LAND SURVEY ACT (as amended at March 2004)
by him after such date for the replacement of a lost
beacon; and
(d) when required by the Surveyor-General, without
delay, correct in any survey carried out by such land
surveyor after the 1st May, 1933, or in any work appertaining thereto, any error which is in excess of the
prescribed limits of error, and take such steps as may
be necessary to ensure the amendment of any diagram, general plan and title deed based on such incorrect survey, and to adjust the position of any beacon
which he has placed in accordance with such incorrect
survey.
(2) As soon as practicable after the 1st May, 1933, the
Surveyor-General shall examine all such records as are
mentioned in paragraph (c) of subsection (1) before approving any general plan or diagram to which such records refer.
(3) Neither the State nor any officer thereof shall be liable
for any defective survey or work appertaining thereto
performed by a land surveyor, notwithstanding that a general
plan or diagram relating to such survey or work has been
approved by the Surveyor-General or accepted for registration in the Deeds Registry.
14 Duties of surveyor when registration has ceased
or been cancelled
(1) The Surveyor-General may, by notice in writing, direct
any person whose registration as a land surveyor in terms of
the Land Surveyors Act [Chapter 27:06] has ceased or been
cancelled, to employ, at his own expense, within such period
as may be specified in the notice, a land surveyor for the
purpose of ensuring—
(a) correction of any defect or omission that related to his
duties in terms of section thirteen;
(b) compliance with his responsibilities in terms of section
thirteen;
(c) compliance with any requirement that might have
been made of him in terms of section thirteen;
on or before the day his registration ceased or was cancelled.
(2) Where any direction given in terms of subsection (1)
is not complied with the Surveyor-General may employ a
land surveyor to comply with the direction and the costs so
incurred shall become a debt due to the State by the person
to whom the direction was given.
(d)
makes, whether personally or by his land surveyor-intraining or land survey technician, any entry in a field
book, copy of a field book or other document which
purports to have been derived from actual observation
or measurement in the field when it was not in fact so
derived; or
(e) supplies erroneous information to the SurveyorGeneral in connection with any survey, boundaries or
beacons of land, knowing it to be erroneous or without
taking reasonable steps to ascertain its accuracy; or
(f)
is, in the opinion of the Surveyor-General, guilty of
such improper or disgraceful conduct as to render him
liable to disciplinary action;
the Minister, acting on the advice of the Surveyor-General,
shall lodge a charge against such land surveyor with the
Council of Land Surveyors for the purpose of an inquiry in
terms of section 23 of the Land Surveyors Act [Chapter
27:06].
(2) A land surveyor may adopt the co-ordinates and description of an official control point.
16 Unauthorized practice as surveyor
(1) No person, except a land surveyor entitled to practise
as such, shall—
(a) perform any survey for the purpose of preparing any
diagram or general plan to be filed or registered in the
Deeds Registry or referred to in any manner whatsoever in any other document to be so filed or registered;
or
(b) perform any survey affecting the delimitation of the
boundaries or the location of the beacons of any land
registered or to be registered in the Deeds Registry; or
(c) hold himself out in any manner whatever as a land
surveyor.
(2) Any person who contravenes subsection (1) 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 both such fine and such imprisonment.
17 Performance of work by land-surveyors-intraining and land survey technicians
(1) Subject to this section, nothing contained in this Act
shall be construed as prohibiting—
(a) the employment by a land surveyor of a land surveyorin-training or land survey technician on; or
(b) the performance by a land surveyor-in-training or land
survey technician of;
work which may, in terms of rules made under the Land
Surveyors Act [Chapter 27:06] be performed by the land
surveyor-in-training or land survey technician concerned.
(2) Any work performed by a land surveyor-in-training or
land survey technician in terms of this Act, as read with rules
made under section 34 of the Land Surveyors Act [Chapter
27:06] shall be carried out on the instructions and under the
guidance of a land surveyor who shall bear full responsibility
for all such work performed:
Provided that no land surveyor shall—
(a) instruct and guide more than two land surveyors-intraining at any one time; or
(b) until such time as the cancellation, suspension or
disqualification is terminated, employ any land surveyor-in-training or land survey technician—
(i) whose registration has been cancelled in terms
of the Land Surveyors Act [Chapter 27:06]; or
(ii) who has been suspended or disqualified from
practising as such in terms of the Land Surveyors Act [Chapter 27:06];
15 Suspension or cancellation of right to practise as
surveyor
(1) Subject to subsection (2), if a land surveyor—
(a) signs, except as provided in section thirty-one, a
general plan or a diagram of any piece of land in respect of which—
(i) he has not carried out or personally supervised
the field operations either by his presence in the
field or by exercising control by personal instruction; and
(ii) he has not carefully examined, and satisfied
himself of the correctness of, the entries in any
field book, and the calculations, working plans
and other records in connection therewith,
which may have been made by any other person;
or
(b) signs a defective general plan or diagram knowing it
to be defective; or
(c) repeatedly performs, whether personally or by his land
surveyor-in-training or land survey technician,
through negligence or incompetence, defective surveys
or surveys to which adequate checks have not been
applied; or
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