Landscape Architectural Profession Act [No. 45 of 2000]
REPUBLIC OF SOUTH .AF’RICA
GOVERNMENT GAZETTI
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AF’RIKA
Regislerc[i at the Post O@ce as a Newspaper As ‘tl Nuusblad by die Poskantoor Geregis~
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CAPE TOWN, 1 DECEMBER 2000 ~0[.. 426 No.
KAAPSTAD, 1 DESEMBER 2000
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THE PRESIDENCY
No. 1303. 1 Ck:cember 2000
[t is hereby notified that the Prw,ident has ~~~.wnted to the follt”)wing A c t w h i c h i s hereby publisheci f o r general informNion---
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DIE PRESIDENSIE,
I
i
1820
2 No, 21820 CIO\’ERNNIEN I (-II\ ZETTE. I DECENI13ER 20()(1
Act No. 45.2000 LANDSCAPE AR~Hlll,CT(l R;\l PXOFYSSIOS” /~.(-T. 20[)(1
ACT To provide for the establishment of a juristic person to be known as the South African Council for the Landscape Architectural Profession; to provide for the registration of professionals, candidates and specified categories in the landscape architectural profession; to provide for the regulation of the relationship between the South African Council for the Landscape Architectural Profession and the Council for the Built Environment; and to provide for matters connected therewith.
B E IT ENACTED by the Parliament of the Republic of South Africa mfollows:— Definitions
1. In this Act. unless the context otherwise indicates— (i)
(ii)
(iii) (iv)
(v) (vi)
(vii) (viii)
(ix) (x)
(xi) (xii)
(xiii) (xiv)
(xv)
“accredit” means the process of evaluation and recognition by the council of 5 educational programmed offered by educational institutions relating to the landscape architectural profession, and “accreditation” has a corresponding meaning; “actively practise” means to pmctise on an ongoing basis in one of the categories contemplated in section 18, and includes a person qualified in the 10 landscape architectural profession who is employed by any sphere of government or an educational institution; “candidate’’means a person who is registered in terms of section 19(2)(b); “CBE” means the Council for the Built Environment established in terms of section 2 of the Council for the Built Environment Act, 2000: 15 “committee” means a committee established in terms of section 17; “council” means the South African Council for Landscape Architectural Profession established by section 2; “department” means the national department responsible for public works; “disciplinary tribunal” means a tribunal appointed in terms of section 30; 20 “Minister” means the Minister responsible for public works; ‘ \,, :1>2(1 G()\’1. K.S\f[. YT c:l; +nl-.. i ll[:cF; \fnr:R 2000
Tetrn of o~lce of members of c~)uncil
/-5. ( 1 ) 1 he tel”nl oi off!cc Iol’ 1)-:(tly]twl-f () ~ il”l~ cIJLlllC~l h [Our years. but m e m b e r s conlinuc ill otfice un[ll the succecdlns ,.c,un~.~! is duly coms[ituted.
( ?) Subi{’d[ [0 sec[ion 4?( 1 2). SCAPE .\l K-f{ ?TECT[ ‘1< if. J“ROFESS1OX” ,4(Y 20~)()
Powers of council with regard to fees and charges
12. ( 1 ) The council Imry, vith ie~ard to fees and char: es, which are payable to the co,incil, determine-
((I) tipplication fees; (b) registration fees; ] ()
(c) annual fees, or portion thereof, in respect of a part of a year: (dJ the date cm which any fee or charge is payable: (e) the fees. or portion [hereof, payable in respect of any examination referred to
in section 19, conducted by or on behalf of the council; (~) any charge payable for the purposes of the education fund referred to in 15
section 1 5(5); (g) fees payable for a service referred to in section 14(c); (/z) the fees payable for an appeal in terms of section 24(1): or (ij any other fee or charge it considers necessary.
(2) The council may grant exemption from payment of application fees, registration 20 fees, annual fees, charges, or a portion thereof referred to in subsection (1).
Powers of council with regard to education in landscape architecture
]3. The council may—- (a)
(b)
(c)
(d)
(e)
(f)
(s)
(II)
(i)
(j) (k]
subject to seaions 5 and 7 of the Higher Education Act, 1997 (Act No. 101 of 1997), conduct accreditation visits to any educational institution which has a 25 department, school or faculty which offers landscape architectural education! programmed, but must conduct at least one such visit during its term of office. If the council does not conduct an accreditation visit within that term of office, it must notify the Minister accordingly and provide him or her with reasons for the failure to do so; 30 either conditionally or unconditionally grant, refuse or withdraw accreditation with regard to all educational institutions and their educational programmed with regard to landscape architecture; consult with the Council on Higher Education established in terms of the Higher Education Act, 1997, regarding matters relevant to education in 35 landscape architecture; consult with the South African Qualifications Authority established by the South African Qualifications Authority Act, 1995 (Adt No. 58 of 1995), or any body established by it and the voluntary associations, to determine compe- tency standards for the purpose of registration; 40 establish mechanisms for registered persons to gain recognition of their qualifications and professional status in other countries; liaise with the relevant National Standards Body established in terms of Chapter 3 of the regulations under the South African Qualifications Authority Act, 1995, with a view to the establishment of a standards generating body in 45 terms of those regulations; recognise or withdraw the recognition of any examination contemplated in section 19; enter into an agreement with any person or body of persons, within or outside t}]e Republic, with regard to the recognition of any examination or 50 qualification for the purposes of this Act; give advice or render assistance to any educational institution, voluntary association or examining body with regard to educational facilities for and the training and education of re~istered persons and prospective registered persons; 55 conduct any examination for the purposes of section 19; and determine, aftei consultation wit}] the voluntary associations and registered persons, conditions relating to and the nature and extent of continuing education and training.
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General power-s of council
14. The council may. in xfdition to other powels in [ht~ Act- (li}
(/, )
(c)
(d)
(c)
(/7
(K)
(h)
(i)
(J)
(k)
WX@t. hl~t. }Wtihn. k. S(;1} (N (JkIWW (f~!+fJOSC (Jf’ ITKN’abk [M llTUllO\’d[”lk
propmt>) for the efi-ectii e performance WICI exercise of its functions. duties [jr p(ouers; 5 decide upon the manner in kvhicb contracts most be entered into on behalf oi’ [he council: perfor-m anyservice!vithin itscompetencei litisrequestedb yanypersonor body of’ persons. including the State; deter-lnine. subject to section z5, the requirements with which a voluntary 1 () association must comply to qualify for recognition by the council: advise the Minister, any other Minister or the CBE on any matter relating to [he landscape architectural profession: encourage and itself undertake research into matters relating to the landscape architectural profession: 15 take any steps it considers necessary for the protection of the public in their dealings with registered persons for the maintenance of the integrity. and Lhe enhancement of the sums ot’ the landscape architecturYdl profession; take any steps it considers necessary for the improvement of the standards of serwices rendered by registered persons; 20 create an awareness amongst registered persons of the importance to protect the environment against unsound Landscape architectural practices: take any steps which it considers necessary, where, as a result of landscape architectural related undeflakings, public health and safety is prejudiced: and take any measures it considers necessary for the proper performance and 25 exercise of its functions, duties or powers or to achieve the objectives of this Act.
Funds of council and keeping and auditing of accounts
15. (1) Tine funds of the council consist of any money received in terms of this Act and all other monies which may accrue to the council from any other legal source. including 30 fines and penalties imposed by tbe council.
(2) The council may – (a) collect and invest funds of the council; (b) raise money by way of loan for the purpose of effectively performing its
functions; 35 (c) with a view to the promotion of any matter relating to the landscape
architectural profession, lend money against such security as the council considers adequate; and
(d) mortgage any of its immovable property as security for a loan referred to in paragraph (b). 40
(3) The council may remunerate its members and committee members from its funds. (4) The council may finance any publication referred to in section 10(e). (5) The council may establish and administer an education fund for the purpose of
education, training and continuing education and training of registered persons and students in the landscape architectural profession. 45
(6) The council must keep full and correct account of all monies received and expended by it.
(7) (a) The council must annually prepare a statement of income and expenditure and a balance sheet showing its financial position as at the close of the financial year to which it relates. 50
(b) The Council must have the statement and balance sheet audited by an auditor registered in terms of the Public Accountants’ and Auditors’ Act, 1991 (Act No. 80 of 1 9 9 1 ) .
(c’) A COPY of the audited statement and balance sheet must be open for inspection at the offices of the council. ~s
I S ) “rhc Councii mLI$t. !\ ithin six n“IOIILh:. I“roli] [he I-’IoM’ of each finarw:iai yew’ or such other ’ period as may be a~l-ecd to t! 1!1< kfinis(rr df(el- a request b?’ the council. suhmil the audited SII[eInellt Jnd bo]all(’e shee! to the h!inister .md m!lsl prc”l~idc a col?y to the CBE.
(9) The h4inis[er may, wi[h tl~e colmrrrcnce of the klinister of Finance-– ~ (a) ad\ance or grant to the coluncii. out of money appropriated by Parliament.
such amounts as he (or she considers necessary in order to enable the council to carry out its functions, and
(b) determine the conditions to and repayment of the advance. ( 1(I i ‘Tf]e council must determine its financla] year. 1 () ( i 1 ) The council must apply due care an(i di]igence when in~,esting any money m
incurring any expenditure fronl the funds of the council.
Reports to CBE
16. ( I ) The council must, w]thln six months from the close of each financial year. provide the CBE with a report regarding its activities during that financial year. for the 15 purpose of section 4 of the Council for the Built Environment Act, 2000.
(2) A COPY of the report and the register referred to in section 11(c) must be open for inspection at the otilces of the council.
(3) ‘The council must, on request by the CBE. provide the CBE with :iny information regarding a registered person. 20
Committees of council
17. (1) (a) The council may establish any committee, including an investigating committee, to assist it in the performance of its functions and may appoint any person as a member of that committee.
(b) If the council does not designate a chairperson for a committee, the committee 25 may, at its tirst tneeting, elect a chairperson from among its members.
(c) The council may at any time dissolve or reconstitute a committee. (2) Section 9 may, with the necessary changes, apply in respect of a committee of the
council.
Categories of registration 30
1& The categories in which a person may register in the landscape architectural profession are—
(a) professional, which is divided into-- (i) Professional Landscape Architect;
(ii) Professional Landscape Technologist; 35 (iii) Professional Landscape Technician; or (iv) Professional Landscape Assistant; or
(b) candidate, which is divided into— (i) Candidate Landscape Architect;
(ii) Candidate Landscape Technologist; 40 (iii ) Candidate Landscape Technician; or (iv) Candidate Landscape Assist~nt: or
(c) specified cate~ories prescribed by the council. (2) A person may not practise in any of the categories contemplated in subsection(1).
unless he or she is registered in that category. 45 (3) .A person who is registered in the category of candidate must perform work in the
landscape architectural profession only under the supervision and control of a professional of a category, as prescribed.
Registration
19. ( 1 ) (a) A person must apply. in the prescribed application form, to the council for 50 registration in a category ~eferred to in section 18(1).
(b) The application form refen-ed to in paragraph (a) must be accompanied by the prescribed fee.
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(2) llIc council must r eg i s t e r rhe appliczmt in the relevanr category tind Issue a registration Cefliticate to [he \LlcCCS!,f.41 :1.ppiicant ]n the p r e s c r i b e d f o r m i f . after consideration of an application. [he cc,i.trc I! is satisfied that the applicar!t--
(C:)
((!?)
(3)(a J (i)
(ii)
(iii)
(iv)
(v)
(vi)
(I) has demonstrated hi\ or her competence as measumd apainsl StWICidrdi determined by the cour:ci! for the relevant category of registm[ion; and
[ii) has passed any additional examinations that may be determined b> the council;
in the case of a person applylng for registration as a candidate or as a candidate in a specified catego~. has satisfied the re levant educat ional outcomes determined by the council for this purpose. by— (i) ha~ingpassed accredited orrecognised exan]il~ations atanyedllcation:il
institution ofl%rins edllcational progmmmes in landscape architecture; and
(ii) having passed any other examination that may be determined by the council; or
(iii) presenting evidence of prior !earning in landscape architecture. Despite subsection (2), the crxmcil may refuse to register an applicant–– if the applicant has been removed from an office of trust on account of improper conduct; has been convicted of an offmce in the Republic, other than an offence commit~ed prior to 27 April 1994 associated with political objectives, and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment or both; if the applicant has, subject to paragraph (b), been con~-icted of an offence in a foreign country and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or lmprisonrnent or both; if the applicant is declared by the High Coufi to be of unsound mind or mentally disordered, or is detained under the Mental Health Act, 1973; for as long as the applicant is disqualified from registration as a result of any punishment imposed on him or her under this Act; if the applicant is an unrehabilitated insoivent whose insolvency was caused by his or her negligence or incompetence in performing work falling within the scope of the category in respect of which he or she is applying for registration.
(b) For the purposes of paragraph (a)(iii), the council must take cognizance of the prevailing circumstances in a foreign country relating to a conviction.
(c) The council must provide the applicant with a notice of a refusal referred to in paragraph (a).
(4) For the purposes of this section “prior learning” means the previous learning and experience of a learner, howsoever obtained, against the learning outcomes required for a specified qualification and the acceptance for the purposes of qualification of that which meets those requirements,
Cancellation of registration
20. (1) (a) The council may cancel the registration of a registered person if he or she- (i) becomes disqualified from registration as contemplated in section J 9(3):
(ii) has erroneously been registered, or has been registered on information subsequently proved to be false: or
(iii) fails to pay the prescribed annlJal fee or portion thereof, within 60 days from it becoming due or within such further period as the council may allow, bifher before m after the expiry of the 60 days.
{b) The council must pro~’ide the registered person with a notice of a cane.:ilatmri refer,-ed to in paragraph (a).
(2,) If a persGn who is registered as a candidate qualifies io be registered as a proirsslorla] in iEXmS of Seccion ~~(~)(a), the CCJUf’iCil must cancel his or her regis:ratlon as a cawiidat?.
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((1)
(1?)
!.$”itbin ;() days from that per~(>n b~coil:]ng aw:ire of the decis ion. rt!q LIest L]w counci l in \vriting (~) fuI-nlsh him w hcr in vlritin: with its m~,.onj for Ihat Lkcl:>! on;
\\ ithin 90 davs irolm the cbte on which the couiwil furnished him or her with its reasons for that decision and after giving notice to [be council. appeal to the CBE against that decision in [erms of’ section 2 I of the Council for the ~Llj][ Eilvironmen[ Act, 2000.
(2) A person referred to in subsection (1) ]may, after giving notice to the council or the CBE, as the case may be, lodge a notice of appeal with the registrar of the appropriate High Court within one month from the date of [he decision of the council or (he C13E.
Rules
36. ( 1 ) The council may, by notice in the Gacetre, make rules with regard to any matter that IS required or permitted to be prescribed in terms of this Act and any other matter for the better execution of this Act or in relution to any power granted or duty imposed by this Act.
(2) (u) Before the council makes any rule under this section, it must publish a Liriift of the proposed rule in the Ga:erte together with a notice calling on Interested persons to comment in writing within a period stated in the notice, but the period may not be less than 30 days from the date of publication of the notice.
(b) If the council alters the draft rules as a result of any comment it need not publish those alterations before making the rule.
(3) The council may, if circumstances necessitate the immediate publication of a rule. publish that nrle without consultation as contemplated in subsection (2), provided that the CBE. any of the councils for the professions or any person who is aggrieved by the said rule may–-
(a) comment after such publication; or (b) appeal to the CBE or the appropriate High Court, as the case may be, against
such a rule.
Procedure and evidence for evidential purposes
37. (1) The register referred to in section 11 (c) serves as evidence of all matters which, in terms of this Act, are required or permitted to be noted therein.
(2) A certificate purporting to be signed by the registrar to the effect that an entry has or bas not been made in the register or that any other function authorised by this Act to be performed, has or has not been performed, is evidence of the matters specified in that certificate.
(3) A copy of an entry in the register or of a document in the custody of the registrar, or an extract from the register or from any such document, purporting to be certified by the registrar, may be admitted as evidence in all courts without further proof or production of the original.
Rectification of errors and exemptions
38. (1) When anything which according to this Act is required to be done or performed on or before a specified day or at a specified time or during a specified period, has not been done or performed, the Minister may, if satistied that the failure was due to error or oversight, authorise it to be done or performed on or before another day, time, or during another period and anything done or performed in this regard is. of full force and is deemed to have been lawfully done or performed in accordance with this Act.
.(2) The Minister must. after consultation with the council, voluntary associations and any other person he or she considers necessary, make rules regarding exemptions from the provisions of this Act.
(3) (a) The Minister may, after consultation with the council, voluntary associations and any other person he: or she considers necessary, exempt any person, council, voluntary association or industry from arry provision of this Act for a period not exceeding two years: ~
(b). The exemption referred to in paragraph (a) must comply with the rules contemplated in subsectio~: (2).
[.iability
39. ( I ) The council. the registrar, or any me]liber. commit[ce or stall’ nwmbei- of the council, is not liable for any act performed in good t’~ith in terms of this Act.
(~) A registered person who. in t}w plibfic interest--- (a) refuses to perform an act: 5 (b) otnits to perform an act: or (c) infolms the council or other appropriate authority of an act or olmission
performed by any other person, ~.vhich acr or omission endangers or is likely to endanger the safety or health of the public or fellow employees. is not Iiab]e for that refusal. omission or information, 10
(3) Any person who was registered in terms of lhis Act and whose registration was cancelled. is liable for any action taken bv him or her while he or she was registered.
Delegation of powers
40. ( 1 ) The Minister may delegate any of his or her powers in terms of this Act, excluding the power to appoint the members of the council, to the Director-General or 15 any othei official of the department.
(2) The council may delegate any of its powers in terms of this Act to a committee, a staff member or a member of the council or any other person or body of persons. excluding the power to hear an appeal in terms of sections 24(1) and 33(1 )(a).
(3) The registrar may delegate any of his or her powers in terms of this Act, to a 20 member of the staff of the council.
(4) Any delegation under subsection (1), (2,) or (3) does not prohibit the exercise of the power or the performance of the duty or function in question by the Minister, council or the registrar.
Offences and penalties 25
41. (1) A person contravening section 18(2), 23, 25(8) or 3 I (8)(r2). (6), (e) or (~) is guilty of rm offence.
(2) If the council wilfully or in a grossly negligent manner fails to comply with section 15(8) it is guilty of an offence and liable to a fine calculated according to the ratio determined for a period of five years’ imprisonment in terms of the Adjustment of Fines 30 Act, 1991.
(3) A person ccmvicted of an offence in terms of section 18(2) maybe liable to a fine equal to double the remuneration received by him or her for work done in contravention of section 18(2) or to a fine equal to the fine calculated according to the ratio determined for three years imprisonment in terms of the Adjustment of Fines Act, 1991. 35
(4) A person who is convicted of an offence in terms of section 23 or 25(8), may be liable to a fine calculated according to the ratio determined for a period of one month imprisonment in terms of the Adjustment of Fines Act, 1991.
(5) A person who is convicted of an offence in terms of section 31 (8)(a), (b), (e) or ~), may be liable to a fine equal to the fine calculated according to the ratio determined for 40 three years imprisonment in terms of the Adjustment of Fines Act, 1991.
Transitional provisions
42: ( 1 ) For the purposes of this section, “effective date” means the date of the first meeting of the council.
(2) The Board of Control for Landscape Architects established by section 31 B of the 45 Architects’ Act, 1970 (Act No. 35 of ! 970). con~inues to exist and may exercise its powers and perform its functions after the commencement of this .Act until the effective date.
(3) Thc 130Lw(I olCOII[~~i]p( AI( hiftcts IIIIIS[. ivitliin 30 L!ajs l]~in thc dale c~fcoIll]me]31:ei33ent 0! Ihi$ Act, ir(’it< no[ntna[ioi~s for the first api.)[~iti{tn~nt of lnemhers in acccmkmce with section 4.
(~) For the purpose oftlle l:~miilati~ns referred (o in ~e~ti~ti 4 and fcr the first term of otilce of the counci l . the existing voluntary a s soc ia t ion withitl the limdscapc 5 architectural profession are LleeIned to be recognised in terr’ms of’ seclion 25.
(5) Any person practisi[]g as an lanc!scape technologist, lundscape technici~m or landscape assistant as well as a candidate in any of these categories, may continue to practise as such and is deemed to be a legistered person until a date determined by the Minister in the Ga:ef~~. 10
(6) From the effective date, all rights. obligations. assets and liabilities ticquired or in~llmed by [he ~c~:lrd of Con[rol foI I.,andscape Architects in terms of the Architects’ Act, 1970, vest in the council and the council is deemed to have acquired or incurred those rights, obligations, assets and liabilities In terms of this Act.
(7) Any act performed, decision taken. or rule made or purported to have been so 15 preformed, taken or made in terms of’ the Architects’ Act. 1970. by the Board of Control for Landscape Architects remains valid unle:;s repealed under this Act.
(8) Any notice issued or exemption granted by the Minister in terms of the Architects’ Act, 1970, remains valid unless repealed under this Act.
(9) Any person who at the commencement of this Act is registered in terms of a rule 20 contemplated in section 31 B( 13) of the Architects’ Act. 1970, is deemed to be registered in the corresponding category provided for in this Act.
(10) From the effective date. any register maintained in terms of the Architects’ Act, 1970, is incorporated in and is considered to form pm-t of a register to be maintained it] terms of this A~t. 25
{ 11) Any action taken jn terms of section 24 of the Architects’ Act, 1970, which is pending at the commencement date of this Act, must be finalised in terms of that Act.
(12) At the end of the first term of the council 50 per cent of the members of the council may not be reappointed by the htinister.
Act binding on State 30
43. This Act binds the State.
Short title and commencement
44. ‘I’his Act is called the Landscape Architectural Profession Act, 2000, and commences on a date fixed by the President by Proclamation in the Gazttc.