Surveyors Regulation 2024

1Short title

This regulation may be cited as the Surveyors Regulation 2024.

2Commencement

This regulation commences on 1 September 2024.

3Membership of board—Act, s 12

(1)This section states requirements for section 12(2) of the Act.

(2)The board must consist of—

(a)4 cadastral surveyors; and

(b)1 other cadastral surveyor employed in the department; and

(c)1 surveyor with a mining registration endorsement; and

(d)1 other surveyor; and

(e)2 other individuals who represent the interests of the community generally in the conduct and practice of the profession.

(3)A surveyor may be appointed as a member only if—

(a)the surveyor has been registered as a surveyor for periods totalling at least 5 years; and

(b)for a surveyor mentioned in subsection (2)(a), (b) or (c)—the surveyor has held the registration endorsement mentioned in that subsection for periods totalling at least 5 years.

(4)In this section—

mining registration endorsement means any of the following registration endorsements—

(a)mining open cut (O);

(b)mining underground coal (UC);

(c)mining underground metalliferous (Mining UM).

4Criteria for registration as emeritus surveyor—Act, s 36

(1)For section 36(3)(c) of the Act, the criteria prescribed are—

(a)the individual has been registered as a surveyor under the Act, the repealed Act or a corresponding law—

(i)for at least 25 consecutive years; or

(ii)for periods the board is satisfied are at least equivalent to the period mentioned in subparagraph (i); and

(b)the individual has given the board a written statement notifying the board that the individual has retired from surveying practice; and

(c)if the individual is the cadastral surveyor responsible for the survey quality of a relevant plan of survey—the individual has—

(i)authorised another person to take the action mentioned in the Survey and Mapping Infrastructure Act 2003, section 32(1) for the survey; and

(ii)given the board a copy of the authorisation.

(2)In this section—

relevant plan of survey means a plan of survey that—

(a)is to be registered under the Land Act 1994 or the Land Title Act 1994; or

(b)is required for a purpose under the Mineral Resources Act 1989.

5Insurance cover—Act, ss 36 and 38

For sections 36(2)(c)(ii)(A) and 38(2)(c) of the Act, the insurance cover prescribed is professional indemnity insurance for at least $2m.

6Application for competency assessment—Act, s 44

For section 44(2) of the Act, the way prescribed is making the application in the approved form.

7Particulars for register—Act, s 68

(1)For section 68(3) of the Act, the following particulars for each registrant are prescribed—

(a)the registrant’s name;

(b)the registrant’s address (including business and postal addresses);

(c)the type of registration held by the registrant;

(d)the day the registrant was first registered for the registrant’s current type of registration under the Act, the repealed Act or a corresponding law;

(e)the day the registrant’s registration expires;

(f)any registration endorsements held by the registrant;

(g)the day any registration endorsements held by the registrant expire;

(h)for a registrant that is a corporation—

(i)the name of an employee or executive officer of the corporation who holds a registration endorsement as a consulting surveyor; and

(ii)if the corporation holds another registration endorsement other than as a consulting surveyor—the name of an employee or executive officer of the corporation who holds the other registration endorsement;

(i)if a professional conduct review panel takes disciplinary action against the registrant under section 91 of the Act—details of the disciplinary action;

(j)if QCAT takes disciplinary action against the registrant under section 119 of the Act—details of the disciplinary action, other than the details mentioned in section 127(2) of the Act.

(2)For subsections (1)(i) and (j), the details must be included in the publicly available part of the register for the following period—

(a)if QCAT imposes a disciplinary condition on the registrant’s registration—the period the disciplinary condition is in force;

(b)if a professional conduct review panel or QCAT decides disciplinary action taken against the registrant must be included in the publicly available part of the register for a stated period—the stated period.

8Notice of change in circumstances—Act, s 72

For section 72(1) of the Act, the following changes in a registrant’s circumstance are prescribed—

(a)a change of the registrant’s name;

(b)a change of the registrant’s address (including business and postal addresses);

(c)a change of a registration endorsement held by the registrant;

(d)for a registrant that is a corporation—a change of the name of the employee or executive officer of the corporation that is contained in a register under section 7(1)(h)(i) or (ii) for the corporation.

9Title for holder of registration endorsement for cadastral surveys—Act, s 192

A cadastral surveyor may use the title ‘registered surveyor—land’.

10Fees

The fees payable under the Act are stated in schedule 1.

11Repeal

The Surveyors Regulation 2014, SL No. 183 is repealed.

12Definition for division

In this division—

repealed regulation means the repealed Surveyors Regulation 2014.

13Membership of board—surveyor directly involved in teaching surveying

(1)This section applies if, immediately before the commencement, a member of the board was a surveyor directly involved in teaching surveying.

(2)Despite section 3 of this regulation, the repealed regulation, section 1A continues to apply until the member’s term of office ends as if this regulation had not been made.

14Insurance cover for existing consulting surveyors

(1)This section applies if, immediately before the commencement—

(a)a registrant held a registration with a registration endorsement as a consulting surveyor; and

(b)the registrant satisfied section 36(2)(c)(ii) or 38(2)(c) of the Act.

(2)Despite section 5 of this regulation, the repealed regulation, section 3 continues to apply in relation to the registrant until the end of the term of the registration as if this regulation had not been made.

(3)Subsection (2) stops applying if, before the end of the term of the registration—

(a)the registrant stops satisfying section 36(2)(c)(ii) or 38(2)(c) of the Act; or

(b)the registration or registration endorsement as a consulting surveyor is cancelled under section 63 of the Act; or

(c)the registrant surrenders the registration or registration endorsement as a consulting surveyor under section 67 of the Act.

15Existing applications for registration endorsement, or renewal of registration endorsement, as consulting surveyor

(1)This section applies if—

(a)before the commencement, either of the following applications was made but not decided—

(i)an application for a registration endorsement as a consulting surveyor;

(ii)an application for renewal of a registration endorsement as a consulting surveyor; and

(b)immediately before the commencement, the applicant satisfied section 36(2)(c)(ii) or 38(2)(c) of the Act.

(2)Despite section 5 of this regulation, the repealed regulation, section 3 continues to apply in relation to the applicant, as if this regulation had not been made, until the later of the following events to happen—

(a)the application is decided;

(b)if the application is granted—the end of the term for which the registration endorsement is granted or renewed (the new term).

(3)Subsection (2) stops applying if, before the application is decided, the applicant stops satisfying section 36(2)(c)(ii) or 38(2)(c) of the Act.

(4)Also, if the application is granted, subsection (2) stops applying if, before the end of the new term—

(a)the applicant stops satisfying section 36(2)(c)(ii) or 38(2)(c) of the Act; or

(b)the registration endorsement is cancelled under section 63 of the Act; or

(c)the registrant surrenders the registration endorsement under section 67 of the Act.

section 10