GEOLOGISTS ACT 2008

Geologists LAWS OF MALAYSIA REPRINT Act 689 GEOLOGISTS ACT 2008 As at 1 October 2018 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2018 1 2 Laws of Malaysia Act 689 GEOLOGISTS ACT 2008 Date of Royal Assent … … … … 22 August 2008 Date of publication in the Gazette … … … 27 August 2008 Geologists LAWS OF MALAYSIA Act 689 GEOLOGISTS ACT 2008 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II BOARD OF GEOLOGISTS 3. Establishment of Board 4. Functions and powers of the Board 5. Common seal 6. Membership of Board 7. Procedure of the Board 8. Tenure of office 9. Allowances 10. Revocation of appointment and resignation 11. Vacation of office 12. Appointment of replacement for member 13. Temporary exercise of functions of Chairman 14. Committees 15. Non-liability of member of Board 3 4 Laws of Malaysia Act 689 Section 16. Application of Public Authorities Protection Act 1948 17. Member, etc., deemed to be public servant 18. Returns, reports, accounts and information Part III REGISTRATION OF GEOLOGISTS 19. Register 20. Registered graduate geologist and registered professional geologist 21. Practice by practitioner 22. Practice by foreign geologist 23. Restrictions on non-registered professional geologist 24. Exception in respect of registered graduate geologist 25. Exception in respect of registered practitioner 26. Exception in respect of registered foreign geologist 27. Submission of geological reports or studies 28. Form and manner of application for registration 29. Appointment and duties of Registrar 30. Certificate of registration 31. Registrar to publish Register and particulars 32. Notification of change of address Part IV SUSPENSION, REVOCATION, REMOVAL AND REINSTATEMENT 33. Suspension or revocation of registration 34. Removal from Register 35. Reinstatement 36. Certificate to be returned Geologists Part V OFFENCES AND PENALTIES Section 37. Appointment and powers of Inspectors 38. Restriction on employment of unregistered person 39. Penalty for obtaining registration by false pretences, etc. 40. Failure to comply with order 41. General penalty 42. Abetment and attempt punishable as offence 43. Offence by partner, agent or employee 44. Institution of prosecution 45. Jurisdiction to try offences 46. Protection of Board, etc. Part VI GENERAL 47. Monies of Board 48. Appeal 49. Representation in civil proceedings 50. Regulations 51. Saving of rights of Government 52. Prevention of anomalies First Schedule Second Schedule 5 6 Laws of Malaysia Act 689 Geologists 7 LAWS OF MALAYSIA Act 689 GEOLOGISTS ACT 2008 An Act to establish the Board of Geologists and to provide for the registration of geologists, the regulation of geological practice and for related matters. [28 November 2014, P.U. (B) 521/2014] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Geologists Act 2008. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of this Act, or of different provisions of this Act, in different parts of Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “foreign geologist” means a geologist who is not a citizen or a permanent resident of Malaysia; “registered foreign geologist” means a foreign geologist who is registered under subsection 22(3); 8 Laws of Malaysia Act 689 “registered geologist” means a registered graduate geologist, a registered professional geologist or a registered foreign geologist; “registered professional geologist” means a professional geologist who is registered under subsection 20(3); “registered graduate geologist” means a graduate geologist who is registered under subsection 20(1); “member” means the Chairman and any other member of the Board appointed under section 6; “rock material” has the meaning assigned to it under section 5 of the National Land Code [Act 56/1965]; “Register” means the Register of Geologists kept and maintained by the Board under section 19; “prescribed” means prescribed by or under this Act or any regulations made under this Act; “Inspector” means an officer appointed under subsection 37(1); “Institute” means the Institute of Geology Malaysia established under the Societies Act 1966 [Act 335] and includes any institute, body or society succeeding it that is approved by the Minister; “committee” means a committee established under section 14; “Board” means the Board of Geologists established under subsection 3(1); “Minister” means the Minister charged with the responsibility for mineral and geoscience development; “mineral” means any substance, whether in solid, liquid or gaseous form, occurring— (a) naturally; (b) as a result of mining in or on the earth; or (c) as a result of mining in or under the sea or seabed, formed by or subject to a geological process, but does not include water, rock material and petroleum; Geologists 9 “Registrar” means the Registrar of Geologists appointed under section 29; “practitioner” means a person referred to in subsection 21(1); “registered practitioner” means a person who is registered under subsection 21(1); “Chairman” means the Chairman of the Board appointed under paragraph 6(1)(a) or 6(2)(a), as the case may be; “geological services” means the provision of geological advice and services pertaining to all or any of the following: (a) feasibility studies; (b) planning; (c) geological surveying; (d) implementation, commissioning, operation, maintenance and management of geological survey works or projects; and (e) any other services approved by the Board; “petroleum” has the meaning assigned to it under section 2 of the Petroleum Mining Act 1966 [Act 95]; “appointed date” means the date appointed under subsection 1(2). (2) Nothing in this Act shall be construed to permit the practice of engineering under the Registration of Engineers Act 1967 [Act 138] by a registered geologist or registered practitioner. Part II BOARD OF GEOLOGISTS Establishment of Board 3. (1) There is established a body corporate by the name of “Board of Geologists”. 10 Laws of Malaysia Act 689 (2) The Board shall have perpetual succession. (3) The Board may sue and be sued in its corporate name. Functions and powers of the Board 4. (1) The Board shall have the following functions: (a) to perform the duties and functions and exercise the powers as may be provided in this Act; (b) with the approval of the Minister, to determine the scale of fees to be charged by registered professional geologists, registered foreign geologists and registered practitioners for geological services rendered; (c) to determine and regulate the professional conduct and ethics of the geological profession; (d) to hear and determine disputes relating to the professional conduct or ethics of registered geologists and registered practitioners or to establish a committee or to appoint an arbitrator to hear and determine such disputes; (e) to represent the geological profession in any matter in which it may be necessary or expedient to do so; (f) to examine and, if considered necessary, to report on any local matters submitted to it and to make recommendations to the Government or to any public authority, local authority or statutory authority or to any institute, body or society which in the opinion of the Board represents the geological profession; (g) to consider and recommend reforms to the law relating to geological surveying; (h) to conduct examinations for admission to the geological profession; Geologists 11 (i) to appoint persons to represent the geological profession on any body or panel of examiners that may be appointed by any institute, body or society which in the opinion of the Board represents the geological profession; (j) to make recommendations in relation to any examinations to qualify for admission to the geological profession; (k) to hold or cause to be held professional development programmes for registered geologists and registered practitioners to further enhance their knowledge in the latest developments relating to the geological profession; (l) to provide scholarships and other facilities for the promotion of learning and education in connection with geology; and (m) to do such other things as it considers fit to enable it to perform its functions effectively or that are incidental to the performance of its functions. (2) The Board shall have all such powers as may be necessary for, or in connection with, or reasonably incidental to, the performance of its functions under subsection (1). (3) Without affecting the general powers conferred by subsection (2), the Board shall have the power— (a) to purchase or lease any land or building as may be required for the proper exercise of its functions under this Act; (b) subject to subsection (4), to borrow or raise money by bank overdraft or otherwise for the purposes specified in paragraph (a); and (c) to lease, dispose of or otherwise deal with any immovable property of the Board. (4) The Board shall not borrow or raise money in any manner without the prior approval of the Minister and the Minister of Finance. 12 Laws of Malaysia Act 689 Common seal 5. (1) The Board shall have a common seal that shall bear a device approved by the Board. (2) The common seal may be broken, changed, altered and made anew as the Board considers fit. (3) Until a seal is provided by the Board, a stamp bearing the words “Board of Geologists” may be used and shall be deemed to be its common seal. (4) The common seal shall be kept in the custody of the Chairman or a member of the Board. (5) The common seal shall be affixed in the presence of the Chairman and one other member of the Board and the Chairman and such member shall sign every deed, document or other instrument to which the common seal is affixed. (6) All deeds, documents and other instruments purporting to be sealed with the common seal and authenticated as specified in subsection (5) shall, until the contrary is proven, be deemed to have been validly executed. (7) Any deed, document or other instrument that, if executed by a person who is not a body corporate, is not required to be under seal, may in like manner be executed by the Chairman or a member of the Board on behalf of the Board. (8) The common seal of the Board shall be officially and judicially noticed. Membership of Board 6. (1) The Board shall consist of the following members who shall be Malaysian citizens and who shall be appointed by the Minister: (a) a Chairman who shall be a registered professional geologist; (b) a representative of the Institute; Geologists 13 (c) five members who shall be registered professional geologists in the public services or in the service of any local authority or statutory authority; (d) five members who shall be registered professional geologists in private practice or in the full-time employment of any person or body of persons other than the public services or any local authority or statutory authority; and (e) two persons who, in the opinion of the Minister, are able to contribute to the development of the profession. (2) Notwithstanding subsection (1), the first Board shall consist of the following members who shall be Malaysian citizens and who shall be appointed by the Minister: (a) a Chairman who shall be a person qualified to be registered as a registered professional geologist; (b) a representative of the Institute; (c) five members who shall be persons qualified to be registered as registered professional geologists and who are in the public services or in the service of any local authority or statutory authority; (d) f