Amendment to Malaysia’s Licensed Land Surveyors Act is necessary, not a hindrance

WE are writing to express our opinion about the article "Addressing misrepresentations of geomatics industry, legislative impact” (The Star, Oct 10).

The Licensed Land Surveyors Act (Act 458) was enacted in 1958, shortly after the Federation of Malaya gained independence in 1957. This Act allows a surveyor registered with the Land Surveyors Board to become a professional land surveyor in Peninsular Malaysia. At that time, land surveyors in Malaya consisted mainly of expatriates from Britain and a small group of locals. Due to the shortage of these professionals when the Act was written, Section 13(3) of the Act permitted non-licensed land surveyors to perform land surveys other than title surveys (surveys for issuing land titles).

The land surveying field has evolved dramatically since 1958 due to stringent industrial demands and in tandem with advances in data acquisition technologies. Consequently, land surveying was rebranded as “geomatics” two decades ago; it is a modern discipline that integrates data acquisition, modelling, analysis, and management of spatially-referenced survey accurate data.

The 2024 Amendment to Act 458 was initiated by the Land Surveyors Board Malaysia in collaboration with the Survey and Mapping Department of Malaysia, and is the first attempt to amend the Act after nearly 66 years. The amendment underwent a lengthy vetting process, including consultations with relevant professional organisations and the public, before its submission to the Natural Resources and Environmental Sustainability Ministry (NRES) for review by the Attorney General's Office, before finally being tabled at the Dewan Rakyat and Dewan Negara for debate and subsequent approval. The amendment received the assent of His Majesty the Yang di-Pertuan Agong in July 2024, and is currently awaiting Gazette approval.

A profession typically requires formal qualifications, specialised training, and adherence to ethical standards for its representatives to be able to practice in the field. Membership in an association does not inherently guarantee these elements. True professional status often involves regulatory bodies that enforce standards, licensing, and continuous education. The Institution of Geospatial and Remote Sensing Malaysia (IGRSM) lacks that regulatory authority, so its members may not meet the rigorous criteria expected of professionals in recognised fields. Furthermore, professional status is often conferred through recognition by peers and industry standards, such as in the case of engineers, architects, planners, and quantity surveyors; however, IGRSM does not have professional recognition in the construction and development industries.

The criteria for membership in IGRSM may be less stringent than those required for recognised professional bodies, leading to a dilution of the term “professional". The public often associates professional status with accountability and trust, and IGRSM has no mechanism for accountability through an Act of Parliament that governs its professional practices. Therefore, IGRSM may fail to inspire the same level of public confidence typically associated with professional organisations. IGRSM, as a mere association registered under the Registrar of Societies, does not inherently confer professional status, as it lacks the essential components that define a true profession, as mentioned above. Despite its challenges, the licensed land surveyors (LLS) community operates under established regulatory frameworks through an Act of Parliament (Act 458) that ensures a higher degree of oversight and professional accountability.

We also want to address IGRSM's claim that punitive measures against non-LLS practitioners are unjust. The reality is that the profession must uphold standards that protect public interests. When systemic failures are identified, it is imperative to implement measures that ensure data quality and reliability. The integrity of geomatics data is not just an industry concern; it has broader implications for governance and resource management. While it is essential to acknowledge the contributions of various geomatics communities, the Natural Resources and Environmental Sustainability Ministry’s concerns reflect a legitimate need for reform in geomatics data collection practices.

Instead of dismissing these concerns, the geomatics community should engage in constructive dialogue to enhance standards and ensure that all practitioners are held to the highest levels of accountability. This approach will ultimately benefit the industry and the public it serves.

The statement by IGRSM in the news report fails to recognise that the competence required for conducting Lidar (light detection and ranging) surveys extends beyond simply operating the technology; it encompasses a comprehensive understanding of data integrity and accuracy analysis.

Licensed land surveyors are trained to assess and interpret data from various sources, ensuring it meets established standards. Firstly, while not all licensed land surveyors may have direct experience with Lidar, they possess critical data validation and quality control skills that are essential for any land surveying and mapping tasks. These skills include evaluating the reliability of data collected, understanding the limitations of different methodologies, and applying appropriate corrections or adjustments to ensure accuracy.

Secondly, the broader scope of geomatics includes various data acquisition techniques and data processing methods. The licensing process by the Board of Land Surveyors Malaysia recognises that land surveyors are trained to adapt to evolving technologies, enabling them to incorporate new tools like Lidar or UAV (unmanned aerial vehicle) mapping into their skill set as needed. This adaptability is crucial as the field of geomatics continuously evolves, and surveyors must be equipped to handle a range of technologies and methodologies.

Lastly, the rationale for licensing a diverse group of surveyors lies in the assurance that they have a foundational understanding of the principles governing all forms of geomatics techniques. This holistic approach ensures that even if a surveyor does not specialise in Lidar, he/she can still competently manage the implications of data integrity and accuracy, thereby safeguarding the quality of land surveying practices.

The amendment to Act 458 will provide broader employment opportunities for land surveying and geomatics engineering graduates in line with advancements in the surveying profession. It will provide fairness to land surveying and geomatics graduates by allowing them to practice the full spectrum of what they learn over their four to five years at university. Claims that this amendment will jeopardise job opportunities or increase project costs are unfounded. The fees for licensed land surveyors are controlled by a fixed Finance Ministry price schedule, and the amendment to Act 458 does not involve any increase in that schedule.

The amendment is also crucial in allowing customers to take legal action if a licensed land surveyor makes any mistakes. The amendment provides legal recognition for the land survey and geomatics works performed by land surveyors besides title surveys, which have been recognised by the government through administrative means since 1958.

PROF JALAL JOHARI

Licensed land surveyor

EMERITUS PROF DATUK DR ABD MAJID KADIR

Universiti Teknologi Malaysia

Licensed land surveyor