LAND SURVEY ACT (as amended at March 2004) objections lodged in terms of paragraph (a) of subsection (1), shall— (a) decline to give his consent; or (b) give his consent; or (c) give his consent subject to such conditions as he may deem fit to impose; and give notice of his decision— (i) in a statutory instrument; and (ii) in writing to the applicant and to each person who has lodged an objection in terms of paragraph (a) of subsection (1). (4) If the applicant or any person who has lodged an objection in terms of paragraph (a) of subsection (1) is aggrieved by a decision of the Minister in terms of subsection (3), he may, within twenty-eight days of the notification of the decision in a statutory instrument, appeal against such decision to the Administrative Court constituted in terms of section 59 of the Planning Act which may make such order in the matter as it sees fit. (5) Where an appeal has been lodged in terms of subsection (4), section 61 of the Planning Act shall apply, mutatis mutandis, to any order made by the Administrative Court in terms of subsection (4). (6) Where a general plan or portion thereof of a township is cancelled or amended in accordance with this section the Surveyor-General shall— (a) make such cancellation or amendment in terms of this section; and (b) inform the Registrar who shall make such alterations, amendments or endorsements on the relevant title deeds as may be necessary. (b) (c) its description; and the details of any servitude represented on the general plan, which is to be registered; (d) details of any such land which has been set aside for road or public purposes in terms of section 41 of the Planning Act; and (e) a reference to the general plan. (3) Where, in terms of subsection (1) a diagram has been dispensed with in respect of a certain piece of land, reference to “diagram” in this Act shall be construed as reference to the general plan which represents such piece of land. PART IX MISCELLANEOUS 50 Powers of entry upon land (1) The Surveyor-General, any person generally or specially deputed by the Surveyor-General, any land surveyor and any assistant may, for the purpose of performing any duties imposed by or in pursuance of this Act or any other enactment— (a) enter upon any land with such assistants, helpers or servants, animals, vehicles, appliances and instruments as are necessary for or incidental to the performance of those duties; and (b) place or erect any permanent beacon, bench mark, reference mark, town survey mark or trigonometrical station, or any temporary flag, signal or other mark upon such land; and (c) make use of any natural material upon which no work has been expended, and, except within a township, of any water, whether conserved or not, found upon or in such land; and (d) cut any vegetation growing wild in the vicinity of any such beacon, mark, trigonometrical station, flag or signal for the purpose of enabling observations to be made thereto or therefrom; and (e) enter at all reasonable hours any building or enclosed place: Provided that— (i) reasonable notice of the intention to exercise any of the powers conferred by this section shall be given to the owner or occupier of such land, except when such powers are exercised in carrying out any provision of section thirty; (ii) as little damage and inconvenience as possible shall be caused by the exercise of any of the powers conferred by this subsection, and such owner or occupier shall be entitled to compensation for any damage caused to or in any building or enclosed place and for any unreasonable damage caused to any other property belonging to such owner or occupier. (2) Any person who in any way whatsoever prevents, obstructs or impedes the exercise of any of the powers conferred by subsection (1), or who moves, obscures or destroys any flag, peg, signal or other mark of a temporary nature lawfully placed on such land in connection with any surveying operations, before the completion of such operations, shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 48 Surveyor-General may require submission of diagram (1) The Surveyor-General may require a person who is in possession of an approved diagram to submit that diagram to him for the purposes of cancellation, alteration, amendment or endorsement thereof or thereto in terms of the powers conferred upon the Surveyor-General by any enactment. (2) Where an approved diagram has been lost, mutilated or destroyed the Surveyor-General may— (a) where the diagram is required for alteration, amendment or endorsement, require the owner of the land represented by the diagram to cause a copy thereof to be prepared and submitted to the Surveyor-General for certification as a true copy; (b) where the diagram is required for cancellation, accept an affidavit deposing to the loss, mutilation or destruction thereof. (3) Where a copy of a diagram has been certified as a true copy by the Surveyor-General in terms of paragraph (a) of subsection (2) it shall be deemed to be the original. (4) Any person who fails to comply with any requirement made of him by the Surveyor-General in terms of this section shall be guilty of an offence and liable to a fine not exceeding level three. 49 Surveyor-General may dispense with diagrams (1) Where the Surveyor-General approves a general plan, he may dispense with diagrams of some or all of the pieces of land represented on that general plan. (2) Where the Surveyor-General dispenses with a diagram in terms of subsection (1), he shall issue a certificate to the Registrar of Deeds setting out, in respect of the land to which the certificate relates— (a) its area; and 51 Acquisition of servitudes (1) The Minister may— (a) subject to subsection (2), require that a servitude in favour of the State protecting any permanent beacon, 15

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