Part V — Regulation of the Practice of Engineering
Anyone carrying out engineering-related work must be registered with the Professional Engineers Registration Board (PERB). This Part sets out who must register, and the penalties that apply when they don't.
Registration is mandatory, not optional
A person who is carrying out functions or work related to or involved with engineering must be registered with the Professional Engineers Registration Board (PERB), as prescribed by the Professional Engineers Registration (Amendment) Act 2007. Part V of the Act defines who must be registered and prescribes the penalties that apply to both the engineer and the employer of an engineer who is not registered and is involved in engineering-related activities.
Employment of Registered Engineers
Employment of Registered Engineers
Any person, company, statutory body, government body or organisation that undertakes or employs others to undertake professional engineering studies and works — including design work, investigations and other works carried out offshore, where the total project value exceeds K200,000.00 — shall employ registered engineers for the engineering management, design and implementation of these works.
Subsection (1A)All drawings and documentation for the construction of works approved under Subsection (1) shall be approved and signed by a registered engineer.
Subsection (2)A person who fails to employ registered engineers in accordance with Subsection (1) is guilty of an offence.
A provisionally registered engineer may be employed under Subsection (1), provided he is under the full-time direction of a registered engineer who accepts responsibility for the engineering work of the provisionally registered engineer.
Offences & Penalties
Beyond employment obligations, the Act sets out specific offences for misrepresenting registration status.
Unregistered persons using reserved titles
A person other than a registered engineer who uses any prescribed identifying title or abbreviation for a registered engineer — or implies, in any way, that they are a registered engineer — is guilty of an offence.
Unregistered persons signing documents
A person who is unregistered but claims to be registered, or who signs engineering documents as though they are registered, is guilty of an offence.
Penalty for employing an unregistered person
A person, company, statutory body, government body or organisation who employs an unregistered person as a registered engineer, knowing them to be unregistered, is guilty of an offence.
Enforcement & Powers of the Board
The Act also gives the Board the authority to enforce these provisions and investigate breaches.
Board may direct prosecutions
The Board may order the Institution — generally, or in any particular case — to take proceedings for the recovery of penalties and the prosecution of any person, company, statutory body, government body or organisation offending against the Act.
Power to summon witnesses
The Board may summon witnesses to appear before it to give evidence and produce documents. A summons must be in the prescribed form, in writing, signed by the Chairman or Deputy Chairman, and served on the witness personally, or left at or sent by post to their usual place of business or abode.
Power to examine on oath
A member of the Board may administer an oath to a person appearing as a witness — whether summoned or appearing voluntarily — and the witness may be examined on oath.
Failure to attend or produce documents
A person served with a summons who refuses or fails, without reasonable excuse, to attend before the Board or to produce required books, documents or writings is guilty of an offence. It is a defence if the requested material was not relevant to the matter before the Board.
Fine not exceeding K400.00 • Default penalty not exceeding K40.00Refusal to be sworn or give evidence
A witness before the Board who refuses to be sworn, to make an affirmation, or to answer a relevant question put by a Board member is guilty of an offence.
Fine not exceeding K200.00Regulations
The Head of State, acting on advice, may make regulations — not inconsistent with the Act — prescribing any matters required or permitted to be prescribed, or necessary and convenient for giving effect to the Act.
Ready to get registered with PERB?
Get in touch with the IEPNG office to begin your registration or renewal with the Professional Engineers Registration Board.
IEPNG also maintains the current Professional Engineers Registration List — the official public record of registered engineers in Papua New Guinea.