Advanced Search

Professional and Technical Surveyors’ Act (previous short title: Professional Land Surveyors’ and Technical Surveyors’ Act)


Published: 1984-04-11

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Professional Land Surveyors' and Technical Surveyors' Act
STAATSKOERANT li ... · • . ,-- .
. ;, ~ . -: .
VAN DIE REPUBLIEK VAN SUID-AFRIKA • ' ' ~ • ~ ' , ~' 1 f. :• 1 • •'l ' : ·~~', ~ • •, f
1 · .' . : ~. j ;.~'' ·' . . _ .. ·, .. · , ,' :;\ ': _;
·., . · ".· .. '.··.-·• ,• •.! '. =============
I ,I ; - • ;_ .. ! ,\ , , · ·.· ··, • .: ,
• .. f _ _. , \ · . ,; • - t '
· ' ' ' '
REPUBLIC ·oF SOUTH AFRICA · t 0 0 1 ' ~
0 O :'. ; ~- -; ! __ ) .: I
,-·· -e · • . .
·-- • :•!l • i ; . ' . ' 1- . · - • · , ~- . . . . :.-' _. . .... \' ,.
GOVERNMENT 'GAZETTE · • . I ~ • : ' - • • ' , ' • . I ' ' . ., • ' '
. . : :- l ; '. ~ • : • .- I ; f ~ ( ' .I • .. • .1 : - ~ j :. ! ; . . ; .. ;
· ,.!,1
:. : ·· ::· As 'n Nuusblad by die· Poskantoor Geregistreer • · . ;..- ' 'Registered at the Post Office as a Newspaper
·,· ' · ,· .,: · 1.' . ' . . •. :' . ' : .. : .. ~ . ' .. . ' ' :. ~ • • ' I J :: · .: ;,. r ', • I
. • '. • ; ~ j ' ., : .. : · •• :: . .' ' f I
. ... ' '.._ : • I .· ::
. , ., '• • ' • · ', ~ '' ! 1 • ' ' • •· ' ; . . - , I
, ; , . , . , ,. . . . PRYS (A 'VB inge~luidOc PRICE,(GST included) , , •· . · , :... ·" : · BUITELANDS 40c ABROAD
:; · ' . · ; • '· · ,, .,, '· POSVRY ~POST FREE : . ·.' ' . • .. ~ I - - . ' ' ' ~ -; · . . ·'
~ ; . . . :,.. . . . '. .. I : . ·~ . . • . , .. ;. , : . : . ~ • . / ' ~' ' ·· : . : .. -~ -· ' 'I - -~ ~ ~ : ~ .. · ' · ..
I . • ~ • ' '
~ ,· -·
. ·' .. KAAPSTAD;i1 APRIL i984 . . ' . ' . . ' . . . . _ ; ' ' . ~
. . · , ( I
~APE TO~, 11 APRILJ984 . No. 9157 . VoL. 226 . · : · . ·. ' ; '
· :· . i • I ~ • . : · ; ; : l . ; . . . ' ; . . ' . , . • . ' .. ' ' _. ' • ' ' ~; ; j - . • - • ' ! r • o
KANTOOR VAN DIE EERSTE MINISTER . OFFICE OF THE PRIME MINISTER : '' ·- ·: ' .. "";:. _.,. ' . ' . ~ I • ' ; · 1 :,. • : ~ I
. ' . : ~ .' . No. 662. 11Aprlll984 · No~ 66{·: · " : .. ' 11 April 1984
Hierby word be~~~d ~~~a~k d~t d.ie Staatsp~~sident sy ·. · :it i~ .. hereby notified that the State President has goedkeuring geheg het aan• die onderstaande Wet. wat assented to the following Act which is hereby published hierby ter algemene inligting gepubliseerword:-:- . . · •, , . for general infonnation:-
-o. 40 van 1984: W~t .o.p :Prof~~io~ele Landmete;~ en No. 40 of 1984: Professional Land Surveyors' and Tech- Tegniese Opmeters, 1984. · nical Surveyors' Act, 1984.
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is
printed on uneven numbered pages.
.GOVERNMENT GAZETIE, 11 APRIL 1984
-···"·
: ~ .'
PROFESSIONALLAND·SURVEYORS'ANDTECHNICAL SURVEYORS' ACT, 19S4
' !, ; .. .~ : • ' l ,.-.
~ · . :
• . .-i .. ' \,., . . . . ; ~ -·; ·. ; l ·. ' •
I. '
:! ,. , j '
. . To provide for the establishment of a South African Council for · · . · • Professional Land· Surveyors and Technical Surveyon,' for
· '•· · the registration of professional land sllrveyors,· professional land surveyors in training, surveyors, survey technicians and
. ... . survey technicians'' in training, and for matters connected therewith. · , ·
• ' j';'
· (Afrikaans text signed by the State President:) · ·· · · (Assented to 20 March 1984.) ·
BE lT ENACTED by the ~tate President. and the Ho_use of · • · · Assembly of the Republtc of South Afnca, as follows:-'-
• • ' •• : . ~ , . ·' • • • • ' • • ! . • • • ; : • • • ' •. • ; • : ; . • •
No. 9157 3
' Act No. 40, 1984
1; In this Act;unless the context otherwise indicates-· ' · ' Definitions. · · - (i) ''annual fees'~ means the annualfees or portion thereof
5 · · '· · · determined by the council under section 7 (1) (g); (vii) · · · (ii) "ChiefDirector" means the Chief Director of Surveys
· and Mapping appointed in terms of section 1 •of the · Land Survey Act, 1927 (Act No. 9 of 1927); (v) ·· , ..
10 (iii) ~·council" means the South African Council for Profes~ · ·. · sional Land Surveyors and · Technical Surveyors · estab- - _lished by section 2; (xvi) · · : · · .... · ·· · · · · · . · · . · . · · · _
(iv) "department'.'· means the Department of Community Development; (ii) .. . . · ·
(v) "Director-General" means the Director-General: Com- 15' ·: · ' munity Development; (iii) . · · · .. · ' · · · ·
(vi)· "education advisory committee" means the Education Advisory Committee established by section 11; (i)
(vii) ''in the service of'the State" means in· the full-time em- . · · · ployment of the Government, including any provincial
20· administration, the South African Transport Services and the Department of Posts and Telecommunications;
· . · ·(vi) · · · ·: · · · •: . : . r: · ,
25 :- , ·
(viii) "Minister" means the Minister of Community· Develop- . ment;' (viii) ·: :: ···. · · ·; · '(ix) "personal supervision" has the meaning assigned there-
,: .. _,to in section 49 of the Land Survey Act, 1927 (Act No. · 9 of 1927)~ arid, in relation to a survey technician and a survey technician in training~ means supervision as pre-
. ·scribed; (xii) · ·· · · ' · · · · ~ · · · - · : . : . 1• · 30': (x) "practise" means the performance of work:prescribed
· · under section 7 (2) (a), but including cadastral surveys, as well as teaching in relation to' all such work or the
~ :- · · · · '· performance of administrative functions in connection with that work,.-where any person undertaking that teaching or performing those administrative functions does so by virtue of being registered in terms of this
35· .• · ..
. .. Act; (xiii) · · ' ' · · ' · ' (xi) "prescribe" means prescribe by rule made by the coun·
: ' ~
.. · .< cil under section 34, and "prescribed" has a corre· 40 · sponding meaning; (xxi) · · · · · · . . · · · '
(xii) "professional land surveyor" means a person registered ·· ·. :, .. as ·such · in ter~s. ~f1 subsection (2) of section 20 or
' ••. • I
GOVERNMENT GAZETIE, 11 APRIL 1984
PROFESSIONALLAND SURVEYORS' AND TECHNICAL SURVEYORS' ACT,1984
~ deemed to be registered as such in terms ofsubsection :-;. • .~ (3)ofthesaidsection20;(xiv) · · · '· '- ·
(xiii) :"professional land surveyor in training" means a per- · . . -- son registered as such in terms of section 21; (xv)
(xiv) "register" means a register mentioned in section 7 (4); (xvii) . _ · . ·: ' _ ·
' (xv) "registrar'~ ·means the . person appointed as registrar ,· under section 7 (1)(a); (xix) ·· - _
:•;. ' (xvi) -~'registration fees" means the registration -fees deter- 10 · . •:· mined by the council under section 7 (1) (g); (xviii)
· (xvii) "surveyor" means a person registered as such in terms
15
": . · .- of section 22 (2) or (3); (ix) .,. . .. ·_, (xviii) ."survey technician" means a person registered ·as such
; . in terms of section 22 (2) ·or (3); (x) . .. , -. (xix) ''survey technician. in training'.'· means a person regis-
. · tered as such in terms of section 23; (xi) -. . : ' . - (xx) '.'technical surveyor". means . a person ·, _ registered :in ,_ _terms of section 22 and .who is either. a surveyor or a
.- · , survey technician; (xx) :- · . . _ · .- - . · . ' :: 20 - - (xxi) "this Act" includes any notice or rule issued or made
. -· ~ under this Act. (iv) . ·' .
No. 9157 5
'Act No. 40, 1984
. ,, ·2. There is hereby established ·a juristic person to he 'known as Establishment of the South African · Council for Professional Land Surveyors and South !'-frican Technical Surveyors. · · · ·· · t:;ounc1l for Profes- - . . . . · • ., smnal Land Sur-
, . . _ . veyors and Techni- . cal Surveyors.
25 3. (1) Fo~ the.period from the commen~ement of this Act untilCon~titutionof a date determined by the State President by. proclamation· in the coun~il and first
·. Gazette, the council shall consist of the persons who were mem- meetmg. hers of the Central Council . of Land Surveyors established by section 2 of the Land Surveyors' Registration Act, 1950 (Act
30 No. -14 of 1950), as constituted immediately. before that com- mencement; ·and three additional persons, co-opted by the first-
. mentioned persons from the members of the Institute of Topo- graphical and Engineering -Surveyors of South Africa, as mem- bers of the _council. , ·' . _ . : _ . _
35 · (2) After. the date so determined the counCil , shall corisist , of the following members appointed by the Minister, namely--7 , .. ·
.. (a) one professional land surveyor nominated by the Insti- . , tute- of Professional Land Surveyors of the Eastern
40
45
50
55
· Cape mentioned in section 40 (a); , - (b) one professional land surveyor nominated by the Insti-
-'tute. of Professional ·Land Surveyors of the Western _ . · Cape mentioned in section 40 (b); . · · _ -• - . · _. . · (c) ' one professional land surveyor nominated by the Insti-
-- tute of Land Surveyors of Natal established by. Act No. 28 of 1905, as amended by Act No. 24 of 1908, of Na- tal; . _ _ _ __ _ . . : . ,
(d) one professional land surveyor nominated by the Insti- .. tute of Land Surveyors of the Orange Free State; · _ :
_(e) two professional land surveyors nominated by the Insti- : tute of Land Surveyors of the Transvaal established by
the Institute of Land. Surveyors Incorporation Ordi- nance, 1904 (Ordinance No. ,11 (Private) of 1904), of Transvaal; _ . . . _ _ _ .. .
(f) one professional land surveyor nominated by the edu- . . cation advisory committee, .who shall be a professor or
lecturer .in surveying at a university which offers a de- gree course in surveying; _ _ . . .
_(g)
60 . . ; (h)
two -professional land surveyors selected by the Minis- ter from among persons in the service. of the State;. one professional land surveyor nominated by the Asso-
65 .
ciation of Air Survey Companies; , · _ , (i) three persons, each of whom shall be a professional
.. , _ . , land surveyor or a technical surveyor, nominated by ' ·, . the Institute of Topographical and Engineering Sur-
veyors· of South.Africa who ordinarily are resident and practise in the Republic; and · . _ , . ,
(j) one person nominated, after the election of the presi- dent of the council in terms of section 6 (1), by the body mentioned in paragraph (a) , (b), (c), (d), (e), (j), (h)
GOVERNMENTGAZETIE,llAPRIL 1984
PROFESSIONAL LAND SURVEYORS' 'AND TECHNICAL SURVEYORS' ACT, 1984
, .. ·or (i) of this subsection which had nominated the mem- ber so elected, or,. if the president was appointed as a
... , . member of the council in terms of paragraph (g) of this subsection, one professional land surveyor in the ser-
5 vice ofthe State. · . .. . · (3) When any nomination in terms of subsection (2) (a), (b),
(c), (d), (e), (f), (h), (i).or (j) becomes necessary, the, body con- cerned shall at the request of the -Director-General furnish the nomination or nominations required for appointment to the
10 council, within a period of 60 days from the date of such request, failing which the Minister may appoint to be a member or mem- bers of the council in terms of that subsection any suitable per- son or persons in the place of the person or persons he would have appointed if the. said body had not so failed to . nominate a
15 person or persons. . . . .. , . , (4) For every member of the council there shall be an alter-
nate member ,appointed in the same manner.as siich .member, and any alternate member so appointed shall act in .the place of the .member _in respect of whom he has been appointed as alter-
20 nate member, during such member's absence or inability to act as a member of the council: Provided that- . . · . .
(a). such alternate member may with th~ consent of the council attend any meeting of the council and partici- pate in the proceedings ,there whe_n the member in re-
25 spect of whom he has been . appomted as an alternate member is present at that meeting, but shall not have
. the power to vote at such meeting; and· · .,· , . (b) where the member of the council iri respect ofwhom
such alternate member has been appointed is the presi- 30 dent or vice-president of the council, and the presi-
dent or the vice-president, as the case may be, is not able to preside at any meeting of the _council, the pro- visions of section. 6 . (4) shall apply in . respect of that meeting. . . . . . · . . ·
35 (5) Every member of . the . council (excluding a member ap- pointed in terms of paragraph (g) of subsection (2), who shall hold office for such period as the Minister may determine at the time of his appointment) shall be appointed for a period of two years, but shall on termination of the period for which he was
40 appointed, continue to hold office for . a further period not ex- ceeding three months until his successor has been appointed. · (6) If a member of the council dies or vacates his office before the expiration of his period of office, the Minister may, subject to. the provisions of subsection (2) of this section and section 4
45 (1), appoint a person to.fill the vacancy for the unexpired por- tion of the period for which such member was appointed. . (7) Any member of the council whose period of office as a
·member oCthe council has expired, shallbe eligible for re- 'appointmerit. · ·· · · · · · . . . . . ·
50 . (8) (a) The first meeting of the council_shall be held at such · · time and place as the Minister may determine, and all . subsequent meetings shall be held . at such times and · ·places as the council may determine: Provided that the
council shall meet at least once in every year. 55 (b) The president ofthe council may at any time, and shall
when requested to do so by a majority of the members ·of the coun'cil, call a special meeting of the council to be held at such time and place as the president may di-
. rect. · · · .. . . · · 60 · (9) No action or · decision taken by the · council in the period
between the election of the president and the appointment of the membermentioned in subsection (2) (j),shall be invalidated by reason only of the fact that the said member had not yet been appointed. · · ·
No.9157 7
Act No. 40, 1984
65 4. (1). No person shill!' be appointea as a: member of the coun- ou~lification~ 'oc,. · cil- . . . . . . . · .. members of counctl
(a) in ie'rrris ot'seetiori 3 (2), or as an alternate 'to a'ny such and circur:nstances . b . . · . . f . . ._ (4) l h . . S h under which they mem er m terms o sectiOn _, , un ess e IS a out vacate office.
African citizen;
GOVERNMENTGAZETIE,ll APRIL 1984
5
PROFESSIONAL LAND SURVEYORS' AND TECHNICAL' SURVEYORS' ACf, 1984
· ·· · (b) in-terms of section 3 (2) (a), (b), ·(c); (d);'(e), -(h) or (i); . . .... or as an alternate to any such member in terms of sec-
- . . tiort 3 (4), unless he is a member of the body which · nominated him;· ·- . , · · (c) · in terms of section 3 (2) :(j); or as an ·alternate to any
such member in. terms of section 3 (4)~ unless he: is a · · .. :. professional land surveyor or, in the. case of a person
nominated by the body mentioned in section 3 (2) (i), a · ._, ,, . professional land surveyor or a technical surveyor .. _
10 · (2) A member of the council or an alternate. to such a mem- ber; as the case may be, shall vacate his office- .. .
. · (a) . if he resigns by written·notice addressed to the regis- trar; . .. .. , · ~ . ~ . · .~~ .. · ·
. (b) if he becomes insolvent or assigns • his ·estate for the 15 .· · : . . benefit of, or compounds with, his creditors; .. .
(c) if he is according to the law:detained as a mentally ill person; _
. : (d) if he is convicted of an offence and sentenced in respect thereof to imprisonment without the option of a fine; ..
20 ' ·(e) if he· is removed from an office of trust on account of improper conduct or if he has been guilty of conduct by
~ . · . reason of which he is in the opinion of the Minister,
. ' after consultation with: the. council, not a fit person to be a member of the council; · 25 · · . (f) · if he is disqualified for registration in terms of this Act;
(g) if he, . as a member, has been absent from three con- secutive meetings of the council without.its leave;
(h) · if he was appointed in terms of section 3 (2) (a); (b),
30 . (c), -(d), (e),· (h), (i) or w·and-he ceases to be a mem-
'ber of the body which nominated him;.· •· • (i) if he ceases to be a professional land surveyor or, in the
case of a person nominated by. the body mentioned in • . i section 3 (2) (i); ceases to be a • professional land sur-
35 .. ' ' · veyor or technical surveyor; as the case may be; ·
(j)' · if he was appointed ·by virtue of-the fact · that he is a ' -• .: professiomil land surveyor· in the service of the State i ' · and he ceases to be in such service; :! . • (k) • if he was appointed in terms of section 3 (2) (f) and he
· ' · .· ·ceases to be ·a professor or lecturer in surveying at a 40 -~ · - 'university; · · · · : ·1< · •. ·: _. ,
(I) if he was appointed in terms of section 3 (2) (a), (b), (c), (d), (e), (/), (h), (i) or (j) and the Minister termin~
·. · · ates his ·appointment on -the.· recommendation of the · · ' · :: body which nominated him; : · · · . · · ·
45 ; • (m) if he was appointed in terms of section 3 (2) (g) and the · ". · . Minister terminates his appointment. _ · · , .· ·
50
; (3) (a) If the president vacates the office of president, he shall ·remain a member of the council, but the member nomi- nated and appointed in terms of section 3 (2) (j) shall vacate . his office as from the date on which the presi-
" ; dentso vacates his office. . ·• .' - . . .: (b) If the president, when vacating the office of president,
· ' ·: : also resigns as a member of the council, the member appointed in terms of section 3 (2) ~ (j) shall remain a
55 · · · - · member of the council for the unexpired portion of the period for which such member was appointed:
.. (c) •The ·provisions of this subsection shall apply mutatis mutandis to any relevant alternate member appointed
:in terms of section 3 ( 4). . : . I
. . · · 1: - • f • ~ ' .·· -· 1 · .
No. 9157 9
Ac:t No. 40, 1984
; . . . ' .;.
.. ·,; . . :· ·
; _ - ·':r,· - • ;:•. . .'
60 · 5; (1) Nine members of the council shall form a quorum for Decisions of council any meeting thereof. . . . . . . .· . and quorum.
(2) A decision of a majority of the members· of.the council present: at any meeting of the council shall constitute a decision
' .
GOVERNMENT GAZETIE, 11 APRIL 1984
PROFESSIONAL LAND SURVEYORS' AND TECHNICAL SURVEYORS' ACf, 1984
of the C?u_ncil, and in _th~ event of an equality of votes the per- son pres1dmg at the meetmg shall have a casting vote in addition to his deliberative vote: Provided that for any decision to the ef- fect that this Act be amended, a majority of two-thirds of the
5 number of members of the council shall be required. (3) No decision taken by the council or act performed under
authority of the co·uncil shall be invalid by reason only of a vac- ancy on the council or of the fact that a person who was not en- titled to sit as a member of the council sat as· a member at the
10 time when the decision was taken or the act was authorized, if the decision was taken or'the act was authorized by the requisite majority of the members of the council who were present at the time and entitled to sit as members.
(4) A decision of the' council contained in a writing and signed 15 by at least two-thirds of the members of the council shall be va-
lid although no meeting was held to pass that decision. . . ' ~ ' . . .·. . . . i . . i '
No. 9157 11
'Act No. 40, 1984
. 6. (1) The members of the council sha·ll at the first meeting Of President and vice· the council and thereafter as the occasion arises out of their president of coun-
: · · number· elect a president and a vice-president of · the council, cil. 20 who shall hold office for a period of two years.: ·· · · ·
(2)'(a) If the president or the vice-president vacates his office before the expiration of the period for which he was elected, another member of the council shall be elected
25 · as president or vice-president, as the case may be, for
' · · the unexpired portion of the period for which the presi· ' . . dent or vice-president was elected: . .
: · · (b) Such 'an election shall take place at the first meeting of the council held after any vacancy in the office of the president or vice-president; as the case may be, has oc-
30 · ' curred. ·· · · ·. · ·· · ·. '(3) If fo'r any reason the presiden't is not able to act as presi-
dent, the viCe-president; if able to do so, or; if not so able, any member of the coi.n1cil designated by the Minister, shall act in
· his stead. · ·. · · . ·· · 35 · (4) If the president and the· vice-president and the member so
designated are all absent from any meeting of the council or not able to preside, the members present shall elect one out of their
. number to preside at that meeting, and :the 'person so elected shall preside at th~t meeting. ·
' · 40 7. (1) The council may- ·General powers of
(a) appoint and remunerate a registrar and such other per- council and powers · ' • sons as the· council ·may deem necessary. for the per- of Minister relating
to certain matters formance of its functions, :and may determine their in respect of which functions; · · the council has
45 ... .. (b) · determine the procedure at meetings of the council or made recommenda· any committee of the council and the manner in which tions.
,, ' minutes of the proceedings at such meetings shall be kept;
(c) • subject to the provisions of seCtion 10 (2), consider and 50 · . give its final decisions on recommendations of a com-
. mittee of the council or the education advisory commit-
;.,
55 '
60
65
tee; · · (d) . acquire or hire such movable or immovable property as
it may deem necessary for the effective performance of it~ functions, and dispose of property' so a~quired or hired; .. .· · · · · · · .o ' : ..
(e) enter into contracts and decide the manner in which ·; contracts shall be entered into on behalf of the council;
(f) . collect the funds of the council and, subject to the pro- . ·· visions of paragraph (d), deal with them by-'·
-. (i) ' investing them or any portion thereof by means: of • • a deposit with the National Finance Corporation of
. South Africa, a banking· institution registered in · terms of the Banks Act, 1965 (Act No: 23 of · 1965), a building society registered in terms of the Building Societies Act,• 1965 (Act No. 24 of 1965), or the General Post Office;
(ii) depositing them or any portion thereof in a savings account with such a banking institution or building society or with the General Post Office;
.,
GOVERNMENT GAZETTE; 11 APRIL 1984
5
PROFESSIONAL LAND SURVEYORS' AND TECHNICAL' SURVEYORS'ACT,1984
c • (iii) d~positing them orany.portion thereof in a current . ·. . ), .: • account with such a banking institution;. (g) determine the manner in which an applicant shall apply
_ for registration as a.professionalland surveyor. a pro- ' ; fessionalland surveyor in training, a technical surveyor
or a survey technician in .training,· determine the fees which shall be. payable to the council in respect of any
10 .
· such registration· and -the· annual fees .-which. shall be payable to the council by any person as long as he re. mains registered as a professional Iimd surveyor, as a
15
i · . •
· professional land :SUrveyor in training, as a technical surveyor or as a . survey technician in training, deter"
. mine. the portion of such annual fees which shall be · payable in respect of any part of a year and determine , the date .on which such annual fees or,portion thereof
shall become due and payable,. and grant such exemp- tion from payment of such. annual fees .or portion there-
. . . of as the circumstances of. any_ particular case in the ... ·:.,., opinionofthec~mncilmayjustify; -.;· · . . ,
'2o · ·· (hJ , subject to. the provisions of this Act, consider ·and de- . · cide upon any application for registration as a profes-
25
, sional land surveyor, as a professional !arid surveyor in . training, as a technical surveyor or as a survey techni-
cian in training; . · '- =' · .· · · · · · · · . (i) .·decide upon the form' of the' registers and certificates to
be kept, maintained or issued ill terms of this 'Act; the ·reviewing thereof and 'the 'manner_in which alterations . thereto may be. effected, and determine' the fees.'pay~
- ,, . . able in respect of theissue of such certificates; . ' ' '30 • .' . '(j) recommend to the Ministt~r the WOtK of':'l kirid in 'con"'
. . ne'ction with project's, 'undertakings or serVice's of a sur- ' vey nature · (excluding cadastral sur\reys and 'surveys . ·which mayor im!' required to be performed iri terms of ,· ·any law governing mines and works or surveys which'
~· are performed in, on or in relation to a mine) to be re- .. served for professional land surveyors~ ·technical sur-
. . , · · , veyors,' or any category 6f professinal Iarid '~urveyors' ' · · or technical surveyors referred to in subsection (4) (b); • ~ . . ... ' .. . J ' . ' . • • .•• • : ~- - •· ' ; . ' . ' . • . . - • .•
. 40. · (k) .recommend to the Minister the tariff of;fees to· be . ' charged for the work of a kind referred to in piuagraph
45
(j); ,., . . . .. . • ' ' . '.,.. : . _· • • ;o I • , .. •. . • ,0 . ' •
(I) · subject .. to ' the provisions of this .Act~ determine the ... · manner of inquiry· according to 'which any· case of at- . . Ieged. improper conduct' is. to be·. inquired into against
any_'person'who is' or'was registered in ·terms of this 'Act; . . _ .. ' i .. · : · .: .' : :· . .
. (m) take any steps which it may consider .expedient for the -protection, of members of the public in their de~Iings · with persons registered in terms of this Act,the main_.
50 .. . tenance of the integrity and the enhancement of the status of.such regi:?tered persons and the,improvement
.. of the sta~dards of their qualifications; :' .·· : . •... ' ·:. : .
. (n) encouragb res~arch into-matters relating to surveying, and advise;· or render financial or other assistance to,
. 55 i .' - , any university; t~chniko!J; . ...
·. ·~ . ~- ; : ·_ , :' .' :'
• t I ~, ' . 'f o, t I: 1 .. : 0
-. -' t J • ." . • • i , ,-',
34.-( 1) The council may by notice in the Gazette make rules- -. Rules. 50 ; · (a) iri relation to any matter which is required ~o be or may ·
·:, : .. be prescribed by the council under this Act; . ... . . ." .: (b) in· relation to the calling of and procedure at meetings · ,· , :. of the council or of a committee of the council or of the
, ; , \, education advisory committee; · . · 1 . . • . : • 55 ' (c) in relation· to the remuneration and allowances payable
from the funds of the council to members of the council ,. · · . or of a committee of the council; · _.. ·· : ·., • . ·
.: .
GOVERNMENT GAZE'ITE, 11 APRIL 1984 No. 9157 · 43
PROFESSIONAL LAND SURVEYORS' AND TECHNICAL SURVEYORS' ACf, 1984
. ; Act Nc). 40, 1984
· .(d) in relation to the keeping and custody of registers of·· persons registered in terms of this Act;... ;,· .
. . (e)' prescribing the requirements.with which persons regis- tered in terms of this Act shall comply in carrying on
· 5 their profession or calling; . . . · · ' · (f) prescribing conduct (in addition to conduct referred t9 .
in section 28) constituting improper conduct for a per- , . . . .. son registered in terms of this Act; , ·. , . ·
. ·(g) ·· prescribing the manner and circumstances in which a 10 professional land surveyor or a technical surveyor may
form a partnership with any member. of a related pro- fession or calling; . ' . . : . ~ ' . . . ' . . · . .' . '
(h) prescribing the method of·inquiry into allegations o(· improper conduct; · , -· . " · · · . ·
15 . (i) prescribing the nature, form and period (riot exceeding two. years) of training· in · practicaJ.survey work to be undergone by a professional land surveyor in training;
• . (j) prescribing the nature; form and period (nof exceeding two years) of training in practical survey work to be·
20 undergone by a survey technician in training; · • (k) prescribing the form of the contract of training between
any person and a professional hind surveyor in training ·or a survey technician· in training who wishes to under~ •.
· · · , : go practical training with such person; before qualifying 25 for registration as a professional land surveyor or a sur-
vey technician, and the manner in which such a con· _ · tract shall be registered;·; · . : · ·
(/) in relation tO;· generally, alb matters which ·it considers : .necessary or-expedient to prescribe in order, that the·
30 ... ·. purposes ofthis Act may be achieved: · ·. (2) Different·ruJes ma:V be made· in relation to different cat·
· · egories of professional land surveyors, of professional land sur~ · veyors in training, of technical surveyors and. of survey tech~ nicians in training.· · · · i: ·. · · · · , ,., ·.· :
> :, · ••• • · '
.-.. ·, t• .•
35 ;·Js: (1) The register shall be prima facie proof of all matters re- Procedure and evi- . quired to be or that may be entered .therein by or under this dence. Act. .. · · · . . . . . . · (2) A certificate purporting to be signed by the registrar 'to.the.
effect that an · entry .has or has not been made in the· register. or · · 40 that any other thing which may be done by or under this Act has : or has not been done, shall be prima facie proof of the:m.atters
45
50
mentioned in that certificate. 1.. . .. ~ .· ·•. ' •. (3) A copy of--.-: . .• · . . . . _.. · · ' . , .. _ . . . ; · . . . :..'
· ' (a). an entry in·the register or of a document in·the custody of the registrar, or of an extract from the register or from •.
; · 'any such document,. purporting to be certified by the registrar; or ·• ' · ·
(b) any record or an 'extract from any such record -apper- taining to: a survey and preserved by the Chief Director or a Surveyor-General,· purporting to be certified by the Chief Director· or the Surveyor-Gen.eral in ques- tion,: . ·· · ·. ,. ·· ; . , .
shall be admitted in evidence in all courts of law without further P!Oof o~ production of the original .. ·
. . i. '
:·:- , . ' i
55 36. When anything which is required to be done:or performed in terms of this Act on or before a specified day or at a specified
. time or during a specified period, has not been so done or per- formed, the Minister may, if he is satisfied that ·such failure was due to · an error· or oversight, and that it is in the interest of
Rectification of er- rors .
60 the surveying profession to do so, authorize such thing to be done·or performed on or before any other day·or at any other time or during any other period, as.he may direct, and anythirig so done or performed shall be of full force and effect and shall be deemed·to have been lawfully done or performed in accord-'.
65 ance with the provisions of this Act. .-1' . .
' , . . ..
GOVERNMENT GAZETfE,ll APRIL 1984
PROFESSIONAL LAND SURVEYORS' AND TECHNICAL SURVEYORS' ACT, 1984
No. 9157 45
' Act No. 40, 1984
37. No legal proceedings,. whether. civil or criminal, shall lie Liability of council. against the council vr any· member thereof or any person in its. employment in respect ofany act or duty performed.in accord- ance with the provisions of this Act.
·;. 1
,..·, 1 .~,: · r1··J three land surveyors appointed by the
Minister who shall be officers in the service of the State;
(c) three land surveyors nominated by the South African Council for Professional Land Surveyors and Technical Sur- veyors established by section 2 of the Professional Land Surveyors' and Tech· nical Surveyoll' Act,1984.";
(ii) by the insertion after subsection (2) of the following subsection: .
"(2A) If the South African Council for , Professional Land Surveyors and Technical
Surveyors referred to in paragraph (c) of .. subsection (2), fails to nominate a member
under the said paragraph (c), the Minister shall appoint a land surveyor as a member, and a member so appointed shall be deemed to have been nominated in terms of the said paragraph.";
(iii) by the substitution for subsection (3) of the following subsection:
"(3) (a) The board shall meet at such ttmes and places as the Chief Director may determine.'
(b) The board shall meet at least once in every year."; ·
(iv) by the substitution in subsection ( 4) for the words preceding the proviso of the following words:
"Four members of the board shall form a quorum at its meetings, and a decision of the majority of the members present at any meeting shall be a decision of the board:"; .
(b) the amendment of section 7- (i) by the deletion of paragraphs (I) and (m) of
subsection (1); and . (ii) by the substitution in the said subsection (1)
for the words following on paragraph (m) of the following words:
"and generally as to any matter apper· taining to the surveying and charting of land, and for carrying out the objects and purposes of this Act, and the cir- cumstances in which the Chief Director or a Surveyor-General may authorize a departure from a regulation framed in terms of paragraphs (b), (c), (d), (g) and (i) when compliance with any such regulation is found to be impossible or impracticable.";
(c) the repeal of sections 11 and 12; (d) the amendment of section 14 by the substitution
for the words following on paragraph (g) of the following words:
"and the Director-General: Community De· velopment or any person authorized by him may apply to the Court by way of motion for the suspension or cancellation of the right of such land surveyor to practise as such, and the Court may thereupon suspend or cancel such right or make such other or- der as it thinks fit, or the said Director-Gen- eral or person authorized by him may refer any complaint, charge or allegation of im· proper conduct to the South African Coun- cil for Professional Land Surveyors and TechniCal Surveyors established by section 2 of the Professional Land Surveyors' and Technical Surveyors' Act, 1984, for inquiry in terms of section 29 of the Professional Land Surveyors' and Technical Surveyors' Act, 1984."; . .
GOVERNMENT GAZE1TE, 11 APRIL 1984 No.9157 51
PROFESSIONAL LAND SURVEYORS' AND TECHNICAL SURVEYORS' ACf, 1984
Act No. 40, 1984
No. and year of law ·. " Short title
ActNo.14of1950 .... . Land Surveyors" Registra· tionAct,1950 .......... .
Act No. 61 of 1955 .... . Universities Act, 1955 ... .
Extent of repeal or amendment
(e) the repeal of sections 15 and 15A; and (f) the amendment of section 49-
(i) by the substitution for the definition of "land surveyor" of the following definition: · "'land surveyor' means a person registered
as a professional land surveyor in terms of the Professional Land Surveyors' and Technical Surveyors' Act, 1984, and whose name is entered in the register re- ferred to in section 7 (4) (a) of the said Act;"; and
(ii) by the substitution for the proviso to the de- finition of ''personal supervision" of the fol~ lowing proviso: "Provided that the land surveyor shall not be . ·, obliged to be present or to participate
when any such beacons which were pre- viously connected to or based upon re-
, fcrence marks or (except in a township)' trigonometrical stations are inspected by any person registered in terms of . the Professional Land Surveyors' and Tech- nical Surveyors' Act, 1984;".
The repeal of the whole
(a) The amendment of section 16 by the deleti~n of paragraph (b); · ' ,
(b) ·the amendment of section 16bis- (i) by the deletion of subsection (2); and (ii) by the substitution for paragraph (a) of sub-
section (3) of the following paragraph: "(a) Any person who appoints a member of
the recognition board under subsection (1) may appoint an alternate member to such member, and any member of the recognition board referred to in paragraph (e), (f) or (g) of subsection ( 1) may designate a person in the full- time service of the State to act in his stead as an alternate member of the said board.";
fc) the amendment of section 16duodec-- (i) by the deletion of subparagraph (iv) of para-
graph (a) of subsection (1); (ii) by the substitution for subparagraph (vi) of
the said paragraph (a) of the following sub- paragraph: "(vi) any other examination conducted by
that university in lieu of any examin- ation mentioned in subparagraph (i), (ii) or (iii);";
(iii) by the substitution for subsection (2) of the following subsection:
"(2) If in the opinion of the recognition board any examination other than an exam- ination mentioned in subparagraph (i), (ii) or (iii) of paragraph (a) of subsection (1), conducted by any university is equivalent or superior to any examination so mentioned, it may certify such examination to be so equiv- alent or superior."; and
(iv) by the substitution for subsection ( 4) of the following subsection:
"(4) Any examination referred to in sub- paragraph (i), (ii) or (iii) of paragraph (a) of subsection (1), the Public Service Lower Law Examination or the Public Service Higher Law Examination conducted prior to the date of commencement of this section by the Joint Committee for Professional Exam- inations which was prior to the said date in existence and known as the Joint Commit- tee, or a university in the Republic, and any examination conducted prior to that date and certified by the said Committee to be equivalent or superior to any such examin- ation, shall be deemed to have been recog· nized by the recognition board in terms of subsection (1)."; and .
(d) the amendment of section 16tredec by the substi· tution for subsection (1) of the following subsec- tion:
"(1) If any person satisfies the recognition board that he, prior to the date of commence-
GOVERNMENT GAZETI'E, 11 APRIL 1984 No. 9157 53
PROFESSIONAL LAND SURVEYORS' AND TECHNICAL SURVEYORS' ACf, 1984
Ad No. 40, 1984
No. and year of law Short title Extent of repeal or amendment
ment of this section, commenced to study for any examination mentioned in subparagraph (i), (ii) or (iii) of paragraph (n) l'f subsection (I) of section 16duodec, the recognition board shall, at the request of such person, until a date to be prescribed by regulation under section 28, con- duct such an examination in respect of such per- son in the same manner as the Joint Committee referred to in subsection (4) of the said section would have conducted such an examination if the Universities Amendment Act, 1959, had not been passed."
Act No. 36 of 1963 . . . . Land Surveyors' Registra- The repeal of the whole tion Amendment Act. 1963 . . ................ .
Act No. 65 of 1970 . . . . Land Surveyors' Registra- The repeal ofthc whole lion Amendment Act. 1970 ...•.•... .. •.......
Act No. 71 of 1972 . . . . Land Survey Amendment The repeal of sections 18, 19, 20, 21, 22,23 and 24 Act. 1972 . ....•... . .....
Act No. 21 of 1977 . . • . Land Surveyors' Registra- The repeal of the whole lion Amendment Act, t9n .. .. . . . .. . .. . .... . .
Act No. 34 of 1979 . . . . Land Surveyors' Registra- The repeal of the whole tion Amendment Act, .1979 • ••••• ••••••• ·• ••••