LAND SURVEY ACT (as amended at March 2004) Surveyor-General in two consecutive issues of a statutory instrument and once every week during two consecutive weeks in a newspaper circulating in the district in which such area is situate, calling upon persons interested to lodge in writing at his office any objection they may have to the approval of the new general plan. (2) If within four weeks from the date of the last publication of the said notice no such objection has been so lodged, the Surveyor-General may approve the new general plan, and upon such approval he shall, by notice in a statutory instrument, declare that such general plan has been approved and publish the schedule referred to in subsection (10) of section thirty. (3) If within such period of four weeks any objection to the new general plan has been so lodged, the provisions of subsections (7) and (8) of section eighteen shall apply, mutatis mutandis: Provided that the Surveyor-General may approve and make use of a general plan or general plans of such portions of the area re-surveyed as are not affected by such objection, and generally may take any steps in regard to such portions as if no such objection had been lodged. (c) (d) (e) gram based on such original survey has been approved in terms of section eighteen; when its position is in agreement with the position thereof adopted in a re-survey such as is referred to in— (i) paragraph (a) of section twenty-eight; or (ii) paragraph (c) of section twenty-eight if the provisions of paragraph (a) of that section have been complied with in regard to such beacon or boundary; and when a diagram based on such re-survey has been approved by the Surveyor-General and registered in the Deeds Registry; when its position is in agreement with the position thereof adopted in a re-survey in terms of section twenty-four or thirty and when a general plan based on such re-survey has been approved; when its position is in agreement with an order of the Court. 34 Manner and cost of erecting beacons for survey purposes (1) All beacons erected for the purpose or in consequence of any survey or re-survey of land under this Act or any enactment in force prior to the 1st May, 1933, shall be substantially and durably constructed under the supervision of, and in the position determined by, a land surveyor. (2) The materials of which such beacons shall be composed and the manner in which they shall be erected shall be prescribed. (3) Subject to the proviso to subsection (4) of section thirty-six, the cost of erecting such beacons, including the cost of determining their position by survey, when necessary, shall be borne by the owner of the land so surveyed or resurveyed, who shall be entitled to recover from the owner or owners of contiguous land a proportionate share of the cost of determining the position of and erecting any joint beacon. 32 New general plan supersedes erroneous diagrams (1) Whenever a new general plan of a township or portion thereof has been approved under the provisions of section thirty-one, the Surveyor-General shall furnish the Registrar with a list of all pieces of land shown thereon, and thereafter no transfer or endorsement or any other act affecting the registration of any such piece of land or any portion thereof or undivided share therein shall be effected in the Deeds Registry until a diagram agreeing with such new general plan has been approved and the owner has taken such steps as may be necessary in accordance with the law relating to the registration of deeds, to procure the endorsement or rectification of his title deed. (2) The owner of any piece of land may, on application to the Surveyor-General, obtain a new diagram representing such piece of land on production of a certificate by the appropriate authority to the effect that any amount due by such owner in terms of subsection (8) or (9) of section thirty in respect of such piece of land has been paid by him and, the Surveyor-General shall, on payment of the prescribed fees, cause such new diagram to be prepared from the date recorded on such new general plan. 35 No poles to be placed near beacon Except with the consent of the Surveyor-General, it shall not be lawful for any person to place any fence post or fence anchor or any other erection, or to make any excavation, within one metre of any beacon or trigonometrical station, except in the case of stands or plots in a township, or plots of an area not exceeding ten hectares. 36 Repair or re-erection of beacons (1) Every owner of land shall maintain in proper order and repair, in accordance with regulations, any beacon or mark defining a corner point of such land, whether such beacon or mark was erected for the purpose of or in connection with a survey or re-survey of such land under this Act or any enactment in force prior to the 1st May, 1933, or for the purpose of or in connection with a survey or re-survey of any land contiguous thereto. (2) If any such beacon or mark has not been maintained in proper order and repair, or has been removed or obliterated, the Surveyor-General may, by delivery or by transmission in a registered letter through the post, serve upon the owner of every piece of land whereof such beacon or mark forms a corner a notice in writing calling upon him to restore such beacon or mark to the prescribed condition, or to re-erect it in the prescribed manner, as the case may be: Provided that the re-erection of any such removed or obliterated beacon or mark shall be carried out by a land surveyor. PART VII BEACONS AND BOUNDARIES 33 Beacons and boundaries lawfully established (1) Notwithstanding anything contained in any law, the position of any beacon or boundary deemed in terms of this section to have been lawfully established shall be unimpeachable, that is to say, it shall not be capable of being brought into question in any court and the Surveyor-General or Registrar shall not accept for filing or registration any document which shows any beacon or boundary inconsistent with such position. (2) A beacon or boundary shall be deemed to have been lawfully established— (a) when its position is in agreement with the position thereof adopted in a re-survey and when a diagram based on such re-survey has been approved in terms of section twenty-three; (b) when its position is in agreement with the position thereof adopted in an original survey and when a dia12