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,
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