Land Surveyors Regulations, 1998 (58:04)

MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 40 Chap. 58:04 Land Surveyors SUBSIDIARY LEGISLATION LAND SURVEYORS REGULATIONS ARRANGEMENT OF REGULATIONS 1. Citation. 2. Interpretation. 3. Qualifications for registrat ion as Land Surveying Graduate. 4. Quuhucauons tor registration as a Land Surveyor. 5. Qualificat ions for registration as Trinidad and Tobago Lan d Surve yor. 6. Public Reg isters. 7. Applications for registration for individuals. 8. Applications for reg istrat ion for corporations, partners hips, or associations of person. 9. Use of Title. 10. App lication for renewal of registrat ion. 11. Second Schedule. 12. Profess ional Indemnity. 13. Compensatio n Fu nd. 14. Code of Ethics. 15. Continuing professional developm ent. 16. Transitional prov isions. 17. Practical experience required by per:-;on:-; applying to become Land Surveyors or Trinidad and Tobago Land Surveyors. 18. Typical projects to be undertaken by applicant for registration. 19. Exumi nuti on for R egistration ~l:-; u L and Surveyor or u Trini d ud and Tobago Land Surveyor. 20. Applications for examination (all classes). 21 . Examination rules. 22. Examination arrangements. 23. Council of examiners. 24. Authorised seal. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations www. legalaffairs.gov.tt Chap. 58:04 41 [Subsld.1ary] 25. Certification of documents. 26 . Cadastral Surveys precautions to be taken to safeguard survey marks . 27. Reinstatement of survey marks by Trinidad and Tobago Land Surveyors. 28 . Recovery of buried survey marks . 29. Surveys to be made in accordanc e with Regulations. 30. Survey of State lands. 31. Survey to obtain ull information. 32. Survey to disclose all doubts and discrepanci es. 33. Check Surveys. 34. Requlsttlons. 35. Principles to be observed. 36. Diffe rences in measurements. 37. Wider boundaries. 38. Field work survey pract ice to ensure prescribed accuracy, 39. All evidence to be collected. 40. Field notes. 41. Field survey methods, accuracy, marks, plans. 42. Surveyor's certificate. 43. Survey notices. HRST SCHEDULE. SECOND SCHEDULE. THIRD SCHEDULE. LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 42 [Subsld.1ary] 275/1998. Chap. 58:04 Land Surveyors LAND SURVEYORS REGULATIONS made under section 64 Cltatlon. 1. T hese R egulat ions may b e ci ted as the La nd Surveyors Regulations. Interpretation. 2. (I ) Unl ess the context otherwise appears the definitions given in section ? of the Act shell epply to these Regliletions (2) In these Regulations "the Act" means the Land Surveyors Act; " Central Plan Office" means th e office establi shed in the Department of Lands and Surveys for receiving, registering and filing survey plans and other survey information; "c ertified correct" when accompanied by the signature of the Member who signed the statement, i s a statement of responsibility end means that the sllrv ey end ell associated work and documentation to which the statement applies were made under the immediate super vision of the Member who signed the statement. in accordance with instructions. requirements and standards for surv eys 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 state me nt on the documentation of the surveyor other work to the effect that the work was completed in accordance with the inst ructi ons of the client ); are correct and true to the best of the surveyor's knowledge; "Continuing Pro fes sion al Dev elopment" means the sys te ma tic maintenance , improvement and broadening of knowledge and skill in the development of personal qualities necessary for the execution of the pro fess ional and technical duti es throughout the practitioner's working life; "field notes" means the original record of the field data collected in writing, digitally, or in any other form, in connect ion with any survey; UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations www. legalaffairs.gov.tt Chap. 58:04 43 [Su b sld.1ary] 3. (1) "major categories of surve y" includes cadastral surveying, engineering surveying, geodetic surveying, hydrographic surveying, geographical and land information systems, cartography, land management, photogrammetry, and any other land surv ey ing discipline recognis ed 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 ; "s urveying" in all major categories includes the preparation of all plans and reports; or giving advice and/or certificates on all aspects of the survey ; "UWI" means the Depart ment of Surveying and Land Information of the University of the West Indies, St. Augustine, Trinidad and Tobago. 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 UWI; or (b) has graduated, or passed an examina tion entitling him to graduate in a lan d surveying degree accepted by the Board, which must be at least the equiva lent of the degree offered by the UWI, may be registered as a Land Surveying Grad uate. (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 Survey ing Graduate shall be in the form setout in Form I of the First Schedule and shall be accompanied with proof of payment of the fees prescribed in the Second Schedule. UPDATED TO DECEMBER 31ST 2009 Qualifications for rc gisrrntion as L and Surveying Graduate. First Schedule. Form I. Second Schedule. LR D . l /2006 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 44 [Subsld.1ary] Chap. 58:04 Land Surveyors Land Surveyors Regulations Qualifications for registration as a L am! Surve yor. First Sc hedule. Form 2. Second Sc he dule . Qualifications for registra tion as Trinidad and Toh ago T.and Surveyor. 4. (I) A fit and proper person of good character and reputation who has (a) been register ed as a Land Surveying Graduate ; or (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 regis tration ; (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 registere d as a Land Surveyor. (2) An application for registrat ion as a Land Surveyor shall be III the form set out III Form 2. of the First Schedule and shall be accompanied with proof of payment of the fees prescribed in the Second Schedule. 5. (I) A fit and proper person of good character and reputation who has (a) been registered as a Land Surveying Graduate; (b ) obtained at least a First Degree in Land Surveying and has passed the sub ject cadastral studies; (c) completed twenty-four months pract ical experience in cadastral surveying under the supervis ion of a Tri nidad and Tobago Land Surveyor approved by the Board ; UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations www.legalaffairs.gov.tt Chap. 58:04 45 [Subsld.1ary] (d ) completed a professional assessment project in cadastral surveying approved by the Board; (e) passed any oral or written examination prescribed by the Board; (I) been licensed or registered as a land surveyor in another Commonwealth State for more than 15 years ; and (g ) satisfied any other condition specified III the Act or in these Regulations, may be registered as a Trinidad and Tobago Land Surveyor. (2) An application for registration as a Trinidad and Tobago Land Surveyor shall be made in the form set out in Form 3 First Schedule. in the Itirst Sched ule and shall be accompanied with proof of Form J. payment of the fees prescribed in the Second Schedu le. Second Schedule. 6. (1) The Register of all Land Surveying Graduat es, Land Surveyors, Trinidad and Tobago Land Surveyors as referred to in section 20 of the Act shall be maintained with the followin g information : (a) the name(s) of Certi ficate holder; (b) the date of issue of first Certificate ; (e) the addresses and telephone numbers; (d) the date of issue of Certificate; (e) the status of Certificate; (f) the status of licence; (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 profess ional indemnity; and (j) such other information which the Board may requIre . UPDATED TO DECEMBER 31ST 2009 Public Reg isters. LR D . l /2006 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt 46 [Subsld.1ary] Chap. 58:04 Land Surveyors Land Surveyors Regulations Applicationsfor registration for Individuals. (2) In the ca se of Corporations, Partnersh ip s, or Association s of persons, the following additional information shall be included in the Register: (a) name(s) of member(s) who will be personally responsib le for the professional surveying services; (b) evidence of its professional responsibility to the satisfaction of the Board that the pr actice of professional surveying will be carried on under the direct responsibility of a full-time permanent employee member, O!" a partner who is a member, who holds a licence issued by the Board, of ind emnity insurance co verage, or proof of ex eruptiou thei efiuru; (c) name(s) of member(s) who will be personally responsible for the professional surveying services. 7. A person who wishes to be regis tered as a Land Surveyor under this Aet shall submit (a) an application in writing to the Board for registration as a land surveyor; (h) the fees prescnbed III the Second Schedule; (c) a copy of any registration certificate authorising the person to survey lands within any other country, as applicable; (d) certi fication of good character as evidenced by the provision of one or more of the following: (i) a police record statement; (ii) a letter of recom menda t ion fro m a member of the clergy, 0 doctor, on attorney or other professional, or senior Government Officer, or any person acceptable to the Board: and (e) any other information required by the Board. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations www. legalaffairs.gov.tt Chap. 58:04 47 [Su b sld.1ary] 8. (I) A corporation, partnership or association of persons as specified in section 27 of the Act may apply for registration by fulfilling the following requirements: (a) an application to the Board for registration; (b) evidence of Its professional responsibility to the satisfaction 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 ; (/) any other material required by the Board. (2) A Government organisation is exempt from any requirement to register. (3) An application for registration as a corporation, partnership, or association of persons shall be in the form set out in Form 4 of the First 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. 9. No person shall use the title 'Trinidad and Tobago Land Surv eyor" or the initials T.T.L .S . in connection with the na me 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 Regulati ons. 10. An application for renewal of registration as specified in section 18 of the Act shall be in the form set out in Form 6 of the First Schedule. UPDATED TO DECEMBER 31ST 2009 Applications for registra tion for ,-u ] }'\ JJ<ll i u JI:o., par tnerships or association s of persons. Second Scfeuute. First Schedule. Form 4. FirS TSchedule. Form 5. Use of Title . Application for renewal of reg ist rat io n. First Schedu le. Form 6. LR D . l /2006 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 48 [Subsld.1ary] Chap. 58:04 Land Surveyors Land Surveyors Regulations Second Schedule. Professional Inuemnny. Compensation 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 em ployee shall be as determined by the Insti tute 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 subregulations (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 mem ber who is protected by insurance and liability by virtue of employment must furnish documentary evidence that the employer acknowledges the responsibility. (6) Where an employee or a Director of a Company or a partner of a firm ispermi tted 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 regis tration 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 Tri nidad and Tobago Land Surveyor the sum of two hundred and fifty dollars ($TT250.00); (h) in the case of a Registered Surveyor the sum of two hundred and fifty dollars ($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 UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations www.legalaffairs.gov.tt Chap. 58:04 49 [Subsld.1ary] Governme nt 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 Ethics. T hird Code of Ethics set out in the Third Schedule . Schedule. 15. (I) Every Surveyor shall, for so long as he is registered under the Act, undergo in each year continuing professional development, in accordance with this Regulation. (?) Every Ree i'tered Su rveyo r sha ll p rove tn th e 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 he 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-th irds 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 , incl uding 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. UPDATED TO DECEMBER 31ST 2009 Continuing profesnional development. LR D . l /2006 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt 50 [Subsld.1ary] Chap. 58:04 Land Surveyors Land Surveyors Regulations Transitional provisions. (6) Continuin g Profession al Developme nt, in the se Regulations is re ferred to us "activity", may take the following forms: (a) courses and technical meetings organised by: (i) the Institute; (ii) Universitie s, Polytechnic s, or other colleges ; (iii) employers of Registered Surveyors; (iv) other profess ional bodies; (v) other relevant Course Providers; (b) discussion meetings on technical topics ; (c) private studies of a structured nature on specific themes which includes prescribed pre-course reading ; (d ) correspondence co urses, op en Un ivers ity courses, or other supervised study packages; (e) research or post-qualification studies; (/) authorship of published technical work or the time spent in the preparation or delivery of le ctures 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) persona l or business skills designed to increase a member's management or business efficiency. 16. (I) Every candidate who before the day these Regu lations came into effect rece ived from the Board written or verbal notification of admission as a candidate may continue to be examined in accordance with the existing Regulations UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations www. legalaffairs.gov.tt Chap. 58:04 51 [Subsld.1ary] that were in for ce on the day before these Regulations came into effect. (2) Every person who is regi stered , or eligible to be registered under the Act and who before these Regulations came mto effect has been engaged m the practice of land surveymg 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 Regulations. 17. (I ) Every applicant for registration as a Land Surveyor Pra ctica l expe rience or Trinidad and Tobago Land Surveyor, shall be required to prove required by h B d h h h I . . hi . personsto t e oar t at e as at cast two years experience in IS major applying to category of surveying. become Land Surveyors or . . Trin idad nnd (2) An applicant shall not commence any period of Tobago Land practical experience unless the practical experience proposed is Surveyn rs . first approved by the Board. (3) An application for approval of proposed practical experience shall be in the form set out in Form 7 of the First Schedule. Form 7. First Schedule 18. (I ) A registered surveying graduate may apply to the Board for status in any or all of the projects completed by him as a student in lieu of the corresponding student project required to be undertaken pursuant to this regulation . J'ypical projeers to be undertaken by applicant for registration. (2) A student or applicant may submit a project to the Board for consideration in fulfilment of the requirements for examination once it can be proved that the project submitted is in accordance with the applica nt 's pro fe ssional competence and is representative of the applicant' s field of endeavour. (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 co mplete d project shall he accompanied hy a certificate in the form set out in Form 8 in the First Schedule. Firs t Schedule. Form 8. LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 52 [Subsld.1ary] Chap. 58:04 Land Surveyors Land Surveyors Regulations Ex amination for Registrationas a Land Surveyor or a Trinidad and Tobago Land Surveyor. Applications for examination (all classes). First Sche dule. Form 9. Examination rules. 19. The following subjects may be included in an examination to be registered as a Land Surveyor or as a Trinidad and Tobago Land Surveyor: (a) Acts and Regulations relating to property surveys within Tr inidad and Toba go and its continental shelf ; (h) property ownership, title rights and land transfer systems in Trinidad and Tohago; (e) any matter relating to the category of surveying in which he is seeking to be registered. 20. (I) No candidate for registrat ion shall be examined by the Board in any subject specified by the Board as being prerequisite for receiving registration, unless the candidate has, in accordance with these Regulations, rules and instructions 01 the Board (a) submitted an application to be examined; (h ) paid all the fees required in respect of the examination; (e) 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. 21. (I) No person shall be admitted as a candidate unless the evidence furnished for registration is acceptable to the Board. (2) Pursuant to subsection (I), 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 recognised 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 authorised by these Regulations or by the Board, a candidate is required, UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations www.legalaffairs.gov.tt Chap. 58:04 53 [Subsld.1ary] within a period of not more than seven years, to pass an examination to he determined hy 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. 22. (I) The Board shall meet prior to each examination cycle Examination c· C .. arrangements.to COIl irm or approve arrangements or eXUIIlIIli.tLJOIlS. (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. 23. (I) The Board may appoint a Council of Examiners and where sur-h exn m ine rs :lrt": nppoi nt ed , the': Counci l shall hf': composed of (a) a member of the Board, who shall preside over the Council: and (h) four qualified and registered members. UPDATED TO DECEMBER 31ST 2009 Council of examiners. LR D . l /2006 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 54 [Subsld.1ary] Chap. 58:04 Land Surveyors Land Surveyors Regulations (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 appoin t qualified persons as specia l e xam iner s to prepare examination papers a nd. to appraise the response of the candidates in regard to specialist or ancillary subjects. Authorised seal. 24. (I) Every Registered Land Surveyor and every Registered Trinidad and Tobago Land Surveyor shall obtain from the Registrar-Secretary an authorised seal to be used in the certification of plans, drawings, reports and documents. (2) Pursuant to subregulation (I) the seal shall be returned to the Registrar-Secretary upon suspension or revocation of a S ur veyor '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; (h) Compensation Fund Contribution ; (c) Profess ional Indemnity Insurance coverage. (6) Where the surveyor is covered for the items outlined in subregulation (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. Ce rtification of documents. 25. (I) Every Registered Land Surveyor 01' Registered Trinidad and Tobago Land Surveyor shall certify reports, or field notes of surveys , or corresponding documents, with (a ) a statement of professional responsibili ty ; and (h) the signature of the surveyor. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations www.legalaffairs.gov.tt Chap. 58:04 55 [Subsld.1ary] (2) Statement of profess ional 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 geodetic, 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 Authorisation shall, in addition to the certification requirements of subregulation (I), bear the certificate number of the certificate holder. 26. (l) Where any person proposes to carry out any work Cadasnal likely to interfere with any survey mark , he shall take all necessary ~~:~,~J;loo"o precautions to ensure that any such survey mark is not interfered be taken to . h duri h f h k safeguardWIt . un ng t e course 0 t e war . ~llTvey mar ks (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 perm anent survey mark and the propose d work shall not commence until such steps have been taken. (3) The cost of any work carried out by the Director of Surveys pursuant to subregulation (2) may be recovered from the person carrying out the work. (4) As an alternative to subregulation (2), the person proposing to carry out the work may engage a land surveyor to ",nff':gl1:lro nny pf':rmnnf':nf , Ilrvf':y mnrk , in which event he': sha ll include the name of the land surveyor in the notice to the Director of Surveys required pursuant to subregulation (2). (5) It shall not be an offence against this regulation to remove any survey mark defining a boundary to allow a fence, LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 56 [Su b sld.1ar y] Chap. 58:04 Land Surveyors Land Surveyors Regulations Reinstatement of f;UTve y murkn byTrinidad and Tobago Land Surveyors. Recovery of buried survey marks. Surveys to be made in accordance with Regu lations. Survey of State lands. wall or other permanent improvement to be erected along the houndnry, hilt Oll t": nnti ce in writ ing shall he g ivf':n to th e Di rector of Surveys. 27. (I) In the event of any survey mark being interfered with, whether or not during the co urse 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 subregulation (I ) or (2) shall be guilty of an offence. (4 ) Any p~r"m other th an 0 Trinirlad and Toh080 T.and 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 fort hwith 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 break up the surface of any land whether paved or not to the extent necessary to reveal any survey mark which he believes to be buried under the surface. 29. (1) All surveys shall be made In acc or dance with existing Regulations . (2) Every survey shall be carried out by a surveyor personally or by assistants under the supervision of a surveyor. 30. Except for redefinition surveys, no surveyor shall survey State lands without obtaining a Survey Order from the Director of Surveys. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations www. legalaffairs.gov.tt Chap. 58:04 57 [Subsld.1ary] 31. Priorto commencing any survey, the Trinidad and Tobago Land Surveyor shall obtain all information relevant to the proposed 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 any doubt or discrepancy associated with a survey is relevant he shall disclose that doubt or discrepancy on his plan and in a written report to the Director of Surveys. 33. (1) For the purpose of ensuring that any survey complies with these R f':8111:ltinnc;" the Di rf': r:tn r o f SI1rvf':y" m:lY r-au o;;,f': a check survey to be made. (2) Before commencing the check survey, the Director of Survey s 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 TL.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 of Surveys, if satisfied with the reasons, shall appoint another TTL.S. to carry out the check survey. Survey to obtain all Iufunuuuun. Survey to disclose all doubts and discrepan cies. Check Surveys. 34. The Director of Surveys or the Board may request any Requi sitions. surveyor to amend any patent error on his plan, invite C0111111ent or explanation on any appare nt discrepancy or ambig uity, 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 purpose s Principles to be ob se rve d . true boundaries. (2) In the re-survey of existing boundaries, the surveyor shall observe the principle that the boundari es as defined hy survey marks set by the original surveyor are the true boundaries even LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 58 [Subsld.1ary] Chap. 58:04 Land Surveyors Land Surveyors Regulations Drtterences In measurements. Wider boundar ies. Fie ld work survey practice to ensure prescribed accuracy. where the survey marks are not the positions assigned to them by the data on the original plan . (3) Notwithstanding the provisions of subregulation (2), if any difference mentioned in the said subregulation 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 rc-survcy may reset the mark in accordance with the original intention, prov ided that: (a) the positions of improvements in relation to the amended boundary arc 110t 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 leng ths 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 of land. 37. (I) 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 ofland 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 normalleveI 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 methods as shall readily attain the standards of accuracy UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations www. legalaffairs.gov.tt Chap. 58:04 59 [Subsld.1ary] prescribed by these Regulations and land surveyors shall always apply such checks and tests to thei r work as to ensure that the said accuracy is attained. 39. All existing survey marks. fences. walls and other features providing or likely to prov ide evidence as the position of existing boundaries shall be included in any survey. 40. (I) Where necessary, field notes shall be reduced to a printed or 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 shall, on request in writing from the Director of Surveys or the Board, produce his field notes to the Director of Surveys within fourt een (14) days. 41. (I) All rules for the execution of cadastral surveys , recording offield notes, and the preparation of cadastra l plans shall be established from time to time, by the Board, in consultation with the Institute and 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 ; (h) methods for the survey of irregular boundaries; (r) the typ~ . form , and plncement of < Ilrv~y mnrks; (d ) datum lines for surveys; (e) the units of measurement to be used on survey plan s and the preci sion for distance s, bearings, angles , areas and co-ordinates ; UPDATED TO DECEMBER 31ST 2009 All evidence to be collected. Field notes. Field survey methods. accuracy, marks, plans. LR D . l /2006 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 60 [Su b sld.1ar y] Chap. 58:04 Land Surveyors Land Surveyors Regulations cr} 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 ot surveying equi pment to be used on surveys. Surveyor's certif icate. Survey notices. Ch. 56.02. 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. 43. (I) Before commencing any survey, the Trinidad and Tobago 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 Act, the purpose of the survey shall be stated and the period of the notice shall be seven clear days but in all other instances three 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 . UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations FIRST SCHEDULE FORM 1 LAND SURVEYORS REI; ULATlONS www. legalaffairs.gov.tt Chap. 58:04 61 [Subsld.1ary] [Reg. 3(311. APPLICATION FOR REGISTRATION AS A LAND SURVEYING GRADUATE I ~ . ....... hereby apply for registration as a Land Surveying Gradua te pursuant to regulation 3( 1). 3(2) of the Land Surveyors Regulations. "In support of my application , I enclose the following documentary evidence: Datedthis day of 20 Signature afApplicant *' Copies of degrees, diplomas or other relevant certificates , official transcript and certificate of good character and receipt of payment. LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 62 [Subsld.1ary] [Reg. 4(211. Chap. 58:04 Land Surveyors Land Surveyors Regulations FORM 2 LA ND SU n VE YORS ItEGULA'fI ON S APPLICATION FOR REGISTRATION AS A LAND SURVEYOR I ~ .. ................................................... hereby apply for registration as aLand Surveyor pursuant to regulation 4(1), of the Land Surveyors Regulation s. "In support of my application. I enclose the following documentary evidence: Dated this day of 20 .. Signature ofAppli cant %< Cop ies of de gree s. dip lomaa, officia l transcripts find all re levant ccrtiticatoa including those relevant for the proof of Professional Indemnity Insurance, a certificate of good character and the prescribed fee . UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations FORM 3 LAND SUR VEYO nS REGULATI ON S www. legalaffairs.gov.tt Chap. 58:04 63 [Subsld.1ary] [Reg. 5(211 . L. APPLICATION FOR REGISTRATION AS A TRINIDAD AND TOBAGO LAND SURVEYOR ....... of.. ........................................................... hereby apply to be registered as a Trinidad and Tobago Land Sur veyor for the period January 1 to December 3 1. 20.. *1 enclose the prescribed fcc of: Registered Surveyor Registrar *' Proof otProtcssional Indemnity Insurance coverage as well as Compensation funding is also to be included. LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 64 [Su b sld.1ar y] [Reg. 8(311. Chap. 58:04 Land Surveyors Land Surveyors Regulations FORM 4 LA ND SU n VE YORS ItEGULA'fI ON S APPLICATION FOR REGISTRATION AS A CORPORATION, PARTNERSHIP OR ASSOCIATION OF PERSONS ~ of . Hereby apply to be registered as a [] Corporation, [] Partnership, [] Association of persons, pursuant to regulation 8 of the Land Surveyors Regulation s. " vln support of our applications. we enclose the following documented evidence: Authorised Signature and Stamp H Pruuf uf PIUIl;~~ iUlHtl Iudcr uuity Insurance . 1I<t IlH.;(~) uf Re gis ter e d SUI \i l:yul(~) w hu will be personally responsible for surveying services, and the prescribed fcc. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations FORM 5 LAND SURVEYORS H. EG ULATIONS www. legalaffairs.gov.tt Chap. 58:04 65 [Subsld.1ary] [Reg. 8(411. LAND SURVEYORS BOARD OF TRINIDAD AND TOBAGO CERTIFICATE OF REGISTRATION This is to certify that having satisfactorily completed the prescribed requirements . has been registered under the prov isions of the Land Surveyors Act, Ch. 58:04. and is authorised to practise as a Surveyor in T r in id a d and Tobago for the year . Scaled with the commo n seal of the Board. This day of 20.. Registered Surveyor FORM 6 LAND SURVEYORS REGULATI ONS AI' I'LlCAIlON FO K KJ<;N J<;WAL OF 1{J<;GISIUATlON ....................................................... hereby apply to be registered as a Land Surveyor pursuant to the provisions of regulation 10 of the Land Surveyors Regulations .*' I enclose the prescribed fcc of: Dated this day of 20.. Registered Surveyor *' Proof otProtcssional Indemnity Insurance coverage as well as Compensation funding is also to be included . UPDATED TO DECEMBER 31ST 2009 (Reg. 101. LR D . l /2006 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 66 [Subsld.1ary] [Reg. 17(311. Chap. 58:04 Land Surveyors Land Surveyors Regulations FORM 7 LAND SURVEYORS R EG ULATIO NS APPLICATION FOR APPROVAL FOR PROPOSED PRACTICAL EXPERIENCE I of .. apply for approva l to serve a peri od of. . (state period) [Reg. 18(411. pr actical cxpcu cucc w ith MI. .......................................................• a H;gi~Ll:I l:U ~UI \'l:YUI. I propo se to serve the period of practical experience in the major category of ................................................ Surveying pursuant to the Act. Dated this day of 20.. Land Surveying Graduate FORM 8 LAND SURVEYORS REGULATIONS CERTIFICATE TO ACCOMPANY EACH C01\U'LETED 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 W3S not copied from any material published or deposited in any publi c record; that the project was commenced and completed on My supervising officer and colleagues were . (Date) (Signature) UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land SurveyorsRegulations FORM 9 LA ND SU RVEYO RS REGULATI ON S (To be submitted in dupli cate) www. legalaffairs.gov.tt Chap. 58:04 67 [Subsld.1ary] IReg. 20(211. APPLICATION TO BE EXAMINED FOR REGISTRATION OF A LICENCE TO PRACTISE AS A TRINIDAD AND TOBAGO LAND SURVEYOR Nam e of App licant . (Surname) Date of Birth . Place at Birth . (Other Names) t .o . No. Dri ver's PcnnitNo. . Academic Qualification s Experience in Major Categories Proposer 2 . Proposer's Address. Signature ofA pplicant Passport No.. Dates Dates Date NB: The candidate is requested to su bruit the original s of his transcript, birth certificate, pass por t or IV card or dnvcrs pcrnut to the Secretary at the Hoard tor vcnucauon. Originals will be promptly returned . NOTE: If the candidate has been supervised by more than one Land Surveyor he should sulnult additluual cur uplc tcd Iunus Im e ach individ ual VIUVU~l.: 1. LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 68 [Subsld.1ary] (Reg. II ). Chap. 58:04 Land Surveyors Land Surveyors Regulations SECOND SCHEDULE SCHEDULE OF FEES FEES I'AYA8LE TO TIlE LAND SURVEYORS HOARD OF TRINIDAD AND TORAGO $ 1. Re gistration as a Land Surveying Graduate. 2. Renewal at registration - Land Surveyin g Graduate .. 3. Registration as a Registered Surv eyor 4 . Renew al of registration- Registered Surveyor 5. Registrati on as a Trinidad and Tobago Land Surv eyor 6. Renewal of registra tion - Trinidad and Tobago La nd Surveyor . 7. Registration of a Corp ora tion/Partners hip/Finn 8. Inspection of the Register 9. Certif ied copy of the Re gi ster 10. App lication fcc for ex amination for registrat ion as a Land Surv eyor or a Trinidad and Tobago Land Surveyor 11. Appeal to the Board under regulation 21(8) .. UPDATED TO DECEMBER 31ST 2009 150.lXl IUU.DU 500.00 300.00 500.00 300.00 100.00 25.00 25.00 500.00 100.00 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations THIRD SCHEDULE CODE OF ETHICS www. legalaffairs.gov.tt Chap. 58:04 69 [Subsld.1ary] (Reg . 14). All persons registered under this Act shall abide by the follow ing code of ethics: Article J. 1. Surveyors shall serve the public to the best of their knowledge and abil ity in order to provide accurate and efficient services for the deve lopment and/or peaceful enjoyment of Trinidad and Tobago's lands and resources. Article 2. 2. They shall be honest and trustworthy: (11) They sh<111maintain confident iality wi th respect to their client's and employer 's affairs during their services or employment and after the services or employment has been terminated. (b) They shall not certify work that WiIS not performed under the ir personal supervision. (c) They shall not enter into any fee sharing arrangements without the knowledge and prior agreement of their clients. Article 3. 3. They shall be vigilant upholders of the law relating to their profession: (a) They shall not enter into any arrange ment that would enab le the unauthorised practice of their profession. (b) They shall not knowingly and willingly become acc essories to a failure to repo rt any illegal practice of their profess ion to the Board or the Institu te. Article 4. 4. They shall avoid professional impropriety: (a) They shall declare to their clients or employers any conflict of interest which impairs the quality of their service. (b) They shall not know ingly let the ir names be used in association with persons or enterprises of dubious or doubtful ethics. (r ) T hey shnl l n ot ~H"C"ppt r-nmpensution fnr t he "'~lmp servir-e from more than one source without the full knowledge of all parti es involved. Article 5. 5. They shall agree to charge and accept only a fair and just compensation for their serv ices : (a) Their claims for compensation shall be commensurate with the pro fessional and technical cornplexi ty of their services, their level of responsibility and liability. LRD.1/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 70 [Su b sld.1ar y] Chap. 58:04 Land Surveyors Land Surveyors Regulations (b) T hey shall make details relevant to the ir claims for compensation available to the client upon request. Article 6. 6. Members shall maintain their competence, integrity and respect for their profession ill their relation wi th their colleagues , clients, employees and the public : (aJ They shall assume profess ional responsibility for authorised 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 obligat ions of surveyors to the society. (c) They :-I1mIl provide their employees with good workin g 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 sha ll refrain from pub lic criticism of the conduct or practice of colleagues, but shall report any perceived misconduct or incompetence to the Land Survey Board. (j) They shall keep adequate records of their work such that its quality can be j udged 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 the ir advertising to a level that prov ides adequate factual informnrion Article 7. 7. They shall not be profess ionally involved in sett ing 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 8. 8. They shall fulfil their duty of instructing a Land Surveying Graduate superv ising the work of a Land Survey ing 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 fro m t ill: Disciplinary Committee ..\IlU provide iufonnation that i.IS limy be reasonably requested of them by the Board. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Land Surveyors Land Surveyors Regulations www. legalaffairs.gov.tt Chap. 58:04 71 [Subsld.1ary] Article 10. 10. They shall not become associated in respo nsibility for work with surveyors who do not conform to the published code of conduct for members published in these Regul ations: (aj 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 survey ing 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. LRD.l/2006 UPDATED TO DECEMBER 31ST 2009