Second Reading Speech by Minister of State, Ministry of Law & Ministry of Transport Murali Pillai on Land Surveyors (Amendment) Bill 2024

6 August 2024 Posted in Parliamentary speeches and responses

1. Madam Deputy Speaker, on behalf of the Minister for Law, I beg to move, “That the Bill be now read a Second time.”

Introduction

2. Before I deal with the Bill proper, please allow me to outline the important roles and functions that land surveyors perform.     

3. Land surveyors conduct land, building or property surveys in Singapore.

(a) Such surveys are necessary to demarcate property boundaries required for the issuance of titles and land development works.

(b) They also have the expertise to conduct other types of survey work, such as as-built, topographical and setting-out surveys.

4. Land surveyors play an important role in the built environment sector.

(a) By depicting accurate boundaries and areas in their cadastral surveys, land surveyors contribute to a stable and reliable property ownership framework, which gives certainty to individuals and businesses alike in their dealings.

(b) Land surveyors also work with other professionals within the sector, including architects and professional engineers, throughout the lifecycle of a development project.

(c) The work stretches from concept to construction and even beyond; from topographical surveys of the site to the final stage of cadastral survey when the building is completed.

5. Conversely, any errors by land surveyors, such as in the determination of property boundaries in a cadastral survey, can have significant downstream consequences.

(a) For example, discrepancies in the surveyed land area occupied by a property could affect the property’s valuation.

(b) Errors could also lead to inaccurately demarcated boundaries, resulting in encroachments onto neighbouring plots of land owned by different parties.

6. The Land Surveyors Act 1991 (“the Act”) was enacted to establish a system of registration and regulate the qualifications and practices of land surveyors who supply their services in Singapore.

7. Under the Act:

(a) The Land Surveyors Board (“LSB”) oversees the registration of land surveyors, regulation of the qualifications and practice of land surveyors, as well as related matters.

(b) The LSB is also empowered by the Act to establish, maintain and develop the standard of professional conduct and ethics of the surveying profession.

8. Under our current framework, individuals (regardless of nationality) can only engage in land survey work in Singapore, if they are:

(a) Registered surveyors, who have a valid practising certificate issued by the LSB;

(b) Authorised surveyors; or

(c) Carrying out land survey work under the direction or supervision of such registered surveyors or authorised surveyors.

9. Registered surveyors are individuals who are registered as land surveyors under section 12 of the Act.

(a) These individuals must meet the LSB’s eligibility criteria, such as passing of examinations and a professional interview conducted by the LSB.

10. Authorised surveyors refer to land surveyors employed by the Singapore Land Authority, regardless of whether they are registered under section 12 of the Act.

11. This framework has served Singapore well over the years.

(a) It has ensured that all land surveyors providing services in Singapore are fit and qualified to do so.

12. At the same time, land surveying is evolving, for example, to include the use of rapidly developing land surveying technologies, such as ground penetrating radar. This is creating new and exciting opportunities for cross-border exchange of expertise.

13. Given these developments, we are introducing this Bill to help the local profession to pursue these opportunities. In addition, as the last major amendments to the Act were made 20 years ago, we are also taking the opportunity to update certain aspects of the Act.

Key amendments to the Act

14. The broad proposals in this Bill are:

(a) Facilitating the implementation of Mutual Recognition Arrangements (“MRAs”) between Singapore and other countries or territories, and/or between the LSB and its foreign counterparts in other countries or territories;

(b) Granting registered surveyors greater professional recognition; and

(c) Updating the penalties and fines and dealing with the consequential amendments in the Act.

15. I will take honourable Members through these areas in turn.

Facilitating the cross-border movement of registered surveyors through Mutual Recognition Arrangements (MRAs)

16. First, amendments to facilitate the implementation of MRAs.

17. As defined in the Bill, MRAs are bilateral or multilateral arrangements for the mutual recognition of land surveyors who are registered in their respective countries or territories and the survey work that may be performed by these land surveyors in each such country or territory that is party to the MRA.

18. The proposed amendments will facilitate the movement of local registered surveyors from Singapore who wish to pursue new opportunities overseas (subject to the rules in the foreign jurisdiction). It also allows Singapore to benefit from the expertise of foreign land surveyors.

19. MRAs will also allow us to build up and strengthen new capabilities within the local surveying profession, through the mutual exchange of knowledge, expertise and best practices.

(a) For example, registered foreign surveyors may be able to share their experience or expertise with specialised equipment in emerging areas like aerial Light Detection and Ranging (LIDAR) scanning, underground survey and large-scale mapping.

(b) Our local registered surveyors can also benefit by collaborating with registered foreign surveyors who have access to specialised equipment, such as cameras used to conduct aerial mapping.

(i) This can help them to take on new or different types of projects, with lower upfront capital investment.

20. For local registered surveyors intending to engage in survey work overseas under an MRA, the new section 10A, inserted by Clause 7 of the Bill, will provide for them to apply to the LSB to be recognised for the purposes of that MRA.

21. Meanwhile for foreign surveyors who wish to carry out survey work in Singapore, Clauses 3 to 6, and 9 of the Bill will amend the Act to:

(a) Require the LSB and its Registrar to administer and maintain a register of foreign surveyors who have successfully registered with the LSB; and

(b) Allow registered foreign surveyors to carry out survey work in Singapore, in a manner permitted by the LSB pursuant to an MRA.

22. These changes are supported by members of the LSB, which includes private sector representatives.

23. They are also in line with the 2017 amendments to the Architects Act 1991 and Professional Engineers Act 1991, which facilitated the implementation of MRAs in these related professional fields.

Benefits of MRAs

24. Honourable Members who are familiar with the developments in the built environment sector will know that land surveyors, architects and professional engineers are often collectively referred to as allied professionals. The amendments proposed in this Bill on MRAs will have the effect of ensuring that local registered surveyors are on par with their allied counterparts.

25. MRAs can make it easier for local registered surveyors to practise abroad in a participating jurisdiction.

26. Currently, a local registered surveyor who wishes to engage in land survey work overseas is likely to have to go through the full qualification process to be registered to practise in that jurisdiction.

(a) The surveyor will have to meet that jurisdiction’s requirements, including residency or citizenship-based restrictions, if applicable.

(b) The application process may also involve steps such as passing exams or professional interviews conducted by the overseas Board/Authority.

27. However, where there is an MRA in place, the local registered surveyor can apply to LSB to be recognised for the purposes of the MRA instead.

28. One example is the ASEAN Framework Arrangement for the Mutual Recognition of Surveying Qualifications (“ASEAN MRA”) which was signed in 2007.

(a) After the ASEAN MRA is implemented, the ASEAN Registered Surveyor Scheme (“the Scheme”) will be introduced.

(b) Eligible land surveyors can apply through their local survey authorities to the ASEAN Competent Authority Committee on Surveying (“ACACS”) to be recognised as ASEAN Registered Surveyors.

(c) Local registered surveyors in Singapore who have been recognised as ASEAN Registered Surveyors will be able to collaborate on land surveying projects in other ASEAN Member States. Such ASEAN Registered Surveyors will not have to go through the full qualification process in that country, but will remain subject to any conditions imposed by the relevant overseas survey Board or Authority.

29. This will help our local registered surveyors to tap on business opportunities in different markets and broaden their exposure and experience.

30. The ASEAN Member States have been working together to implement the Scheme. LSB will update the local registered surveyor community, when the Scheme is ready for implementation.  

31. Such MRAs will also introduce a new way for foreign land surveyors to contribute to land survey work in Singapore.

(a) Aside from the three existing pathways through which individuals can engage in survey work in Singapore, which I touched on earlier, foreign land surveyors will be able to apply to the LSB to be registered foreign surveyors.

(b) This will allow them to engage in survey work in Singapore, in a manner permitted by the LSB pursuant to an MRA.

(c) For example, under the Scheme, ASEAN Registered Surveyors from other ASEAN Member States will be able to collaborate with our local registered surveyors on surveying projects in Singapore, after they are registered with LSB.

(i) These registered foreign surveyors will not be allowed to practise independently. They can only do so in collaboration with a local registered surveyor.

Safeguards in the implementation of MRAs

32. On the matter of safeguards in the implementation of MRAs, I wish to highlight that foreign land surveyors will need to meet certain requirements, before they can provide land surveying services in Singapore in accordance with the terms of an MRA.

(a) For example, under the Scheme, there will be binding minimum requirements in terms of qualifications and work experience, which individuals must meet before they can be recognised as ASEAN Registered Surveyors.

(b) The new section 12A(4) inserted by Clause 9 of the Bill also allows the LSB to impose additional conditions on foreign land surveyors as part of their registration as registered foreign surveyors.

(c) This enables the LSB to ensure there are safeguards to protect the interests of the public, where required, and allows it to continue to effectively regulate the quality of land surveying services provided in Singapore.

33. Registered foreign surveyors will support, rather than compete with, our local registered surveyors.

(a) For example, as mentioned earlier, foreign ASEAN Registered Surveyors will not be allowed to provide land surveying services independently in Singapore, i.e. without a local partner.

(i) If they wish to practise independently in Singapore, they must go through the same process as any other individual who wishes to be a local registered surveyor today.

(ii) ii. This includes passing the examinations and professional interview conducted by the LSB, being registered with the LSB and having in force a practising certificate.

(b) When the Scheme is implemented, the LSB also intends to impose a condition that foreign registered surveyors under the Scheme will only be able to take on one project (and thus collaborate with only one local registered surveyor) at any one point in time.

(c) The LSB will continue to monitor the implementation of the scheme in Singapore, and make adjustments where necessary.

Granting greater professional recognition to registered surveyors

34. I now move to the second proposal in the Bill; the introduction of official titles for local registered surveyors and registered foreign surveyors.

(a) This will grant greater recognition to local registered surveyors and help distinguish local registered surveyors from their counterparts.

35. Under section 10(2) as amended by Clause 6:

(a) Local registered surveyors will be able to use the title “RS”.

(b) This is similar to the use of professional titles amongst registered architects and registered professional engineers.

(c) Registered foreign surveyors will be able to use a separate designation, to be determined by the LSB.

Enhancing penalties and fines and other consequential amendments

36. The final proposal in the Bill is to update the fines and penalties for illegal practice and improper conduct in land surveying.

37. The quanta of fines and penalties have remained unchanged since the Act was enacted in 1991.

(a) It is thus timely to review them to ensure they remain effective deterrents going forward.

(b) The LSB carried out a holistic review, referencing similar offences in the Architects Act 1991 and the Professional Engineers Act 1991, while keeping in mind the difference in the nature of the work of land surveyors and that of these allied professionals.

38. For specific offences such as illegal practice, wilful falsification of register and wrongfully procuring registration, stiffer fines are proposed.

(a) Clauses 6 proposes to raise the maximum fine in Section 10(5), which sets out the penalties for engaging in survey work in Singapore without meeting the requirements stipulated under the Act, and falsely representing oneself as a person authorised to supply survey services in Singapore from $4,000 to $10,000; and

(b) Similarly, Clause 15 proposes to raise the maximum fine stated in Section 34, which prescribes penalties for the wilful falsification of any register kept under the Act, and wrongfully procuring registration under the Act from $4,000 to $10,000 too.

39. As for disciplinary proceedings and revocation of licenses, Clauses 11 and 12 provide for the raising of the maximum penalties under sections 25(2) and 27(2) to $20,000 and $50,000 respectively, from the existing maximum penalties of $10,000 and $20,000.

(a) The LSB is empowered to impose these penalties on (i) registered surveyors and (ii) licensed corporations/ partnerships/ limited liability partnerships respectively – in cases where the LSB considers that no cause of sufficient gravity for cancellation of a registration, suspension from practice or revoking a licence exists, but some form of disciplinary action is appropriate.

40. Next, Clause 13 will raise the maximum fine under section 30(2) from $2,000 to $5,000.

(a) This pertains to a refusal or failure, when required to do so by the LSB or an Investigation Committee convened by the LSB, to: (i) give evidence, (ii) answer truthfully and fully any question or (iii) produce any book, document or paper.

41. Finally, Clause 17 makes consequential amendments to certain other Acts.

(a) These will make clear that the term “registered surveyor”, when used in these other Acts, only applies to the land surveyors registered under section 12 of the Land Surveyors Act, i.e., to local registered surveyors.

(b) This will avoid any confusion with the introduction of registered foreign surveyors into the local land surveying landscape.

Conclusion

42. In closing, these amendments will make it easier for local registered surveyors to tap on opportunities overseas, and at the same time allow Singapore to tap on external land surveying expertise and resources, to support the built environment sector.

43. They will also provide strong recognition for practising local registered surveyors on par with their allied counterparts such as architects and professional engineers.

44. Finally, the amendments will strengthen the LSB’s regulatory powers. This will allow it to continue upholding the standing and integrity of the professional land survey fraternity in Singapore.

Last updated on 6 August 2024