Licensed Surveyors (Licensing and Registration) Regulations 1990
Western Australia
Licensed Surveyors (Licensing and Registration) Regulations 1990
Contents
Part 1 — Preliminary
Citation 1
Commencement 1
Terms used 1
Part 2 — Professional training agreements
Professional training agreements 2
Registration of professional training agreement 3
Register of professional training agreements 3
Transfer of professional training agreements 3
Board may reduce period of professional training 4
Extension of professional training agreement 4
Part 3 — Examinations
Examinations 5
Examinations conducted by reciprocating States and countries 6
Equivalent experience or qualifications 6
Examinations 6
Part 4 — Certificates, registration and licences
Certificate of competency 8
Application for registration 8
Application by person licensed in reciprocating State or country 8
Form of licence 9
Letter of accreditation 9
18A. Standard periods 9
18B. Applications for issue and renewal of practising certificates 9
18D. Form of practising certificates 10
18E. Issue of replacement certificates and licences 10
Part 5 — Professional indemnity insurance
18F. Term used: complying policy 11
18G. Complying policies 11
18H. Complying policy may be held by employer 12
18I. Complying policy necessary for practising certificate 12
18J. Complying policy necessary to make authorised surveys 13
18K. Holder of practising certificate must give notice of not being covered by complying policy 13
18L. Board may order holder to give notice and evidence of complying policy 14
18M. Suspension of practising certificate for not being covered by complying policy 14
Part 6 — Fees
Fees 16
Part 7 — Repeal and savings and transitional provisions
Repeal 17
Savings and transitional 17
Schedule 1 — Fees
Schedule 2
Notes
Compilation table 28
Other notes 29
Defined terms
Licensed Surveyors Act 1909
Licensed Surveyors (Licensing and Registration) Regulations 1990
Part 1 — Preliminary
[Heading inserted: SL 2024/216 r. 4.]
1. Citation
These regulations may be cited as the Licensed Surveyors (Licensing and Registration) Regulations 1990.
[Regulation 1 amended: Gazette 4 Apr 1997 p. 1761.]
2. Commencement
These regulations shall come into operation on 1 March 1990.
3. Terms used
In these regulations, unless the contrary intention appears —
Form means a form in Schedule 2;
professional training agreement means an agreement for the performance of field service referred to in regulation 4;
supervising surveyor means a licensed surveyor who undertakes to provide training under a professional training agreement under regulation 4.
Part 2 — Professional training agreements
[Heading inserted: SL 2024/216 r. 5.]
4. Professional training agreements
(1) Subject to these regulations the period of field service referred to in section 9(1)(b) of the Act —
(a) shall be performed under a professional training agreement; and
(b) subject to these regulations, shall be for a period of 24 months.
(2) The parties to an agreement for professional training shall be a supervising surveyor and the person who desires to obtain a certificate of competency.
(3) A person is not eligible to be a supervising surveyor for the purposes of an agreement for professional training unless that person is a natural person who is a licensed surveyor of not less than 2 years standing.
(4) A person is not eligible to enter into service under a professional training agreement unless that person has been awarded or is entitled to be awarded a degree, diploma, certificate or licence granted in or outside this State by some university, institute of technology, college or other public educational institution that is recognised by the Board for the purposes of section 9(1)(b) of the Act.
(5) A supervising surveyor shall not —
(a) enter into more than one professional training agreement in any period of 12 months; or
(b) have more than 2 persons undertaking field service under a professional training agreement with him or her at the same time,
without the approval of the Board.
(6) A professional training agreement shall specify the training to be provided under the agreement.
5. Registration of professional training agreement
(1) A copy of a professional training agreement shall be forwarded to the Board not later than 6 months after the date of its execution.
(2) If the Board is of the opinion that —
(a) the person being trained under a professional training agreement is not eligible to enter into the professional service agreement; or
(b) the training to be provided under a professional training agreement is not satisfactory,
the Board shall not register the agreement.
(3) Where the Board refuses to register a professional training agreement the professional training agreement ceases to have effect for the purposes of these regulations.
(4) A copy of a professional training agreement forwarded under subregulation (1) shall be accompanied by the relevant fee specified in Schedule 1.
[Regulation 5 amended: Gazette 4 Apr 1997 p. 1761.]
6. Register of professional training agreements
The secretary shall maintain a register of professional training agreements and shall enter therein such particulars as are directed by the Board.
7. Transfer of professional training agreements
(1) A professional training agreement may with the consent of all the parties to the agreement and with the approval of the Board be assigned to another supervising surveyor.
(2) The person undertaking training under the professional training agreement to be assigned under subregulation (1) shall pay to the Board the relevant fee specified in Schedule 1.
[Regulation 7 amended: Gazette 4 Apr 1997 p. 1761‑2.]
8. Board may reduce period of professional training
(1) A person undertaking training under a professional training agreement may apply to the Board for a reduction of the period to be served under the professional training agreement.
(2) An application under subregulation (1) shall be accompanied by such evidence as is necessary to support the application.
(3) Subject to subregulation (4), where the Board is satisfied that an applicant under this regulation has gained practical experience in surveying under the educational qualifications obtained by that person or otherwise the Board may direct that the period of service to be served by the applicant under his or her professional agreement be reduced to such term as the Board specifies and the period to be served by that person under the professional training agreement shall be reduced accordingly.
(4) The Board shall not reduce the period of service to be served under a professional training agreement to a period that is less than 6 months.
9. Extension of professional training agreement
Where the Board is of the opinion that the field service served under a professional training agreement has not provided training to a satisfactory standard or for any other reason the Board may of its own motion or on application by a party to a professional training agreement direct that the period of field service to be served shall be such further period as is specified by the Board subject to such conditions as are specified by the Board and the agreement shall be extended accordingly.
Part 3 — Examinations
[Heading inserted: SL 2024/216 r. 6.]
10. Examinations
(1) The examinations prescribed for the purposes of section 9(1)(b) of the Act shall consist of —
(a) a written examination in survey law; and
(b) practical examinations consisting of —
(i) projects set by the Board; and
(ii) field tests including use of instruments;
and
(c) a general oral examination.
(2) The Board may grant a credit for the examination referred to in subregulation (1)(a) to a person who passed an examination in a course that is in the opinion of the Board of an equivalent standard.
(3) The examination referred to in subregulation (1)(a) may be held at any time fixed by the Board.
(4) A person is not eligible to apply to sit for the examination referred to in subregulation (1)(b)(ii) or (1)(c) unless he or she has completed and lodged with the Board the projects set by the Board under subregulation (1)(b)(i).
(5) A person is not eligible to sit for the examination referred to in subregulation (1)(c) unless he or she has completed the period of field service prescribed under regulation 4 and has filed with the Board a completed certificate of field service in the form of Form 1.
11. Examinations conducted by reciprocating States and countries
If the Board is satisfied that a person has in any State or country with which reciprocal arrangements apply under section 10 of the Act passed any examination corresponding to an examination prescribed under regulation 10 the Board may credit the person with a pass in that examination.
12. Equivalent experience or qualifications
If the Board is satisfied that a person has experience or qualifications that are in the opinion of the Board equivalent to the experience or qualifications prescribed under regulation 10 the Board may credit that person with a pass in any examination prescribed under that regulation.
13. Examinations
(1) A person who desires to sit for an examination prescribed under regulation 10 shall apply to the Board not later than the date specified by the Board.
(2) An application under subregulation (1) shall be accompanied by the relevant fees specified in Schedule 1.
(3) The Board may refund any fee paid under subregulation (2) to any person who withdraws from an examination.
(4) Where the Board refuses to allow a person to sit for an examination the Board shall refund to that person or place to the credit of that person with the Board any fees paid by that person pursuant to subregulation (2).
(5) A person sitting for an examination referred to in regulation 10(1)(b)(ii) shall provide —
(a) his or her own instruments and equipment; and
(b) one field assistant who is not and has not been a licensed surveyor or a person who has previously passed that examination.
(6) An examiner may disqualify a person from sitting for or continuing with an examination if the examiner is satisfied that the conduct of that person whether before or during the examination has been improper to the extent that it is likely to affect the conduct of the examination.
[Regulation 13 amended: Gazette 4 Apr 1997 p. 1762.]
Part 4 — Certificates, registration and licences
[Heading inserted: SL 2024/216 r. 7.]
14. Certificate of competency
A certificate of competency issued under section 9(1) of the Act shall be in the form of Form 2.
15. Application for registration
(1) An application for a licence and registration under section 7 of the Act shall be in the form of Form 3.
(2) An application referred to in subregulation (1) shall be accompanied by —
(a) evidence that the applicant has attained the age of 21 years; and
(b) a copy of the certificate of competency issued to the applicant; and
(c) 2 testimonials attesting the applicant’s good fame and character; and
(d) evidence of the declaration made pursuant to section 7(c) of the Act; and
(e) the relevant fee specified in Schedule 1.
[Regulation 15 amended: Gazette 4 Apr 1997 p. 1762.]
16. Application by person licensed in reciprocating State or country
An application for the purposes of section 7 of the Act by a person licensed as a surveyor in a reciprocating State or country shall be accompanied by —
(a) evidence that the applicant is authorised to practise in that State or country and is not the subject of disciplinary proceedings in that State or country; and
(b) 2 testimonials attesting to the good fame and character of the applicant; and
(c) evidence to the satisfaction of the Board as to the applicant’s competency; and
(d) the relevant fee specified in Schedule 1.
[Regulation 16 amended: Gazette 4 Apr 1997 p. 1762.]
17. Form of licence
A licence for the purposes of section 7 of the Act shall be in the form of Form 4.
18. Letter of accreditation
The Board may on payment of the relevant fee specified in Schedule 1 issue to any person registered under the Act a letter of accreditation in the form of Form 5 certifying that the person referred to in the letter is at the time of the issue of the letter registered as a licensed surveyor under the Act.
[Regulation 18 amended: Gazette 4 Apr 1997 p. 1762.]
18A. Standard periods
For the purposes of the definition of standard period in section 3(1) of the Act, periods not exceeding one year, 2 years and 3 years, respectively, are prescribed.
[Regulation 18A inserted: Gazette 4 Apr 1997 p. 1762.]
18B. Applications for issue and renewal of practising certificates
(1) An application for the issue or renewal of a practising certificate must be accompanied by —
(a) the evidence referred to in regulation 18I; and
(b) the relevant fee specified in Schedule 1 item 8 or 9.
(2) An application for the issue of a practising certificate must be in the form of Form 6.
(3) An application for the renewal of a practising certificate must be accompanied by evidence that the requirements, if any, of section 11B of the Act in relation to the application have been complied with.
[Regulation 18B inserted: SL 2024/216 r. 8.]
[18C. Deleted: SL 2024/216 r. 8]
18D. Form of practising certificates
A practising certificate must be in the form of Form 7.
[Regulation 18D inserted: Gazette 4 Apr 1997 p. 1763; amended: SL 2024/216 r. 9.]
18E. Issue of replacement certificates and licences
(1) If the Board is satisfied that a certificate or licence has been lost or destroyed, it may issue a replacement certificate or licence on payment of the relevant fee specified in Schedule 1.
(2) In this regulation and in item 6 of Schedule 1 —
certificate means —
(a) certificate of competency issued under section 9 of the Act; or
(b) practising certificate.
[Regulation 18E inserted: Gazette 4 Apr 1997 p. 1763.]
Part 5 — Professional indemnity insurance
[Heading inserted: SL 2024/216 r. 10.]
18F. Term used: complying policy
In this Part —
complying policy has the meaning given in regulation 18G.
[Regulation 18F inserted: SL 2024/216 r. 10.]
18G. Complying policies
(1) A complying policy that covers a person is a policy of professional indemnity insurance that complies with this regulation.
(2) The insurance must indemnify the person against civil liability, including civil liability arising as a result of professional negligence, incurred in connection with the person practising as a licensed surveyor.
(3) The insurance must cover —
(a) claims made or notified during the period of insurance; and
(b) claims made after the period of insurance arising from circumstances notified during the period of insurance.
(4) The insurance must provide minimum coverage of $2 million for each claim under the insurance, inclusive of the claimant’s costs and defence costs.
(5) In addition to subregulation (4), the insurance must provide coverage that is appropriate to manage the risk associated with the person’s practice as a licensed surveyor during the period of insurance, taking into account the value of the work undertaken in the course of that practice.
[Regulation 18G inserted: SL 2024/216 r. 10.]
18H. Complying policy may be held by employer
(1) In this regulation —
employer, of a person, means an individual who, or a body corporate that, employs or otherwise engages the person to practise as a licensed surveyor (whether or not they employ or engage the person to do other things).
(2) If a person is covered by a complying policy, it does not matter whether the policy is held by —
(a) the person; or
(b) the person’s employer.
(3) However, a valid certificate of currency required to be given to the Board under regulation 18I or 18L must, if the complying policy is held by the employer of the person covered by the policy, be accompanied by written confirmation from the employer that the person is covered by the policy.
[Regulation 18H inserted: SL 2024/216 r. 10.]
18I. Complying policy necessary for practising certificate
(1) An application for the issue or renewal of a practising certificate must be accompanied by evidence that the applicant will be covered by a complying policy for the whole period during which the certificate will be in force.
(2) The evidence must be of a kind described in subregulation (3) or (4).
(3) The evidence may be a valid certificate of currency for a complying policy that covers the applicant for the whole period during which the practising certificate will be in force.
(4) Alternatively, the evidence may be —
(a) a valid certificate of currency for a complying policy that —
(i) covers the applicant at the time of application, or will cover the applicant at the start of the period during which the practising certificate will be in force; but
(ii) is due to expire when the practising certificate is in force;
and
(b) an undertaking by the applicant to ensure the applicant is covered by a complying policy for the whole period during which the practising certificate will be in force.
(5) The Board must not issue or renew a practising certificate unless the Board reasonably believes, having regard to the evidence accompanying the application, that the applicant will be covered by a complying policy for the whole period during which the certificate will be in force.
[Regulation 18I inserted: SL 2024/216 r. 10.]
18J. Complying policy necessary to make authorised surveys
A licensed surveyor must not make or attempt to make an authorised survey unless the licensed surveyor is covered by a complying policy.
Penalty: a fine of $1 000.
Note for this regulation:
In addition to this regulation, a person must not make an authorised survey unless the person is a licensed surveyor and the holder of a practising certificate. See section 16(3a) and (4) of the Act.
[Regulation 18J inserted: SL 2024/216 r. 11.]
18K. Holder of practising certificate must give notice of not being covered by complying policy
The holder of a practising certificate must give the Board written notice if the holder is not covered by a complying policy.
Penalty: a fine of $1 000.
[Regulation 18K inserted: SL 2024/216 r. 11.]
18L. Board may order holder to give notice and evidence of complying policy
(1) The Board may, by written order to the holder of a practising certificate, require the holder to give the Board, within the period specified in the order —
(a) written notice of whether the holder is covered by a complying policy; and
(b) if the written notice states that the holder is covered by a complying policy — a valid certificate of currency for the policy.
(2) The holder must comply with the order.
Penalty for this subregulation: a fine of $1 000.
[Regulation 18L inserted: SL 2024/216 r. 11.]
18M. Suspension of practising certificate for not being covered by complying policy
(1) The Board must suspend a practising certificate if the Board reasonably believes the holder of the certificate is not covered by a complying policy.
(2) Without limiting subregulation (1), the Board may reasonably believe the holder of a practising certificate is not covered by a complying policy if the holder —
(a) gives the Board written notice that the holder is not covered by a complying policy; or
(b) in response to an order requiring the holder to give the Board written notice of whether the holder is covered by a complying policy —
(i) gives the Board written notice that the holder is covered by a complying policy; but
(ii) does not give the Board a valid certificate of currency for the policy;
or
(c) does not comply in any other way with an order requiring the holder to give the Board written notice of whether the holder is covered by a complying policy.
(3) The Board may terminate the suspension if the Board reasonably believes the holder of the practising certificate is covered by a complying policy.
[Regulation 18M inserted: SL 2024/216 r. 11.]
Part 6 — Fees
[Heading inserted: SL 2024/216 r. 12.]
19. Fees
The fees specified in Schedule 1 are the fees to be paid to the Board in respect of the several matters specified in that Schedule.
[Regulation 19 amended: Gazette 4 Apr 1997 p. 1763.]
Part 7 — Repeal and savings and transitional provisions
[Heading inserted: SL 2024/216 r. 13.]
20. Repeal
The Regulations for the Examination and Registration of Licensed Surveyors 1 are repealed.
21. Savings and transitional
(1) Notwithstanding anything in these regulations and without affecting anything in the Interpretation Act 1984 —
(a) any agreement for field service, however described, in force under the repealed regulations on the commencement day shall continue in force as though the agreement were a professional training agreement under and subject to these regulations; and
(b) any course or examination prescribed under the repealed regulations that was commenced but not completed before the commencement day may be completed after that day as though the course or examination were a course or examination prescribed for the purposes of these regulations; and
(c) any examination passed under the repealed regulations before the commencement day by a person desiring to obtain a certificate of competency under section 7 of the Act shall be credited to that person for the purposes of obtaining a certificate of competency after that day.
(2) In subregulation (1) —
commencement day means the day on which these regulations come into operation;
repealed regulations means the regulations repealed by regulation 20.
Schedule 1 — Fees
[r. 5, 7, 13, 15, 16, 18, 18B, 18C, 18E and 19]
[Heading inserted: SL 2023/149 r. 4.]
Item
Matter
Fee
1.
Registration under regulation 5 of a professional training agreement
$53.25
2.
Application under regulation 7 for approval of assignment of a professional training agreement
$53.25
3.
Application under regulation 13 to enter examination
$101.40
4.
Examination fee under regulation 13 (for each examination or project)
$53.25
5.
Issue under regulation 18 of a letter of accreditation
$72.30
6.
Issue under regulation 18E of a replacement certificate or licence
$43.10
7.
Application under section 7 of the Act for a licence
$57.70
8.
Application for issue of a practising certificate —
(a) for first year —
(i) before 1 September
$181.30
(ii) on or after 1 September
$79.90
(b) for each subsequent year
$181.30
9.
Application for renewal of a practising certificate for each year
$181.30
10.
Application for renewal of a practising certificate made less than 30 days before the expiry of the practising certificate and dealt with under section 11A(6) of the Act
$181.30
11.
Inspection under section 12(2) of the Act of the register
$17.15
[Schedule 1 inserted: SL 2023/149 r. 4; amended: SL 2024/216 r. 14.]
Schedule 2
FORM 1
WESTERN AUSTRALIA
LICENSED SURVEYORS ACT 1909
CERTIFICATE OF PROFESSIONAL TRAINING
I, .........................................................................., a surveyor registered under the Licensed Surveyors Act 1909, hereby certify that ................................................ a registered surveying graduate —
(1) has been professionally and continuously employed with me in the practice of land surveying from ........................ to ........................... that is to say, for a period of ............. years and .................. months;
(2) has, during the said period, gained the following experience —
Length of time (in weeks) over which candidate has obtained practical experience under professional training agreement
Nature of practical experience obtained by candidate Office experience Field experience as a general assistant Field experience as an instrument operator Field experience as a party leader Total experience obtained
We, the Land Surveyors’ Licensing Board of Western Australia appointed for the examination of candidates for certificates as surveyors under the Licensed Surveyors Act 1909, certify that .................................... has passed all the examinations and fulfilled all the conditions prescribed.
Dated this .................................... day of .............................................. 20............
Office of the Land Surveyors’ Licensing Board, Perth 2.
[Form 2 amended: SL 2024/216 r. 15.]
FORM 3
WESTERN AUSTRALIA
LICENSED SURVEYORS ACT 1909
APPLICATION FOR REGISTRATION
I, .................................................... of ....................................................................
(full name) (address)
..................................................................................................... hereby apply for registration as a licensed surveyor under the Licensed Surveyors Act 1909.
Attached is evidence in support of this application.
Dated this .................................... day of ............................................... 20...........
This is to certify that ....................................................... has been registered as a licensed surveyor under the provisions of the Licensed Surveyors Act 1909.
Dated this .................................... day of ............................................... 20...........
Office of the Land Surveyors’ Licensing Board, Perth 2.
FORM 5
WESTERN AUSTRALIA
LICENSED SURVEYORS ACT 1909
LETTER OF ACCREDITATION
This is to certify that .................................................................. is the holder of a Certificate of Competency No. .................... dated ................................ 20 .......... and is registered to practise as a licensed surveyor in Western Australia.
Original Registration No. ................ dated .............................................. 20.........
Dated this .................................... day of ................................................. 20.........
Office of the Land Surveyors’ Licensing Board Cathedral Avenue, PERTH 2.
FORM 6
[Regulation 18B]
WESTERN AUSTRALIA
LICENSED SURVEYORS ACT 1909
APPLICATION FOR PRACTISING CERTIFICATE
I, ............................................................., a licensed surveyor under the Licensed Surveyors Act 1909, hereby apply for the issue under section 11A of the Act of a practising certificate having effect until 31 December .................. and transmit with this application the prescribed application fee of $........................................
Dated this .................................... day of .................................................. 20........
Signed .....................................................................
[Form 6 inserted: Gazette 4 Apr 1997 p. 1764.]
FORM 7
[Regulation 18D]
WESTERN AUSTRALIA
LICENSED SURVEYORS ACT 1909
PRACTISING CERTIFICATE
This is to certify that ....................................., a licensed surveyor under the Licensed Surveyors Act 1909, is entitled to make authorised surveys.
This practising certificate expires on 31 December 20..........
Dated and signed on behalf of the Land Surveyors’ Licensing Board this ............................................ day of ................................................... 20................
This is a compilation of the Licensed Surveyors (Licensing and Registration) Regulations 1990 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.