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Land Surveyors Act 1991 — PART 2: LAND SURVEYORS BOARD

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Part of a comprehensive analysis of the Land Surveyors Act 1991

All Parts in This Series

  1. PART 1
  2. PART 2 (this article)
  3. PART 3
  4. PART 4
  5. PART 5
  6. PART 6
  7. PART 7
  8. PART 8
  9. Part 1
  10. Part 2
  11. Part 3

Establishment and Composition of the Land Surveyors Board

The Land Surveyors Act 1991 establishes the Land Surveyors Board as a corporate body vested with legal personality and powers akin to a corporate entity. This foundational provision ensures that the Board can function independently and effectively in regulating the surveying profession in Singapore.

"The Board consists of the following members to be appointed by the Minister:... The functions of the Board are — (a) to keep and maintain a register of surveyors, an annual register of practitioners and an annual register of licensees; (b) to hold, or arrange for the holding of, any examinations and professional interviews that the Board considers necessary for the purpose of enabling persons to qualify for registration under this Act; (c) to approve or reject applications for registration under section 12 or to approve any such applications subject to any restrictions that it thinks fit to impose; (d) to establish, maintain and develop the standard of professional conduct and ethics of the surveying profession; (e) to promote learning and education in connection with the profession of surveying; (f) to hear and determine disputes relating to professional conduct or ethics of registered surveyors or licensed corporations, partnerships or limited liability partnerships; (g) to appoint arbitrators for the purpose of hearing and determining disputes between registered surveyors, licensed corporations, partnerships or limited liability partnerships and other persons; (h) to license corporations, partnerships and limited liability partnerships which supply survey services in Singapore; (ha) to negotiate and implement any mutual recognition arrangement; and (i) generally to do all acts, matters and things that are necessary to be carried out under the provisions of this Act." — Section 4(1), 4(2), 7(1)

Verify Section 4 in source document →

This provision exists to provide the Board with a clear mandate and structure, ensuring that it can regulate the profession comprehensively. The Minister’s role in appointing members ensures governmental oversight and accountability, while the Board’s corporate status allows it to engage in legal and commercial activities necessary for its functions.

Functions and Powers of the Board

The Board’s functions are extensive and designed to maintain high professional standards within the surveying industry. These include maintaining registers, conducting examinations, approving registrations, setting ethical standards, promoting education, resolving disputes, licensing entities, and facilitating mutual recognition arrangements.

"The functions of the Board are — (a) to keep and maintain a register of surveyors, an annual register of practitioners and an annual register of licensees; (b) to hold, or arrange for the holding of, any examinations and professional interviews that the Board considers necessary for the purpose of enabling persons to qualify for registration under this Act; (c) to approve or reject applications for registration under section 12 or to approve any such applications subject to any restrictions that it thinks fit to impose; (d) to establish, maintain and develop the standard of professional conduct and ethics of the surveying profession; (e) to promote learning and education in connection with the profession of surveying; (f) to hear and determine disputes relating to professional conduct or ethics of registered surveyors or licensed corporations, partnerships or limited liability partnerships; (g) to appoint arbitrators for the purpose of hearing and determining disputes between registered surveyors, licensed corporations, partnerships or limited liability partnerships and other persons; (h) to license corporations, partnerships and limited liability partnerships which supply survey services in Singapore; (ha) to negotiate and implement any mutual recognition arrangement; and (i) generally to do all acts, matters and things that are necessary to be carried out under the provisions of this Act." — Section 4(2), 7(1)

Verify Section 4 in source document →

The purpose of these functions is to ensure that the surveying profession operates with integrity, competence, and accountability. Maintaining registers and conducting examinations safeguard the quality of practitioners, while dispute resolution mechanisms uphold professional ethics. Licensing entities and mutual recognition arrangements facilitate industry regulation and international cooperation.

Procedures, Meetings, and Governance of the Board

The Act empowers the Board to determine its own procedures, subject to the provisions of the Act and the Public Sector (Governance) Act 2018. This flexibility allows the Board to operate efficiently and adapt to changing circumstances while maintaining compliance with overarching governance standards.

"Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Board may determine its own procedure." — Section 5(5)

Verify Section 5 in source document →

This provision exists to balance autonomy with accountability. By allowing the Board to set its procedures, the Act promotes operational efficiency. However, referencing the Public Sector (Governance) Act 2018 ensures that the Board’s governance aligns with public sector standards, promoting transparency and good governance.

Appointment and Role of the Registrar and Other Officers

The Act mandates the appointment of a chief executive officer known as the Registrar, whose appointment and removal are governed by the Public Sector (Governance) Act 2018. The Registrar is responsible for the day-to-day administration of the Board’s functions.

"There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal must be in accordance with the Public Sector (Governance) Act 2018." — Section 8(1)

Verify Section 8 in source document →

"The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Registrar..." — Section 8(2)

Verify Section 8 in source document →

This arrangement ensures that the Registrar is appointed through a transparent and accountable process consistent with public sector governance principles. The Registrar’s role is critical for implementing the Board’s policies and managing its administrative functions effectively.

Registers and Public Inspection

The Board is tasked with maintaining several registers, including those of registered surveyors, practitioners, and licensees. These registers are to be kept up-to-date and made available for public inspection, promoting transparency and public confidence in the profession.

"The Board consists of the following members to be appointed by the Minister:... The functions of the Board are — (a) to keep and maintain a register of surveyors, an annual register of practitioners and an annual register of licensees;" — Section 4(1)

Verify Section 4 in source document →

The maintenance and public availability of these registers serve to verify the credentials of professionals and entities in the surveying industry. This transparency deters unqualified practice and enhances consumer protection.

Absence of Penalties in Part 2

Notably, Part 2 of the Land Surveyors Act 1991 does not specify penalties for non-compliance with its provisions. This suggests that Part 2 primarily focuses on the establishment, governance, and functions of the Board rather than enforcement mechanisms.

"No provisions relating to penalties for non-compliance appear in Part 2." — Entire Part 2

Verify source in source document →

The absence of penalties in this Part underscores the legislative intent to separate regulatory functions from enforcement provisions, which may be found in other parts of the Act or related legislation. This structural approach allows for clear delineation of responsibilities within the Act.

Cross-References to Other Legislation

The Act cross-references the Public Sector (Governance) Act 2018 concerning the appointment and removal of the Registrar and the Board’s procedural rules. It also references Section 12 of the Land Surveyors Act for registration applications, ensuring coherence within the legislative framework.

"Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Board may determine its own procedure." — Section 5(5)

Verify Section 5 in source document →

"There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal must be in accordance with the Public Sector (Governance) Act 2018." — Section 8(1)

Verify Section 8 in source document →

"The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Registrar..." — Section 8(2)

Verify Section 8 in source document →

"to approve or reject applications for registration under section 12 or to approve any such applications subject to any restrictions that it thinks fit to impose;" — Section 7(1)(c)

Verify Section 7 in source document →

These cross-references ensure that the Board’s operations are aligned with broader public sector governance standards and that registration processes are consistent within the Act’s framework.

Conclusion

Part 2 of the Land Surveyors Act 1991 establishes a robust framework for the governance and regulation of the surveying profession in Singapore. By creating the Land Surveyors Board as a corporate body with clearly defined functions, powers, and procedures, the Act ensures professional standards are maintained. The integration with the Public Sector (Governance) Act 2018 further enhances accountability and transparency. Although Part 2 does not address penalties, its provisions lay the essential groundwork for effective professional regulation.

Sections Covered in This Analysis

  • Section 4(1), 4(2), 7(1) – Establishment, functions, and powers of the Board
  • Section 5(5) – Board’s procedural autonomy subject to governance standards
  • Section 7(1)(c) – Approval or rejection of registration applications
  • Section 8(1), 8(2) – Appointment and duties of the Registrar
  • Entire Part 2 – Definitions, penalties, and overall framework

Source Documents

For the authoritative text, consult SSO.

Written by Sushant Shukla
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