LAND SURVEY ACT (as amended at March 2004) to perform any survey work. (3) Any land surveyor who contravenes the proviso to subsection (2) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. knowledge and belief the boundaries of such piece of land have not by agreement between the owner of such piece of land and a contiguous owner been so changed as to effect a transfer of any land otherwise than in accordance with law. (3) The Surveyor-General may, unless otherwise directed by an order of the court, refuse to approve a diagram of any such piece of land if he has reasonable grounds for believing that any area not owned by the owner of that piece of land has been included within the boundaries thereof as defined in such diagram, or that payment of any taxes or duties has been or will be evaded by any registration in the Deeds Registry based upon such diagram. (4) If any contiguous owner fails to sign the agreement within a period of one month from the date upon which he or his duly authorized agent was called upon to sign the agreement, the owner of such piece of land or his duly authorized agent shall serve upon such contiguous owner or his duly authorized agent a notice in writing, informing him that if he fails, within a further period of one month from the date of service of such notice, to lodge with the SurveyorGeneral an objection to the boundaries or beacons of such piece of land as set forth in the agreement which he was called upon to sign, he will be deemed to have agreed to such boundaries and beacons: Provided that— (i) if such contiguous owner is outside Zimbabwe when so called upon to sign such agreement and when so served with such notice, such periods of one month shall each be extended to three months; (ii) if the address of any such contiguous owner cannot be ascertained by diligent inquiries, the publication of such notice in one issue of a statutory instrument and once every week during two consecutive weeks in a newspaper, to be approved of by the SurveyorGeneral, circulating in the district within which such piece of land is situate shall be deemed to be a service of such notice for the purposes of this subsection. (5) The service of the notice referred to in subsection (4) shall, subject to proviso (ii) to that subsection, be effected by personal delivery or by registered post, and in the case of service by registered post, the date of service shall be deemed to be the date upon which the letter containing such notice would, in the ordinary course, reach the post office from which it is to be delivered to the addressee thereof. (6) Whenever— (a) a contiguous owner has failed to sign the agreement; and (b) the Surveyor-General has been satisfied by such proof as he may deem necessary that the provisions of subsection (4) have been complied with; and (c) no objection to any beacon or boundary adopted in the survey of such piece of land has been lodged with the Surveyor-General by such contiguous owner within the period mentioned in the notice served upon him in terms of subsection (4); and (d) the other requirements of this Act have been complied with in regard to the survey of such piece of land and the diagram thereof; the Surveyor-General shall approve such diagram. (7) If any contiguous owner has failed to sign the agreement and has, within the period mentioned in any such notice as is referred to in subsection (4), lodged with the Surveyor-General an objection to any beacon or boundary adopted in the survey of such piece of land, or to the diagram thereof, the Surveyor-General may, if every person affected PART IV ORIGINAL SURVEYS AND RE-SURVEYS 18 Original survey of land (1) If a land surveyor carries out a survey of any piece of land to which a title deed has been issued, but of which a diagram has not previously been registered, he shall deliver or transmit to the Surveyor-General for examination and filing of record in the Surveyor-General’s office— (a) his certificate that the corner points of such piece of land are defined by beacons complying with the regulations, and a minute description of each such beacon as it existed at the commencement of such survey, and, if the land surveyor has rebuilt any such beacon or substituted another beacon for it, the reason therefor and a minute description of the beacon after such rebuilding or substitution; (b) such original records or copies thereof as may be prescribed relative to such survey and such further proofs of the accuracy of such survey and of the correct identification of the original beacons of such piece of land or of their positions as the Surveyor-General may require, and any other information which such land surveyor may consider material and useful or which the Surveyor-General may require. (2) No diagram of any such piece of land shall be approved unless— (a) if such piece of land is surrounded by, or situate within, the prescribed distance from any secondary or tertiary triangulation stations, the survey of such piece of land has been based upon two or more such stations in such manner as may be prescribed: Provided that this paragraph shall not apply to a stand; (b) there has been lodged with the Surveyor-General a document (in this section referred to as the agreement) as far as practicable in the form set out in the Schedule, signed by the owner of such piece of land or by his duly authorized agent, by every owner of land contiguous thereto (in this section referred to as a contiguous owner) or by his duly authorized agent, and by two competent witnesses to each signature, being persons of either sex above the age of fourteen years, one of whom may be the land surveyor performing the survey: Provided that— (i) in respect of any beacon or boundary which is under this Act or any other enactment deemed to have been lawfully established, or in respect of any beacon or boundary common to such piece of land and to unalienated State land, or to land situate outside Zimbabwe, no such agreement shall be necessary; (ii) in respect of such contiguous land which is held by two or more owners in undivided shares, it shall be sufficient if the agreement is signed by the owners of not less than a three-fourths share in such land; (c) there has been lodged with the Surveyor-General by such land surveyor his certificate that to the best of his 7