Geomatics Profession Act, 2013 (Act No. 19 of 2013)Chapter 2 : South African Geomatics Council8. Powers and duties of Council |
| (1) | The Council, in exercising its powers and performing its duties— |
| (a) | with regard to administrative matters— |
| (i) | must, with the concurrence of the Minister and the Minister of Finance— |
| (aa) | appoint the Registrar and such other persons as it considers necessary for the performance of its functions; and |
| (bb) | determine the functions, remuneration and conditions of service of the Registrar and such other persons; |
| (ii) | must determine where its head office must be situated; |
| (iii) | must determine the manner of convening meetings and the procedure at meetings of the Council or of any committee, the quorum for committee meetings and the manner in which minutes of all meetings must be kept; |
| (iv) | may take any reasonable steps necessary to publish any publication relating to the geomatics profession and related matters; and |
| (v) | must make rules in respect of the procedure for the cancellation or suspension of the registration of a person registered in terms of this Act; |
| (b) | with regard to the registration of persons in terms of section 13, must— |
| (i) | subject to the provisions of this Act, consider and decide any application for registration; |
| (ii) | in such manner as may be prescribed, keep and maintain a register, which must at all reasonable times be open for inspection by any member of the public; |
| (iii) | in such manner as may be prescribed, enter into a register the names of— |
| (aa) | persons registered in each of the categories contemplated in section 13, including persons referred to in section 37(3) and, in the case of geomatics technicians, geomatics technologists and geomatics professionals, must specify in which branch or branches of geomatics each person is entitled to practice; and |
| (bb) | professional land surveyors who are qualified to perform the surveys referred to in section 13(2)(b); |
| (iv) | decide upon the form of the register and registration certificates to be issued, the reviewing thereof and the manner in which alterations thereto may be effected; and |
| (v) | within 90 days of its first meeting, or within such extended period as the Minister may approve, make rules in respect of the manner in which any person must apply for registration and the qualifications necessary for such registration; |
| (c) | with regard to fees, must be guided by the actual administrative costs associated with the specific service and— |
| (i) | must make rules in respect of— |
| (aa) | the application, registration and, with the concurrence of the Minister and the Minister of Finance, the annual fees payable to the Council by the different categories of applicants or registered persons; |
| (bb) | the portion of such annual fees which is payable in respect of any part of a year; and |
| (cc) | the date on which any fee or portion thereof is payable; |
| (ii) | may for good cause grant exemption from payment of application fees, registration fees, annual fees or a portion thereof, or may defer any such payment; |
| (iii) | must, with the concurrence of the Minister and the Minister of Finance, determine the fees or any part thereof payable to the Council in respect of any assessment contemplated in section 13(4) conducted by or on behalf of the Council; |
| (iv) | must, with the concurrence of the Minister and the Minister of Finance, make rules in respect of the fees payable in respect of the lodging of an appeal with the Appeal Board and the copying or transcription of records of a disciplinary tribunal; and |
| (v) | may, with the concurrence of the Minister and the Minister of Finance, determine any other fee it considers necessary; |
| (d) | with regard to education and training— |
| (i) | must consult with the relevant quality council referred to in Chapter 5 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), and the voluntary associations, to determine the required competency standards relevant to the geomatics profession; |
| (ii) | must conduct accreditation visits to educational institutions offering educational programmes with regard to geomatics at least once in four years and, if the Council does not conduct an accreditation visit within the four-year period, must notify the Minister accordingly and provide reasons for not visiting such institutions; |
| (iii) | may, subject to the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), recognise specific qualifications or part qualifications as requirements to be registered as a geomatics practitioner; |
| (iv) | must deal with matters pertaining to education and training in consultation with the Council on Higher Education established in terms of the Higher Education Act, 1997 (Act No. 101 of 1997); |
| (v) | may establish mechanisms for registered persons to gain recognition of their qualifications and professional status in other countries; |
| (vi) | may, subject to the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), enter into an agreement with any person or body, within or outside the Republic, with regard to the recognition of any examination or qualification for the purposes of this Act; |
| (vii) | may advise or assist any educational institution, voluntary association or examining body with regard to educational facilities for the training of registered persons and prospective registered persons; |
| (viii) | must make rules to determine the procedure for any assessment for the purposes of section 13(4); and |
| (ix) | must make rules which determine— |
| (aa) | the conditions relating to continuing professional development; |
| (bb) | the nature and extent of continuing professional development to be undertaken by persons registered in terms of this Act; |
| (cc) | the criteria for the recognition of continuing professional development and of service providers offering such activities; |
| (dd) | the recognition of professionals who offer opportunities for practical training towards the development of graduates and potential graduates; and |
| (ee) | 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 the South African Qualifications Authority, if applicable, the recognition of any prior learning relating to the geomatics profession; |
| (e) | with regard to finance and subject to subsection (2) of this section and sections 66 and 70 of the Public Finance Management Act, 1999 (Act No. 1 of 1999), where applicable— |
| (i) | must collect all monies due to it; |
| (ii) | may invest its funds in any registered financial institution approved by the National Treasury; |
| (iii) | may, with the approval of the Minister of Finance, raise loans for the purposes of effectively performing its functions; |
| (iv) | may, with a view to promoting any matter relating to the geomatics profession, lend money in the manner, subject to such conditions and against such security as may be prescribed by the Minister with the concurrence of the Minister of Finance; |
| (v) | may, with the approval of the Minister of Finance, mortgage any of its immovable property as security for any loan raised for the purpose of effectively performing its functions; |
| (vi) | may, in consultation with the National Treasury, undertake fund-raising activities, including conferences, production and sale of merchandise and publications; |
| (vii) | may open, operate and close such current or savings bank accounts with a registered commercial bank as it may require to effectively perform its functions and duties; and |
| (f) | in general but subject to subsection (2)— |
| (i) | may acquire or lease such movable or immovable property as it considers necessary for the effective performance of its functions and let, sell or otherwise dispose of property acquired; |
| (ii) | must decide upon the manner in which contracts must be entered into on its behalf; |
| (iii) | may advise the Minister or any other Minister, as the case may be, on any matter relating to the geomatics profession; |
| (iv) | may take any steps which it considers necessary for the protection of the public in their dealings with registered persons, for the maintenance of the integrity, the enhancement of the status and the improvement of the standards of services rendered by those persons; |
| (v) | may take any steps which it considers necessary to create an awareness amongst registered persons of the importance of protecting the environment; |
| (vi) | must consider and give its final decision on recommendations of a committee of the Council; and |
| (vii) | may from time to time insure, through a registered insurer, against any risk to which it, its members, its employees or registered persons may be exposed. |
| (2) | The Council must obtain the written approval of the Minister and the Minister of Finance, which approval may be granted subject to conditions, before— |
| (a) | investing funds, borrowing or lending money or entering into any lease, whether as lessor or lessee, if the period of the transaction will be longer than 12 months, and the value exceeds an amount prescribed by the Minister by publication of an appropriate notice in the Gazette; and |
| (b) | acquiring, disposing of or encumbering immovable property, irrespective of its value. |