Land Surveyors Regulations, 1998 (L.N. No. 275 of 1998)

LEGAL NOTICE No. 275 REPUBLIC OF TRINIDAD AND TOBAGO THE LAND SURVEYORS ACT, 1996 REGULATIONS MADE BY THE BOARD UNDER SECTION 64 OF THE LAND SURVEYORS ACT, 1996 THE LAND SURVEYORS REGULATIONS, 1998 1. These Regulations may be cited as the Land Surveyors Citation Regulations, 1998. 2. (1) Unless the context otherwise appears the definitions given in Interpretation section 2 of the Act shall apply to these Regulations. (2) In these Regulations ''the Act" means the Land Surveyors Act No. 33 of 1996; "Central Plan Office" means the office established in the Department of Lands and Surveys for receiving, registering and filing survey plans and other survey information; "Certified correct" when accompanied by the signature of the Member who signed the statement, is a statement of responsibility and means that the survey and all associated work and documentation to which the statement applies were made under the immediate supervision of the Member who signed the statement, in accordance with instructions, requirements and standards for surveys applicable to the purposes for which the survey work was made; in accordance with instructions, of the client (unless there is a statement by the client, accompanying the member's statement on the documentation of the survey or other work to the effect that the work was completed in accordance with the instructions of the client); are correct and true to the best of the surveyor's knowledge; "Continuing Professional Development" means the systematic maintenance, improvement and broadening of knowledge and skill in the development of personal qualities necessary for the execution of the professional and technical duties throughout the practitioner's working life; Qualifications for registration as Land Surveying Gro.dunte "Field notes" means the original record of the field data collected in writing, digitally, or in any other form, in connection with any survey; "Major categories of survey" includes cadastral surveying, engineering surveying, geodetic surveying, hydrographic surveying, geographical and land information systems, cartography, land management, photogrammetry, and any other land surveying discipline recognized by the Board and the Institute of Surveyors of Trinidad and Tobago; "person" includes a body corporate; "supervision" means the personal attendance on the site of the survey, or in the office, for such time during the course of the work and the exercise of such immediate oversight and direction as to ensure personal involvement in the survey; "surveying'' in all major categories includes the preparation of all plans and reports; or giving advice and/or certificates on all aspects of the survey; "DWI" means the Department of Surveying and Land Information of the University of the West Indies, St. Augustine, Trinidad and Tobago. 3. (1) A person of good character and reputation who (a) has graduated or passed the examinations entitling him to graduate in the degree of Bachelor of Science in Land Surveying from the UWl; or (b) has graduated, or passed an examination entitling him to graduate in a land surveying degree accepted by the Board, which must be at least the equivalent of the degree offered by the UWI, may be registered as a Land Surveying Graduate. (2) Subject to the requirements of section 18(1) of the Act, no person shall remain a Land Surveying Graduate for a period greater than five years without the approval of the Board. (3) An application for registration as a Land Surveying Graduate First Schedule shall be in the form set out in Form I of the First Schedule and shall be Form l accompanied with proof of payment of the fees prescribed in the Second Schedule. 4. (1) A fit and proper person of good character and reputation who Qualifications has-- for. . reg1Strat1on as (a) been registered as a Land Surveying Graduate; or a Land Surveyor (b) graduated, or passed an examination entitling him to graduate in a surveying degree accepted by the Board, which must be at least the equivalent of the degree offered by the UWI and has passed the subject in the category of surveying in which he is seeking registration; (c) completed any professional assessment projects as prescribed; (d) completed the practical experience as prescribed; (e) passed any other written or oral examination; (f) undertaken such additional practical experience as the Board may require; and (g) satisfied any other condition specified in the Act or these Regulations, may be registered as a Land Surveyor. (2) An application for registration as a Land Surveyor shall be in the form set out in Form 2 of the First Schedule and shall be Form 2 accompanied with proof of payment of the fees prescribed in the Second Schedule. 5. (1) A fit and proper person of good character and reputation who Quallfications has- for . registration as (a) been registered as a Land Surveying Graduate; Trinidad and Tobago Land (b) obtained at least a First Degree in Land Surveying and has Surveyors passed the subject cadastral studies; (c) completed twenty four months practical experience in cadastral surveying under the supervision of a Trinidad and Tobago Land Surveyor approved by the Board; (d) completed a professional assessment project in cadastral surveying approved by the Board; (e) passed any oral or written examination prescribed by the Board; (f) been licensed or registered as a land surveyor in another Commonwealth state for more than 15 years; and (g) satisfied any other condition specified in the Act or in these Regulations, may be registered as a Trinidad and Tobago Land Surveyor. Form3 Public Registers Applications for regiotration for individuals (2) An application for registration as a Trinidad and Tobago Land Surveyor shall be made in the form set out in Form 3 in the First Schedule and shall be accompanied with proof of payment of the fees prescribed in the Second Schedule. 6. (1) The Register of all Land Surveying Graduates, Land Surveyors, Trinidad and Tobago Land Surveyors as referred to in section 20 of the Act shall be maintained with the following information: (a) the name(s) of Certificate holder; (b) the date of issue of first Certificate; (c) the addresses and telephone numbers; (d) the date of issue of Certificate; (e) the status of Certificate; (f) the status of license; (g) the notations requested by the Board and notations requested by the Disciplinary Committee; (h) proof of indemnity insurance coverage, or proof of exemption therefrom; (i) information with respect to any claim against the Certificate holder for professional indemnity; and (j) such other information which the Board may require. (2) In the case of Corporations, Partnerships, or Associations of persons, the following additional information shall be included in the Register: (a) name(s) ofmember(s) who will be personally responsible for the professional surveying services; (b) evidence of its professional responsibility to the satisfaction of the Board that the practice of professional surveying will be carried on under the direct responsibility of a full time permanent employee member, or a partner who is a member, who holds a license issued by the Board, of indemnity insurance coverage, or proof of exemption therefrom; (c) name(s) of member(s) who will be personally responsible for the professional surveying services. 7. A person who wishes to be registered as a Land Surveyor under this Act shall submit (a) an application in writing to the Board for registration as a land surveyor; (b) the fees prescribed in the Second Schedule; (c) a copy of any registration certificate authorising the person to survey lands within any other country, as applicable; (d) certification of good character as evidenced by the provision of one or more of the following: (i) a police record statement; (ii) a letter of recommendation from a member of the clergy, a doctor, an attorney or other professional, or senior Government Officer, or any person acceptable to the Board; and (e) any other information required by the Board. 8. (1) A corporation, partnership or association of persons as Applications specified in section 27 of the Act may apply for registration by fulfilling for. t e· regis ra 10n the following requirements- for corporations, (a) an application to the Board for registration; partnerships (b) evidence of its professional responsibility to the satisfaction ;:::~tions of of the Board that the practice of surveying will be carried out under the direct responsibility of a full time permanent employee who is registered under this Act in the appropriate field; (c) the applicant's registration number, current office or registered address; (d) the fees prescribed in the Second Schedule; (e) the name or names of the surveyors who will be personally responsible for surveying services; (f) any other material required by the Board. (2) A Government organization is exempt from any requirement to register. (3) An application for registration as a corporation, partnership, association of persons shall be in the form set out in Form 4 of the First Form 4 Schedule. (4) The Board shall, upon registration of an applicant as a surveyor, issue a Certificate of Registration in the form set out in Form 5 of the First Schedule. Form 5 9. No person shall use the title "Trinidad and Tobago Land UseofTitle Surveyor" or the initials T.T.L.S. in connection with the name of the corporation, partnership, firm, association or other entity, unless the person holds a licence issued by the Board pursuant to the Act and these Regulations. Application 10. An application for renewal of registration as specified in section !~:;:::!of 18 of the Act shall be in the form set out in Form 6 of the First Form 6 Schedule. Second Schedule Professional Indemnity Comjlilnsation Fund 11. Fees prescribed in the Second Schedule shall apply to the registration of surveyors and for other purposes set out in these Regulations. 12. (1) Every Registered Land Surveyor and Trinidad and Tobago Land Surveyor shall carry indemnity insurance in Indemnity in accordance with the Act, unless similarly protected by virtue of employment, he shall be insured through any other policy that meets the Board's requirements. (2) The policy limit for each employee shall be as determined by the Institute of Surveyors from time to time. (3) Every member holding a policy, shall inform the Registrar/ Secretary immediately upon notice of a claim or an impending claim under it. (4) A policy shall provide at least minimum coverage required under subregulation (1) and (2) and shall contain a clause that the Board shall be given thirty (30) days notice before the policy is cancelled or altered. (5) Every member who is protected by insurance and liability by virtue of employment must furnish documentary evidence that the employer ackuowledges the responsibility. (6) Where an employee or a Director of a Company or a partner of a firm is permitted to work for his own gain, the employer ·or the company or the firm shall also acknowledge that the coverage will be in force outside of the employment or state duty. 13. Prior to registration and renewal of registration every year, the following sums shall be paid to the Board for the use of the Trustees of the Compensation Fund ( a) in the case of a Trinidad and Tobago Land Surveyor the sum of two hundred and fifty dollars ($TT250.00); (b) in th~ case of a Registered Surveyor the sum of two hundred and fifty dollars ($TT250.00), or such other sums as may from time to time be fixed by the Minister by Order, provided that a Surveyor who is in the service of the Government of Trinidad and Tobago as such and who does no surveying work for reward on his own account, shall be exempt from this payment. 14. All persons registered under this Act shall abide by the Code of Code of Ethics Ethics set out in the Third Schedule. ~;~:!ule 15. (1) Every Surveyor shall, for so long as he is registered under Contin~ing 1 h A d . h . . " . l d l t . profesa1ona t e ct, un ergo m eac year contmumg pro1ess1ona eve opmen , m development accordance with this Regulation. (2) Every Registered Surveyor shall prove to the satisfaction of the Board that he has completed sixty hours of continuing professional development in every consecutive period of (3) three years computed as follows: (a) the time attributed to any event shall be the duration from the formal opening to the formal closing of any activity, calculated to the nearest half-hour; (b) when an activity extends over more than one day, only the formal teaching sessions may be counted; (c) when a member .attends for only part of an activity only the time attended shall be counted; (d) time recorded in subregulation (a) can constitute no more than two-thirds of the total requirement; (e) time spent in administering a qualifying activity shall not be counted. (3) Members who have completely retired from practice are exempted from these requirements. (4) Every Surveyor shall be responsible for maintaining a record of his participation in qualifying activities, including where relevant, the dates, times, subject matter, speakers and total time computed. (5) Every Surveyor shall keep the record for three years after the qualifying activity and forward a copy to the Board when so requested. (6) Continuing Professional Development, in these Regulations is referred to as "activity", may take the following forms: (a) courses and technical meetings organized by: {i) the Institute; (ii) Universities, Polytechnics, or other colleges; (iii) employers of Registered Surveyors; (iv) other professional bodies; (v) other relevant Course Providers; (b) discussion meetings on technical topics; Transitional provisions Practical experience required by persona (c) private studies of a structured nature on specific themes which includes prescribed pre-course reading; (d) correspondence courses, open University courses, or other supervised study packages; (e) research or post-qualification studies; (f) authorship of published technical work or the time spent in the preparation or delivery of lectures in connection with a qualifying Continuing Professional Development event or other similar professional or technical meetings. (7) To qualify for Continuing Professional Development, the activities described above shall be related to: (a) technical topics related to a member's current or potential occupation; (b) personal or business skills designed to increase a member's management or business efficiency. 16. (1) Every candidate who before the day these Regulations came into effect received from the Board written or verbal notification of admission as a candidate may continue to be examined in accordance with the existing regulations that were in force on the day before these regulations came into effect. (2) Every person who is registered, or eligible to be registered under the Act and who before these regulations came into effect has been engaged in the practice of land surveying may continue to operate in that field as he did on the day before these regulations came into effect until such time his operation can be registered under these l"egulations. 17. (1) Every applicant for regif>tration as a Land Surveyor or Trinidad and Tobago Land Surveyor, shall be required to prove to the Board that he has at least two years experience in his major category of applying to surveying. become Land ~~t';ri:;:~ (2) An applicant shall not commence any period of practical Tobago Land experience unless the practical experience proposed is first approved by Surveyors the Board. Form 7 (3) An application for approval of proposed practical experience shall be in the form set out in Form 7 of the First Schedule. ~ical 18. (1) A registered surveying graduate may apply to the Board for ~:J:!::~~Y status in any or all of the projects completed by him as a student in lieu npplicantfor of the corresponding student project required to be undertaken registration pursuant to this Regulation. (2) A student or applicant may submit a project to the Board for consideration in fulfillment of the requirements for examination once it can be proved that the project submitted is in accordance with the applicants professional competence and is representative of the applicants field of endeavor. (3) A completed project shall not be submitted to the Board for approval by a Graduate until two years of practical experience as a Land Surveying Graduate. (4) Each completed project shall be accompanied by a Forms certificate in the form set out in Form 8 in the First Schedule. 19. The following subjects may be included in an examination to be Examination registered as a Land Surveyor or as a Trinidad and Tobago Land Rfor . tr t· eg,:e a 10n Surveyor: as a Land r) A d R 1 t· 1 · •th' Surveyorora 1a cts an egu a ions re atmg to property surveys w1 m Trinidad and Trinidad and Tobago and its continental shelf; Tobago Land Surveyor (b) Property ownership, title rights and land transfer systems in Trinidad and Tobago; (c) Any matter relating to the category of surveying in which he is seeking to be registered. 20. (1) No candidate for registration shall be examined by theApplications Board in any subject specified by the Board as being prerequisite for for . • . . . . l h d'd h . d 'th exammat1on rece1vmg registration, un ess t e can 1 ate as, m accor ance w1 (all classes) these regulations, rules and instructions of the Board (a) submitted an application to be examined; (b) paid all the fees required in respect of the examination; (c) complied with all requirements relating to the examination. (2) An application for examination shall be made in the form set out in Form 9 of the First Schedule. Form 9 21. (1) No person shaJI be admitted as a candidate unless the Examination evidence furnished for registration is acceptable to the Board. rules (2) Pursuant to subsection (1), the information supplied must indicate achievement to at least the level of education obtained by a graduate in a surveying technology from a college or other educational institution recognized by the Board, or the equivalent thereof. (3) The Board may admit a person to be a candidate if the information required by the Board is satisfactory and complies with the requirements of the Regulations. (4) Subject to any exemption from subjects authorized by these Regulations or by the Board, a candidate is required, within a period of not more than seven years, to pass an examination to be determined by the Board. (5) An applicant who fails to comply with the requirements given above, shall cease to be a candidate, and in order to re-qualify he may reapply for admission as a candidate. (6) The Board may reject an application where it finds that the applicant has been guilty of fraud in an examination, or has inaccurately reported academic qualifications. (7) Every person aggrieved by a decision of the Board may appeal to the Board for a review of that decision. (8) Pursuant to subregulation (7), the person shall make a written application to the Registrar/Secretary within twenty-one (21) days of the receipt of the decision, with such fees as specified in the Second Schedule. (9) Where specific evidence is presented to support an appeal under subregulation (8), the Board shall review the decision in accordance with the material presented. Examinntion 22. (1) The Board shall meet prior to each examination cycle to arrangements confirm or approve arrangements for examinations. (2) All examinations shall be conducted in accordance with the rules published and instructions issued by the Board from time to time. (3) Examinations shall be held at such places and at such times as the Board may determine but where no other arrangements are made, they shall commence on the day following the second Monday in the month of April of each year and continue on successive days exclusive of Saturday and Sunday until completed. Council of 23. (1) The Board may appoint a Council of Examiners and where examiners such examiners are appointed, the Council shall be composed of-: (a) a member of the Board, who shall preside over the Council; and (b) four qualified and registered members. (2) The four members appointed by the Board shall have adequate training and recent practical experience in one or more of the major fields of professional surveying. (3) The Board may appoint qualified persons as special examiners to prepare examination papers and to appraise the response of the candidates in regard to specialist or ancillary subjects. 24. (1) Every Registered Land Surveyor and every Registered Authorized Trinidad and Tobago Land Surveyor shall obtain from the seal Registrar/Secretary an authorized seal to be used in the certification of plans, drawings, reports and documents. (2) Pursuant to subregulation (1) the seal shall be returned to the Registrar/Secretary upon suspension or revocation of a Surveyor's registration. (3) A hard copy of every survey plan or report submitted to every client shall be stamped {or embossed) with the Surveyor's seal. (4) The seal shall be applied to every cadastral plan, which shall be registered with the Director of Surveys before it is supplied to any client. (5) The seal shall attest to the status of the following information concerning the surveyor: (a) Current registration; (b) Compensation Fund Contribution; (c) Professional Indemnity Insurance coverage. (6) Where the surveyor is covered for the items outlined in sub regulation (5) by virtue of employment, the document to be registered shall also bear the authorised stamp of the Company or Firm of which the Registered Surveyor is an employee, a partner or an associate. 25. (1) Every Registered Land Surveyor or Registered Trinidad and Certification Tobago Land Surveyor shall certify reports, or field notes of surveys, or of documents corresponding documents, with (a) a statement of professional responsibility; and (b) the signature of the surveyor. (2) Statement of professional responsibility may be in any form, including the form "certified correct", but unless it is in the form "certified correct'", it shall specifically identify the responsibilities accepted by the Land Surveyor, as those responsibilities appear in the definition of "certified correct". (3) When a boundary of legal rights in Trinidad and Tobago is defined by a survey using geoditic, hydrographic, photogrammetric or other techniques for which the returns may not be a conventional plan and field notes of survey, the member shall certify the documentation of the work in accordance with the meaning of "certified correct" in subregulation (2). (4) All plans, reports, or other documentation produced under the supervision of a surveyor who is a partner, associate or employee of a holder of a Certificate of Authorization shall, in addition to the certification requirements of sub-regulation (1), bear the certificate number of the certificate holder. Cadaatral 26. (1) Where any person proposes to carry out any work likely to !=:i~ontJ to interfere with any survey mark, he shall take all necessary precautions be taken to to ensure that any such survey mark is not interfered with, during the arueguard course of the work. eurvey mlll'kB Reinstatement of survey marks by Trinidad and TobngoLnnd Surveyors (2) Where the work is likely to interfere with any permanent survey mark the person proposing to carry out the work shall give at least ten working days notice to the Director of Surveys, who shall forthwith take all necessary steps to safeguard such permanent survey mark and the proposed work shall not commence until such steps have been taken. (3) The cost of any work carried out by the Director of survey pursuant to sub-regulation (2) may be recovered from the person carrying out the work. (4) As an alternative to sub-regulation (2), the person proposing to carry out the work may engage a land surveyor to safeguard any permanent survey mark, in which event he shall include the name of the land surveyor in the notice to the Director of Surveys required pursuant to sub-regulation (2). (5) It shall not be an offense against this regulation to remove any survey mark defining a boundary to allow a fence, wall or other permanent improvement to be erected along the boundary, but due notice in writing shall be given to the Director of Surveys. 27. (1) In the event of any survey mark being interfered with, whether or not during the course of any work, the person responsible for the interference shall forthwith advise the authority which placed the mark, or, if the authority is not known, the Director of Surveys or engage a Trinidad and Tobago Land Surveyor to reinstate the mark where practicable. (2) Where the mark is one placed to define a boundary established in the course of a prescribed cadastral survey, the Director of Surveys shall be advised or a Trinidad and Tobago Land Surveyor be engaged to reinstate the mark. (3) Any person who fails to comply with the provisions of sub regulation (1) or (2) shall be guilty of an offence. (4) Any person other than a Trinidad and Tobago Land Surveyor, who reinstates or attempts to reinstate a survey mark which has been interfered with, shall be guilty of an offence. (5) If a Trinidad and Tobago Land Surveyor reinstates any permanent survey mark in the same or an alternative position, he shall forthwith deposit a plan with the Director of Surveys showing the new position in relation to the original position. 28. It shall be lawful for a Trinidad and Tobago Land Surveyor to Recovery of b k f 1 d h h buried survey rea up the surface o any an w ether paved or not to t e extent marka necessary to reveal any survey mark which he believes to be buried under the surface. 29. (1) All surveys shall be made in accordance with existingsurveyatobe 1 · made in regu ahons. accordance (2) Every survey shall be carried out by a surveyor personally ;;;:lationo or by assistants under the supervision of a surveyor. 30. Except for redefinition surveys, no surveyor shall survey State Survey of lands without obtaining a Survey Order from the Director of Surveys. stste land6 31. Prior to commencing any survey, the Trinidad and Tobago Survey to Land Surveyor shall obtain all information relevant to the proposed ~!;::.:nan survey from those records normally available in the Land and Surveys Department and the office of the Registrar General. 32. Where a Trinidad and Tobago Land Surveyor considers that Survey to any doubt or discrepancy associated with a survey is relevant he shall ~isc~~ae al~ disclose that doubt or discrepancy on his plan and in a written report to d~s~re~;~ciea the Director of Surveys. 33. (1) For the purpose of ensuring that any survey complies with Check these regulations, the Director of Surveys may cause a check survey to Surveys be made. (2) Before commencing the check survey, the Director of Surveys shall advise the surveyor responsible for the survey to carry out a check and in all cases the checking officer shall be a Trinidad and Tobago Land Surveyor (T.T.L.S) appointed with prior notice to the surveyor responsible for the survey. (3) Where the surveyor appointed to carry out the check survey is not acceptable to the surveyor responsible for the survey, he may, within two weeks of the notification, inform the Director of Surveys his objection to the check survey by the T.T.L.S setting out the reasons for his objection; and the Director or Surveys, if satisfied with the reasons, shall appoint another T.T.L.S to carry out the check survey. Requisitions Principles to be observed Differences in ments Wider boundaries 34. The Director of Surveys or the Board may request any surveyor to amend any patent error on his plan, invite comment or explanation on any apparent discrepancy or ambiguity, and following any comment or explanation, may request him to carry out additional survey or submit additional information, and the surveyor shall comply with all requests as promptly as practicable. 35. (1) Boundaries as originally marked are for all purposes true boundaries. (2) In the re-survey of existing boundaries, the surveyor shall observe the principle that the boundaries as defined by survey marks set by the original surveyor are the true boundaries even where the survey marks are not the positions assigned to them by the data on the original plan. (3) Notwithstanding the provisions of sub-regulation (2), if any difference mentioned in the said sub-regulation is positively identified as arising from the survey mark not having been set originally as intended, and if the plan of the original survey, and the evidence derived from the re-survey clearly show the intention, the surveyor making the re-survey may reset the mark in accordance with the original intention, provided that: (a) the positions of improvements in relation to the amended boundary are not adversely affected; (b) the consent of all owners affected is first obtained. (4) The Trinidad and Tobago Land Surveyor shall disclose the discrepancy and the action taken on his plan in a written report to the Director of Surveys. 36. Where a re-survey discloses difference in lengths of boundary measurements or areas recorded by previous surveys, the surveyor shall demonstrate that the difference is not due to encroachment on or by adjoining parcels ofland. 37. (1) Subject to the provisions of this Act or any other law to the contrary and unless there is evidence to the contrary a land surveyor shall delineate ( a) the boundary of a parcel of land abutting the sea coast as the line of high water; (b) the boundary of a parcel of land abutting a stream as the high bank of the stream determined at the normal level of the stream. (2) In defining or redefining boundaries the Trinidad and Tobago Land Surveyor shall employ methods to achieve such accuracy as the purpose of the survey and the evidence available warrants. 38. Surveys shall be carried out with such equipment and by such Field work methods as shall readily attain the standards of accuracy prescribed by ;~;Tce to these Regulati~ns and land surveyors shall a!ways appl~ such checks :~::C:bed and tests to their work as to ensure that the said accuracy is attamed. accuracy 39. All existing survey marks, fences, walls and other features All evi.dence to 'd' 1· k 1 .d 'd h . . f . . be collected provi mg or i e y to prov1 e evi ence as t e pos1t1on o existmg boundaries shall be included in any survey. 40. (1) Where necessary, field notes shall be reduced to a printed or Field notes written form suitable as a permanent record. (2) The field notes shall constitute part of the permanent record of any survey and where they are collected in digital form the original shall be in a secure file and the surveyor shall prepare a printed record of the secure file. (3) Every Registered Surveyor shall be responsible for the permanent custody of all field notes and of digital files prepared by him or under his supervision. (4) A surveyor sha11, on request in writing from the Director of Surveys or the Board, produce his field notes to the Director of Surveys within fourteen (14) days. 41. (1) All rules for the execution of cadastral surveys, recording of Field survey field notes, and the preparation of cadastral plans shall be established ::~hr':;, from time to time, by the Board, in consultation with the Institute and merka, plana the Director of Surveys. {2) The rules shall include, but may not be limited to, such matters as: (a) acceptable perimeter closure for testing the accuracy of field work; Survcyor'e cortilicnte (b) methods for the survey of irregular boundaries; (c) the type, form, and placement of survey marks; (d) datum lines for surveys; (e) the units of measurement to be used on survey plans and the precision for distances, bearings, angles, areas and coordinates; (fJ the construction of survey plans, including scales, sizes, the type of material, the forms to be used; (g) the data to be shown on survey plans; (h) methods of collecting and recording field notes; (i) the types of surveying equipment to be used on surveys. 42. (1) The Trinidad and Tobago Land Surveyor responsible for any survey shall apply his seal to every plan of survey and certify to the accuracy of the plan. (2) No Registered Land Surveyor shall give any certificate whether or not required by the Act or any regulation made under the Act relating to any survey unless the survey was carried out by him personally or under his supervision. Surveynoticoa 43. (1) Before commencing any survey, the Trinidad and Tobago Ch. 27:11 Land Surveyor, shall cause notice to be given to all proprietors of lands lying adjacent to the parcel being surveyed. (2) The notice to be given shall include the name of the surveyor who will be carrying out the survey, and the date and the time of the survey. (3) Where lands are to be brought under the provisions of The Real Property Ordinance, the purpose of the survey shall be stated and the period of the notice shall be seven clear days but in all other instances thr9e clear days notice shall be given. (4) Nothing in this regulation shall prevent a Trinidad and Tobago Land Surveyor from carrying out a survey after giving reasonable notice to any neighbouring proprietor, in unforeseen or unavoidable circumstances. THE FIRST SCHEDULE [Reg. 3(3)) FORM I Land Surveyors Regulations, 1998 APPLICATION FOR REGISTRATION AS A LAND SURVEYING GRADUATE 1, ................................................................................ of ............................................................. . ....................................................... hereby apply for registration as a Land Surveying Graduate pursuant to regulation 3(1), 3(2) and of the Land Surveyors Regulations, 1998. In support ofmy application, I enclose the following documentary evidence:-• Dated this ................ day of .................................... 19 .... .. Signature of Applicant "'Copies of degrees, diplomas or other relevant certificates, official transcript and eertificate of good character and receipt of payment. FORM2 Land Surveyors Regulations, 1998 APPLICATION FOR REGISTRATION AS A LAND SURVEYOR [ Reg. 4(2)] !, ................................................................................ of ............................................................. . ....................................................... hereby apply for registration as a Land Surveyor pursuant to regulation 4(1), of the Land Surveyors Regulations, 1998. In support of my application, I enclose the following documentary evidence:-"' Dated this ................ day of.. .................................. 19 .... .. Signature of Applicant "' Copies of degrees, diplomas, official transcripts and all relevant certificates including those relevant for the proof of Professional Indemnity Insurance, a certificate of good character and the prescribed fee. FORMS [Reg. 5(2)] Land Surveyors Regulations, 1998 APPLICATION FOR REGISTRATION AS A TRINIDAD AND TOBAGO LAND SURVEYOR 1, ................................................................................ of ............................................................. . ....... ........ ....... ........ ............ ....... ...... hereby apply to be registered as Trinidad and Tobago Land Surveyor for the period January l to December 31, 19.-......... . I enclose the prescribed fee of: Registered Surveyor Registrar • Proof of Professional Indemnity Insurance coverage as well as Compensation funding is also to be included. FORM4 [Reg. 8(3)] Land Surveyors Regulations, 1998 APPLICATION FOR REGISTRATION AS A CORPORATION, PARTNERSHIP OR ASSOCIATION OF PERSONS We, ......................................................... of ............................................................................... . Hereby apply to be registered as a [] Corporation, [] Partnership, [] Association of persons, pursuant to Regulation 8 of the Land Surveyors Regulations, 1998. In support of our applications, we enclose the following documented evidence:** Authorised Signature & Stamp 0 Proof of Professional Indemnity Insurance, name(s) of Registered Surveyor(s} who will be personally responsible for surveying services, and the prescribed fee. FORM5 [Reg. 8(4)1 Land Surveyors Regulations, 1998 LAND SURVEYORS BOARD OF TRINIDAD AND TOBAGO CERTIFICATE OF REGISTRATION Thia ia to certify that ............................................................. having satisfactorily completed the prescribed requirements, has been registered under the provisions of the Land Surveyors Act, 1996, and is authorized to practise as a Surveyor in Trinidad and Tobago for the year ..................................... . Sealed with the common seal of the Board. This ..................... day of ....................... 19 ...... . Registered Surveyor FORM 6 Land Surveyors Regulations, 1998 APPLICATION FOR RENEWAL OF REGISTRATION (Reg. 10) 1, ................................................................................ of ............................................................. . ....................................................... hereby apply to be registered as a Land Surveyor pursuant to the provisions of regulation 10 of the Land Surveyors Regulations, 1998. • I enclose the prescribed fee of: Dated this ................ day of .................................... 19 .... .. Registered Surveyor Registrar • Proof of Professional Indemnity Insurance coverage as well as Compensation funding is also to be included. FORM 7 [Reg. 17(3)] Land Surveyors Regulations, 1998 APPLICATION FOR APPROVAL FOR PROPOSED PRACTICAL EXPERIENCE I, .................................................................. of .................................................................. . apply for approval t.o serve a period of ............................................................. (state period) practical experience with Mr ............................................................. , a registered surveyor. I proposed to serve the period of practical experience in the major category of ............................................................... Surveying pursuant to the Act. Dated this .............. day of ............ 19 .... .. Land Surveying Graduate FORMS [Reg. 18(4}] Land Surveyors Regulations, 1998 CERTIFICATE TO ACCOMPANY EACH COMPLETED PROJECT I hereby certify that all field and office observations and notes, computations, plans, and reports were made by me personally with such assistance as were necessary in each operation; that the project was not copied from any material published or deposited in any public record; that the project was commenced ............................................. and completed on ..................................... My supervising officer and colleagues were .................................. . (Date) (Signature) FORM 9 Land Surveyors Regulations, 1998 (To be submitted in duplicate) [Reg. 20(2)] APPLICATION TO BE EXAMINED FOR REGISTRATION OF A LICENCE TO PRACTICE AS A TRINIDAD AND TOBAGO LAND SURVEYOR Na.me of Applicant ..................................................................................................................... . (Surname) (Other Names) Date of Birth .............................................................................................................................. . Place of Birth ............................................................................................................................. .. I.D. No ................................................................... Passport No .............................................. . Driver's Permit No .................................................................................................................... . Academic Qualifications Dates Experience in Major Categories Dates Proposer 2 ................................................................ . Proposer's Address .................................................................................................................... . Signature of Applicant Date NB: The candidate is requested to submit the originals of his transcript, birth certificate, passport, or ID card or driver's permit to the Secretary of the Board for verification. Originals will be promptly returned. NOTE: If the candidate has been supervised by more than one Land Surveyor he should submit additional completed forms for each individual proposer. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. THE SECOND SCHEDUL.E SCHEDULE OF FEES FEES PAYABLE TO THE LAND SURVEYORS BOARD OF TRINIDAD AND TOBAGO Registration as a Land Surveying Graduate Renewal of registration-Land Surveying Graduate Registration as a Registered Surveyor Renewal of registration-Registered Surveyor Registration as a Trinidad and Tobago Land Surveyor Renewal ofregistration- Trinidad and Tobago Land Surveyor Registration of a Corporation/Partnership/Firm Inspection of the Register Certified copy of the Register Application fee for examination for registration as a Land Surveyor or a Trinidad and Tobago Land Surveyor Appeal to the Board under regulation 21(8) ... THE THIRD SCHEDULE CODE OF ETHICS (Reg. 11) $ 150.00 100.00 500.00 300.00 500.00 300.00 100.00 25.00 25.00 500.00 100.00 (Reg. 14) All persons registered under this Act shall abide by the following code of ethics: Artkle 1. 1. Surveyors shall serve the public to the best of their knowledge and ability in order to provide accurate and efficient services for the development and/or peaceful enjoyment of Trinidad and Tobago's lands and resources. Article 2. 2. They shall be honest and trustworthy: (a) They shall maintain confidentiality with respect to their client's and employer's affairs during their services or employment and after the services or employment has been terminated. Article 3. (b) They shall not certify work that was not performed under their personal supervision. (c) They shall not enter into any fee sharing arrangements without the knowledge and prior agreement of their clients. 3. They shall be vigilant upho lders of the law relating to their profession: Article 4. (a) They shall not enter into any arrangement that would enable the unauthorized practice of their profession. (b) They shall not knowingly and willingly become accessories to a failure to report any illegal practice of their profession to the Board or the Institute. They shall avoid professional impropriety: Article 5. (a) They shall declare to their clients or employers any conflict of interest which impairs the quality of their service. (b) They shall not knowingly let their names be used in association with persons or enterprises of dubious or doubtful ethics. (c) They shall not accept compensation for the same service from more than one source without t!ie full knowledge of all parties involved. 5. They shall agree to charge and accept only a fair and just compensation for their services: Article 6. (a) Their claims for compensation shall be commensurate with the professional and technical complexity of their services, their level of responsibility and liability. (b) They shall make details relevant to their claims for compensation available to the client upon request. 6. Members shall maintain their competence, integrity and respect for their profession in their relation with their colleagues, clients, employees and the public: (a) They shall assume professional responsibility for authorized works carried out by their non-professional staff. (b) They shall cultivate into their employees or staff the utmost integrity and a clear understanding of the professional obligations of surveyors to the society. (c) They shall provide their employees with good working conditions and just remuneration. (d) They shall not further the application for admission to the profession of anyone whom they know to be unqualified by education or character. (e) They shall refrain from public criticism of the conduct or practice of colleagues, but shall report any perceived misconduct or incompetence to the land Survey Board. (f) They shall keep adequate records of their work such that its quality can be judged by their colleagues. (g) They shall not accept assignments beyond their competence or beyond the resources available to them to complete the assignments punctually and professionally. (h) They shall limit their advertising to a level that provides adequate factual information. Article 1. 7. They shall not be professionally involved in setting the boundaries of any land of which or contiguous with which he is the beneficial owner or to the owner of which he is in a fiduciary relationship, where a discretionary power as the fixing or replacement of boundaries of that land is involved. Article B. 8. They shall fulfill their duty of instructing a Land Surveying Graduate supervising the work of a Land Surveying Graduate or ensuring that a Land Surveying Graduate obtains practical experience in land surveying in the manner prescribed. Article 9. 9, They shall respond promptly to correspondence received from the Board or from the Disciplinary Committee and provide information that as may be reasonably requested of them by the Board. Article 10. 10. They shall not become associated in responsibility for work with surveyors who do not conform to the published code of conduct for members published in the these Regulations: (a) They shall not use the advantage of a salaried position to compete unfairly with another surveyor. (b) They shall co-operate to the best of their ability in enhancing the profession of surveying by exchanging general information and sharing experiences with their fellow members and participate on a regular basis in the Continuing Professional Development programme as required by the Act. Dated 2nd day of November, 1998. T. D. LEONG Chairman, Land Survey Board of Trinidad and Tobago Approved by the Minister on this 2nd day of November, 1998 J. HUMPHREY Minister of Housing and Settlements PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN REPUBLIC OF TRINIDAD AND TOBAG0-1998