Land Surveyors (Amendment) Bill

Minister for Law.

Order for Second Reading read.

Mdm Deputy Speaker, on behalf of the Minister for Law, I beg to move, "That the Bill be now read a Second time".

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

Land surveyors conduct land, building or property surveys in Singapore. Such surveys are necessary to demarcate property boundaries required for the issuance of titles and land development works. They also have the expertise to conduct other types of survey work, such as as-built, topographical and setting-out surveys.

Land surveyors play an important role in the built environment sector. 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. Land surveyors also work with other professionals within the sector, including architects and professional engineers, throughout the lifecycle of a development project. 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.

Conversely, any errors by land surveyors, such as in the determination of property boundaries in a cadastral survey, can have significant downstream consequences. For example, discrepancies in the surveyed land area occupied by a property could affect the property's valuation. Errors could also lead to inaccurately demarcated boundaries, resulting in encroachments onto neighbouring plots of land owned by different parties.

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.

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

Under our current framework, individuals, regardless of nationality, can only engage in land survey work in Singapore, if they are registered surveyors who have a valid practising certificate issued by LSB; authorised surveyors; or carrying out land survey work under the direction or supervision of such registered surveyors or authorised surveyors.

Registered surveyors are individuals who are registered as land surveyors under section 12 of the Act. These individuals must meet LSB's eligibility criteria, such as passing of examinations and a professional interview conducted by LSB. Authorised surveyors refer to land surveyors employed by the Singapore Land Authority, regardless of whether they are registered under section 12 of the Act.

This framework has served Singapore well over the years. It has ensured that all land surveyors providing services in Singapore are fit and qualified to do so.

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.

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.

There are broad proposals in this Bill. They are: facilitating the implementation of Mutual Recognition Arrangements (MRAs) between Singapore and other countries or territories and/or between LSB and its foreign counterparts in other countries or territories; granting registered surveyors greater professional recognition; and updating the penalties and fines and dealing with the consequential amendments in the Act. I will take hon Members through these areas in turn.

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

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.

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. 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.

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

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 LSB to be recognised for the purposes of that MRA.

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 require LSB and its Registrar to administer and maintain a register of foreign surveyors who have successfully registered with LSB and allow registered foreign surveyors to carry out survey work in Singapore in a manner permitted by LSB pursuant to an MRA.

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

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

With your permission, Mr Speaker, Sir, may I ask the Clerks to distribute handouts that illustrate how MRAs will add to our current landscape.

Please go ahead. [Handouts were distributed to hon Members. Please refer to Annex 1.]

Obliged, Sir. Members may also access the handout through the MP@SGPARL App.

As set out on page 1 of the handout, 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. The surveyor will have to meet that jurisdiction's requirements, including residency or citizenship-based restrictions, if applicable. The application process may also involve steps, such as passing examinations or professional interviews conducted by the overseas Board or Authority.

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. One example is the ASEAN Framework Arrangement for the Mutual Recognition of Surveying Qualifications (ASEAN MRA) which was signed in 2007. After the ASEAN MRA is implemented, the ASEAN Registered Surveyor Scheme, the Scheme, will be introduced. 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.

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

Next, turning to page 2 of the handout, such MRAs will also introduce a new way for foreign land surveyors to contribute to land survey work in Singapore. 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 LSB to be registered foreign surveyors. This will allow them to engage in survey work in Singapore in a manner permitted by LSB pursuant to an MRA.

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

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. 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.

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

Registered foreign surveyors will support, rather than compete with, our local registered surveyors. For example, as mentioned earlier, foreign ASEAN registered surveyors will not be allowed to provide land surveying services independently in Singapore, that is, without a local partner. 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. This includes passing the examinations and professional interview conducted by LSB, being registered with LSB and having in force a practising certificate.

When the Scheme is implemented, 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.

LSB will continue to monitor the implementation of the Scheme in Singapore and make adjustments where necessary.

I now move to the second proposal in the Bill, the introduction of official titles for local registered surveyors and registered foreign surveyors. This will grant greater recognition to local registered surveyors and help distinguish local registered surveyors from their counterparts.

Under section 10(2) as amended by clause 6, local registered surveyors will be able to use the title "RS". This is similar to the use of professional titles amongst registered architects and registered professional engineers. Registered foreign surveyors will be able to use a separate designation to be determined by LSB.

The final proposal in the Bill is to update the fines and penalties for illegal practice and improper conduct in land surveying. The quanta of fines and penalties have remained unchanged since the Act was enacted in 1991. It is thus timely to review them to ensure they remain effective deterrents going forward. 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.

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

As for disciplinary proceedings and revocation of licences, 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.

LSB is empowered to impose these penalties on (a) registered surveyors and (b) licensed corporations/partnerships/limited liability partnerships respectively, in cases where 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.

Next, clause 13 will raise the maximum fine under section 30(2) from $2,000 to $5,000. This pertains to a refusal or failure, when required to do so by LSB or an Investigation Committee convened by LSB, to give evidence, answer truthfully and fully any question or produce any book, document or paper.

Finally, clause 17 makes consequential amendments to certain other Acts. 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, that is, to local registered surveyors. This will avoid any confusion with the introduction of registered foreign surveyors into the local land surveying landscape.

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

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

Question proposed.

Mr Yip Hon Weng.

Mr Speaker, Sir, I rise in response to the introduction of the Land Surveyors (Amendment) Bill 2024. I appreciate the Ministry's efforts to elevate and integrate Singapore's surveying profession within the ASEAN framework.

The proposed amendments, particularly those facilitating the ASEAN MRA and the introduction of the ASEAN ARS, hold significant potential for strengthening the profession in Singapore and the region. However, while the Bill aims to enhance the mutual recognition of land surveyors within ASEAN, I have several clarifications on the Bill.

Mr Speaker, Sir, let us first consider the timing and rationale behind these proposed amendments. The Bill seeks to amend the Land Surveyors Act 1991. This is primarily to allow for mutual recognition of survey works under MRAs.

I note that the ASEAN MRA on surveying services was signed in 2007. However, even after 17 years later, the detailed scheme has not been fully established. Why has there been such a notable delay in finalising the MRA? Is it prudent to implement this Bill when the details of the scheme remain unclear? Without the finalised details, how can we ensure that the mutual recognition arrangement will be beneficial and fair to our local surveyors? Can the Minister provide a timeline for when the details of the ARS scheme will be announced?

Second, Mr Speaker, Sir, I would like to ask about the potential impact of this Bill on our local surveying professionals. We should support the vision of a more integrated ASEAN surveying landscape. Nonetheless, we must ensure that our local surveyors are not inadvertently disadvantaged by this process.

Opening our market to ASEAN-based surveyors raises several concerns.

Firstly, on the issue of competitiveness, have our ASEAN counterparts announced similar bills or schemes in their jurisdictions? If not, by being the first, will Singapore inadvertently disadvantage our local surveyors? The possibility of lower-cost ASEAN-based surveyors competing for jobs in Singapore could negatively impact the livelihoods of our local professionals. I urge the Ministry to clarify what measures are in place to protect our surveyors from unfair competition and ensure a level playing field.

Furthermore, the principle of reciprocity must be carefully examined. Our local surveyors will be required to register with LSB to perform work overseas under this scheme. Yet, are our ASEAN counterparts equally prepared to accept Singaporean surveyors? Will our professionals face any red tape, bureaucratic hurdles or barriers in these foreign jurisdictions hindering their ability to compete for projects fairly overseas? Clarity on these reciprocal arrangements is essential to ensure that this Bill truly fosters mutually beneficial professional mobility within ASEAN. Do we know of any other ASEAN jurisdictions which may be implementing such an arrangement soon?

Third, Mr Speaker, Sir, we need to uphold the highest standards of professional practice within the Singaporean surveying sector. While we seek greater regional collaboration, we should never compromise on the quality of surveying work conducted within our nation.

To maintain these high standards, it is essential to ensure that foreign surveyors entering our market are adequately qualified and their work meet our stringent requirements. This raises the question of verification. How will we ensure that ASEAN-based surveyors possess the necessary qualifications and competencies for the scope of work required in Singapore? Will there be stringent and transparent verification processes in place to validate their credentials and ensure equivalence with our local standards?

Moreover, I believe it is critical to address the issue of quality assurance. Will the work of foreign surveyors be subject to rigorous oversight by our local registered surveyors? To guarantee accountability and maintain the highest levels of professional rigour, should we consider mandating that a local registered surveyor co-signs the work of foreign surveyors engaged in projects within Singapore? Should there be any dispute on the work of these foreign surveyors, what recourse do potential clients have?

Mr Speaker, Sir, beyond these key areas, I believe there are additional considerations that warrant our attention. Firstly, we must carefully examine the potential economic implications of this Bill on Singapore's surveying industry. Have we conducted a comprehensive impact assessment to fully understand how local surveyors and businesses, particularly smaller firms, will be affected by the increased competition?

Secondly, we must address the question of potential differences in technological and methodological standards between Singapore and other ASEAN countries. Do such discrepancies exist? If so, how will we address them to ensure consistent, high-quality survey work across borders when projects involve professionals from different nations? Maintaining our standards of precision and accuracy necessitates a clear understanding of how we will navigate these potential differences.

Given that laws, regulations and even established methodologies can vary among countries, should we consider mandating that ASEAN surveyors, before practising here, undertake a mandatory familiarisation programme? This programme could focus on Singapore-specific surveying regulations, legal precedents and common practices.

Additionally, Mr Speaker, Sir, are the instruments and technologies used in other ASEAN nations directly compatible with our own standards and systems? If not, how do we ensure uniformity and accuracy when integrating data collected using potentially disparate methodologies? Should foreign surveyors be required to utilise equipment that aligns with Singapore's standards while operating here? This, again, highlights the need for a comprehensive integration process, perhaps through the mandatory familiarisation programme I proposed earlier.

In conclusion, Mr Speaker, Sir, let us take a moment to consider the importance of land surveyors and land surveying. In a small and densely populated nation like ours, where land is an invaluable and finite resource, the role of land surveyors is critical. They are the guardians of our boundaries, ensuring the precise demarcation of every square metre. Their meticulous work underpins our property ownership records, our construction projects and even the management of our underground infrastructure. The very foundation of our built environment relies upon the expertise of our land surveyors.

While I commend the intent behind the Land Surveyors (Amendment) Bill to foster greater collaboration and professional recognition within ASEAN, I believe it is imperative that we proceed with a measured and cautious approach. We must thoroughly examine the potential implications on our local surveyors. We must also ensure that robust measures are in place to sustain the high standards of surveying work that are synonymous with Singapore.

Firstly, the timing of this Bill in relation to the still developing ARS scheme raises concerns that must be addressed. Secondly, we must safeguard the interests of our Singaporean surveyors against unfair competition and ensure genuine reciprocity in professional mobility within ASEAN. Thirdly, stringent verification of qualifications and rigorous quality assurance mechanisms are non-negotiable aspects of upholding our professional standards.

Only through careful consideration, thorough planning and a commitment to transparency can we ensure that this Bill achieves its intended goals of regional integration, without compromising the interests of our local surveying professionals. I support this Bill.

Minister of State Murali Pillai.

Mr Speaker, Sir, I thank the hon Member Mr Yip Hon Weng for raising very thoughtful points in his speech. I would like to respond to three areas raised in his speech.

First, on the timing and rationale of the Bill. The hon Member is right to observe that it has been about 17 years since the Framework Arrangement was signed in 2007. This reflects the complexity of the task at hand. We had to deal with the unique characteristics of jurisdictions across ASEAN and, of course, the domestic legislation dealing with boundary and geographical locations of the various properties as well.

In addition, there is a need to strike a balance between greater ease of movement for land surveyors and also meeting local requirements. So, all these led to the time that has been taken. But the passing of this Bill is an important milestone because it is an indication that we are turning the corner and, hopefully, we will be able to get the details of the Scheme, as commonly agreed amongst the ASEAN member states.

I want to also highlight one very important point. It does not mean that when we passed the Bill, the Scheme is implemented straightaway. It would not. It would only be implemented after the details of the Scheme has been ascertained and member states agree to the Scheme as well. So, this is a safeguard to make sure that at any one point in time there would be reciprocity between member states. So, that is one big safeguard which will address some of the concerns that were raised by the hon Member just now.

The next area which I want to touch on is the issue of timing. As I said in my speech, LSB would be making announcements on the details of the Scheme as and when they are ready.

Moving to the second area for clarification, the impact on local surveyors. The first point to note, as I mentioned earlier, is that the MRA would only be put into effect when other member states are ready. So, we ensure that the benefits are reciprocal.

The other point to note is that registered foreign surveyors would only be allowed to practise in Singapore in collaboration with local registered surveyors. In other words, when they do the work and they sign off, it is not enough for the registered foreign surveyors to sign off. The local registered surveyors would have to sign off as well and this is a good safeguard, the reason being, with the local registered surveyors in play, we will be able to ensure that the local registered surveyor community would generally benefit because otherwise they would not employ registered foreign surveyors, and this is also to ensure the level of standard that is required in relation to any survey services that have been contracted.

As far as qualifications and standards are concerned, which is the third area that the hon Member has raised, he will be happy to note that we are ad idem, we also agree that there must be a high standard of qualifications as well as experience before a registered foreign surveyor is allowed to practise in Singapore in collaboration with a local registered surveyor. So, this is where LSB has to come up with the criteria. Commonly, the ASEAN Competent Authority Committee on Surveying would stipulate the minimum qualifications and experience that a registered foreign surveyor must possess before seeking to admit itself in the jurisdiction of another member state.

I now come to some of the additional points that the hon Member made in his speech.

First, he asked whether there was a study on the potential economic implications. As I said in my speech, this initiative was really promulgated at the instance of LSB, which includes of members from the private sector. So, they are all looking forward to it and I also mentioned that allied professionals, such as professional engineers and architects, have already been subject to MRAs and they are benefiting from it as well.

Singapore remains a little red dot and we can see that with the MRA, our land surveyors have the potential to practise across jurisdictions. Certainly, what we have here is the prospect of having in place an ASEAN MRA and that is something which I am sure they will look forward to.

The hon Member also mentioned about the prospect of standardising the methodology standards for surveys and that is a fair point. But one would have to put in place the MRA first and then work and endeavour towards standardisation. At this point in time, one good safeguard is the fact that a registered foreign surveyor has to collaborate with a local registered surveyor so that the local standards would be observed.

Sir, I believe I have answered most, if not all, of the questions raised by the hon Member.

In conclusion, the proposed amendments to the Land Surveyors Act 1991 will facilitate the implementations of MRAs and, through the cross-border exchange of expertise, support our local registered surveyors in adopting new or different technologies, exploring opportunities in different fields and locations as well as upskilling themselves.

This is important, given the shrinking manpower pool, the increasing use of technology in the field and the emergence of new focus areas in the industry. All of these mean that it will no longer be sufficient for our local registered surveyors to be proficient only in the traditional domains of land surveying.

It is thus critical that we take advantage of new areas of opportunities to pivot and launch the profession to even greater heights and be ready for future challenges. I thank the hon Member for his questions and suggestions. Mr Speaker, Sir, with that I beg to move.

Any clarifications for the Minister of State, Mr Yip? No.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. – [Mr Murali Pillai.]

Bill considered in Committee; reported without amendment; read a Third time and passed.