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Survey Regulation 1970

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 95.

Survey Regulation 1970

ARRANGEMENT OF SECTIONS.

Survey Regulation 1970

MADE under the Survey Act 1969.

Dated                   200 .

1. INTERPRETATION.

In this Regulation, unless the contrary intention appears–

^[1]“agreement for training” means indentures of or agreement for training in Land Surveying entered into under Section 3A;

“articles of cadetship” means indentures or contracts of cadetship in land surveying entered into under Section 3(1);

“cadet” means a person who has complied with the requirements of Section 3(1)(a) or (b);

“Register of Articled Cadets” means the Register of Articled Cadets to be established by the Registrar under Section 3(3).

^[2]“Register of Trainee Measurers” means the Register to be established by the Registrar under Section 3A(3);

^[3]“trainee” means a person who has complied with the requirements of Section 3A(1)(a) or (b).

2. FEES.

For the purposes of the Act and the regulation, the prescribed fees are the fees specified in Schedule 2.

3. ARTICLES OF CADETSHIP, ETC.

(1) Articles of cadetship in land surveying may be entered into in Form 1 between a registered surveyor and a person who–

(a)^[4] has successfully completed a course of study leading to the award of a Degree in Surveying by the Papua New Guinea University of Technology; or

(b)^[5] has other qualifications that the Board considers to be the equivalent of that Degree or that are acceptable to the Board as sufficient to warrant articles of cadetship being entered into.

(2) Within six months after the date of commencement of the articles, a registered surveyor who is a party to articles of cadetship must forward to the Registrar–

(a) three copies of the articles; and

(b) an application in Form 2 for registration of the articles; and

(c) evidence that the cadet has obtained the qualifications referred to in Subsection (1); and

(d) evidence of the date of birth of the cadet; and

(e) the prescribed fee for registration of the articles.

Penalty: A fine not exceeding K50.00.

Default penalty: A fine not exceeding K5.00.

(3) The Registrar shall keep a register to be called the Register of Articled Cadets.

(4) If so directed by the Board, the Registrar shall–

(a) register the cadet in the Register of Articled Cadets; and

(b) endorse the three copies of the articles of cadetship with the number and date of the registration; and

(c) return two endorsed copies of the articles to the registered surveyor who is a party to the articles; and

(d) retain and file the third copy of the articles.

3A. AGREEMENT FOR TRAINING.

^[6](1) Agreement for training in land surveying may be entered into in Form 1A between a certified measurer or a registered surveyor and a person who–

(a) has successfully completed a course of study leading to the award of a Diploma in Surveying by the Papua New Guinea University of Technology; or

(b) has other qualifications that the Board considers to be the equivalent of that Diploma or that are acceptable to the Board as sufficient to warrant agreement for training being entered into.

(2) Within six months after the date of commencement of the agreement, a registered surveyor or a certified measurer who is a party to agreement for training shall forward to the Registrar–

(a) three copies of the agreement; and

(b) an application in form 2A for registration of the agreement; and

(c) evidence that the trainee measurer has obtained the qualifications referred to in Subsection (1); and

(d) evidence of the date of birth of the trainee measurer; and

(e) the prescribed fee for registration of the agreement.

Penalty: A fine not exceeding K50.00.

Default penalty: A fine not exceeding K5.00.

(3) The Registrar shall keep a register to be called the Register of Trainee Measurers.

(4) If so directed by the Board, the Registrar shall–

(a) register the trainee measurer in the Register of Trainee Measurers; and

(b) endorse the three copies of the agreement for training with the number and date of the registration; and

(c) return two endorsed copies of the agreement to the certified measurer or the registered surveyor who is a party to the agreement; and

(d) retain and file the third copy of the agreement.

4. ASSIGNMENT OF ARTICLES.

(1) With the consent of the Board, articles of cadetship may be assigned, in Form 3, to another registered surveyor, who must forward to the Registrar, within six months after the date of the assignment–

(a) three copies of the assignment; and

(b) the two endorsed copies of the articles of cadetship; and

(c) a certificate by the assignor of the service of the cadet and the nature of the work on which he had been engaged; and

(d) an application in Form 2 for registration of the assignment; and

(e) the prescribed fee.

(2) If directed by the Board, the Registrar shall–

(a) register the assignment in the Register of Articled Cadets; and

(b) endorse the three copies of the assignment and the two copies of the articles of cadetship with the number and date of the registration; and

(c) return two endorsed copies of the articles of cadetship and of the assignment to the registered surveyor; and

(d) retain and file the third copy of the assignment.

4A. ASSIGNMENT OF AGREEMENT.

^[7](1) With the consent of the Board, agreement for training may be assigned in Form 3A, to another registered surveyor or certified measurer, who shall forward to the Registrar, within six months after the date of the assignment–

(a) three copies of the assignment; and

(b) the two endorsed copies of the agreement for training; and

(c) a certificate by the assignor of the service of the trainee and the nature of the work on which he had been engaged; and

(d) an application in Form 2A for registration of the assignment; and

(e) the prescribed fee.

(2) If directed by the Board, the Registrar shall–

(a) register the assignment in the Register of Trainee Measurers; and

(b) endorse the three copies of the assignment and the two copies of the agreement for training with the number and date of the registration; and

(c) return two endorsed copies of the agreement for training to the certified measurer or registered surveyor; and

(d) retain and file the third copy of the assignment.

5. APPLICATIONS FOR REGISTRATION AS A SURVEYOR.

^[8]An application for registration as a surveyor shall be in Form 4, and shall be accompanied by–

(a) evidence that the applicant has attained the age of 21 years; and

(b) two recent testimonials of character; and

(c) proof of whichever of the qualifications specified in Section 18(1) of the Act the applicant relies on for registration as a surveyor; and

(d) the prescribed fee.

5A. APPLICATION FOR REGISTRATION AS CERTIFIED MEASURER.

^[9]An application for registration as a certified measurer shall be in Form 4A, and shall be accompanied by–

(a) evidence that the applicant has attained the age of 20 years; and

(b) two recent testimonials of character; and

(c) proof of the qualifications specified in Section 19B of the Act on which the applicant relies for registration as a certified measurer; and

(d) the fee specified in Schedule 2.

6. REFUSAL TO REGISTER, ETC., ARTICLES AND CANCELLATION OF ARTICLES.

(1) The Board may, in its discretion–

(a) refuse to register or consent to the assignment of any articles of cadetship; or

(b) cancel the registration of any articles of cadetship,

if it is satisfied that–

(c) the registration or assignment has been obtained by fraud or misrepresentation of fact; or

(d) the articles of cadetship do not sufficiently allow for–

(i) the course of study by the cadet; or

(ii) experience in professional practice; or

(iii) conditions of service and training,

required by the Board.

(2) Where articles of cadetship are cancelled by mutual consent, the registered surveyor who is a party to the articles must, within seven days, give written notice of the cancellation to the Registrar.

Penalty: A fine not exceeding K50.00.

Default penalty: A fine not exceeding K5.00.

6A. REFUSAL TO REGISTER, ETC., AGREEMENT AND CANCELLATION OF AGREEMENT.

^[10](1) The Board may, in its discretion–

(a) refuse to register or consent to the assignment of any agreement for training; or

(b) cancel the registration of any agreement for training,

if it is satisfied that–

(c) the registration or assignment has been obtained by fraud or misrepresentation of fact; or

(d) the agreement for training does not sufficiently allow for–

(i) the course of study by the trainee; or

(ii) experience in professional practice; or

(iii) conditions of service and training,required by the Board.

7. BOARD EXAMINATION.

(1)^{[11] [12]}A candidate who desires to sit for the Board examination under Section 18(1)(a) or 19B of the Act shall forward a written application to the Registrar on or before the closing date for entry, together with–

(a) a certificate of service in Form 5; and

(b)^[13] statements by the registered surveyor or the certified measurer with whom he has served articles or undergone training setting out the classes of professional work on which he was engaged during his term of his articles or training; and

(c)^[14] evidence that he has completed the period of articles or training prescribed by Section 8.

(2) An applicant shall–

(a)^[15] in the case of registered surveyor submit to the Board his original field notes and plans drawn from the notes of surveys made within two years of the date of submission to the Board, together with the relevant essential computations and survey information of–

(i) the survey of a rural area of not less than 30 ha, two of the boundaries of which coincide with, and are reinstated from, previous surveys, and one of the boundaries of which is a watercourse or other natural feature or an irregular road; and

(ii) the survey of an urban area, with substantial buildings on or near the boundaries in such a position that at least one boundary must be determined by indirect methods, suitable for the purpose of the registration of title under the Land Registration Act 1981, together with a technical description of the survey; and

(iii) a proposed road or drainage work not less than 300 m in length to be constructed in accordance with the requirements of the Department of Public Works showing–

(A) the proposed design and the requisite quantities, longitudinal section and cross-sections; and

(B) in the case of a road, the proposed method of disposal of storm water; and

(C) a typical cross-section of the finished work; and

(D) all particulars of the design; and

(b)^[16] submit plans showing–

(i) a scheme for a new township to be developed as the headquarters and commercial centre for an important District; or

(ii) a scheme for the extension of an existing major town,

and including–

(iii) an overall design of the area showing proposed zones as specified in the Physical Planning Act 1989; and

(iv) a full report on the proposed design; and

(c) give to the Board such additional information as it requires in regard to his professional service, field notes and plans.

(d)^[17] in the case of a certified measurer, submit to the Board his original field notes and plans drawn from those field notes of a Rural Class 3 survey made within one year of the date of submission to the Board together with the relevant essential computations and survey information of a survey of an area of not less than 20 ha, at least one boundary of which is common with a survey carried out to Rural Class 1 standards.

(3) A plan submitted by a candidate under Subsection (2)(a) shall bear a certificate in Form 6.

(4) A plan submitted by a candidate under Subsection (2)(b) shall be accompanied by an explanatory memorandum of not less than 1,000 words, and shall bear a certificate in Form 7.

(5) The subjects for the practical examination are–

(a) adjustment and use of instruments–

(i) the principles of construction and practical tests in adjustment and use of all instruments required in modern field practice and office use; and

(ii) a practical test in the use of the stereoscope for field examination of aerial photographs, and the application of aerial photographs to mapping; and

(b) field practice, including–

(i) the survey of an area for title purposes, including the preparation of a plan from the field notes of the survey, under the supervision of the Board; and

(ii) the practical levelling of a section at least 400 m in length; and

(iii) field astronomy being the practical determination of not less than two of the following–

(A) azimuth; and

(B) time; and

(C) latitude.

(6) An oral test in the practice of surveying shall be conducted by the Board.

(7)^{[18] [19]}The subjects for practical examination are, in the case of a certified measurer–

(a) adjustment and the use of instruments; and

(b) determination of variation of the candidate’s compass from Grid North and any differences from Magnetic North at the place of examination; and

(c) field practical survey, under supervision, of a test traverse that the Board prescribes and preparation of a plan from the field notes of that survey; and

(d) an oral test in the practice of surveying as expected from a certified measurer.

8. CERTIFICATE OF COMPETENCY FOR SURVEYORS.

^[20](1)^{[21] [22]}For the purposes of this section, “field service” includes a minimum of six months on title boundary definition work where boundary re-establishment is an essential part of the survey.

(2) A certificate of competency in Form 8 shall be awarded to a person who has successfully completed–

(a)^[23] the course leading to the award of the Degree in Surveying by the Papua New Guinea University of Technology; and

(b) subsequently to that course, two years field service under articles to registered surveyor,

and has passed examinations by the Board in accordance with Section 7.

(3) Where the Board is satisfied that a candidate has completed field service during training equivalent to the field service or part of the field service required by Subsection (2)(b), the Board may exempt the candidate from some or all of the field service specified in that subsection.

(4) A certificate of competency awarded under this section is the prescribed certificate of competency for the purposes of Section 18(1)(a) of the Act.

8A. CERTIFICATE OF COMPETENCY FOR CERTIFIED MEASURERS.

^[24](1) A certificate of competency in Form 8A, as a certified measurer, shall be awarded to a person who has successfully completed–

(a) the course leading to the award of Diploma in Surveying by the University of Technology or an equivalent qualification acceptable by the Board; and

(b) during or subsequently to completing that course or equivalent qualification, one year field service under an agreement for training,

and has passed examinations by the Board in accordance with Section 7.

(2) Where the Board is satisfied that a candidate has completed field service during training equivalent to the field service or part of the field service required by Subsection (1)(b), the Board may exempt the candidate from all or some of the field services specified in that subsection.

(3) Where an application for a certificate is received, within two years commencing on the date of the coming into operation of the Act, the applicant–

(a) has educational qualifications acceptable to the Board; and

(b) can show evidence of not less than five years of practical experience in surveying acceptable to the Board; and

(c) has passed examinations by the Board in accordance with Section 7; and

(d) has passed any written examination as the Board may require,

the certificate of competency in form 8A shall be awarded to that applicant.

(4) A Certificate of competency awarded under this section is the prescribed certificate of competency for the purposes of Section 19B.

9. PARTICULARS TO BE ENTERED IN REGISTER.

For the purposes of Section 17(1)(f) of the Act, in addition to the particulars specified in that subsection the Registrar shall enter in the Register of Surveyors the date and place of birth of the person authorized by the Board to be registered.

9A. PLANS TO BE SUBMITTED TO REGISTRY.

^[25](1) Plans of all surveys that–

(a) are carried out under directions given by the Surveyor General under Section 37 of the Act; or

(b) are carried out in relation to surveys of the boundaries of, or for the purposes of the establishment or determination of titles to land, and other surveys authorized by the Surveyor General,

shall be lodged in the Plan Register.

(2) Fees payable for lodgement of plans deposited in the Plan Register shall be as specified in Schedule 2.

10. FORM OF CERTIFICATE OF REGISTRATION.

^[26]For the purposes of the Act–

(a) a certificate of registration under Section 17(3) shall be in Form 9; and

(b) a certificate of registration under Section 19A(3) shall be in Form 9A.

11. LETTER OF RECOMMENDATION FOR RECIPROCATING COUNTRY, ETC.

Where the Board enters into a reciprocal arrangement with the surveyors board or other competent authority in any other country or place under Section 22 of the Act, it may issue a letter of recommendation in Form 10 to any registered surveyor in Papua New Guinea who wishes to apply for registration as a surveyor in that country or place.

12. PRESCRIBED PROFESSIONS.

For the purposes of Section 40 of the Act, the professions of Surveying, Engineering, Architecture and Physical Planning are prescribed professions.

13. SCALE OF FEES..

The rates of survey fees to be paid for surveying services provided by or on behalf of the State are the fees specified in the Code of Ethics of the Association of Surveyors of Papua New Guinea under Section 36 of the Act.

14. WITNESSES’ FEES.

For the purposes of Section 50 of the Act, the prescribed scale of witnesses’ fees and allowances is the scale of witnesses’ expenses from time to time prescribed by the District Courts Regulation 1963.

SCHEDULE 1

PAPUA NEW GUINEA.

Survey Act 1969.

Form 1 – ARTICLES OF CADETSHIP.

Reg., Sec. 3(1). Form 1.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 1A – Agreement of Training.

Reg. Sec. 3A. Form 1A.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 2 – Application for Registration of Articles of Cadetship/Assignment of Articles.

Reg., Sec. 3(2), 4(1). Form 2.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 2A – Application for Registration of Agreement for Training/Assignment of Agreement.

Reg. Sec. 3A(2), 4(A). Form 2A.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 3 – Assignment of Articles of Cadetship.

Reg., Sec. 4. Form 3.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 3A – Assignment of Agreement for Training.

Reg., Sec 4A. Form 3A.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 4 – Application for Registration as a Registered Surveyor.

Reg., Sec. 5. Form 4.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 4A – ^[27]Application for Registration as a Certified Measurer.

Reg., Sec. 5A. Form 4A.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 5 – Certificate of Service.

Reg., Sec. 7(1)(a). Form 5.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 5A – ^[28]Certificate of Service.

Reg., Sec. 7(1)(a). Form 5A.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 6 – Certificate under Regulation Sec. 7(3).

Reg., Sec. 7(3). Form 6.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 6A – ^[29]Certificate under Regulation Sec. 7(7).

Reg., Sec. 7(1)(a). Form 6A.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 7 – Certificate under Regulation Sec. 7(4).

Reg., Sec. 7(4). Form 7.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 8 – Certificate of Competency.

Reg., Sec. 8(2). Form 8.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 8A – ^[30]Certified Measurer.

Reg., Sec. 8A. Form 8A.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 9 – Certificate of Registration of Registered Surveyor.

Reg., Sec. 10. Form 9.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 9A – ^[31]Certificate of Registration of Certified Measurer.

Reg., Sec. 10. Form 9A.

PAPUA NEW GUINEA.

Survey Act 1969.

Form 10 – Letter of Recommendation.

Act, Sec. 22. Form 10.Reg., Sec. 10.

SCHEDULE 2 – FEES.

^[32]Act, Sec. 18, 19, 39A(4)Reg., Sec. 2.

Office of Legislative Counsel, PNG

1. ^[1]Section 1 (definition of “agreement for training”) added by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s1(a).
2. ^[2]Section 1 (definition of “Register of Trainee Measurers”) added by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s1(b).
3. ^[3]Section 1 (definition of “trainee</”) added by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s1(b).
4. ^[4]Section 3(1)(a) amended by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s2(a).
5. ^[5]Section 3(1)(b) amended by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s2(b).
6. ^[6]Section 3A added by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s3.
7. ^[7]Section 4A added by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s4.
8. ^[8]Section 5 amended by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s5.
9. ^[9]Section 5A added by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s6.
10. ^[10]Section 6A added by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s7.
11. ^[11]Section 7(1) amended by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s8(a).
12. ^[12]Section 7(1) amended by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s8(a).
13. ^[13]Section 7(1)(b) repealed and replaced by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s8(b).
14. ^[14]Section 7(1)(c) amended by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s8(c).
15. ^[15]Section 7(2)(a) amended by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s8(d)(i).
16. ^[16]Section 7(2)(b) replaced by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s8(f).
17. ^[17]Section 7(2)(d) added by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s8(d)(ii).
18. ^[18]Section 7(7) added by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s8(e).
19. ^[19]Section 7(7) added by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s8(e).
20. ^[20]Section 8 amended by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s9(a).
21. ^[21]Section 8(1) repealed and replaced by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s9(b).
22. ^[22]Section 8(1) repealed and replaced by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s9(b).
23. ^[23]Section 8(2)(a) amended by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s9(c).
24. ^[24]Section 8A added by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s10.
25. ^[25]Section 9A added by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s11.
26. ^[26]Section 10 replaced by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s12.
27. ^[27]Form 4A inserted by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s13(d).
28. ^[28]Form 5A inserted by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s13(e).
29. ^[29]Form 6A inserted by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s13(f).
30. ^[30]Form 8A inserted by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s13(g).
31. ^[31]Form 9A inserted by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s13(h).
32. ^[32]Schedule 2 replaced by Survey (Amendment) Regulation 1989 (No. 1 of 1989), s14; amended by Survey (Amendment) Regulation 1994 (No. 8 of 1994).