AKTA JURUUKUR TANAH BERLESEN (PINDAAN) 2024

by inserting after the definition of “boundary mark”

the following definitions:

‘ “Director General of Survey and Mapping” means the officer performing the duties of the head of the Survey and Mapping Department Malaysia;

“Director of Survey and Mapping” means the officer performing the duties of the head of the Survey and

Mapping Department Malaysia at a state;

“geomatics survey” means any survey undertaken for the purposes of production of or in connection with, maps, geomatics survey plans or information using survey-accurate techniques;

“geomatics survey plan” means a plan signed by a licensed land surveyor recording and depicting the work carried out by him on a geomatics survey, or a plan signed by an officer authorized by the Director General of Survey and Mapping to do so recording the work of a Government surveyor on a geomatics survey;’;

by deleting the definition of “Director General of Survey”;

by substituting for the definition of “Government surveyor”

the following definition:

‘ “Government surveyor” means any public officer of Malaysia who is authorized by the Director General of Survey and Mapping to undertake any title survey or geomatics survey, and for the purposes of sections 8, 9 and 10 and paragraph 19(a), includes the Director General of Survey and Mapping;’;

in the definition of “Minister”, by substituting for the word “lands” the words “survey and mapping”;

Licensed Land Surveyors (Amendment)

in the definition of “reciprocating territory”, by deleting the words “within the Commonwealth”;

in the definition of “Register”, by inserting after the word

“kept” the words “and maintained”;

in the definition of “survey plan”, by substituting for the words “an officer authorized by the Director General of

Survey to do so and recording the work of a Government

Surveyor” the words “the Director General of Survey and

Mapping, the Director of Survey and Mapping or the Deputy Director of Survey and Mapping recording the work of a Government surveyor on a title survey”; and

in the definition of “title survey”—

by renumbering paragraph (a) as paragraph (aa);

and

by inserting before paragraph (aa) as renumbered the following paragraph:

“(a) the preparation of a pre-computation plan;”.

Amendment of section 4

the Director General of Survey and Mapping;

the Deputy Director General of Survey and Mapping;

a Director of Survey and Mapping, appointed by the Minister; and

three licensed land surveyors who are resident and practising in the States of Peninsular Malaysia or the Federal Territory of Labuan, appointed by the Minister.”.

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Amendment of section 5

by substituting for the words “Director General of Survey”

the words “Director General of Survey and Mapping”;

and

by substituting for the words “Deputy Director General of

Survey” the words “Deputy Director General of Survey and Mapping”.

Amendment of section 9

in subparagraph (1)(b)(ii), by substituting for the words

“the Republic of Singapore” the words “the Federal

Territory of Labuan”; and

by inserting after subsection (2) the following subsection:

“(3)  Any person who is registered under this section shall be entitled to use the abbreviation “LSr” before his name or in any way in association with his name.”.

Amendment of section 13

in subsection (1), by inserting after the words

“title surveys” the words “and geomatics surveys”;

in subsection (2)—

by substituting for the words “Director General of

Survey” the words “Director General of Survey and Mapping”; and

by inserting after the words “title survey”

the words “and geomatics survey”;

Licensed Land Surveyors (Amendment)

in subsection (3), by inserting after the words

“title surveys” the words “and geomatics surveys”;

in subsection (4), by inserting after the words

“title survey” the words “or geomatics survey”; and

by substituting for subsection (5) the following subsection:

“(5)  For the purpose of obtaining data for a title survey or geomatics survey, a licensed land surveyor may, at all reasonable times be permitted to inspect relevant maps, plans and records of the Survey and

Mapping Department Malaysia and to make copies of such information therefrom as he may require without payment of search fees, but he shall not remove any such maps, plans and records from the custody of the Survey and Mapping Department

Malaysia and he will be held pecuniarily liable for any damage which he may cause to them while they are under his control.”.

Amendment of section 14

by renumbering the existing section as subsection (1);

in subsection (1) as renumbered—

by substituting for the words “Government Survey

Department” the words “Survey and Mapping

Department Malaysia”;

by substituting for the words “field books, calculation sheets and survey data with the Survey Department and all such documents shall” the words “survey records and data with the Survey and Mapping Department Malaysia and such survey plan, survey records and data shall”; and

Laws of Malaysia 8

by substituting for the words “the Director General of Survey or other officer appointed by him to approve the same on his behalf” the words

“the Director General of Survey and Mapping, the Director of Survey and Mapping or the Deputy

Director of Survey and Mapping”; and

by inserting after subsection (1) as renumbered the following subsection:

“(2)  On completion of a geomatics survey as may be specified by the Director General of Survey and

Mapping, the geomatics survey plan of which is to be lodged with the Survey and Mapping Department

Malaysia, the licensed land surveyor who signs the geomatics survey plan thereof shall deposit such plan together with the relevant survey records and data with the Survey and Mapping Department Malaysia and such geomatics survey plan, survey records and data shall become the property of the Government and shall be filed as permanent survey records.”.

Amendment of section 15

in subsection (1)—

by substituting for the words “Director General of

Survey” the words “Director General of Survey and Mapping”; and

by inserting after the words “title survey”

the words “or geomatics survey”;

Licensed Land Surveyors (Amendment)

in subsection (2)—

by substituting for the words “The Director

General of Survey or other person authorized by him to approve survey plans” the words

“The Director General of Survey and Mapping or any Government surveyor so authorized by him”;

by inserting after the words “any error made by him” the words “on a title survey or geomatics survey”; and

in the proviso—

by inserting after the words “relevant survey plan” the words “or geomatics survey plan, as the case may be,”; and

by substituting for the words

“Survey Department” the words

“Survey and Mapping Department

Malaysia”;

in subsection (3)—

by inserting after the words “within the time specified” the words “in the notice referred to in subsection (2)”;

by inserting after the words “to correct such error”

the words “to the title survey,”; and

by substituting for the words “Director General of Survey” the words “Director General of

Survey and Mapping, the Director of Survey and Mapping or the Deputy Director of Survey and Mapping”;

in subsection (4), by substituting for the words

“the Director General of Survey” the words “the Director

General of Survey and Mapping or any Government surveyor so authorized by him”; and

Laws of Malaysia 10

by inserting after subsection (4) the following subsection:

“(5)  In the event of such licensed land surveyor refusing or neglecting within the time specified in the notice referred to in subsection (2) to correct such error to the geomatics survey, the Director General of

Survey and Mapping or any Government surveyor so authorized by him shall report the facts to the Board for disciplinary action.”.

Amendment of section 17

by substituting for the words “the Board may—”

the words “the Board may impose any one or any combination of two or more of the following disciplinary punishments:”;

in paragraph (a), by substituting for the words

“strike off” the words “to strike off”;

in paragraph (b), by substituting for the word “suspend”

the words “to suspend”;

in paragraph (c)—

by substituting for the word “impose” the words

“to impose”; and

by substituting for the words “five hundred ringgit”

the words “one hundred thousand ringgit”;

and

in paragraph (e), by substituting for the word “reprimand”

the words “to reprimand”.

Licensed Land Surveyors (Amendment)

11

Substitution of section 19

wilfully and falsely pretends, or takes or uses any name or title or abbreviation implying, that he is a licensed land surveyor or a Government surveyor;

not being a licensed land surveyor or a Government surveyor—

undertakes any title survey or geomatics survey including professional consultancy work in connection with a title survey or geomatics survey; or

certifies to the accuracy of any title survey or geomatics survey or signs, certifies or initials any survey plan or geomatics survey plan;

not being a person acting under the immediate personal direction or supervision of a licensed land surveyor, carries out or undertakes to carry out any work in connection with any title survey or geomatics survey; or

uses any pre-computation plan, schedule of parcels, or any title survey or geomatics survey related documents, plans or drawings prepared or certified by a licensed land surveyor or a Government surveyor without the authorization of the licensed land surveyor or the Director General of Survey and Mapping, the Director of Survey and Mapping or the Deputy Director of Survey and Mapping, as the case may be, commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.

Laws of Malaysia 12

New section 19a

)  The Board may, subject to any conditions or specifications as the Board may determine, allow any documents required to be submitted or furnished under this Act or regulations made under this Act to the Board to be submitted or furnished by an electronic medium or by way of an electronic transmission.

)  The survey records and data and documents submitted or furnished by an electronic medium or by way of an electronic submission shall be deemed to have been submitted or furnished by a person to the Director General of Survey and Mapping or the Board, as the case may be, when the acknowledgment of receipt of such survey records and data or other documents are transmitted electronically by the Director General of Survey and Mapping or the Board to the person.”.

Amendment of Schedule

apply to the Board to have his name placed upon the Register in accordance with section 9 of the principal

Act; and

apply to the Board for a licence to practice as a licensed land surveyor to be issued to him in accordance with section 10 of the principal Act.

) Pending the determination of any of the applications referred to in subsection (1), the applicant may continue to undertake his geomatics survey and the Board may impose any conditions as the Board thinks fit in relation to the undertaking of the geomatics survey.

) Where any of the applications under subsection (1)

is refused, the applicant shall cease to undertake the geomatics survey from the date the applicant is notified of the refusal and the Board may give any directions to the applicant as the Board thinks fit in relation to the cessation of the geomatics survey by the applicant.