LAND SURVEYORS ACT

ARRANGEMENT OF SECTIONS

PART I
Interpretation

   1   Short title

   2   Interpretation

 

PART II
Qualifications for and Control of 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

   11   Functions of the Board

   12   Application by apprentice to be examined

   13   Application for certificate

   14   Issue of commission

   15   Registers

   16   [Deleted by Act 16 of 2005 s 16.]

   17   Surveyor's signature on plan

   18   Incorrect plan

   19   Apprentice not to open line alone

   20   Constitution of Land Surveyors Disciplinary Committee

   21   Powers of the Committee

   22   Powers of Board on receipt of report

   23   Publication of grant, cancellation or suspension

   24   Legal representation

   25   Appeal

 

PART III
Powers of surveyor and procedure for-survey

   26   Power to enter land

   27   Notice of survey

   28   Fresh notices

   29   Notice of objection

   30   Power of Director of Surveys to arbitrate

   31   Power to make traverses

   32   Surveys and plans to be in accordance with regulations

   33   Plans to be checked

 

PART IV
Miscellaneous

   34   Unavoidable damage

   35   Fees

      Use of the designation "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 s surveyor, etc

   37   Destroying marks, etc

   38   Damaging instruments

   39   Obstructing surveyor

   40   Falsifying a survey

   41   Frivolous notices of objection

   42   Recovery of penalties

 

PART VI
Regulations

   43   Regulations

 

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 LAND SURVEYORS ACT

[Date of Commencement: 1st August, 1944]

Cap 211.

Law 12 of 1957

Acts
4 of 1969,
25 of 1979,
16 of 2005.

1   Short title

   This Act may be cited as the Land Surveyors Act.

PART I
Interpretation (section 2)

2   Interpretation

   In this Act-

      "approved surveyor" means a surveyor who-

   (a)   has been in full -time practice fro 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

   (d)   is not in the service of the Government (other than as an authorised officer) or any Local Authority;

[16/2005 s 2(a).]

   "authorised officer" means an officer in the service of Government for the time being authorised by the Minister by instrument in writing to take trainees;

[4/1969 s 2(b); 16/2005 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 Officer" means the Chief Executive Officer of the National Works Agency;

[16/2005 s 2(c).]

   "the Committee" means the Land Surveyors Disciplinary Committee constituted by section 20;

   "final examination" means the examination referred to in section 11;

   "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:

[4/1969 s 2(a).]

   "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 functions of the aforesaid Association;

[4/1969 s 2(b).]

   "local Authority" means the Kingston and St. Andrew Corporation, or any Parish Council or the Jamaica Railway Corporation;

[4/1969 s 2(b).]

   "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;

[16/2005 s 2(d).]

   "preliminary examination" means the examination referred to in sub-paragraph (i) of paragraph (c) of subsection (1) of section 3;

   "prescribed" means prescribed by regulations made under this Act;

      "student surveyor" means-

   (a)   a trainee;

   (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);

[25/1979 s 2; 16/2005 s 2(e).]

   "survey technician" means a person who-

   (a)   holds a certificate in land surveying from the University of Technology, 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;

[16/2005 s 2(e).]

   "surveyor" means any person commissioned to act as a surveyor of land under this Act;

   "trainee" means a person who-

   (a)   holds a diploma in land surveying from the University of Technology, Jamaica; or

   (b)   possesses any other qualification approved by the Board,

and is attached to an approved surveyor or an authorised officer, for a period determined by the Board, in order to acquire practical experience;

[16/2005 s 2(f).]

   "traverse" means measurements of angles or bearings, and distances, between points on the ground.

PART II
Qualifications for and Control of trainees and surveyors (sections 3-25)

3   Qualification for surveyors

   (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-

[25/1979 s 3(a).]

   (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, or

[4/1969 s 3(a); 16/2005 s 4(a).]

   (b)   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;

[25/1979 s 3(b); 16/2005 s 4(b).]

   (c)   possesses such other qualifications as may be approved by the Board, or

[25/1979 s 3(c); 6/2005 s 4(c).]

   (d)   (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 an trainee to an authorised officer or to a surveyor in this Island and throughout such term has studied and practised the science of surveying, and

[4/1969 s 3(b) and (c); 25/1979 s 3(c); 16/2005 s 4(d).]

         (ii)   has, after the expiration of such term of service or within twelve months prior to such expiration, passed the final examination:

[4/1969 s 3(d).]

   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 may be prescribed and, if so required by the Board, has carried out cadastral surveys as an assistant to a surveyor for a minimum period of six months, and has gained the necessary practical experience;

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