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INSPECTION OF SURVEYOR ACTIVITIES IN LITHUANIA National Land Service under the Ministry of Agriculture Geodesy and Cartography Department Director Tomas Ladukas
LAWS: ● LAW ON REAL PROPERTY CADASTER (Official Gazette, 2000, No. 58 -1704; 2003, No. 572530) ● Issue of SURVEYOR qualification certificates, suspension of validity, revocation of rules approved by the Resolution No. 1805, 19 -11 -2002 LRV (Official Gazette, 2002, No. 112 -5000; 2011, No. 241154)
LAWS: ● Rules of Procedure approved by the Director of the NLS under the MOA Order No. 1 P-(1. 3. )-154, 0205 -2012 (Official Gazette, 2012, No. 52 -2633; 2013, No. 29 -1445) to evaluate the activities of organizers of land management planning documents, geodesists and surveyors of the National Land Service under the Ministry of Agriculture of the Permanent Commission.
WHAT IS A LAND SURVEYOR? A natural person who has a surveyor‘s qualification certificate issued by the authorized institution (NLS under MOA) of the Government that allows the right to identify the data of real property cadaster
REQUIREMENTS FOR A SURVEYOR‘S CERTIFICATE ● to be educated in the sphere of geodesy, real property cadaster, land management (landscape), territory planning, topography, cartography, geographic information systems, building constructions, engineering networks, communication issues with the number of credits determined by the Government; ● have at least two years of work experience in the area of real property cadaster data ascertainment; ● must have attended at least thirty hours of training and passed a qualification exam at least three years before the issue of surveyor qualification certificate at qualification courses according to programs approved by the authorized institution by the Government.
A SURVEYOR MUST: ● follow Lithuanian laws and other regulations in his/her activities; ● be impartial; ● improve skills; ● according to the order of the Government provide information to interests on prepared data of real property cadaster; ● perform other statutory duties.
SURVEYOR‘S RESPONSIBILITY After the preparation and signing of documents, a surveyor confirms that prepared documents meet the requirements of laws and other regulations governing measurement order of real property cadaster
PERFORMANCE EVALUATION ● The inspection of surveyors‘ activities is performed by the Government authority– National Land Service ● According to the Order No. 1 P-(1. 3. )-154 of 02 -052012 of the Director of the National Land Service: ● Permanent Commission for the evaluation of activities of holders of qualification certificates (Permanent Commission consists of 12 members) formed; ) ● regulations of the Permanent Commission approved.
FUNCTIONS OF THE COMMISSION: ● evaluates information on committed violations of the certificate qualification holder received from the NLS structural divisions, municipalities, other legal, natural persons or other foreign organizations; ● analyses possible violations performed by qualification certificate holders; ● considering the nature of determined violations and the effects, provides to the Director of the NLS with conclusions on the qualification certificate holders‘ violations and proposals concerning: ● surveyor warning; ● suspension of surveyor qualification certificate; ● revocation of suspension of surveyor qualification certificate; ● revocation of surveyor qualification certificate.
COMMISSION PROPOSALS: ● warn a surveyor about insignificant violation of activity and oblige to eliminate the violation no later than in 20 working days; ● suspend the qualification certificate if any insignificant violation has occurred; ● revoke the suspension of the qualification certificate whereafter during the term the insignificant violation was eliminated and the documents proving the elimination were provided; ● revoke the qualification certificate if: ● rough violation occured; ● insignificant violations occured more than 3 times in one year ; ● activities have been continued after the suspension of qualification certificate; ● after the suspension of the qualification certificate within the term the established violation was not eliminated for which the qualification certificate has been suspended; ● within the term the requested documents and (or) data necessary for the information to investigate violations were not provided; ● the qualification has not been improved every 3 years and within 3 years from the issue of qualification certificate; ● false infomation was provided to obtain a qualification certificate; ● admit that any violation of activity has not been done by the holder of the qualification certificate
THE COMMISSION HAS A RIGHT TO: ● invite other officers of the NLS, representatives of other institutions, organizations and holders of qualification certificates to the meetings of the Commission; ●ask the head of the NLS structural division who provided information on possible activity violation of the holder of qualification certificate to refer to the holder of qualification certificate or other institutions for the submission of additional documents.
REVOCATION OF CERTIFICATE After the revocation of a certificate an individual may submit an application for a new certificate issue not earlier than after 2 years, except cases of the Law on RPC, Art. 11, Part 12, Paragraphs 7 and 8, the application may be provided before the expiry of 2 years. Currently in Lithuania there are 1635 surveyors who have qualification certificates issued by the National Land Service
RESULTS OF THE COMMISSION WORK: Forewarn surveyors Number of suspended certificates 2012 1 1 2013 5 2 Revoked suspension of certificates 2 1 (court decision) Revocation of certificates 218 45 ● 10 Commission meetings were held in 2012 -2013
Thank you for your attention