Hydrologists Act

This Act may be cited as the Hydrologists Act.

This section provides definitions (interpretation) of terms used in the Act, listing specific defined terms and their meanings.

The Board may appoint officers and other staff it considers necessary, on terms it determines and in consultation with the Salaries and Remuneration Commission.

The Board may delegate, by resolution generally or in any particular case, to any committee the exercise of its powers or performance of its functions or duties under this Act.

Establishes the Hydrologists Registration Board and lists corporate powers including suing and being sued, borrowing or lending money, acquiring and disposing of property, entering into contracts, and performing other acts for furtherance of the Act.

The Board must regulate, co-ordinate and oversee the practice of hydrology.

The Board has all powers necessary for the proper performance of its functions under this Act.

Lists who composes the Board: a Chairperson (appointed by the Cabinet Secretary and who must be a Society member), specified Principal Secretaries, the Attorney-General, the Chief Hydrologist, two persons appointed by the Cabinet Secretary for hydrology experience, a NEMA representative, and the Registrar as an ex officio member; members in paragraphs (b)–(f) may attend meetings or send representatives.

The Board must conduct its business and affairs in accordance with the Schedule.

A member of the Board is not personally liable for acts or omissions of the Board done in good faith when carrying out its responsibilities, functions or powers.

The Board must pay members of the Board remuneration, fees or allowances for expenses as it determines after consulting the Cabinet Secretary responsible for finance.

The Cabinet Secretary must appoint a public officer as the Registrar of the Board; the Registrar must hold and vacate office according to the terms and conditions of his or her appointment.

The Registrar must keep up-to-date registers for specified categories of hydrology professionals; the register must contain prescribed particulars for persons entitled to be registered, subject to payment of the prescribed fee.

The Registrar must publish specified register information and an annual list in the Gazette.

A publication under section 14 is prima facie evidence that the persons named are registered under the Act; deletion from the register or absence from the publication is prima facie evidence that the person is not registered.

Any person may, during normal office hours and on payment of the prescribed fee, inspect the register or any document or entry in it and may obtain from the Registrar a copy or extract.

Courts must not issue a process compelling production of the register or any document kept by the Registrar except with the leave of that court; such a process must state that it was issued with the court's leave.

Section 18 sets out qualifications for registration for hydrologists and hydrological assistants, and authorises the Board to require applicants to satisfy it of fitness and to direct the Registrar to postpone registration until satisfied.

Temporary registration allows a person to be registered for the period or duration of specified work if certain application requirements are met.

Registered persons who intend to practice in a year must apply for an annual licence; applications must be in prescribed form with prescribed fees; Cabinet Secretary sets fees; the Board applies and pays sums as prescribed; licences bear issue date and expire at year end; Registrar records issue dates; licence year is calendar year.

Employees of national or county government or other employers who receive remuneration are not, for the purposes of this Act, to be treated as persons who practice hydrology under subsection (1).

Section 22 sets out requirements and effects for removal and correction of entries in the register, including time limits to notify the Registrar of a current address (six months), to renew an annual licence (three months), a requirement to satisfy the Board by affidavit when requesting removal, the Registrar's duty to notify by registered post except where no address is provided or the person dies, and that a removed person ceases to be registered from the date of removal.

The Board may direct that a name removed under section 22 be confirmed removed, restored, or that a suspension be terminated; the Board's direction can set the effective date and require payment of a fee (not exceeding the registration application fee) as determined by the Board.

The provision lists powers to caution, suspend registration, or remove a person's name from the register; it also states that a hydrologist claiming to be a consultant while having conflicting interests, and a hydrological assistant implying qualification for registration, are guilty of improper or disgraceful professional conduct.

At inquiries the person whose conduct is inquired into has the right to appeal and to be heard or represented; the Registrar must record a summary of evidence; and the Board has power to regulate its own procedure, subject to this section and regulations under section 35.

A person giving evidence before the Board is entitled to the same privileges as a witness before the High Court.

Persons affected by certain Board decisions may appeal to the High Court; the High Court may give directions and its orders are final; the Board may appear and is deemed a party for costs; until rules are made, Civil Procedure Act provisions apply as if the Board's decision were a decree of a subordinate court.

The Board is entitled to moneys or assets that accrue to or vest in it when exercising its powers or performing its functions under this Act.

The Board's financial year is the twelve-month period ending on 30 June each year.

The Board must prepare annual revenue and expenditure estimates at least three months before each financial year; the Board must approve and submit them to the Cabinet Secretary for approval, and after approval the Board cannot increase estimates without the Cabinet Secretary's consent. The Board may create reserve funds as it thinks fit.

The Board must cause all proper books and records of its income, expenditure, assets and liabilities to be kept.

The Board may invest the funds in certain securities, including securities the Treasury approves.

Section 33 prohibits non-registered persons from pretending to be, using the title of, or otherwise holding themselves out as a hydrologist (including hydrological assistant or consultant hydrologist), and prohibits registered persons from misrepresenting their registration category or acting as a different category of hydrologist.

Fraudulently makes, or causes or permits to be made, any false or incorrect entry in the register or any copy thereof

Regulations may be made about the conduct of the Board’s business and the procedure to be followed by the Board in any inquiry under this Act.

The Cabinet Secretary may, by regulations made under section 35, exempt certain persons or classes (including in particular hydrology disciplines or particular occupations or employment) from having to comply with any or all provisions of this Act.

After six months (or longer if the Cabinet Secretary declares) from commencement, no person may practice unless they hold an annual licence in force; contravention is an offence punishable by a fine up to one hundred thousand shillings or imprisonment up to one year or both.