LAND SURVEYOR9
THE LAND SURVEYORS ACT
ARRANGEMENT OF SECTIONS
PART I. Interpretation
1. Short title.
2. Interpretation.
PART 11. Qual~fications for and Control qf trainees
and surveyors
3. Qualification for surveyors.
4. Service prior to preliminary examination or attaining eighteen years.
5. No surveyor to have more than three trainees.
6. Conditions for surveyor taking trainee.
7. Stamping and recording of attachment.
8. Transfer of articles.
9. Transfer to be recorded.
10. Constitution of Land Surveyors Board.
1 1 . Functions of Board.
12. Application by trainee to be examined.
13. Application for certificate.
14. Issue of commission.
1 5. Registers.
16. [Repealed by Act 16 of 2005.1
17. Surveyor's signature on plan.
18. Illcorrect plan.
19. Trainee not to open line alone.
20. Constitution of Land Surveyors Disciplinary Committee.
2 1. Powers of the Committee.
22. Powers of Board on receipt of report.
23. Publication of grant. cancellation or suspension.
24. Legal representation.
[The incluslon of this page la authorized by L.N. 180Al20061
LAND SURVEYORS
25. Appeal.
PART 111. Powers of surveyor andprocedure for survyy
26. Power to enter land.
27. Notice of survey.
28. Fresh notices.
29. Notice of objection.
30. Power of Director of Surveys to arbitrate.
3 1. Power to make traverses.
32. Survey and plans to be in accordance with regulations.
3 3. Plans to be checked.
PART IV. Miscellaneous
34. Unavoidable damage.
35. Fees.
35A. Use of the designated "Commissioned Land Surveyor"
35B. Duty as to secrecy.
35C. Inspection of distance meters, etc.
35D. Accuracy of distance meter, etc.
PART V. Penalties
36. Falsely holding out to be a surveyor, etc.
37. Destroying marks, etc.
3 8. Damaging instruments.
3 9. Obstructing surveyor.
40. Falsifying a m e y .
4 1. Frivolous notices of objection.
42. Recovery of penalties.
PART VI. Regulations
43. Regulations.
[The lncluslon o? thls page b authorhd by L.N. 180A/2006]
LAND SURVEYORS
PART VII. Government Survey
44. Interpretation.
45. Power of government surveyor, etc., to enter upon land for certain
purposes.
46. Compensation for entry.
47. Expenditure to be met from Consolidated Fund.
48. Offences.
SCHEDULES
(The inclusion of this page is authorized by L.N. 180.4120061
LAND SURVEYORS 5
Cap. 211.
THE LAND SURVEYORS ACT LSW
12 of 1957
Acts
[lst August, 1944.1 4 of 1969,
25 of 1979,
16 of 2005.
1. This Act may be cited as the Land Surveyors Act. short title.
PART I. Interpretation
2. In this Act- Interprettl-
tion.
"approved surveyor" means a surveyor who- 1612005
S. 2(a).
(a) has been in full-time practice for a period of not
less than five years from the date of his
commission;
(b) possesses a valid practising certificate;
(c) has a diversified land surveying practice that
includes cadastral, engineering and topographic
surveys; and
(4 is not in the service of the Government (other
than as an authorized officer) or any Local
Authority;
"authorized officer" means an officer in the service of lfz,
Government for the time being authorized by the
Minister by instrument in writing to take trainees; 1612005
S. 2(b).
"the Board" means the Land Surveyors Board constituted
by section 10;
"the certificate" means the certificate referred to in section
13;
"Chief Executive Officeryy means the Chief Executive 1612005
Officer of the National Works Agency; s. 2(~) ,
"the Committee" means the Land Surveyors Disciplinary
Committee constituted by section 20;
[The lncluslon of this page Is authorized by L.N. 180A120061
LAND SURVEYORS
"final examination" means the examination referred to in
section 1 1 ;
"government surveyor" means any officer, whether
permanent or acting, in the Survey Department or the
Lands and Survey branch in the charge of the Chief
Technical Director, possessing such qualification as
would entitle him to become a surveyor;
"land" includes land covered with water;
"Land Surveyors Association" means the Land Surveyors
Association of Jamaica constituted under the Deed of
Settlement of the Land Surveyors Association of
Jamaica dated the 12th day of November, 1928, and
registered at the Record Office (liber new series 340
folio 315) or any body representing land surveyors
which may from time to time have succeeded to the
hnctions of the aforesaid Association;
"local Authority" means the Kingston and St. Andrew
Corporation, or any Parish Council or the Jamaica
Railway Corporation;
"notice" means notice of survey;
"plan" includes a map, plat, or diagram;
"practice" in relation to the science of land surveying
means the execution of cadastral surveys and of
topographical surveys of registered lands;
"preliminary examination" means the examination referred
to in sub-paragraph (i) of paragraph (c) of subsection
( I ) of section 3;
"prescribed" means prescribed by regulations made under
this Act;
"student surveyor" means-
(a) a trainee;
lThe inclusion of this page is authorized by L.N. 180A/20061
LAND SURVEYOKS
(b) a person who holds a diploma in land surveying
from the University of Technology, Jamaica, and
is studying and practising the science of
surveying as an assistant to a surveyor; or
(c) a person who is acting as an assistant to a
surveyor in accordance with a requirement
pursuant to paragraph (i) of the proviso to section
3(1);
"survey technician" means a person who-
(a) holds a certificate in land surveying from the
University of Techn~logy, Jamaica; or
(b) possesses any other educational qualification or
training approved by the Board,
and is practising the science of surveying as an
assistant to a surveyor;
"surveyor" ineans any person commissioned to act as a
surveyor of land under this Act;
"trainee" means a person who- 1612005
S. 2(f).
(a) holds a diploma io land surveying from the
University of Technology, Jamaica; or
(b) possesses any othek qualification approved by
the Board,
and is attached to an approved surveyor or an
authorized officer, for a period determined by the
Board, in order to acquire practical experience;
"traverse" means measurements of angles or bearings, and
distances, between points on the ground.
PART 11. Qualzjkations for (md Control of trainees 1612005
and survejvors s. 3.
[The Inclusion of this page Is nuth rized by L.N. 180.412006~
8
Qualification
for surveyors.
2511979
S. 3(a).
411969
S. 3(a).
1612005
S. 4(a).
2511979
S. 3(b).
1612005
S. 4(b).
2511979
s. 3(c).
2511979
s. 3(c).
411969
S. 3(b) & (c).
1612005
S. 4(d).
411 969
S. 3(d).
2511979
S. 3(d).
LAND SURVEYORS
3.-(1) No person shall receive a commission under this Act
as a land surveyor unless such person is at least eighteen years
of age and produces satisfactory evidence of character and
either-
(a) is a member of the Royal Institute of Chartered
Surveyors having passed the examination in
respect of such qualification in the subdivision
relating to Land Surveying, or its equivalent;
(h) holds a diploma in Land Surveying from the University
of Technology, Jamaica and has studied and practised
the science of surveying as an assistant to a surveyor
for not less than one year in accordance with
specifications laid down by the Board with the
approval of the Minister and has satisfied the Board in
an oral examination and in such other examination (if
any) as may be prescribed that he has gained the
necessary practical experience in surveying;
(c) possesses such other qualifications as may be
approved by the Board; or
(6) (i) has passed such preliminary examination as may
be prescribed and subsequently thereto been bound
by attachment to serve and has served for a term of
four years as a trainee to an authorized officer or to
a surveyor in this Island and throughout such term
has studied and practised the science of surveying;
and
(ii) has, after the expiration of such term of service or
within twelve months prior to such expiration,
passed the final examination:
Provided that-
(i) any person qualified under paragraph (a) or (c) of this
subsection shall not be entitled to practise as a surveyor
until he has passed such examination in local law as
[The inclusion of this page is authorized by L.N. 180A/2006)
may be prescribed and, if so required by the Board, has 16 zoos
carried out cadastral sqrveys as an assistant to a S. 4(e)
surveyor for a minimum period of six months, and has
gained the necessary practical experience;
(ii) any person who, prior tolthe coming into operation of
this Act, has passed either a preliminary or
intermediate examinatioq for any degree or diploma
which would have entitleg such person, subject to any
other conditions, to recdive a commission as a land
surveyor under any Law in force in the Island
immediately prior to the coming into operation of this
Act shall, on such persQn obtaining such degree or
diploma and otherwise cpmplying with the provisions
of this Act, be entitled to receive a commission as a
land surveyor under this Act,
(iii) [Deleted by Act 16 o f 2045.1
(iv) any person who has prac;tised the science of surveying
in the prescribed service for a period of not less than
five years may take the final examination in surveying
or such parts thereof as the Board may direct, and such
person shall, on the passi g of such examination and on t payment of the sum prescribed in section 14, be
entitled to receive a com+ission.
I
(2) Every person who, i mediately prior to the 1st
August, 1944, was commissione 4" to act as a surveyor of land
under any previous Law of the Island shall be deemed to be
commissioned to act as a surveyoq under this Act.
(3) Every person who be ng a public works surveyor 411969
0 was employed in the prescrib 1 d service for a continuous s. 3(Q.
period of not less than fifteen years immediately prior to
the 1st June, 1971, shall be for the purposes of
this Act to be qualified to on payment
of the sum prescribed in
(4) For the purposes of thi$ section-
(The inclusion of this page is authorized by L.N. 180N20061
LAND SURVEYORS
"prescribed service" means service in the Survey Branch of
the Public Works Department or service in the Lands
and Survey Branch in the charge of the Chief
Technical Director or service partly in the one and
partly in the other;
"public works surveyor" means a person-
(a) who practised surveying in the Survey Branch of
the Public Works Department for a period of not
less than three years immediately prior to the 1st
August, 1944; or
(b) who prior to the 1st June, 1971, spent not less
than three years in the prescribed service and
passed the examination for public works
surveyors set by the Board.
Service prior
to preliminary
4. No service as a trainee by any person prior to such person
examination passing the preliminary examination or attaining the age of
wanaining eighteen years shall be of any force or effect under this Act.
eighteen years.
411969
S. 4.
1612005
S. 5(a). (b) &
(c).
Nosurveyorto 5.----(I) Subject to subsection (2), no surveyor shall have
have more
than three more than three trainees at one and the same time.
trainees.
1612005
(2) An authorized officer may have attached to him such
s. 6(a)(b)(c). number of trainees as the Board may approve.
Conditions for 6.-(1) No surveyor shall-
surveyor
taking trainee. (a) take any trainee, unless such surveyor has himself been
1612005
S. 7.
in actual practice as a surveyor for a period of not less
411969 than five years from the date of his commission, and is
s . 6(a). not in the service of Government (other than as an
authorized officer) or any local Authority;
411969 (b) take or retain any trainee after such surveyor has
s . 6(b). retired from the practice, or profession, of a surveyor.
1612005 (2) No service by a trainee in contravention of the
S. 7. provisions of this section shall be of any force or effect under
this Act.
[The Inclusion of thls page is authorized by L.N. 180A120061
LAND SURV/ZYORS 1 1
7. Every attachment of a trainee shall- Stamping
and record-
(a) be impressed with a staqp of a value of five hundred 1ng.f
dollars, which sum shall Ue paid by the trainee; attachment 16 2005
(b) within six months afier its execution, be recorded in
S. 8
the office of the Director f Surveys; and P
(c) be open to inspection by any member of the public at
all reasonable times.
8. In case of the death, imprisonment, insanity, retirement, Transfer of
removal from the Island or canc llation or suspension of the
commission of any approved sudeyor with whom a trainee is s r.
1612005 attached, or on the acceptance of ahy employment (permanent or ,
temporary) in the service of the Government or of any local (c) s( (d).
Authority by such surveyor, or by the mutual consent of such
surveyor and trainee, any other furveyor may, subject to the
approval of the Board pursuant to ection 9, receive a transfer of B the attachment of the trainee, and In such case such trainee may
continue to serve with such other sbrveyor the unexpired term of
his attachment in like manner, an under similar obligations as
with the first surveyor with whom
9. Every transfer of attachmend of a trainee shall as soon as Trmsferto
possible be submitted to the ~ o a r d for approval and if approved be recorded. 41 1969
shall be recorded in the office of the Chairman of the Board s.8.
within one month of the date of the approval. 1612005 S. 10(a), (h).
10.-(1) For the purposes of {his Act, the Land Surveyors Constitution
Board shall consist of- I of Land Surveyors
Board.
(a) the Director of Surveys; ~ 1612005
(2 (b) the Registrar of Titles; 1 S. ll(a). I
I
(c) three practising surveyor , to be appointed by the Land
Surveyors Association oiJamaica;
(6) a life member of the L nd Surveyors Association of
Jamaica, to be appoin 1 ed by the Land Surveyors
I Association of Jamaica; ~
[The Inclusion of this page i s aut/lorized by L.N. 180.4120061
LAAlD SURVEYORS
(e) a representative of the Faculty of the Built Environ-
ment of the University of Technology, Jamaica; and
V) a member of the public appointed by the Minister from
among persons who appear to the Minister to be
qualified as having had experience of and shown
capacity in matters relating to land surveying or such
other matter as the Minister considers appropriate for
appointment under this paragraph, 0
and five members thereof shall form a quorum.
(2) The Director of Surveys shall be the Chairman of the
Board and shall have a casting as well as a deliberative vote.
(3) The Board shall have power to regulate its own
procedure and shall meet whenever necessary for the
1612005 performance of its duties, but not fewer than six times per
s. ll(b). annum.
16/2005
s. 1 l(c). (4) The office of a member becomes vacant where that
member-
(a) dies;
(b) resigns by written notice to the Board; or
(c) is removed by the Board on any of the following
grounds-
(i) his inability to function because of physical or
mental illness;
(ii) his absence from three consecutive meetings
of the Board without the permission of the
Chairman;
(iii) that he is found guilty by the Board of
misconduct in respect of his duties;
0
(iv) that he is convicted of an indictable offence;
(v) that he is declared bankrupt in accordance
with the laws of Jamaica or any other country;
\The inclusion of this page Is authorized by L.N. 180.4120061
LAND SUR ~EYORS 13
(vi) that he is disqualified or suspended from
practising his pqofession in Jamaica or in any
other country bb an order of any competent
authority;
(vii) that he contravqnes any provision of this Act.
11.-(1) The Board shall- Functions o f
Board.
(a) issue a practising certifiiate, in the form set out in the Firs
Schedule First Schedule, to an bpplicant surveyor upon his ,612005
satisfactory application dnd payment of the prescribed s. 12.
annual fee;
I
(b) appoint an examiner o hold a final examination
whenever necessary, b t no more than two such 1
examinations shall be he4d in any year;
(c) ensure the maintenanck of a proper standard of
professional conduct for burveyors; and
I
( 9 appoint, on such terms b d conditions as it thinks fit,
any officer as it may t ink necessary for the proper
carrying out of its kncti 8 ns.
(2) Subject to the s of this Act, the Board shall
be responsible for and control of all
examinations and
12. Any trainee may, after t e expiration of the term of Application
service mentioned in paragraph 19 (i) of subsection (1) of the :ip
section 3, or within twelve mo ths prior to such expiration, examined. i 411969 apply to the Board to be examin d under the provisions of this s, 9,
Act, and the Board may, on bei g furnished in the prescribed 2511979
form and manner with satisfacto evidence that- d S. 4(a). 1612005
s. 1369, (b) (a) the trainee is at least eighteen years of age and is of .(,
good character; and ,
I
(b) the attachment has beeb duly executed and recorded;
and
I
1
[The inclusion of thls page Is a thorized by L.N. 180A/20061
LAND SURVEYORS
(c) the requirements of this Act have been duly complied
with,
make an order directing that such trainee may sit for his final
examination:
Provided that any person referred to in proviso (iii) of
subsection (1) of section 3 may take such final examination
as if he had complied with the provisions of paragraphs (a), (b)
and (c).
Application 13.-(1) Where any trainee passes his final examination he
for certificate.
1612005 may apply to the Board for, and the Board shall issue, a
s. 14. certificate in the prescribed form setting out that such trainee is
qualified to receive a commission as a land surveyor.
(2) If any person claims to be entitled to become a
surveyor by. reason of possessing any of the qualifications
mentioned in subsection (I) of section 3, that person may apply
to the Board for a certificate in the prescribed form setting out
that such person is qualified to receive a commission as a land
surveyor and the Board shall, if satisfied that such person-
(a) possesses such qualifications; and
(b) is at least eighteen years of age; and
(c) is of good character,
issue the certificate.
Issue of 14.-(1) The Commissioner of Inland Revenue shall, upon
commission.
16,200, payment of the prescribed fee by a person qualified to receive a
s. IS. commission, affix on the commission a stamp signifying pay-
ment of the fee.
(2) Upon presentation of the certificate to the Board,
such person shall receive a commission as a land surveyor,
which shall be issued by the Board and signed by the chairman
of the Board and the Minister.
lThe Inclusion of this page 18 authorized by L.N. 180A/2006]
LAND SUR flEYORS 15
15.-(1) There shall be kept in lhe office of the Board, in the negners,
prescribed form- ! 1612005 S. 15.
(a ) a register of all student surveyors and survey
technicians; and I
I
( b ) a register of all surveyors.
(2 ) Each register shall contain such particulars as may be
prescribed and shall be open to indpection by any member of the
public during office hours. I
(3) A copy of each register shall be published annually in
the Gazette by the secretary of the
16. [Repealed by Act 16 of200.$.]
17.-(1) No surveyor shall- ~ surveyor's
signature on
(a ) permit his name to be sidned or subscribed to any plan dm.
by any other person; or ,
(b) sign any plan the result of a survey not actually made
by him or under his pers@l and direct supervision; or isnoor
I S. 17(aKi).
(c) contract or arrange with ny person, other than another 25,1979" a surveyor, student surveypr or a survey technician, for fi;$i5
that person to undertake )he practice of land surveying; s. 17(a)(ii).
or
(d) practise professional lajd surveying without posses- 16I2005
sing a valid practising cepificate. s. 17(a~iii).
(2) If any surveyor contrabenes or fails to comply with
the provisions of this section h shall be liable to have his 612005 f
0 practising certificate withdrawn or his commission cancelled or s. 1 7 ~ . suspended by the Board.
18. If it appears that any sudeyor has issued any incorrect Incorrect
plan, the Land Surveyors Discipli ary Committee may call upon :!E69 P such surveyor to explain, either in person or in writing, the S. 12(a)&
reason for such incorrect plan add thereafter the Board may, if (b).
I
[The inciualon of this page Is au horizcd by L.N. 180A/2006[
16
1612005
S. 18(a) & (b).
Apprentice not
to open line
alone.
411969
S. 13
2511979
s . 8(c).
1612005
S. 19 (b).
1612005
S. 19 (b).
1612005
S. 19 (b).
Constitution
of Land
Surveyors
Disciplinary
Committee.
411969
S. 14(a).
1612005
S. 20(a).
LAND SURWYORS
satisfied that such incorrect plan was occasioned either
intentionally, negligently or carelessly, withdraw his practising
certificate, cancel the commission of the surveyor or suspend
such commission for such time as it .may deem fit, or take any
other action it may consider appropriate.
19.-(1) No student surveyor shall open or run any boundary
line on behalf of any surveyor save in the presence of such c?
surveyor, so, however, that the student surveyor may, aRer such
work has duly begun, continue to carry it out, notwithstanding
the absence of the surveyor, if authorized by him so to do.
(2) No survey technician shall open or run any boundary
line, except the surveying of internal subdivision lines carried
out under the supervision of a surveyor for the preparation of a
subdivision plan, and that surveyor shall be responsible for the
work and conduct of any survey technician in his employ.
(3) No student surveyor or survey technician shall be
permitted to map any land parcel boundaries in the compilation
and maintenance of a cadastral map, except under the
supervision of a surveyor who is responsible for undertaking the
adjudication and demarcation of the boundaries.
(4) The Board may, in relation to a surveyor who
contravenes subsection (I), (2) or (3), suspend the surveyor's
commission for a period not exceeding two years.
(5) The Board may refbse to issue a commission to any
student surveyor who contravenes the provisions of this section.
20.-(1) There shall be constituted a Land Surveyors Disci-
plinary Committee consisting of five practising surveyors who
are holders of valid practising certificates and have not less than
0
five years practice in the profession of land surveying, appointed
by the Minister on the nomination of the Land Surveyors
Association, so, however, that a member of the Board shall not
be eligible for appointment to the Committee.
[The Inclusion of this page is authorized by L.N. 180Al2006)
LAND S ~ J R V ~ Y O R S 17
(2) Every surveyor so appbinted shall hold ofice for 161200s
three years and for such additional! period thereafter as may be S. 20(b).
necessary, until new appointments are made, and shall also be
eligible for reappointment.
(3) Three members shall form a quorum, and the 1612005
Committee shall have power to regulate its own procedure and S. 20(d)
to elect one of its members as chairman.
0 (4) Notwithstanding anythirig to the contrary, where the 411969
occasion arises for the appointment of one or more members of S. 14(c).
the Committee or of a person to ast temporarily in place of any
such member and the Association-
(a) refuses; or
(b) fails within such reasonable time not being less than
three weeks as may be specified by the Minister,
to comply with a request in writing made by the Minister to
nominate a member or member$, as the case may be, the
Minister may, in his discretion, hake any such appointment
from among practising surveyors @nd thereupon the provisions
of this Act shall apply to any person so appointed as if he had
been nominated by the Land Surveyors Association.
(5) If any vacancy occurs; in the membership of the
Committee such vacancy shall be filled by the appointment of
another member who shall hold office for the remainder of the
period for which the previous member was appointed.
(6) The Minister may, on tHe application of the chairman
or any other member of the Comm~ittee, grant to the chairman or
such other member, as the case mab be, leave of absence for any
period.
(7) Where any member of the Committee is granted
leave of absence under subsection (5) of this section or is unable
to act, the Minister may appoint any practising surveyor as a
member of the Committee to act tdmporarily in the place of such
member.
- -
[The inclusion of this page is autdorized by L.N. 180A/20061
LAND SURVEYORS
Powers of the
Committee.
2511979
S. 6(a).
1612005
S. 2 1 (a)(i) &
(ii).
(8) Any member of the Committee, other than the
chairman, may at any time resign his office by instrument in
writing addressed to the Minister and transmitted through the
chairman, and from the date of receipt by the Minister of such
instrument such member shall cease to be a member of the
Committee.
(9) The chairman may at any time resign his office by
instrument in writing addressed to the Minister and such
resignation shall take effect as from the date of receipt by the
Minister of such instrument.
(.lo) The Minister may at any time revoke the
appointment of any member of the Committee if he thinks it
expedient so to do.
21.---(I) The Committee shall enquire into and hear all
charges of professional misconduct, incompetence or negligence
against a surveyor, and all charges against a student surveyor for
breach of any of his articles of attachment (if he is a trainee) or
of conduct which, if such student surveyor were a surveyor,
would amount to professional misconduct, incompetence or
negligence, and may for the purposes of such inquiry summon
the surveyor or student surveyor against whom the charges are
made to appear before it and may hear such witnesses, upon oath
or otherwise, as it may consider necessary.
1612005 (2) The Committee shall-
S. 2 1 (c).
(a) carry out its functions in accordance with the proce-
Second
Schedule.
dures set out in the Second Schedule;
(b) inform the Board in writing of any complaint received
against a surveyor or student surveyor, within thirty
days of receipt of such complaint; and
(c) submit to the Board, every three months, progress
reports on any matter being investigated.
--
[The inclusion of this page is authorized by L.N. 180A/2006]
LAND SURVEYORS 19
(3) The Committee may find a surveyor or student 1612005
surveyor to be incompetent if, in its opinion, the surveyor or S 21(c).
student surveyor is suffering from a physical or mental condition
or disorder of a nature and extent making it desirable, in the
interest of the public, that he should no longer be permitted to
engage in the practice of professional land surveying.
(4) The Committee, if it finds the surveyor or student 2511979
surveyor guilty of the charge, shall report its findings of fact to s;:$k5
the Board and may forward wiqh such report such recom- ~ . 2 1 ( b )
mendations as it may see fit to make.
22.-(1) The Board may, on re~eiving the report referred to Powersof
Board on in subsection (4) of section 21, tagether with such recommen- receipt of
dations, if any, as may be forwarded therewith, take such report.
1612005 action, including the withdrawal of or refusal to issue, for a ,, 22(a,(b),
stated period, a practising certificate, to the surveyor, the 2511979
cancellation or suspension of the burveyor7s commission or the S. 8(b).
refusal to issue a commission to a student surveyor, as it may
consider fit and just.
(2) On proof to the satisfaction of the Board that any
surveyor or student surveyor has been convicted within two
years of any offence against this Act, or of any offence
involving dishonesty or moral turpitude, the Board may take
such action as is provided for in subsection (1).
23. The grant, cancellation or $uspension of any surveyor's Publication
commission shall be published in the Gazette. of grant, cancellation
or suspen-
sion.
24. In any proceedings against a surveyor or a student Legal
represents- surveyor before the Board or the Committee, the surveyor
or student surveyor, by leave af the Board or Committee, 2511979
S. 8(b). as the case may be, may be represanted by an attorney-at-law. 1612005
S. 23.
25. Any surveyor or student surveyor may appeal to the Appeal.
2511979 Court of Appeal from any order of the Board cancelling or s, 8(c).
suspending his commission, withdrawing or refusing to issue 1612005
his practising certificate, or refbsimg to issue his commission, as S. 24.
(The Inclusion of this page Is authorized by L.N. 180A/20061
LAND SURVEYORS
the case may be. Such appeal shall be made within such time
and in such form and shall be heard in such manner as may be
prescribed from time to time by rules of court.
PART 111. Powers of surveyor andprocedure for survey
P O W ~ ~ O enter 26. Subject to the provisions of section 27 any surveyor upon
land.
2511979 production of a Certificate of Identity may, with or without his
s. 8(a). student surveyors, servants and workmen, enter upon any land
16"Oo5 which it is his duty, or which he has been appointed, to survey S. 25(a), (b) &
0
(9. or identify and, so far as may be necessary for such survey, upon
all other lands immediately abutting upon such land for the
purposes of such survey.
Notice of 27.-(1) No surveyor shall enter upon any land for the
survey. purpose of surveying it until the owners or occupiers of all
411969 adjoining lands which may be affected by the survey have been
s. 1 5 ~ . served, in the prescribed manner, not less than ten days prior to
the date of such entry with a notice of survey, in the prescribed
form:
411969 Provided that the parties interested in such survey may, by
S. agreement in writing stating the date and place at which such
agreement is entered into and witnessed by one person, agree to
such survey being carried out notwithstanding the omission of,
or incorrect statement of, or departure from, any particular
requirement in such notice, or notwithstanding the lack of
service of such notice. Any plan made as the result of a survey
held under any such agreement shall set out the fact that the plan
was so made and the date on which such agreement was entered
into.
(2) The service of notice on any person shall not affect,
nor be deemed to be an acknowledgment of, the right of that 0
person or of any other person to any interest in or over any land.
1612005 (3) No surveyor shall execute a survey without first
s. 26. producing his Certificate of Identity to all interested parties
present
[The inclusion of this page i s authorized by L.N. 180N20061
LAND SURVEYORS 2 1
28. Any surveyor who- Fresh
noticzs.
(a) does not commence the survey on the date mentioned
in the notice; or
(b) having commenced such survey, allows a lapse of
ten days without doing any survey work on the
land in respect of which notice was served,
0 shall cause fresh notices to be sewed in accordance with the
provisions of section 27 before entering upon such land for the
purposes of the survey.
29. Where the survey is undertaken by appointment of Noticeof
the owner of any land then every owner of any land upon
whom notice has been served, and any person interested in
and affected by the survey of such land, may cause to be served
upon the surveyor, prior to the completion of the survey, notice
of objection, in the prescribed form, to such survey. Upon
service of such notice of objection the surveyor shall not
proceed with the survey in so far as it afTects the land in respect
of which notice was given until notice of withdrawal, in the
prescribed form, is served upon such surveyor.
30.-41) If notice of withdrawal is not served upon the Powerof
Director of surveyor within ten days of the date of service of notice of SUNe,,sto
objection, the matter may, with the consent of the objector and arbitrate.
of the owner of the land to be surveyed, be referred to the
Director of Surveys for arbitration in a summary manner:
Provided that nothing in this subsection shall be deemed to
prejudice the right of any person to take proceedings before any
P,
court of competent jurisdiction.
L/ (2) The Director of Surveys may, upon such reference
and on hearing such evidence that may be placed before him,
order the objection to be withdrawn, in which event the survey
I may be proceeded with, or he may uphold the objection, and order that the survey, in so far as it affects the objector, shall be
[The lncluslon of this page Is authorized by L.N. 180An006l
Power to make
traverses.
2511979
S. 7(a).
1612005
S. 27(a).
2511979
S. 7(b).
1612005
S. 27(b).
Surveys and
plans to be in
accordance
with
regulations.
16/2005
S. 28.
Plans to be
checked.
4 1969
S. 16(a).
LAND SURVEYORS
discontinued. Every such order shall, unless proceedings are
taken before a court of competent jurisdiction within six months
of the date of such order, be final and conclusive.
31.-(1) Notwithstanding any notice of objection, a surveyor
and a student surveyor or survey technician, working under the
supervision of that surveyor may, aRer due service of notice and
prior to the date of commencement of the survey, enter upon any
land and make traverses, or perform such other works as may be
necessary, for the purpose of gaining information in relation to
the survey:
Provided that such surveyor, student surveyor or survey
technician shall not run or mark any boundary line.
(2) No such traverse or other work shall affect in any
way whatsoever the rights of any person to any interest in or
over such land.
32.-(1) Every survey, and every plan made as a result of
such survey, which is made for the purpose of any conveyance,
deed, or document of transfer, or for the registration of any title,
or by order of any court, shall be made by a surveyor and in
accordance with the regulations made under this Act.
(2) Every cadastral map shall be made by a surveyor
through the compilation of surveys carried out in accordance
with the regulations made hereunder, together with the mapping
of the legal boundaries of unsurveyed land parcels, done in
accordance with guidelines for executing cadastral mapping,
provided by the Director of Surveys.
33.-(1) Every plan, made from a survey, for the purpose of
registration or transfer of any title under the Registration of
Titles Act, shall, prior to such registration or transfer, be
forwarddd to the Director of Surveys for the purpose of being
checked.
(2) A plan, made from a survey, which is attached
to any conveyance, deed, or document of transfer other
lThe lnciuslon of this page is authorized by L.N. 180A120061
LAND SURVEYORS
than one to which subsection (1) applies shall, if any party
to such conveyance, deed, or document of transfer so
requests, be forwarded to the Dir&tor of Surveys for the
purpose of being checked.
(3) On receipt of any such plan the Direcfir of
Surveys shall cause the plan to be checked and-
(a) if that plan is not found to be incorrect the Director of
Surveys shall certify on the plan that such plan has
been checked;
(b) if that plan is found to be incorrect the Director of
Surveys shall not so certify on the plan,
and, in either such case, shall return the plan to the person from
whom it was received :
Provided that where a plan is checked and certified by the 411969
Director of Surveys, the checking and certification of such plan S. 16(b).
shall not relieve a surveyor of his responsibility for the
correctness of such plan.
(4) No conveyance, deed, or document of transfer, to
which is attached any uncertified plan, made aRer the 1st
August, 1944, shall be recorded or registered, and no title based
on any such uncertified plan shall be registered.
(5) For the purposes of a check under this section, any
government surveyor may, upon production of his surveyor's
warrant, enter upon any lands delineated in the plan.
(6) There shall be paid to the Director of Surveys
in respect of such check the prescribed fees.
(7) The Director of Surveys may make a copy of any
such plan.
(8) The Director of Surveys may record without 1612005
checking, any plan of a survey, if so requested by the surveyor S. 29.
or any other person; so, however, that no title based on any such
uncertified plan shall be registered without first being checked.
[The Inclusion of thls page Is authorized by L.N. 180A120061
1612005
S. 29
lhavoidable
damage.
Fees.
Use of the
designation
"Comniis-
sioned L.and
Survey or".
1612005
S. 30.
Duty as to
secrecy.
16,2005
S. 30,
LAND SURVEYORS
(9) Every cadastral map prepared for the purpose of
registration or transfer of title under the Registration of Titles
Act, shall, prior to such registration or transfer, be certified by a
commissioned land surveyor and approved by the Director of
Surveys.
(10) The Director of Surveys may make a copy of any
such map.
PART IV. Miscellaneous
34.-(1) No surveyor shall be personally responsible for any
necessary and unavoidable damage caused as a result of making
any survey.
(2) Any loss occasioned by any such necessary and
unavoidable damage caused by a surveyor employed by the
owner of any land may be recovered from such owner.
35. Every surveyor shall, subject to any special agreement to
the contrary, be entitled to recover such fees as may be
prescribed.
35A.-(I) A corporation whose name includes the title
"Commissioned Land Surveyor" or the initials "CLS" which
ceases to hold a practising certificate shall remove the title
"Commissioned Land Surveyor" or the initials "CLS" from the
name of the corporation.
(2) A corporation referred to in subsection (I) may not
carry on land surveying business in respect of which a
commission is required.
(3) Subsection (1) shall not prevent a corporation from
carrying on an activity necessary for the winding up of the 3 I
corporation.
35B. Every person carrying out an investigation under section
21 shall regard as secret all information that comes to his
knowledge in the course of such investigation and shall not
communicate any such information to any other person except-
(The inclusion of this page is authorized by L.N. 180Al2006(
LAND SIJRVEYOHS 2 5
(a) as may be required in connection with the adminis-
tration of this Act or any regulations made hereunder,
or any proceedings under this Act or the regulations;
( h ) his attorney-at-law; or
(c) with the written consent of the person to whom the
information relates.
35C.-(1) Every surveyor shall maintain in a good state of Inspzct~on
calibration any distance meter to be used by him in the practice z:::z:
of surveying by having the distance meter checked by the 16izoos
Director of Surveys against a standard base. S 30.
(2) Every surveyor shall submit any tape or any other
measuring device for inspection upon the request of the Director
of Surveys at such intervals as the Director may see fit.
(3) On first inspection, the Director of Surveys shall give
to each distance meter, tape or other measuring device an
identification number or record the serial number of each
component part of the distance meter, tape or other measuring
device as the case may be.
(4) Where any distance meter, tape or other measuring
device is submitted pursuant to subsections (1) and (2), the
Director of Surveys shall cause such distance meter, tape or
other measuring device to be checked and where such distance
meter, tape or other measuring device is found to be-
(a) accurate, approve of the return of such distance meter,
tape or other measuring device to the surveyor with a
certificate of accuracy; or
(b) inaccurate, condemn such distance meter, tape or other
measuring device, by notice in writing to the surveyor.
0 (5) Any person who, having been notified under
subsection (4)(h), uses in the practice of surveying, any distance
meter, tape or other measuring device to which the notice relates
commits an offence and shall be liable on conviction to a fine
not exceeding one hundred thousand dollars or to imprisonment
for a term not exceeding nine months.
[The incluslon of this page Is authorized by L.N. 180Al20061
26 LAND SURVEYORS
ACCUW of 35D.-(1) A distance meter, used for the purpose of cadastral
distance
meter, etc. mapping, shall be considered inaccurate if, when compared
16/2005 against any line in the National Calibration Network, that
S. 30. distance meter is plus or minus 0.1 metre from that line.
(2) Any Electronic Distance Measuring equipment,
used for the purpose of cadastral mapping shall be considered
inaccurate, if the distance it has measured for a line in the
National Calibration Network differs by more than plus or
minus 0.1 metre from the listed distance on the Jamaica Datum
0
1969 (JAD 69) or World Geodetic System 1984 (WGS 84),
available in the records of the Surveys and Mapping Division,
National Land Agency.
(3) Any Global Positioning System equipment used for
the purpose of cadastral mapping, shall be considered
inaccurate, if the position it has determined for a point in the
National Calibration Network differs by more than plus or
minus 0.5 metre from the listed position on the Jamaica Datum
1969 (JAD 69), Jamaica Datum 2001 (JAD 2001) or World
Geodetic System 1984 (WGS 84) available in the records of the
Surveys and Mapping Division, National Land Agency.
PART V. Penalties
Falsely 36.-(1) Every person who-
holding out to
be SUNeyOr,
ztr
(a) falsely describes himself to be, or holds himself out as,
a surveyor;
S. 31.
(b) falsely practises land surveying in Jamaica;
(c) assumes, uses or advertises any title or designation
tending to convey the impression that he is a surveyor;
,-
(4 buys, sells, or fraudulently obtains, any practising (J
certificate or commission;
(e) aids or abets the buying, selling or fraudulent obtaining
of any practising certificate or commission; or
V) impersonates any surveyor,
[The inclusion of this page is authorized by L.N. 180A/20061
LAND SURVEYORS 27
commits an offence and shall be liable on conviction to a fine
not exceeding one hundred thousand dollars or to imprisonment
for a term not exceeding six months.
(2) Every person who, not being a member of the Land
Surveyors Association, uses the logo of the association or the
initial "LSAJ" or the words "Land Surveyors Association of
0 Jamaica" as an occupation designation commits an offence and shall be liable on conviction to a fine not exceeding thirty
thousand dollars or to imprisonment for a term not exceeding
sixty days.
(3) Every person who obstmcts a person appointed to
carry out an investigation under section 21 in the course of that
person's duties commits an offence and shall be liable on
conviction to a fine not exceeding fifty thousand dollars or to
imprisonment for a term not exceeding thirty days.
37. Every person who wilfully defaces, destroys, or Destroying
marks. etc. removes-
(a) any line upon earth, land mark, marked tree, pillar, post
or concrete monument, which is recognized as a
boundary mark; or
(b) any control survey mark, 411969 .
S. 17(a).
shall be guilty of an offence against this Act and, on conviction, l m o o s
S. 32 shall be liable to a fine not exceeding fifty thousand dollars or to 411969
imprisonment with hard labour for any term not exceeding three s. 17(b).
411969 months, and in addition thereto such person may be ordered to ,,
pay the cost of replacement of any such boundary mark or
control survey mark and in default of payment of such cost, to
be imprisoned with hard labour for a further term not exceeding
three months.
38. Every person who wilfully damages, destroys, or conceals, Damaging
instruments. any instrument, or any part of the apparatus or equipment of a ,612005
surveyor, government surveyor, student surveyor or survey S. ~ a ) , (b)
(c) (4.
[The inclusion of this page is authorized by L.N. 180A12006]
I1
2 8
411969
S. 18(a).
2511979
S. 8(c).
411969
S. 18(b).
2511969
S. 8(b).
Obstructing
surveyor.
411969
S. 19(a).
2511979
S. 8(c).
411969
S. 19(b).
1612005
S. 34(a) & (b).
Falsifying a
survey.
411969
S. 20(a).
411969
S. 20(b).
1612005
S. 35.
Frivolous
notices of
objection.
411969
S. 2l(a).
411969
S. 21(b).
1612005
S. 36.
LAND SURVEYORS
technician, shall be guilty of an offence against this Act and, on
conviction, shall be liable to a fine not exceeding one hundred
thousand dollars or to imprisonment with hard labour for a term
not exceeding nine months, and in addition thereto such person
may be ordered to pay to such surveyor, student surveyor or
survey technician (as the case may be) the cost of any such
damage or loss, or in default of payment of such cost, to be
imprisoned with hard labour for a hrther term not exceeding six
months.
39. Every person who unlawhlly obstructs any surveyor,
government surveyor, student surveyor or survey technician
while making any traverse or carrying out any survey shall be
guilty of an offence against this Act and, on conviction, shall be
liable to a fine not exceeding fifty thousand dollars or to
imprisonment with hard labour for any term not exceeding three
months.
40. Every person who wilfully and fraudulently makes any
wrong measurement, moves any mark, or does any other act,
with intent to falsify any survey or plan shall be guilty of an
offence against this Act and, on conviction, shall be liable to a
fine not exceeding one hundred thousand dollars or to
imprisonment with hard labour for any term not exceeding six
months.
41. Every person who, under section 29, causes to be served
upon any surveyor any notice of objection which, to the
knowledge of that person, is not founded upon any interest, or a
bona j7de claim to any interest, in any land affected by the
survey, shall be guilty of an offence against this Act and, on
conviction, shall be liable to a fine not exceeding seventy-five
thousand dollars or, in default of payment of such fine, to
imprisonment with hard labour for any term not exceeding three
months.
1The Inclusion of this page is authorized by L.N. 180A/20061
LAND SURVEYORS 2 9
42. Every person guilty of an offence against this Act may be Recovery of
tried in a summary manner before a Resident Magistrate. penalties.
PART VI. Regulations
43. The Board with the approval of the Minister may make Regulations.
regulations generally for giving effect to the provisions of this
Act and, without prejudice to such general power, may make
regulations with respect to the following matters-
(a) the standard of the examinations held by the Board. 16/2005
S. 37(a).
(b) the subjects for, and the mode of conducting, the final
examination or any other examination held by the
Board, the appointment, removal and remuneration of
the examiners, and the fees payable for sitting for such
examination;
(c) the form of any notice, order, certificate or other
document referred to in this Act;
(4 the manner of service of any document required
to be served under this Act;
(e) the form of any register to be kept under this
Act, and the particulars to be inserted therein;
V) the form and requirements of any plan, made from a
survey, which is required to be recorded or registered;
(g) the manner and method of making any survey;
(h) the scale of surveyors' fees;
(i) procedures of the Disciplinary Committee; 1612005
S. 37(b) &
(j) the prescribing of all things required by this Act to be (q.
prescribed.
PART VII. Government
44. In this Part- Interpreta-
tion.
[The inclusion of this page lo authorked by L.N. 180AI20061
LAND SURVEYORS
"boundary mark includes any post, stone, monument, or
object, used as a boundary mark;
"government surveyor" means any officer, whether
permanent or acting, in the Survey Department, or the
411969 Lands and Survey Branch in the charge of the Chief
S. 22.
1612005 Executive Officer and includes all necessary assistants
s. 38(a) 8~ (b). of such officer.
Power of 45.-(1) Subject to the provisions of this section, a
government
surveyor, etc., government surveyor, or any surveyor authorized in that behalf
toenterupon by the Director of Surveys or by the Chief Executive Officer,
land for
certain upon production of a surveyor's warrant, may enter upon any
purposes. land with or without his assistants for the purpose of-
411969
S. 23(a). (a) reconnaissance in relation to his official duties;
1612005
S. 39(a) & (b).
411969
(b) taking measurements or angles from any control
s. 23@). survey mark;
411969 (c) clearing any site for the purpose of the erection thereon
S. 23(c). of any control survey mark, and may erect thereon any
such mark;
411969 ( examining any boundary marks, and field checking any
S. 23(d). surveyor's plan;
(e) making a survey of the boundaries of any parish or
town or any subdivision thereoc
0) making any topographical or geological survey of the
Island, or any part thereof, or any hydrographical
survey.
(2) A government surveyor, or any surveyor authorized
411969
S. 23(e).
in that behalf by the Director of Surveys or the Chief Executive
1612005 Officer shall, before entering upon any land under subsection
s . 3 ~ ) . (I), first serve notice in writing of his intention so to do upon the
owner or occupier of that land, and such notice shall specify the
day or days on which such entry is intended to be made and such
day, or the first of such days, as the case may be, shall not be
sooner than three days after the date of such service:
[The inclusion of this page is authorized by L.N. 180Al20061
LAND SlJRVEYOHS 3 1
Provided that it shall not be necessary to serve such notice in 411969
relation to any entry for any of the purposes specified in S. 23(f).
paragraphs (a), (h) and (4 of subsection (I), so, however, that
such entry is made in a reasonable manner.
(3) Any surveyor may, in a reasonable manner and
at all reasonable hours in the day-time or as otherwise agreed, 1612005
S. 39(c). enter upon any land on which a control survey mark is situated 411969
for the purpose of taking measurements or angles from such s.23(h).
mark.
46. The Director of Surveys or the Chief Executive Officer, Compensd-
as the case may be, shall pay compensation for any damage done E F
to any land in the exercise of any power under section 45, and 411969
where such compensation is not determined in accordance with S$&,5
the provisions of sections 25 to 29 of the Lands Clauses Act, and s. 40.
the costs of any such proceedings shall be in the discretion of the
Resident Magistrate.
47. All expenses incurred by the Director of Surveys or the Expenditure
to be met Chief Executive Officer, as the case may be, under this Part ,om,on-
shall be paid out of the Consolidated Fund. solidated
Fund.
411969
S. 25.
1612005
S. 40.
48. Where any person wilfidly obstructs or hinders in any offences.
way the Director of Surveys or a government surveyor, or a
surveyor authorized in that behalf by the Director of Surveys or
the Chief Executive Officer in the executive of his duty, or in 411969
S. 26(a).
the exercise of any power under this Part, he shall be guilty of an 1612005
0
offence against section 45 and liable on summary conviction s . 4 ~
before a Resident Magistrate to a fine not exceeding fifty
thousand dollars or in default of payment to imprisonment with 1612005
hard labour for any term not exceeding three months. S. 41(b).
[The inclusion of this page Is authorlzml by L.N. 180Al20061
LAND SURVEYORS
Practising Certificate
I hereby certify that:
(Section 11)
(Name and Address) -
whose name is registered in the register of all surveyors at the Office of the
Land Surveyors Board is entitled to practise as a land surveyor in the year
ending 3 1st day of December, 20
Dated this -day 20--.
Chairman
Land Surveyors Board
SECOND SCHEDULE (Section 2 1)
Procedures of the Disciplinary
Committee
1.-(1) The chairman shall preside at meetings of the Committee or: in
his absence, a member having no less than ten years experience in the
practice of land surveying shall assume the chairmanship.
(2) Each member of the Committee shall be entitled to one vote on
a matter arising for determination and in addition to an original vote the
chairman or member who has assumed the chairmanship in accordance
with paragraph (1) at a meeting shall have a casting vote in any case in
which the vote is equal.
(3) A decision carried by a majority of the members of the
Committee shall be a decision of the Committee.
2. No member of the Committee shall be personally liable in any action
or proceeding for or in respect of any act or matter done or permitted to
be done in good faith in the exercise or purported exercise of the powers
or the discharge or purported dscharge of any duty under this Act.
3. For the purposes of the Act, the following conduct is deemed
unprofessional and unbecoming of a surveyor-
[The inclusion of this page is authorized by L.N. 180A120061
(a) acting as a professional agent of a person not qualified to
practise as a surveyor and using or permitting his name to be
used in any such agency:
(h ) doing any act that is calculated to make or makes a person
believe that a person who is not a sun.eyor is entitled. by law.
lo practise land surveying. and charge fees accordingly:
(c) falsely certifving as to the service and practical eqeriencc of
a trainee:
(4 failing or neglecting to-
(i) instruct a trainee in the practice of land surveying;
(ii) supervise the work of a trainee; or
(iii) ensure that a trainee obtains practical experience in
land surveying in the manner prescribed;
(e) failing to answer promptly correspondence received from the
Board or from the Committee; or
V) doing any other act which under this Act is considered to be
unbecoming and unprofessional conduct.
4. Meetings of the Committee shall be held in private.
5. The Committee shall hear all charges made against a surveyor or
student surveyor.
6.-(1) The Committee shall give not less than thirty days notice to a
surveyor or student surveyor against whom a hearing is to be held, and any
person or persons making the complaint against the surveyor -or student
surveyor stating the time and place at which the hearing will be held.
(2) The notice shall be served by registered post, bailiff or any
recognized delivery service and shall contain a copy of the charge and any
other relevant documents that form the subject of the hearing.
7.-(I) A person to whom a notice has been semed in accordance with
paragraph 6(2) may be represented by an attorney-at-law at the hearing and
shall be afforded reasonable opportunity to call or give evidence, to examine
or cross examine witnesses, and to make submissions to the Committee.
I
(2) If a person to whom notice has been served does ndt attend the
hearing, the Committee may hold the hearing in his absence.
8. For the purpose of the hearing, the Committee may-
(a) by summons signed on behalf of the Committee, by a member
of the Committee, require-
(The inclusion of this page Is authorized by L.N. 180A/20061
LAND SURVEYORS
(i) the attendance of any person whom the Committee
thinks fit to appear before it;
(ii) any person to produce any books, papers or other
documents which may assist the Committee in its
investigation;
(b) inspect any books, papers or other documents produced
before it, and retain them for such reasonable period, and
make such copies as it thinks fit;
(c) require any person appearing before the Committee to answer
any relevant questions put to him by any member of the
Committee or by any other person appearing before the
Committee.
9.-(1) Any person who---
(a) having been served with a summons to attend a hearing of the
Committee, neglects or fails to so attend;
(b) having been served with a summons to produce any books,
papers or other documents, neglects or fails to comply with
the summons;
(c) refuses to answer any relevant question put to him by any
member of the Committee or by any other person appearing
before the Committee; or
(d) wilfully insults the Committee or any member thereof or
interrupts the proceedings of the Committee, or in any other
way misconducts himself before the Committee.
commits an offence, and shall be liable on summary conviction to a fine not
exceedmg twenty thousand dollars or to a term of imprisonment not
exceeding one month.
(2) Where the person committing the acts referred to in paragraph (1)
is a surveyor or student surveyor, that person shall be deemed to be guilty of
professional misconduct.
(The lncluslon of this page Is authorized by L.N. 180A12006]
