Amendment to Land Surveyors Act 1958 restricts national development, argue geospatial professionals


PETALING JAYA: More than a dozen professional organisations in the field of survey and mapping are calling on the government not to restrict the field of geomatics to only licensed land surveyors under the Land Surveyors Board (LJT) - a move which will be realised when the amendment to the Licensed Land Surveyors Act 1958 (also known as Act 458) is gazetted soon.

In particular, they are urging the Natural Resources and Environmental Sustainability Ministry (NRES) and LJT to review the amendment to Act 458, arguing the amendment restricts the number of people who can conduct survey and mapping activities - in particular geomatics-related activities, in the country.

The organisations calling for the reconsideration of the amendment that was passed in Dewan Rakyat on March 25 (and Dewan Negara on April 4) are the National Hydrographic Association (Malaysia) (MyNHA), Malaysian Society of Soil Science (MSSS), Institute of Electrical & Electronics Engineers (IEEE) Geoscience & Remote Sensing Society (GRSS) Malaysia Chapter, Malaysian Society of Agricultural and Food Engineers, Institute of Geology Malaysia (IGM), Agricultural Institute of Malaysia (AIM), Institute of Foresters Malaysia (IRIM), International Institute of Plantation Management (IIPM), Malaysian Society for Engineering & Technology (MySET), Malaysian Institute of Planners, Institute of Landscape Architects Malaysia (ILAM), Malaysia BIM Association (PBM), and the Institution of Geospatial and Remote Sensing Malaysia.

In a joint memorandum on Aug 1, and another one on Sept 27, they said the latest amendments will have implications even for the average citizen.

Geomatics is a discipline that involves the measurement, collection, analysis, interpretation and management of spatial data derived from the earth's surface, subsurface, including oceans, and even space.

It integrates various technologies such as remote sensing, global navigation satellite systems (GNSS) and geographic information systems, to measure and document features and spatial relationships.

Naturally, it is a cross-disciplinary field that requires a broad range of knowledge and applications, given that geomatics is critical in numerous sectors, including engineering, hydrography, town and country planning, agriculture, plantation, forestry, landscape architecture, geology, disaster management, as well as numerous other fields.

Cmdr (Rtd) Mohd Rashdan Yunus, president of MyNHA (pic).Cmdr (Rtd) Mohd Rashdan Yunus, president of MyNHA (pic).

Severe narrowing of the field

"The amendment would severely restrict who can conduct survey and mapping activities in Malaysia, with broad restrictions on professionals who are not accredited by LJT (also called non-LLS geomatics professionals), and this will have severe impact on vital sectors such as town and country planning, hydrography, engineering, agriculture, forestry, geology, landscape architecture and other fields," said Prof Dr Abdul Rashid Mohamed Shariff (pic), president of the Institution of Geospatial and Remote Sensing Malaysia (IGRSM).

Rashid said many industries and enterprises rely on geomatic surveys for tasks such as environmental monitoring, land management, and sustainable resource planning.

Under the previous version of the Licensed Land Surveyors Act 1958, only the job of title surveys is exclusive to Licensed Land Surveyors (LLS).

Prior to the amendments passed in Dewan Rakyat in March 2024, other branches of geomatics (except for land titles) can be performed by other qualified professionals, who are now arguing that the latest amendment will quickly narrow the pool of qualified people.

The current geomatics ecosystem consists of professionals that can be called anything from geospatialists to engineers to geologists to hydrographers, to town and country planners, farmers, construction experts, air traffic controllers, sea navigators, among many others.

For example, during the recent episodes of sinkholes around Kuala Lumpur's Jalan Masjid India, in addition to officers, non-LLS geomatics professionals were summoned to assist using ground penetrating radars to help determine the geological profile at parts of the city.

"Restricting non-LLS geomatics professionals from conducting surveys may lead to potential delays and increased costs for public services, including agricultural development, natural disaster preparedness, forestry conservation, and urban planning. This situation could result in slower project execution, reduced access to essential services, and higher costs for government initiatives, which may ultimately affect the general public," said Prof Rosnah Shamsudin (pic), president of the Malaysian Society Of Agricultural Engineers (MSAE).

As it stands, the legislative amendment prevents non-LLS from conducting geomatic surveys of any kind, and this also potentially impedes the development of the talent pool as fresh graduates from various fields who have studied geomatics courses will also be restricted from conducting geomatics surveys.

There is also a huge penalty attached to the amendment, with provisions stating that non-LLS professionals caught conducting geomatics surveys when the amendment is in force, is considered to be committing an offence that is liable to a fine not exceeding RM250,000, imprisonment for a term not exceeding three years, or both.

Small number of licensed land surveyors in Malaysia

According to Rashid, there are approximately 456 LLS registered under the Land Surveyors Board in Peninsular Malaysia, as announced during a Sept 9 town hall convened by NRES, LJT, and the Mapping and Survey Department (Jupem) for the stakekholders after the latter expressed their concern.

This pales in comparison to around 977 professionals registered with IGRSM alone, consisting of geospatial professionals from multiple sectors in Malaysia,

He cautioned that the exact number is hard to come by as there is currently no official statistics on the total number of geomatics professionals because the field covers a broad spectrum of sectors, with each having various specialised roles as well as professional bodies and organisations.

"That said, what is clear is that the amendment, with its wide-ranging restrictions on geomatics survey, will severely affect our economy, by adding a greater layer of bureaucracy as well as impede the competitiveness and ease of doing business.

"If the field becomes monopolised by LLS, then it will impact the livelihoods of numerous companies and professionals, as well as their collaborations with scientists, technologists, universities, manufacturers and experts both locally and internationally.

The geomatics community argued that policies that restrict geomatics surveys solely to LLS can have negative impacts on national development.

"The requirement to appoint LLS for every type of geomatic measurement tasks can potentially increase project costs and delay project schedules due to lack of available surveyors.

"For example, there are more than 100 professional hydrographers from the National Hydrographic Association (Malaysia) (MyNHA) that are not registered as LLS. In addition, members from various other professional organisations also contribute to the geomatics industry, even though they are not LLS," said Cmdr (Rtd) Mohd Rashdan Yunus, president of MyNHA (pic).

Juwairiyah Ho Abdullah (pic), honorary secretary for the Malaysian Institute of Planners, said the amendment will lead to increased costs and service bottlenecks.

"The monopolising (by a small group) of all survey jobs would likely lead to a significant increase in the cost of survey services. This could make basic survey tasks (e.g., construction site layout, topographic mapping) prohibitively expensive for individuals, small businesses, and local governments. The higher costs could particularly affect smaller-scale projects, such as residential construction, community infrastructure, or agricultural land management, potentially hindering the growth of small businesses and limit access to affordable surveying services," she said.

Prof Rosnah Shamsudin (pic), president of the Malaysian Society Of Agricultural Engineers (MSAE).Prof Rosnah Shamsudin (pic), president of the Malaysian Society Of Agricultural Engineers (MSAE).

Engagement did not provide much comfort

Following the town hall convened on Sept 9 by NRES, LJT, and Jupem, IGRSM stated that it was still deeply concerned over the amendment to the Licensed Land Surveyors Act 1958 and the accompanying draft Regulations (Peraturan-Peraturan Juruukur Tanah Berlesen (Pindaan) 2024).

"Stakeholders were denied and not provided with the draft regulations prior to the session despite our repeated requests, thus preventing us from thoroughly studying and evaluating its impact, as well as proposing suitable amendments. The partial regulations were only briefly presented during the session, followed by a limited Q&A period, leaving insufficient time for stakeholders to engage in a meaningful discussion. Such minimal engagement is unacceptable and inappropriate given the gravity of the regulations particularly to all the stakeholders from various sectors," said IGRSM in a statement.

It also said the ambiguous definition of "geomatics survey" leaves a lot to be desired as it may lead to confusion among readers, professionals and laypersons.

"It is concerning that a definition which lacks clarity and transparency carries such significant penalties, including a potential prison sentence of up to three years and/or a fine of up to RM250,000. We believe with the emphasis of the Madani culture on language and terminology, the definition should be further clarified and articulated in a manner that is both explicit and easily understood," read the statement.

IGRSM also argued that the authorities' definition of "Survey-Accurate Technique" is too broad, which makes it inappropriate and unnecessary.

Juwairiyah Ho Abdullah (pic), honorary secretary for the Malaysian Institute of Planners.Juwairiyah Ho Abdullah (pic), honorary secretary for the Malaysian Institute of Planners.

"The definition gives neither accuracy nor technique, hence its name itself is misleading. It seeks to encompass virtually all geomatic surveys, whether conducted on land, water, natural and artificial features, and above, on and below the Earth's surface. By casting such a wide net, the definition risks unduly restricting non-Licensed Land Surveyors (non-LLS) geomatics professionals who have long provided accurate and reliable geomatics services in areas such as town & country planning, hydrography, engineering, agriculture, forestry, geology, landscape architecture and other fields. Such a broad interpretation could stifle innovation and progress in sectors that depend on geomatics expertise beyond the scope of land surveying conducted by LLS," said IGRSM.

Geomatics professionals also noted that it was made clear during the September townhall that non-LLS geomatic professionals will no longer be permitted to conduct a wide range of geomatic surveys, including airborne survey and mapping, hydrographic survey and mapping, survey and mapping for Building Information Model (BIM), survey and mapping for Geospatial Information System (GIS), terrestrial survey and mapping, as well as topographic survey and mapping.

"This restriction applies to geomatics surveys for the purpose of any submission to any government authority, public purposes, or any other purposes as required by any government agency, statutory body, government link company, or company appointed by government.

"This broad exclusion risks sidelining many experienced geomatic professionals, to the detriment of the development of industries reliant on these services. The regulations appear to reserve all geomatics survey projects by government departments and government linked companies exclusively for LLS. We express our concern on the competitiveness and value for money for government procurement of services," said IGRSM.

Prof Dr Abdul Rashid Mohamed Shariff (pic), president of the Institution of Geospatial and Remote Sensing Malaysia (IGRSM)Prof Dr Abdul Rashid Mohamed Shariff (pic), president of the Institution of Geospatial and Remote Sensing Malaysia (IGRSM)

According to Rashid, the changes proposed by the government are poised to significantly disrupt current practices in many areas.

"We urge the Ministry to reconsider these amendments and engage in a more inclusive and transparent dialogue with all affected stakeholders. The current approach not only risks stifling industry innovation but also undermines the contributions of many geomatics professionals. It is essential that significant legislation affecting specific groups undergo a thorough consultation process, with stakeholder feedback being properly incorporated. Unfortunately, we were neither consulted nor provided with the draft regulations in advance, receiving only a short and insufficient briefing. This lack of engagement is deeply disappointing and undermines transparent decision-making.

"We call for the immediate dissemination of the draft regulations and an extension of the consultation period to ensure that all stakeholders can provide informed feedback. It is essential that any legislative changes reflect the full spectrum of professional practices in the geomatics industry and avoid the risk of monopolising critical sectors," he said of the amendment that received Royal Assent on July 2, though it has yet to be gazetted at press time.

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