Statute Details
- Title: Land Surveyors Board Rules
- Act Code: LSA1991-R2
- Legislative Type: Subsidiary legislation (Rules)
- Status: Current version as at 27 Mar 2026
- Authorising Act: Land Surveyors Act (Chapter 156, Section 40)
- Revised Edition: 2002 RevEd (31 January 2002)
- Key Provisions (as provided): Sections 3–11 (Meetings, Notice, Minutes, Order of Business, Voting, Committees, Payments, Accounts, Expenses)
- Commencement Date: Not stated in the provided extract (but the Rules are in force in their current revised form)
What Is This Legislation About?
The Land Surveyors Board Rules are procedural rules made under the Land Surveyors Act. Their purpose is to set out how the Land Surveyors Board (“the Board”) must conduct its internal governance—particularly how meetings are convened, how decisions are taken, how records are kept, and how the Board manages certain financial and administrative matters.
In plain terms, the Rules ensure that Board business is handled in a structured and auditable way. They require the Registrar (a key officer supporting the Board) to convene meetings and give members proper notice; they require minutes to be taken, circulated, confirmed, and treated as evidence; and they prescribe an order of business so that routine matters (such as accounts and applications) are dealt with consistently.
The Rules also address decision-making mechanics (voting and divisions), the operation of committees, and financial controls—such as limits on cash payments and the requirement for dual approvals for payments and cheques. Finally, they require the Registrar to present statements of accounts at each meeting and allow the Board to determine remuneration for the Registrar and appointed officers and employees.
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. While the Act governs the underlying authority and frequency framework, the Rules operationalise the Registrar’s role in calling meetings.
Section 4 then sets 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 specify 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 practical “no invalidation” clause: it protects the Board’s ability to act even if a member claims non-receipt, provided the notice was properly issued in accordance with the Rules.
2. Minutes and evidentiary effect (Section 5)
Section 5 is central to governance and legal defensibility. It requires that minutes of every meeting be taken and kept by the Registrar in a book provided for that purpose. Draft minutes must 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 review and confirmation cycle.
Most significantly, Section 5(3) provides that minutes, if signed by the person presiding at the meeting where they were confirmed, are evidence of the facts stated therein. Section 5(4) further provides that the meeting to which the minutes relate shall be deemed to have been properly convened and constituted unless the contrary is proved. For practitioners, this is a strong evidentiary and procedural regularity presumption—useful in any later challenge to Board decisions on procedural grounds.
3. Order of business and flexibility for urgency (Section 6)
Section 6 prescribes the order of business at each meeting, unless the presiding person directs otherwise on the ground of urgency or convenience. The default sequence is: (a) confirmation of minutes; (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 matters because it ensures that financial reporting and regulatory decision-making (applications for registration and licensing) are handled in a predictable order. The “urgency or convenience” exception allows the Board to depart from the sequence when needed, but it is discretionary and tied to a stated basis—providing a rationale for any deviation.
4. Voting and divisions (Section 7)
Section 7 provides that questions arising at a meeting are decided by 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.
From a legal risk perspective, this is important for transparency and accountability. While show-of-hands voting is efficient, the division mechanism ensures that contested or sensitive decisions can be recorded with individual voting positions—supporting later review, internal accountability, and evidentiary clarity.
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 does not operate in isolation; the Board retains oversight and must receive the committee’s outputs before acting on recommendations.
6. Payments by the Board: approvals and cash limits (Section 9)
Section 9 introduces financial controls. Under Section 9(1), all payments made by or on behalf of the Board must be made in the manner approved by any 2 of: the President, the Registrar, or a Board member nominated in writing by the Board for this purpose. This is a dual-approval requirement designed to reduce the risk of unilateral or improper expenditure.
Section 9(2) prohibits cash payments where the sum exceeds $150 (or a lesser sum the Board may determine). This is a common governance safeguard, limiting cash handling and encouraging traceable payment methods.
Section 9(3) addresses cheque payments: cheques drawn on the Board’s account must be signed by any 2 of the same categories of persons. Together, these provisions create a consistent approval and signature framework.
7. Presentation of accounts (Section 10)
Section 10 requires that at every meeting, the Registrar presents a statement of accounts showing (a) receipts and expenditure by the Board for the current financial year up to the day immediately before the meeting; and (b) the balance, if any, standing to the credit of the Board as of that day. This ensures ongoing financial visibility to Board members and supports informed decision-making, particularly where licensing and regulatory activities may involve fees, costs, and administrative expenditure.
8. Expenses and remuneration (Section 11)
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 to set compensation for its supporting personnel, subject to any broader constraints that may exist in the Act or general public administration principles.
How Is This Legislation Structured?
The Land Surveyors Board Rules are structured as a short set of procedural provisions, numbered consecutively from Section 1 to Section 11. The Rules begin with a citation provision (Section 1) and a definition of “financial year” (Section 2). The remainder of the Rules then follows the Board’s operational cycle:
Sections 3–7 deal with meetings: convening (Section 3), notice (Section 4), minutes (Section 5), order of business (Section 6), and voting (Section 7). Section 8 addresses committees and their reporting obligations. Sections 9–11 address financial governance: payments controls (Section 9), presentation of accounts (Section 10), and remuneration for the Registrar and appointed staff (Section 11).
Who Does This Legislation Apply To?
The Rules apply to the Land Surveyors Board and its internal officers and members—particularly the Registrar who convenes meetings, keeps minutes, and presents accounts. They also apply to Board members in their capacity as decision-makers at meetings (including voting and participation in divisions).
In addition, the Rules indirectly affect committees appointed by the Board under the Land Surveyors Act, because those committees must report their proceedings and recommendations to the Board. While the Rules do not directly regulate members of the public, their procedural requirements shape how licensing and registration decisions are made and recorded—thereby affecting applicants and practitioners who may later rely on the Board’s decisions and records.
Why Is This Legislation Important?
Although the Land Surveyors Board Rules are procedural rather than substantive, they are legally significant. Many disputes involving professional boards—such as challenges to licensing outcomes, allegations of procedural unfairness, or scrutiny of governance—turn on whether the Board complied with its own rules. The Rules provide clear procedural steps and evidentiary protections that can be decisive in later proceedings.
For example, the minutes provisions in Section 5 create an evidential framework: confirmed and signed minutes are evidence of the facts stated, and meetings are presumed properly convened and constituted unless contrary proof is shown. This reduces uncertainty and supports the enforceability and reliability of Board actions.
The financial controls in Section 9 and the recurring accounts presentation in Section 10 also matter for governance and accountability. They establish traceability and dual-approval safeguards for payments, and they ensure that Board members receive regular financial updates. For practitioners advising the Board, applicants, or stakeholders, these provisions provide a compliance checklist and a basis for assessing whether Board administration is properly conducted.
Finally, the voting and division mechanics in Section 7 enhance decision transparency. Where decisions are contentious, the ability to call for a division and record individual voting positions can be crucial for internal governance and for any subsequent review of how a decision was reached.
Related Legislation
- Land Surveyors Act (Chapter 156), in particular provisions authorising the making of these Rules (including section 40) and provisions governing Board meetings (including section 5(1)) and committee appointment (including 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.