Intellectual Property Rights from Publicly Financed Research and
R 385
Geomatics Profession Act, 2013 (Act No. 19 of 2013)Chapter 3 : Registration13. Registration of persons |
| (1) | A person may be registered in terms of subsection (4) in one or more of the following categories and in one, more or all of the applicable branches of the geomatics profession: |
| (b) | a geomatics technician; |
| (c) | a geomatics technologist; or |
| (d) | a geomatics professional. |
(2)
| (a) | A person may not practice in or perform any work, whether for reward or otherwise, which is reserved for any of the categories or branches referred to in subsection (1), unless he or she is registered in that category or branch or he or she performs such work under the supervision of a registered person of the same discipline and such registered person assumes responsibility for any work so performed. |
| (b) | A person whose name is not entered in the register for professional land surveyors referred to in section 8(1)(b)(iii)(bb), may not practice in or perform— |
| (i) | any survey for the purposes of preparing a diagram or general plan to be filed or registered in terms of any law governing the registration of any land or rights in land or mentioned in any manner whatsoever in any other document to be so filed or registered; or |
| (ii) | any survey affecting the delimitation of the boundaries or the location of the beacons of any land so registered. |
| (3) | Any person intending to be registered in a category or branch contemplated in subsection (1) must apply for registration in the manner determined in the rules. |
| (4) | The Council must consider an application for registration, register the applicant in the relevant category and branch and issue to him or her a registration certificate in the form determined in the rules, if the Council is satisfied that the applicant— |
| (a) | in the case of a person applying for registration as a candidate geomatics practitioner, is registered for an accredited and appropriate geomatics educational programme registered on the NQF and recognised in terms of subsection (5); |
| (b) | in the case of a person applying for registration as a geomatics technician— |
| (i) | has completed an accredited and appropriate geomatics educational programme registered on the NQF and recognised in terms of subsection (5); |
| (ii) | has completed such practical training as may be determined in the rules; and |
| (iii) | has passed a competency assessment determined by the Council; |
| (c) | in the case of a person applying for registration as a geomatics technologist— |
| (i) | has completed an accredited and appropriate geomatics educational programme registered on the NQF and recognised in terms of subsection (5); |
| (ii) | has completed such practical training as may be determined in the rules; and |
| (iii) | has passed a competency assessment determined by the Council; and |
| (d) | in the case of a person applying for registration as a geomatics professional— |
| (i) | has completed an accredited and appropriate geomatics educational programme registered on the NQF and recognised in terms of subsection (5); |
| (ii) | has completed such practical training as may be determined in the rules; and |
| (iii) | has passed a competency assessment determined by the Council. |
| (5) | The Council must, in liaison with the relevant quality council referred to in Chapter 5 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), and in accordance with section 28 of that Act, determine which educational programmes and qualifications relating to geomatics, registered or to be registered on the NQF by the South African Qualifications Authority in terms of that Act, would be recognised for the purposes of subsection (4)(a), (b)(i), (c)(i) and (d)(i). |
| (6) | Only a registered person may be described in terms of the category and branch of geomatics in which he or she is registered. |
| (7) | The Council may determine abbreviations or acronyms for the categories and branches referred to in subsection (1). |
| (8) | The Council must not register any person who— |
| (a) | is an unrehabilitated insolvent whose insolvency was caused by his or her negligence or incompetence in performing geomatics work; |
| (b) | is declared by a court of law to be mentally incompetent or is detained under the Mental Health Care Act, 2002 (Act No. 17 of 2002); |
| (c) | has been convicted, whether in the Republic or elsewhere, of an offence involving dishonesty and for which he or she was sentenced to imprisonment without the option of a fine; |
| (d) | has been removed from an office of trust on account of improper conduct and has not been re-instated; |
| (e) | has had his or her name removed from any professional register on account of misconduct and has not been reinstated; or |
| (f) | is not a fit and proper person. |
