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Geomatics Profession Act, 2013 (Act No. 19 of 2013)

Chapter 7 : General

31. Regulations and rules

 

 

(1)

(a) The Minister may, by notice in the Gazette, make regulations not inconsistent with this Act regarding—
(i) any matter that may be or must be prescribed in terms of this Act;
(ii) any matter necessary for or incidental to the exercise of the powers and the performance of the functions of the Council; and
(iii) any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the implementation or administration of this Act.
(b) The Minister must, before making any regulation in terms of subsection (1), publish a draft of the proposed regulation by notice in the Gazette, calling on interested persons and voluntary associations to comment on the draft, in writing, within a period of not less than 30 days from the date of publication of the notice.
(c) If the Minister alters the draft regulations as a result of any comment received, he or she need not publish those alterations before making the regulations.

 

(2) The Council may, in consultation with the Minister and by notice in the Gazette, make rules not inconsistent with this Act regarding—
(a) any matter that the Council is required or permitted to determine in terms of this Act;
(b) the form of process and the procedure at or in connection with the proceedings of a disciplinary tribunal or the Appeal Board;
(c) the representation of any party before the Appeal Board; and
(d) any matter ancillary or incidental to the exercise of the powers and performance of the functions of a disciplinary tribunal and the Appeal Board.

 

(3)

(a) Before the Council makes any rule under this section, it must publish by notice in the Gazette a draft of the proposed rule calling on interested persons and voluntary associations to submit comment, in writing, within a period of 30 days from the date of publication of the notice.
(b) If the Council alters the draft rules as a result of any comment received, it need not publish those alterations before making the rule.

 

(4) The Council may, if circumstances necessitate the immediate publication of a rule, publish that rule by notice in the Gazette without the consultation contemplated in subsection (3), but any person who objects to the said rule may—
(a) comment on the rule after such publication; or
(b) appeal to the Appeal Board against such a rule.