman Board Members Secretary __________________ Sch. 11 -- 20 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 19 SCHEDULE 12 Regulation 20 REGISTER OF SURVEYORS Registration Qualifications Number Date Full Name Address For Registration For Endorsement Endorse- ment Remarks ═══════════════ Sch. 12 -- 21 of 22 -- S.R. No. 41/2003 Surveyors (Registration) Regulations 2003 20 ENDNOTES 1 Reg. 4: S.R. No. 99/1992. Endnotes -- 22 of 22 --