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Land Surveyors (Amendment) Bill

Bill No. 36/2004

Read the first time on 1st September 2004.

An Act to amend the Land Surveyors Act (Chapter 156 of the 2002 Revised Edition) and to make related and consequential amendments to the Boundaries and Survey Maps Act (Chapter 25 of the 1999 Revised Edition), the Land Titles Act (Chapter 157 of the 2004 Revised Edition) and the Land Titles (Strata) Act (Chapter 158 of the 1999 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Land Surveyors (Amendment) Act 2004 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Land Surveyors Act (referred to in this Act as the principal Act) is amended —

(a)

by deleting the definitions of “approved assistant surveyor”, “assistant surveyor” and “assurance plan”; and

(b)

by deleting the definition of “authorised surveyor” and substituting the following definition:

“ “authorised surveyor” means a surveyor who is employed by the Authority, whether or not registered under section 12;”.

Amendment of section 4

3. Section 4 of the principal Act is amended —

(a)

by deleting subsection (2) and substituting the following subsection:

“(2) The Board shall consist of the following members to be appointed by the Minister:

(a)	a President who shall be appointed from amongst the registered surveyors;
(b)	3 registered surveyors selected from a list of not less than 4 registered surveyors submitted by the Singapore Institute of Surveyors and Valuers; and
(c)	such other registered surveyors, not being more than 3, as the Minister may determine.”;

(b)

by deleting the words “(other than the Chief Surveyor or the Deputy Chief Surveyor)” in subsection (3);

(c)

by deleting the words “(c) or (d)” in the 2nd line of subsection (4);

(d)

by deleting paragraph (b) of subsection (4); and

(e)

by deleting the words “(c) or (d)” in subsection (8).

Amendment of section 10

4. Section 10 of the principal Act is amended —

(a)

by deleting subsection (1) and substituting the following subsection:

“(1) Subject to the provisions of this Act, no person shall certify to the correctness or accuracy of any survey unless he is an authorised surveyor or a registered surveyor, and has in force a practising certificate.”; and

(b)

by deleting paragraph (b) of subsection (4) and substituting the following paragraph:

“(b)	an authorised surveyor who has in force a practising certificate; or”.

Amendment of section 15

5. Section 15 of the principal Act is amended —

(a)

by deleting paragraph (b) of subsection (3) and substituting the following paragraph:

“(b)

such evidence as the Board may require that the applicant has complied with or is exempt from the rules relating to —

(i)	insurance against professional liability; and
(ii)	continuing professional development; and”;

(b)

by deleting paragraph (c) of subsection (4); and

(c)

by deleting subsection (11).

Repeal of Part VI

6. Part VI of the principal Act is repealed.

Amendment of section 22

7. Section 22 of the principal Act is amended —

(a)

by deleting the words “a corporation” in the 2nd line of subsection (1) and substituting the words “any limited corporation”;

(b)

by deleting paragraphs (c) and (d) of subsection (1) and substituting the following paragraph:

“(c)	the articles of association of the corporation provide that a prescribed number or proportion of the directors of the corporation shall be registered surveyors or allied professionals;”;

(c)

by deleting sub-paragraphs (i), (ii) and (iii) of subsection (1)(e) and substituting the following sub-paragraphs:

“(i)	is a registered surveyor who has in force a practising certificate; and
(ii)	is authorised under a resolution of the board of directors of the corporation to make all final survey decisions on behalf of the corporation with respect to the requirements of this Act, the rules or any other law relating to the supply of survey services by the corporation; and”;

(d)

by deleting subsection (2) and substituting the following subsection:

“(2) Subject to the provisions of this Act, the Board may grant a licence to any unlimited corporation to supply survey services in Singapore if —

(a)

the memorandum of association of the corporation provides that a primary object of the corporation is to supply survey services;

(b)

the articles of association of the corporation provide that —

(i)

no person shall be a director of the corporation unless he is either a registered surveyor or an allied professional; and

(ii)

no person shall be registered as a member of the corporation unless he is —

(A)	a registered surveyor or an allied professional, or a nominee of such a person; and
(B)	a director, a manager or an employee of the corporation; and

(c)

the business of the corporation, so far as it relates to survey work in Singapore, will be under the control and management of a director of the corporation who —

(i)	is a registered surveyor who has in force a practising certificate;
(ii)	is a member, or a registered owner of at least one share, of the corporation; and
(iii)	is authorised under a resolution of the board of directors of the corporation to make all final survey decisions on behalf of the corporation with respect to the requirements of this Act, the rules or any other law relating to the supply of survey services by the corporation.”;

(e)

by deleting the words “ordinarily resident in Singapore;” in subsection (3)(b);

(f)

by deleting the words “subsections (1)(c) and (2)(b) and (c)” in subsection (4)(a) and substituting the words “subsection (2)(b) and (c)”;

(g)

by deleting the words “subsection (1)(b), (c), (d)(ii), (e) and (f)” in subsection (4)(b) and substituting the words “subsection (1)(b), (c), (e) and (f)”; and

(h)

by inserting, immediately after subsection (8), the following subsection:

“(9) In subsection (1), “prescribed number or proportion of the directors” means —

(a)	a majority of the directors, where no number or proportion is specified under paragraph (b); or
(b)	such number or proportion of the directors as the Minister may, by notification in the Gazette, specify for the purposes of subsection (1).”.

Amendment of section 23

8. Section 23 of the principal Act is amended by deleting subsections (1) and (2) and substituting the following subsections:

“(1) It shall be a condition of every licence granted to any corporation or partnership that the corporation or partnership shall supply survey services in Singapore only under the control and management of a registered surveyor who has in force a practising certificate and who is —

(a)	in the case of a limited corporation, a director or an employee of the corporation;
(b)	in the case of an unlimited corporation which has a share capital, either a director or an employee of the corporation who is a registered owner of at least one share of the corporation;
(c)	in the case of an unlimited corporation which does not have any share capital, either a director or an employee of the corporation who is a member of the corporation; or
(d)	in the case of a partnership, a partner thereof.

(2) It shall be a condition of every licence granted to any corporation (other than an unlimited corporation) that the corporation shall not supply survey services in Singapore unless the corporation is insured in respect of professional liability in accordance with section 26 and the rules made under section 47.”.

Amendment of section 24

9. Section 24(1) of the principal Act is amended —

(a)

by deleting the word “or” at the end of paragraph (a);

(b)

by deleting the comma at the end of paragraph (b) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:

“(c)	any revocation of any resolution passed by the board of directors under section 22(1)(e)(ii) or (2)(c)(iii),”; and

(c)

by deleting the words “alteration or change” in the last line and substituting the words “alteration, change or revocation, as the case may be”.

Amendment of section 30

10. Section 30(1) of the principal Act is amended —

(a)	by deleting the words “section 40(1) or” in paragraph (e); and
(b)	by deleting the words “section 41(4)” in paragraph (k) and substituting the words “section 11E(4) of the Boundaries and Survey Maps Act (Cap. 25)”.

Amendment of section 32

11. Section 32(1) of the principal Act is amended by deleting the words “section 41(4)” in paragraph (j) and substituting the words “section 11E(4) of the Boundaries and Survey Maps Act (Cap. 25)”.

New sections 35A and 35B

12. The principal Act is amended by inserting, immediately after section 35, the following sections:

“Board may appoint legal counsel

35A. For the purposes of any investigation by an Investigation Committee, any hearing under section 30 or 32 by the Board or any appeal to the High Court under section 33, the Investigation Committee or the Board, as the case may be, may appoint an advocate and solicitor and pay him such remuneration as the Board may determine.

Costs and expenses

35B.—(1) Where the Board has made —

(a)	an order of cancellation of registration or suspension from practice under section 30 against a registered surveyor;
(b)	an order of revocation of a licence under section 32 against a corporation or partnership; or
(c)	an order imposing any pecuniary penalty on a registered surveyor under section 30(2) or on a corporation or partnership under section 32(2),

the Board may order the registered surveyor, corporation or partnership, as the case may be, to pay to the Board such sum as it thinks fit in respect of costs and expenses incurred by the Board.

(2) The High Court shall have the jurisdiction to tax any sum ordered by the Board under subsection (1), and such order shall be enforceable as if it were ordered in connection with a civil action in the High Court.

(3) The costs and expenses referred to in subsection (1) shall include —

(a)	the costs and expenses of any advocate and solicitor appointed under section 35A;
(b)	such reasonable expenses as the Board may pay to witnesses; and
(c)	such reasonable expenses as may be incurred by the Board in respect of the investigation by the Investigation Committee or in the conduct of proceedings before the Board or any appeal to the High Court.”.

Repeal of Part IX

13. Part IX of the principal Act is repealed.

Amendment of section 42

14. Section 42(1) of the principal Act is amended by deleting the words “(other than fees prescribed under section 47(3))” in the 2nd line.

Amendment of section 43

15. Section 43 of the principal Act is amended —

(a)	by inserting, at the end of paragraph (b)(i), the word “or”;
(b)	by deleting the word “; or” at the end of paragraph (b)(ii) and substituting a comma; and
(c)	by deleting sub-paragraph (iii) of paragraph (b).

Amendment of section 47

16. Section 47 of the principal Act is amended —

(a)

by deleting paragraph (b) of subsection (2) and substituting the following paragraph:

“(b)	prescribing the requirements relating to continuing professional development to be satisfied under this Act;”;

(b)

by deleting the words “register of approved assistant surveyors,” in subsection (2)(e);

(c)

by deleting paragraph (g) of subsection (2); and

(d)

by deleting subsection (3).

Related and consequential amendments to other written laws

17. The provisions of the Acts specified in the first column of the Schedule are amended in the manner set out in the second column thereof.

Transitional provisions

18. Notwithstanding section 3, every person who, immediately before the date of commencement of this Act, was the President or a member of the Board shall continue to hold office for a period of not more than 3 months from that date in such capacity until such time as the Minister appoints a President and members of the Board under the principal Act as amended by that section.