LAND SURVEY ACT (as amended at March 2004)
“land surveyor” means a person who is recognized as
such for the purposes of this Act and registered or deemed to
be registered as a land surveyor under the Land Surveyors
Act [Chapter 27:06];
“land survey technician” means a person registered as a
land survey technician under the Land Surveyors Act
[Chapter 27:06];
“land surveyor-in-training” means a person registered as
a land surveyor-in-training under the Land Surveyors Act
[Chapter 27:06];
“local authority” includes any body of persons which,
being by law established, has the general control, care and
management of public places;
“local planning authority” has the meaning assigned to it
in terms of subsection (1) of section 2 of the Planning Act;
“Minister” means the Minister of Special Affairs in the
President's Office responsible for Lands, Land Reform and
Resettlement or any other Minister to whom the President
may, from time to time, assign the administration of this
Act;2
“official control point” means a permanent mark the
position of which has been declared by the Surveyor-General
to be an official control point;
“owner”, in relation to land, means the person registered in
the Deeds Registry as the owner of such land, and includes
the liquidator of a company or the representative recognized
by law of any owner who has died, become insolvent,
assigned his estate, is a minor or of unsound mind or is
otherwise under disability, if such liquidator or representative
acts within the powers conferred on him by law; and includes
the allottee of land held under provisional title and in process
of alienation by the State; and also the lessee of land held
under a lease for a period of ninety-nine years registered in
the Deeds Registry;
“Planning Act” means the Regional, Town and Country
Planning Act [Chapter 29:12];
“public place” includes any street, road, thoroughfare,
sanitary passage, square or open space shown on a general
plan of a township, filed in the Deeds Registry or the
Surveyor-General’s office, and all land, other than stands
shown on the general plan, the control whereof is vested, to
the entire exclusion of the owner, in a local authority or to
which the owners of the stands in the township have a
common right;
“reference mark” means a survey mark of permanent
construction placed by a land surveyor or under the direction
of the Surveyor-General in a township to form one of a
system of such marks for the purposes of connecting thereto
the survey or re-survey of the pieces of land in such township, or for assistance in replacing the previously placed
beacons of such pieces of land;
“registration”, in relation to any land, means a registration of any real right in or to such land in accordance with
the provisions of the law relating to the registration of deeds;
“specified foreign licence” means a licence declared to be
a specified foreign licence in terms of the Land Surveyors
Act [Chapter 27:06];
“specified foreign qualification” means a degree, diploma or other qualification declared to be a specified foreign
qualification in terms of the Land Surveyors Act [Chapter
27:06];
“stand” means every piece of land registered as a stand,
lot or plot in the Deeds Registry, and includes a stand or lot
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forming a portion of a piece of land laid out as but not
proclaimed a township, or a portion of such stand or lot;
“subdivision permit” means a permit to subdivide any
property granted in terms of section 41 of the Planning Act;
“subdivision plan” means a plan showing the layout of a
proposed subdivision or subdivisions;
“township” means a group of pieces of land which are
used for residential, industrial, commercial or similar
purposes, or are intended or likely to be used for any such
purpose, including a township established in terms of the
Planning Act and any township established before the 1st
November, 1976, in accordance with the law in force at the
date of its establishment;
“town survey mark” means a survey mark of permanent
construction placed under the direction of the SurveyorGeneral or the Director of Trigonometrical and Topographical Surveys appointed under the Trigonometrical and
Topographical Survey Act, 1958 (No. 2 of 1958), in a
township to form one of a system of such marks, the position
of which the Surveyor-General has approved;
“trigonometrical station” means a station of the primary,
secondary, tertiary or quaternary trigonometrical survey
systems as classified by the Surveyor-General.
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Application of Act
This Act shall only apply to any survey used for the purpose of effecting the registration of any land in the Deeds
Registry, or for re-determining the position of a curvilinear
boundary, or of any beacon defining the terminal of any
boundary of a piece of land registered in the Deeds Registry.
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Act binding on State
This Act shall be binding on the State in so far as any land
surveyed or re-surveyed or dealt with thereunder is unalienated State land, or land which has been alienated and
subsequently re-acquired by the State; and the SurveyorGeneral shall, for the purposes of this Act, be deemed to be
the owner of any such land.
PART II
ADMINISTRATION
Establishment of Surveyor-General’s office
(1) There shall be established at Harare a SurveyorGeneral’s office which shall be deemed to be a continuation
of the Surveyor-General’s office in existence on the 30th
April, 1933.
(2) The Minister may, by notice in a statutory instrument,
establish at places, other than Harare, such other additional
offices of the Surveyor-General as he may deem necessary or
expedient for the proper administration of this Act:
Provided that the office of the Surveyor-General which
was in existence in Bulawayo on the 12th December, 1969,
shall be deemed to have been established in terms of this
section, and the Minister shall as soon as possible specify, by
notice in a statutory instrument, the area which is served by
that office.
(3) Where the Minister establishes an additional office in
terms of subsection (2), he shall specify in the notice referred
to in that subsection the area which shall be served by that
office.
(4) The Minister may, by notice in a statutory instrument—
(a) disestablish any additional office established in terms
of subsection (2);
(b) amend the area specified in terms of subsection (3)
which shall be served by an additional office.
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Definition adjusted to take account of assignment notified by
S.I. 61B/2004.
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