Surveyors (Registration) Regulations 1992

Regulation Page

1. Title

These Regulations may be cited as the Surveyors (Registration) Regulations 1992.

2. Commencement

These Regulations come into operation on 1 July 1992.

3. Objective

The objective of these Regulations is to set out the procedures for registration and endorsement of registration of surveyors.

4. Authorising provision

These Regulations are made under section 33 of the Surveyors Act 1978.

5. Revocation

The Surveyors (Registration) Regulations 1980[1] are revoked.

6. Definitions

In these Regulations--

"Act" means the Surveyors Act 1978;

"training day" means a day of training in surveying or cadastral surveying under a prescribed course of training;

"prescribed fee" means the relevant fee prescribed under the Act.

7. Courses of training

(1) A person who wishes to obtain 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 wishes 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

(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.

8. Training agreement

A training agreement submitted for the approval of the Board must--

(a) be made between a person who wishes to obtain 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.

9. Application for approval of training agreement

An application to the Board for approval of a training agreement must--

(a) be submitted by the trainee; and

(b) be made in the form of Schedule 1; and

(c) be accompanied by the training agreement.

10. 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.

11. Record of training agreement

The particulars of a training agreement to be recorded under section 9(2) of the Act are--

(a) the name of the trainee;

(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.

12. Prescribed qualifications

For the purposes of section 10(1)(a) of the Act, the prescribed degrees, diplomas and qualifications are those set out in Schedule 2.

13. 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

(c) details of any variation in the training or training days from those set out in the agreement.

(2) If a trainee 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 surveyor must, before the trainee 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.

14. 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) An application under sub-regulation (1) or (2)(b) 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.

(4) 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.

(5) An application for an exemption under sub-regulation (4) must be in the form of Schedule 5.

15. Application for certain examinations

A person wishing to sit for an examination under regulation 14 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.

16. Cadastral law assignment

(1) A person who wishes to undertake the cadastral law assignment must apply to the Board to do so.

(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 7. (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.

17. 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.

18. Form of certificate of competency

A certificate of competency in surveying or cadastral surveying must be in the form of Schedule 9.

19. 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.

20. 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.

21. 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.

Penalty: 1 penalty unit.

22. Transitional

(1) In this Regulation--

"old regulations" means the Surveyors (Registration) Regulations 1980.

(2) Despite the revocation of the old regulations, regulations 10 to 20 and Schedule 5 of the old regulations continue to apply in relation to--

(a) a person who had entered into the required approved training agreements in surveying under the old regulations before the commencement of these Regulations but had not been issued with a certificate of competency in surveying before that commencement; and

(b) a person who had entered into the required approved training agreements in cadastral surveying under the old regulations before the commencement of these Regulations but had not been issued with a certificate of competency in cadastral surveying before that commencement.

(3) Regulations 14 to 16 of these Regulations do not apply to a person to whom sub-regulation (2) applies.

Name of trainee surveyor:

Mailing address:

Postcode

Telephone Work: Home:

Details of academic qualification:

Year of qualification:

(Enclose a certified copy of academic qualification)

Name of training surveyor:

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 trainee surveyor:

Signature of training surveyor:

Name of surveyor:

Address:

Postcode

Telephone: Work: Home:

Name of trainee surveyor:

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 training surveyor in the agreement referred to above

Name of surveyor:

Address:

Postcode:

Telephone: Work Home

Details of academic qualifications:

Name of trainee surveyor:

Address:

Postcode

Telephone: Work Home: Fax

Details of academic qualifications:

Date of completion of training by surveyor:

Training days claimed:

Details of survey training:

Date / /

Signature of training surveyor in the course of training referred to above.

Name of trainee surveyor:

Address:

Postcode:

Telephone: Work Home: Fax

Details of academic qualifications:

To the Secretary of the Surveyors Board:

I wish to seek exemption from the cadastral law assignment on the following grounds:

Date / /

(Signature of Applicant)

Name of trainee surveyor:

Address:

Postcode:

Telephone: Work Home: Fax

Name of last training surveyor:

Address:

Postcode

Telephone: Work Home Fax

Training program Training days

Number claimed

Substantiation that required training days have been obtained.

Total

To the Secretary of the Surveyors Board:

I wish to 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)

Name of trainee surveyor:

Mailing address:

Postcode:

Telephone: Work Home Fax

To the Secretary of the Surveyors Board:

I wish to 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)

Name of applicant surveyor:

Address:

Telephone: Work Home Fax

Date on which cadastral law assignment passed or exemption gained

(Where a certificate of competency in cadastral surveying is sought)

To the Secretary of the Surveyors Board:

I wish to apply for the issue of a certificate of competency in surveying/cadastral surveying. I enclose the prescribed fee.

Date / /

(Signature of applicant)

The Surveyors Board of Victoria certifies that 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

(Delete as appropriate)

Secretary

Certificate Number:

Certificate of Competency No.

Details of current registration, licence or authority to practise in a reciprocating country:

Name of applicant surveyor:

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)

this day of

Chairman/Deputy Chairman

Certificate of Registration

Number:

Board Members

Secretary

Chairman/Deputy Chairman

Board Members

Secretary

1. General Information

The Surveyors (Registration) Regulations 1992, S.R. No. 99/1992 were made on 2 June 1992 by the Surveyors Board with the approval of the Governor in Council on 26 May 1992 under section 33 of the Surveyors Act 1978, No. 9180/1978 and came into operation 1 July 1992: reg 2.

The Surveyors (Registration) Regulations 1992 will sunset 10 years after the day of making on 2 June 2002 (see section 5 of the Subordinate Legislation Act 1994).

Table of Amendments There are no amendments made to the Surveyors (Registration) Regulations 1992 by statutory rules, subordinate instruments and Acts.

Explanatory Details

Reg. 5: S.R. No. 446/1980.