Third Schedule. Board may require the attendance of certain persons. See Q. 1908, No. 3, s. 8. Examinations. See Q. 1908, No. 3, s. 9. (iv.) Is qualified to practise as a surveyor in any reciprocating State and has otherwise complied with the conditions. of this Act; or (v.) Has passed in any country outside Western Australia, not being a reciprocating State, an examination recognised by the Board as being equivalent to the prescribed examination, and has also passed such further examination or has completed such field service with a licensed surveyor in a reciprocating State, or both of these, as the Board may require; and (vi.) Has made a declaration before a Justice of the Peace in the form of the Third Schedule. 8. (1.) The Board may require the attendance of any person who applies for a license and registration under this Act, and of any other person, and may examine or question any such persons or any witnesses who may attend before the Board, upon oath, affirmation, or otherwise, and for any such purposes the chairman may administer an oath or affirmation. (2.) Every summons issued by the Board requiring the attendance of any person or the production of any documents shall have the same effect as a subpoena issued by the Supreme Court in a civil action; and the obedience thereto or non-observance thereof may be enforced and punished by a Judge of the said Court sitting in chambers in the same manner as in the case of the disobedience or non-observance of a subpoena issued by the said Court. 9. (1.) The Board shall from time to time hold examinations of persons desirous of qualifying themselves to be registered as licensed surveyors, and shall give certificates of competency in surveying to persons who have passed all the examinations and fulfilled all the conditions prescribed. (2.) No person shall be admitted to the final qualifying examination, unless he has attained the age of twenty years, and has fulfilled all the conditions prescribed. (3.) The Board, instead of requiring any person to pass an examination in all the prescribed subjects, may accept in substitution for any part thereof a certificate of examination in any subject or subjects granted by any Australasian university or any university recognised by an Australasian university, or by any public educational institution now or hereafter to be established in Western Australia. Such certificate of examination shall have the like force and effect as if such examination had been held by the Board. 10. s. 10. 10. The Board may enter into a reciprocal arrangement with Reciprocity. the Surveyors' Board or other competent authority of any State, Q. 1908, No. 3, Colony, or Dominion within His Majesty's Dominions for the recognition of the status of any person authorised by such Board or other authority to practise as a surveyor in such State, Colony, or Dominion and for the registration of such person as a licensed surveyor under this Act. Any such arrangement may contain a condition that any such person applying to be registered under this Act shall furnish additional evidence of character and competency to the satisfaction of the Board. 11. Every license issued under this Act shall be in the prescribed form and shall be signed by not less than two members of the Board and countersigned by the secretary. 12. (1.) The Board shall cause a register to be kept which shall contain the names, addresses, and qualifications of all licensed surveyors, the respective dates on which they were registered, and such other particulars as may be prescribed. (2.) The register shall be open to inspection by any person on payment of the prescribed fee. Licenses. See W.A. 1895, Register of licensed Surveyors. Copy of register to be published. See Q. 1908, No 13. (1.) The Board shall, in the month of January in each year publish in the Government Gazette a list of the names of all licensed surveyors on the register, and shall within one month of 3.12. the issue, cancellation, or suspension of any license, publish a notice thereof in the Government Gazette. (2.) A copy of any entry in the register, purporting to be certified by the chairman or secretary as a true copy, shall in all proceedings whatsoever be prima facie evidence that the person therein named is a licensed surveyor, and possesses the qualifications therein mentioned, or that his license has been cancelled or suspended. 14. (1.) The Board shall from time to time erase any entry in the register which is proved to their satisfaction to have been fraudulently or incorrectly made. (2.) Every licensed surveyor on changing his place of address shall forthwith give notice of the fact by post to the secretary. (3.) Every district registrar of deaths in Western Australia on registering the death of any licensed surveyor shall forthwith give notice thereof by post to the secretary. (4.) The secretary shall from time to time erase the names of all licensed surveyors who have died, and shall make such alterations and amendments in the register as the Board may from time Certain entries to be erased. See Q. 1908, No. 3, s. 13. to Existing licensed surveyors may apply to be registered. Powers of Surveyor may enter upon lands. Q. 1908, No. 3, s. 15. to time direct, for the purpose of making the same an accurate record of the names, addresses, and qualifications of the licensed surveyors for the time being. (5.) Any name erased from the register under this section may be restored by the Board. 15. (1.) In the month of January, one thousand nine hundred and ten, the secretary shall cause to be sent, by registered letter to the last known address of every person whose name appears on the register of licensed surveyors under the Licensed Surveyors Act, 1895, or any Act thereby repealed, a notice intimating that such person must apply within twelve months to be registered as a licensed surveyor under this Act. (2.) The name of any person failing to so apply may be omitted from the register: Provided that the Board may register any such person after the expiration of the prescribed period on proof to the satisfaction of the Board that the failure of such person to so apply was caused by inadvertence, the absence of such person from the State, or circumstances not under his control. (3.) No fee for registration shall be payable by any applicant under this section. 16. (1.) A surveyor duly licensed and registered under this Act shall be entitled to practise his profession and to make authorised surveys. (2.). For a period of thirteen months after the commencement of this Act any person who is the holder of a license to practise as a surveyor granted under the Licensed Surveyors Act, 1895, or any Act thereby repealed, and who by virtue of such Acts would be entitled to practise as a licensed surveyor, shall be entitled to practise as a licensed surveyor and to make authorised surveys under this Act: Provided that any person so practising shall during the said period be subject to the provisions of this Act. (3.) After the expiration of thirteen months from the commencement of this Act it shall be unlawful for any person to practise as a licensed surveyor, or to make or attempt to make any authorised survey unless he is licensed and registered under this Act. (4.) Any person who practises as a licensed surveyor or makes or attempts to make any authorised survey, contrary to this section, shall be liable to a penalty not exceeding fifty pounds. 17. (1.) In making any authorised survey or for any purpose relating thereto, a licensed surveyor, with his assistants, may open any fence and may enter upon any land. (2.) This section shall not, however, exempt any licensed surveyor from liability for any damage he may commit; but the employer of such licensed surveyor shall be liable at the suit of the licensed surveyor to reimburse him if the act occasioning such damage was necessary for the due making of the survey. (3.) (3.) Any person obstructing a licensed surveyor or his assistants in the exercise of the powers hereby conferred shall be liable to a penalty not exceeding ten pounds, which shall be considered to accrue from day to day while such obstruction lasts. 18. No authorised survey shall be accepted or adopted by any Plan to be Government department or sub-department unless a plan of such approved by Sursurvey has been lodged with and approved by the Surveyor Gen- veyor General. eral or other person appointed by the Governor to approve plans of authorised surveys. rect errors at 19. (1.) The Surveyor General, and any other person appointed Surveyors to corby the Governor to approve plans, may by notice in writing re- their own expense. quest any licensed surveyor to correct at his own expense within See Q. 1908, No. a time specified in such notice any error made by him in any auth- 3, s. 16. orised survey, or any such licensed surveyor shall be liable to pay the cost of such correction if such error has been corrected by a licensed surveyor instructed by the Surveyor General or other person appointed by the Governor as aforesaid. (2.) In the event of any licensed surveyor refusing or omitting within the time specified in the notice to correct any such error or omitting to pay the cost of the correction of any such error when called upon to do so, the Surveyor General or other authority may recover the cost of any such correction in the same manner as penalties are recoverable under this Act. Provided that any request for the correction of a survey shall be made within two years from the date of the lodgment of the plan of such survey with the Surveyor General or other authority. See Q. 1908, No. 20. It shall be unlawful for any licensed surveyor, directly or Surveyor not to indirectly, to acquire any interest in any land open for selection be interested. under any Act relating to the alienation, leasing, and occupation of 3, s. 17. Crown lands, if he has been or is concerned in the survey thereof, unless before acquiring such interest he obtains the permission of the Governor to do so. 21. (1.) Upon a charge duly made and after inquiry, if it is Power of Board shown with respect to any licensed surveyor that— to deal with offences. See W.A. 1895, (a.) He has certified to the accuracy of any authorised survey, No. 14, s. 10. knowing the same to be inaccurate, or has negligently Q. 1908, No. 3, certified as aforesaid, without having taken reasonable 9. 18. precautions to verify the accuracy thereof; or (b.) He wilfully or by culpable negligence has made, or caused to be made under his immediate supervision, any survey which is so inaccurate or defective as to be unreliable; or (c.) Charge against See W.A. 1895, Q. 1908, No. 3, (c.) His certificate of competency or license has been obtained by fraud; or (d.) After registration under this Act, or any repealed Act relating to the licensing of surveyors, he has been convicted of any misdemeanour or crime; or (.) He has been guilty of a contravention or attempted contravention of the last preceding section of this Act; or (f.) He has been guilty of su improper conduct as in the opinion of the Board renders him unfit to practise as a licensed surveyor; or (g.) His certificate, license, or registration in any reciprocating State or in any other country has been suspended or cancelled in such reciprocating State or country, the Board may— (i.) Erase the name of such licensed surveyor from the register; or (ii.) Suspend such licensed surveyor from practice as a surveyor for any period not exceeding three years, and enter the reasons for such suspension in the register; or (iii.) Caution such licensed surveyor, and if the Board thinks fit, order him to pay the cost of any correction of an error, and the whole or any part of the cost of the inquiry. (2.) The Board may reinstate a licensed surveyor whose name has been erased from the register, or who has been suspended from practice. (3.) The erasure of a licensed surveyor's name from the register, his suspension from practice, or his re-instatement, shall be notified in the Government Gazette. 22. (1.) Every charge against a licensed surveyor under the last preceding section shall be submitted to the Board in writing signed by the person making the charge; and, if it appears to the Board that the charge is one into which an inquiry should be held, the Board shall fix a time and place for that purpose. (2.) At least fourteen days prior to the date fixed for such inquiry, notice in writing shall be sent by the secretary to the last known postal address of the licensed surveyor so charged, informing him of the time and place fixed for the inquiry, and supplying him with a copy of all charges made. (3.) At such inquiry the licensed surveyor charged shall be entitled to be heard in his defence. (4.) The finding and decision of the Board on such inquiry shall be given in writing, and shall be signed by at least two members of the Board and shall be countersigned by the secretary, and such writing shall be conclusive evidence of the matters therein contained and of the decision of the Board, which shall be final. 23. |