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Professional and Technical Surveyors' Act, 1984  (Act No. 40 of 1984)

7. General powers of council and powers of Minister relating to certain matters in respect of which the council has made recommendations

 

 

(1) The council may—
(a) appoint and remunerate a registrar and such other person as the council may deem necessary for the performance of its functions, and may determine their functions;
(b) determine the procedure at meetings of the council or any committee of the council and the manner in which minutes of the proceedings at such meetings shall be kept;
(c) subject to the provisions of section 10(2), consider and give its final decisions on recommendations of a committee of the council or the education advisory committee;
(d) acquire or hire such movable or immovable property as it may deem necessary for the effective performance of its functions, and dispose of property so acquired or hired;
(e) enter into contracts and decide the manner in which contracts shall be entered into on behalf of the council;
(f) collect the funds of the council and, subject to the provisions of paragraph (d), deal with them by—
(i) investing them or any portion thereof by means of a deposit with the National Finance Corporation of South Africa, a banking institution registered in terms of the Banks Act, 1965 (Act No. 23 of 1965), a building society registered in terms of the Building Societies Act, 1965 (Act No. 24 of 1965), or the General Post Office;
(ii) depositing them or any portion thereof in a savings account with such a banking institution or building society or with the General Post Office;
(iii) depositing them or any portion thereof in a current account with such a banking institution;
(g) determine the manner in which an applicant shall apply for registration as a professional surveyor, a professional surveyor in training, a technical surveyor or a survey technician in training, determine the fees which shall be payable to the council in respect of any such registration and the annual fees which shall be payable to the council by any person as long as he remains registered as a professional surveyor, as a professional surveyor in training, as a technical surveyor or as a survey technician in training, determine the portion of such annual fees which shall be payable in respect of any part of a year and determine the date on which such annual fees or portion thereof shall become due and payable, and grant such exemption from payment of such annual fees or portion thereof as the circumstances of any particular case in the opinion of the council may justify;
(h) subject to the provisions of this Act, consider and decide upon any application for registration as a professional surveyor, as a professional surveyor in training, as a technical surveyor or as a survey technician in training;
(i) decide upon the form of the registers and certificates to be kept, maintained or issued in terms of this Act, the reviewing thereof and the manner in which alterations thereto may be effected, and determine the fees payable in respect of the issue of such certificates;
(j) recommend to the Minister the work of a kind in connection with projects, undertakings or services of a survey nature (excluding cadastral surveys and surveys which may or are required to be performed in terms of any law governing mines and works or surveys which are performed in, on or in relation to a mine) to be reserved for professional surveyors, technical surveyors, or any category of professional or technical surveyors referred to in subsection (4)(b);
(k) [Deleted]
(l) subject to the provisions of this Act, determine the manner of inquiry according to which any case of alleged improper conduct is to be inquired into against any person who is or was registered in terms of this Act;
(m) take any steps which it may consider expedient for the protection of members of the public in their dealings with persons registered in terms of this act, the maintenance of the integrity and the enhancement of the status of such registered persons and the improvement of the standards of their qualifications;
(n) encourage research into matters relating to surveying, and advise, or render financial or other assistance to, any university, technikon, college or other body for the purposes of education or training in surveying;
(o) finance, print, distribute and administer the publication of, and generally take any steps necessary to publish, any publication relating to surveying or related matters;
(p) advise the Minister on matters relating to surveying or related matters;
(q) assist with or organise conferences, seminars and lectures for the furtherance of surveying and related matters;
(r) render financial assistance to students at a university, technikon or college, and collect and administer funds for such purpose; and
(s) take such other action and do such other things as may be required for the proper performance of its functions in terms of this Act.

 

(2) The Minister may, after consideration of a relevant recommendation made by the council under subsection (1)(j), and with the concurrence of the Competition Board established by section 3 of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), prescribe the work of a kind in connection with projects, undertakings or services of a survey nature (excluding cadastral surveys and surveys which may or are required to be performed in terms of any law governing mines and works or surveys which are performed in, on or in relation to a mine which shall be reserved for professional surveyors, and any category of professional and technical surveyors referred to in subsection (4)(b).

 

(3) Before any provision is made under subsection (2)(a), a notice setting forth the proposed provision shall be published by the Minister in the Gazette, together with a notice intimating that it is proposed to make such provision under this section within a stated period, but not less than four weeks as from the data of the said publication, and inviting interested persons to submit any objections to or representations concerning the proposed provisions: Provided that, if the Minister thereafter decides, after consultation with the council, to effect any alteration to the provision so published as a result of any objections or representations submitted in respect thereof, it shall not be necessary to publish such alteration before finally making the provision under this section.

 

(4) Subject to the provisions of this Act, the council shall keep and maintain a register of:
(a) professional land surveyors qualified to perform the surveys referred to in section 27(1)(a);
(b) the categories of professional surveyors, professional surveyors in training, technical surveyors and survey technicians in training as may be prescribed; and
(c) professional land surveyors, professional surveyors and surveyors who are practising in the form of professional companies or close corporations; and
(d) such register shall at all reasonable times be open for inspection by any person upon payment of such fees as the council may determine.

 

(5) Provisions made under subsection (2)(a) may provide for the exclusion therefrom of work done under specified circumstances or for specified purposes or by or for specified persons or classes of persons or within or outside specified areas or classes of areas.

 

(6) Any provision made under subsection (2) shall be made known by the Minister by notice in the Gazette.