Statute Details
- Title: Land Surveyors Board Rules
- Act Code: LSA1991-R2
- Legislative Type: Subsidiary legislation (SL)
- Current Version: Current version as at 27 Mar 2026 (per the legislative portal status)
- Revised Edition: 2002 RevEd (31 January 2002)
- Authorising Act: Land Surveyors Act (Chapter 156, Section 40)
- Key Provisions (Extracted):
- Section 3: Registrar convenes Board meetings in accordance with section 5(1) of the Act.
- Section 4: Registrar gives at least 7 days’ notice of meetings to Board members.
- Section 5: Minutes are taken and kept by the Registrar; draft minutes circulated; confirmed minutes are evidence.
- Section 6: Order of business at meetings (with flexibility for urgency/convenience).
- Section 7: Voting by show of hands; division may be called and recorded.
- Section 8: Committees report proceedings and recommendations to the Board.
- Section 9: Controls on Board payments (approval by specified persons; limits on cash; cheque signing rules).
- Section 10: Registrar presents statements of accounts at each meeting.
- Section 11: Fees/remuneration for Registrar and appointed officers/employees as determined by the Board.
What Is This Legislation About?
The Land Surveyors Board Rules are procedural and governance rules made under the Land Surveyors Act. In practical terms, they set out how the Land Surveyors Board must run its meetings, keep records, make decisions, manage committees, and handle certain financial and administrative matters. While the Land Surveyors Act establishes the Board and its broader statutory functions, the Rules fill in the “how” for day-to-day governance.
These Rules are designed to ensure transparency and accountability in Board operations. They require formal notice for meetings, structured agendas, proper minute-taking and confirmation, and clear voting mechanisms. They also impose internal controls on payments made by or on behalf of the Board, including restrictions on cash payments and rules for cheque signing. In addition, they require regular financial reporting to the Board through statements of accounts presented at meetings.
For practitioners, the Rules are most relevant when advising on Board decision-making processes—particularly where procedural fairness, record-keeping, or internal financial authority might be challenged. They also matter for stakeholders who interact with the Board (for example, applicants for registration, practising certificates, or licences), because the Rules shape the timing and conduct of Board consideration of such matters.
What Are the Key Provisions?
1. Meetings and notice (Sections 3 and 4)
Section 3 provides that the Registrar shall convene a meeting of the Board in accordance with section 5(1) of the Act. Although the extract does not reproduce section 5(1) of the Act, the Rules make clear that the Registrar is the convening officer and that the statutory basis for meeting frequency or calling is found in the Act.
Section 4 then specifies the notice requirements. The Registrar must give not less than 7 days’ notice of any meeting to each Board member, sent to the address furnished to the Registrar. The notice must include the place, date and time and the general nature of the business to be conducted. Importantly, Section 4(3) states that failure to receive notice by any member does not invalidate the proceedings. This is a pragmatic rule that prevents technical non-receipt from undermining Board decisions, while still requiring proper dispatch and content of notice.
2. Minutes and evidentiary effect (Section 5)
Section 5 is a cornerstone of procedural governance. Minutes of every meeting must be taken and kept by the Registrar in a book provided for that purpose. The Rules also require a draft of the minutes to be circulated to members together with the notice of the meeting at which the minutes are to be submitted for confirmation. This creates a built-in mechanism for members to review and correct the record before confirmation.
Once confirmed, minutes signed by the person presiding at the meeting where they were confirmed become evidence of the facts stated. Section 5(4) further provides that the meeting to which the minutes relate shall be deemed properly convened and constituted unless the contrary is proved. For lawyers, this evidentiary framework is significant: it strengthens the legal defensibility of Board proceedings by giving confirmed minutes a presumptive reliability and by shifting the burden to a challenger to prove improper convening or constitution.
3. Order of business and flexibility (Section 6)
Section 6 sets out a default order of business for each meeting. Unless the presiding person directs otherwise on the ground of urgency or convenience, the Board must proceed in the following sequence: (a) confirmation of minutes of the previous meeting; (b) matters arising; (c) statement of accounts; (d) applications for registration, practising certificates and licences; (e) business of which due notice has been given; and (f) other matters the Board thinks fit to consider.
This structure is useful for practitioners because it indicates when key substantive items—such as applications for registration and licences—are expected to be considered. The “urgency or convenience” carve-out allows deviation, but it must be exercised by the presiding person and justified by the stated grounds. In disputes about whether a particular item was properly considered, the order of business can become relevant context for assessing whether the meeting followed the Rules or whether a valid direction was made.
4. Voting and recording of divisions (Section 7)
Section 7 provides that questions arising at a meeting are decided by voting on a show of hands by a majority of members present and voting. However, any member may call for a division. If a division is called, the names of members for and against and those who abstained must be recorded in writing in the minutes.
This provision balances efficiency (show of hands) with accountability (recorded division). For legal practitioners, it is particularly relevant when the decision’s validity may depend on whether the required majority was achieved or whether abstentions were properly recorded. The requirement that division outcomes be captured in the minutes ties back to the evidentiary effect of confirmed minutes under Section 5.
5. Committees and reporting (Section 8)
Under Section 8, every committee appointed by the Board under section 7(2) of the Act must report its proceedings and any recommendations to the Board. This ensures that committee work is not insulated from the Board’s decision-making and that the Board receives both factual proceedings and recommendations.
In practice, committees often handle preliminary review of applications or policy matters. Section 8 ensures that the Board’s final decisions are informed by documented committee outputs, which can be important for transparency and for any later review of how a decision was reached.
6. Payments by the Board: internal approvals and cash/cheque controls (Section 9)
Section 9 introduces financial controls. Subject to paragraph (2), all payments made by or on behalf of the Board must be made in the manner approved by any 2 of the following persons: the President, the Registrar, or a member nominated in writing by the Board for this purpose.
Paragraph (2) restricts cash payments: no payment shall be made in cash where the sum to be paid exceeds $150 (or such lesser sum as the Board may determine). Paragraph (3) then addresses cheque payments: where payment is to be made by cheque drawn on the Board’s account, the cheque must be signed by any 2 of the same categories of persons (President, Registrar, or nominated member).
These provisions are a classic governance safeguard. They reduce the risk of unilateral spending and create a clear audit trail of authorisation. For practitioners, they may be relevant where a payment or reimbursement is challenged, or where questions arise about whether a particular expenditure was properly authorised.
7. Accounts reporting and remuneration (Sections 10 and 11)
Section 10 requires that at every meeting, the Registrar presents a statement of accounts showing (a) receipts and expenditure up to the day immediately before the meeting for the current financial year, and (b) the balance (if any) standing to the credit of the Board as of that day. This ensures regular financial oversight by the Board itself.
Section 11 provides that the Registrar and such officers and employees as the Board may appoint shall receive such fees or remuneration as the Board may determine. This gives the Board discretion over remuneration levels, but within the governance framework of Board determination.
How Is This Legislation Structured?
The Land Surveyors Board Rules are structured as a short set of procedural rules with a clear progression from governance mechanics to record-keeping and financial controls. The Rules include:
- Citation (Rule 1): establishes the short title.
- Definition (Rule 2): defines “financial year” as a 12-month period ending on 31 December.
- Meetings (Rule 3): assigns convening responsibility to the Registrar under the Act.
- Notice of meetings (Rule 4): sets minimum notice, content requirements, and non-receipt effect.
- Minutes (Rule 5): mandates minute-taking, circulation of drafts, confirmation, and evidentiary effect.
- Order of business (Rule 6): prescribes agenda order with an urgency/convenience exception.
- Voting (Rule 7): establishes voting method and division recording.
- Committees (Rule 8): requires committee reporting to the Board.
- Payments (Rule 9): sets approval thresholds and limits on cash and cheque signing.
- Presentation of accounts (Rule 10): requires regular financial statements at meetings.
- Expenses/remuneration (Rule 11): governs fees/remuneration for the Registrar and appointed staff.
Who Does This Legislation Apply To?
The Rules apply primarily to the Land Surveyors Board and its internal officers—especially the Registrar—and to any committees appointed by the Board. They govern how Board meetings are convened, how decisions are made and recorded, and how certain financial matters are handled.
While the Rules do not directly regulate private individuals in the same way as substantive licensing provisions, they indirectly affect stakeholders who appear before the Board. For example, applicants for registration, practising certificates, and licences can expect that such matters will be considered within the meeting framework and agenda order set by the Rules. Moreover, any challenge to a Board decision may involve scrutiny of compliance with notice, minutes, voting, and committee reporting requirements.
Why Is This Legislation Important?
Although the Land Surveyors Board Rules are procedural, they are legally significant because they shape the validity and defensibility of Board decisions. Confirmed minutes are expressly made evidence of the facts stated, and meetings are presumed properly convened and constituted unless the contrary is proved. This means that, in disputes, the Rules provide a strong evidential foundation for the Board’s governance processes.
From an enforcement and compliance perspective, the Rules also create internal checks. The dual-approval requirement for payments (any two of President/Registrar/nominated member) and the restrictions on cash payments reduce the risk of improper expenditure. The requirement for regular presentation of accounts ensures that the Board maintains oversight over its financial position, supporting good governance and audit readiness.
For practitioners advising the Board, applicants, or other stakeholders, the Rules offer a practical checklist: ensure proper notice is issued (and content is correct), ensure minutes are drafted, circulated, confirmed, and signed appropriately, ensure voting procedures are followed and divisions are recorded when called, and ensure committee recommendations are properly reported to the Board. Compliance with these procedural steps can be decisive in preventing or defending challenges to Board actions.
Related Legislation
- Land Surveyors Act (Chapter 156) — including section 40 (authorising the making of these Rules) and the provisions referenced in the Rules (e.g., section 5(1) and section 7(2)).
Source Documents
This article provides an overview of the Land Surveyors Board Rules for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.