Professional Documents
Culture Documents
Geologist Act 2008 PDF
Geologist Act 2008 PDF
LAWS OF MALAYSIA
Act 689
Publisher’s Copyright C
percetakan nasional malaysia berhad
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by
any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional
Malaysia Berhad (Appointed Printer to the Government of Malaysia).
Geologists 3
laws of malaysia
Act 689
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
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
4 Laws of Malaysia Act 689
Section
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
Part V
GENERAL
Section
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
6 Laws of Malaysia Act 689
Geologists 7
laws of malaysia
Act 689
[ ]
Part I
PRELIMINARY
1. (1) This Act may be cited as the Geologists Act 2008.
Interpretation
Part II
BOARD OF GEOLOGISTS
Establishment of Board
(3) The Board may sue and be sued in its corporate name.
(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).
(4) The Board shall not borrow or raise money in any manner
without the prior approval of the Minister and the Minister of
Finance.
Common seal
5. (1) The Board shall have a common seal that shall bear a
device approved by the Board.
12 Laws of Malaysia Act 689
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;
(c) five members who shall be registered professional
geologists in the public services or in the service of
any local authority or statutory authority;
Geologists 13
(3) For the purposes of paragraphs (1)(c) and (d) and (2)(c)
and (d), the Institute may nominate suitable registered professional
geologists or suitable persons who are qualified to be registered
as registered professional geologists, as the case may be, for the
consideration of the Minister.
7. (1) The provisions of the First Schedule shall apply to the
members of the Board.
Tenure of office
8. (1) Members of the Board shall each be appointed for a term
not exceeding three years.
Allowances
10. (1) The Minister may at any time revoke the appointment
of any member of the Board without assigning any reason for
the revocation.
(2) A member of the Board may at any time resign from his
appointment by giving a notice in writing to the Minister.
Vacation of office
13. (1) The Minister may appoint any member to act as the
Chairman—
(a) during any period when the office of Chairman is
vacant;
(b) during any period when the Chairman is absent from duty
or from Malaysia; or
(c) during any period when the Chairman is, for any other
reason, unable to perform the duties of his office.
Committees
(2) The Board may elect any of its members to be the chairman
of a committee.
15. No member of the Board shall incur personal liability for any
loss or damage caused by any act or omission in administering
the affairs of the Board unless the loss or damage is occasioned
intentionally or through recklessness or gross negligence.
16. The Public Authorities Protection Act 1948 [Act 198] shall
apply to any action, suit, prosecution or proceedings against the
Board or against any member of the Board, any member of a
committee, and any agent or employee of the Board in respect
of any act, neglect or default done or committed by him in good
faith or any omission omitted by him in good faith, in such
capacity.
18. (1) The Board shall furnish to the Minister, and any public
authority as may be specified by the Minister, such returns,
reports, accounts and information with respect to its activities
and finances as the Minister may require or direct.
Part III
REGISTRATION OF GEOLOGISTS
Register
19. (1) The Board shall keep and maintain a Register of Geologists
that shall be in parts as follows:
(a) Part A — that shall contain the names, registration
numbers, business addresses and other particulars of
registered professional geologists;
(b) Part B — that shall contain the names, registration
numbers, business addresses and other particulars of
registered graduate geologists;
(c) Part C — that shall contain the names, registration
numbers, business addresses and other particulars of
registered practitioners; and
(d) Part D — that shall contain the names, registration
numbers, business addresses and other particulars of
registered foreign geologists.
Practice by practitioner
21. (1) A person who is not a registered geologist and who does
not hold any of the academic qualifications approved by the
Board for the purposes of this Act but who has been practising
or carrying on business in any of the fields of geology specified
in the Second Schedule before the appointed date may continue
to practise and carry on such business provided he is registered
as a registered practitioner under this Act within twelve months
from the appointed date.
25. Except for the restrictions on the usage of the words “professional
geologist” referred to in subsection 23(1), the restrictions in that
subsection shall not apply to a registered practitioner.
28. All applications for registration under this Act shall be made
to the Board in the prescribed form and manner and shall be
accompanied by the prescribed fee.
Certificate of registration
30. (1) On receipt of the prescribed fee, the Registrar shall issue
to the applicant whose application has been approved by the Board
a certificate of registration in the prescribed form.
(2) The Registrar may annually publish and offer for sale
copies of the Register.
Part IV
(3) The Board shall not make an order under subsection (2)
unless—
(a) there has been a hearing of the grounds of the complaint
against the registered geologist or registered practitioner
concerned who is alleged to have caused, contributed
to or been a party to the grounds of the complaint,
conducted by at least two-thirds of the total number of
members of the Board; and
(b) an opportunity to be heard has been given to the registered
geologist or registered practitioner concerned, personally
or by an advocate and solicitor.
34. There shall be removed from the Register the name and other
particulars of—
(a) any registered geologist or registered practitioner who
has died;
(b) any registered geologist or registered practitioner who
has failed to renew his registration within one month
of the expiry of the registration; or
Geologists 29
Reinstatement
Certificate to be returned
Part V
37. (1) The Minister may appoint from amongst public officers
such number of officers as he considers necessary to be Inspectors
for the purposes of this Act.
40. (1) Any person who fails to comply with an order of the
Board made under section 33 or a decision of the Minister made
under section 48 commits an offence and shall, on conviction,
be liable to a fine not exceeding ten thousand ringgit and to
imprisonment for a term not exceeding one year or to both.
General penalty
41. Any person who commits an offence under this Act for which
no penalty is expressly provided shall, on conviction, be liable
to a fine not exceeding ten thousand ringgit or to imprisonment
for a term not exceeding one year or to both.
Institution of prosecution
Part VI
GENERAL
Monies of Board
47. (1) All monies from fees and charges payable to the Board
under this Act shall be paid to the Board.
(2) The monies received by the Board under this Act shall be
applied as follows:
(a) to defray the expenses of registration and any other expenses
incurred in the administration of this Act, including any
expenses of the Board that may be allowed under any
regulations made under this Act; and
(b) to provide scholarships and to promote learning and
education in the field of geology.
Appeal
Regulations
50. (1) The Board may, with the approval of the Minister, make
regulations for all or any of the following purposes:
(a) prescribing the manner of applying for registration,
authorization and approvals under this Act, the particulars
to be supplied by an applicant, the manner of registration
and authorization, the conditions and restrictions to be
imposed and the form of certificates, authorizations and
approvals;
(b) prescribing the forms for the purposes of this Act;
(c) prescribing the fees and charges payable under this Act
and the manner for collecting and disbursing such fees
and charges;
(d) providing for the regulation of all or any of the activities
of the Board and generally the performance of the
functions, the exercise of the powers and the discharge
of the duties of the Board under this Act; and
Geologists 37
Prevention of anomalies
52. (1) The Minister may, after consultation with the Board,
whenever it appears to him necessary or expedient to do so, whether
for the purpose of removing difficulties or preventing anomalies
in consequence of the enactment of this Act, by order published
in the Gazette, make such modifications to any provisions in any
existing laws as he considers fit.
First Schedule
[Section 7]
PROCEDURE OF BOARD
Meetings
1. (1) The Board shall meet at least four times a year at such time and place
as may be appointed by the Chairman.
38 Laws of Malaysia Act 689
(2) The Chairman shall preside at a meeting of the Board.
(3) Five members of whom at least two shall be members appointed under
paragraph 6(1)(c) or 6(2)(c) and at least two shall be members appointed
under paragraph 6(1)(d) or 6(2)(d) present at any meeting of the Board shall
constitute a quorum.
(4) Every member of the Board present shall be entitled to one vote.
2. (1) The Board may invite any person to attend any meeting or deliberation
of the Board for the purpose of advising it on any matter under discussion
but any person so attending shall have no right to vote at the meeting or
deliberation.
(2) A person invited under subparagraph (1) shall be paid such allowances
as the Board may determine.
Minutes
3. (1) The Board shall cause minutes of all its meetings to be kept and
maintained in a proper form.
(2) Any minutes made of a meeting of the Board shall, if duly signed, be
admissible in evidence in all legal proceedings as prima facie evidence of the
facts stated in them without further proof.
Procedure
4. Subject to this Act, the Board may regulate its own procedure.
Disclosure of interest
(3) No act or proceedings of the Board shall be invalidated on the ground that
any member of the Board has contravened the provisions of this paragraph.
7. Every member of the Board shall devote such time to the business of the
Board as may be necessary to discharge his duties effectively.
Secretary
8. The Board shall appoint a secretary to the Board, who shall not be a
member of the Board.
Second Schedule
[Sections 21 and 27]
FIELDS OF GEOLOGY
(a) geophysics
(b) geochemistry
(c) geochronology
(d) environmental geology
(e) economic geology
(f) engineering geology
(g) marine geology
40 Laws of Malaysia Act 689
(h) petroleum geology
(i) regional geology
(j) structural geology and tectonics
(k) hydrogeology
(l) prospecting and exploration
(m) mineralogy
(n) petrology
(o) stratigraphy and paleontology
(p) geological sciences other than those specified in items (a) to (o)
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA