LAND SURVEY ACT (as amended at March 2004) State, the Minister responsible for the administration of such land shall forward to the Surveyor-General two copies of the relevant subdivision plan, and the Surveyor-General shall instruct a land surveyor to undertake the survey; (b) owned by and falls within the jurisdiction of an authority which is a local planning authority for the purposes of Part V of the Planning Act, the local planning authority shall forward a copy of the relevant subdivision plan to the Surveyor-General and the Registrar of Deeds and shall instruct a land surveyor to undertake the survey; (c) land which is not referred to in paragraph (a) or (b), the owner shall, after obtaining such subdivision permit as may be required in terms of section 40 of the Planning Act, instruct a land surveyor to undertake the survey. (2) Where a local planning authority has, in terms of subsection (7) of section 40 of the Planning Act forwarded to the Surveyor-General a copy of a subdivision permit for the creation of more than one subdivision, the Surveyor-General shall advise the person to whom the subdivision permit has been granted and the Registrar of Deeds, in respect of the whole of the land covered by the subdivision permit, his requirement in relation to diagrams, the general plan or the general plan and diagrams and, where appropriate, the taking out by the owner of a certificate of title in terms of the Deeds Registries Act [Chapter 20:05]. (3) Where the Surveyor-General has received a copy of a subdivision plan in terms of paragraph (a) or (b) of subsection (1) he shall advise the land surveyor authorised to undertake the survey, in respect of the whole of the land covered by the subdivision plan his requirement in relation to diagrams, the general plan or the general plan and diagrams. diagrams relating to a subdivision plan, the Surveyor-General shall notify the Registrar of Deeds and the local planning authority of his approval. (4) Upon being notified by the Surveyor-General in terms of subsection (3), the Registrar of Deeds shall delete from the relevant title deed any condition which conflicts with the provisions of a subdivision permit forwarded to him by the local planning authority. (5) Where the Surveyor-General approves a diagram of land that has been set aside for road or public purposes in terms of section 41 of the Planning Act, he shall submit the diagram to the Registrar of Deeds. (6) Where land has been set aside for road purposes in terms of a subdivision permit and— (a) no diagram has been called for in terms of subsection (2) of section twenty-five; and (b) no certificate dispensing with a diagram has been issued in terms of section forty-nine; the Surveyor-General shall on all copies of the diagram of the land of which the road is a part— (i) cause the geometrical figure of the land so set aside to be defined; and (ii) make an endorsement to the effect that the ownership of the land so set aside has vested in terms of section 41 of the Planning Act; and notify the Registrar of Deeds in writing of his action. (7) On receipt of a diagram referred to in subsection (5) of land which has been set aside for road or public purposes or on receipt of a certificate issued in terms of section fortynine in respect of such land, the Registrar of Deeds shall issue to the appropriate authority, title, in a form approved by him, in respect of such land. (8) On receipt of notification in terms of subsection (6) the Registrar of Deeds shall make an endorsement on the relevant title deed to the effect that the ownership of the land set aside for road purposes has vested in the appropriate authority in terms of subsection (6). (9) In this section— “appropriate authority” has the meaning assigned to it in subsection (8) of section 41 of the Planning Act. 26 Approval of survey records relating to subdivision (1) The Surveyor-General shall not approve the survey records, diagrams or general plan relating to the subdivision of any land unless— (a) the documents in accordance with his requirements referred to in subsection (2) or (3) of section twentyfive have been lodged; and (b) he has compared the survey records submitted with the subdivision plan and is satisfied that the subdivisions as surveyed do not differ materially with regard to shape or area from those contemplated in the subdivision plan; and (c) the period during which an appeal in connection with any subdivision permit concerned could have been lodged in terms of section 44 of the Planning Act has expired or, if an appeal has been so lodged, the appeal has been finally determined. (2) Notwithstanding the provisions of subsection (1), where the Surveyor-General has in terms of subsection (2) of section twenty-five required the owner to take out a certificate of title in terms of the Deeds Registries Act [Chapter 20:05], the Surveyor-General shall first determine the approval of the diagram of the whole of the land covered by the subdivision permit concerned for annexure to the certificate of title and then, after being satisfied that the certificate of title has been registered, he shall next determine the approval of the diagrams or the general plan or the general plan and diagrams of the subdivisions concerned. (3) Upon the approval of any survey records, including any diagram or the general plan or the general plan and 27 Definition of geometrical figure and deduction of numerical extent of subdivision Upon separate registration being effected of any subdivision of a piece of land registered in the Deeds Registry, the Surveyor-General shall define on a copy of the diagram of the land so divided belonging to the owner of the remaining extent, and on the copy of such diagram registered in the Deeds Registry or on that filed in the office of the SurveyorGeneral, the geometrical figure representing such subdivision and deduct its numerical extent: Provided that in such cases as may be prescribed, such definition and deduction may be made on a general plan instead of on such diagram. 28 Rectification of errors ascertained by re-survey or division If on the re-survey of any land or the survey of land for the purpose of division (in this section referred to as the resurvey) the numerical data derived from the re-survey are found to differ from those numerical data on the diagram of the land upon which any registration has been based, the Surveyor-General shall— (a) when the difference is beyond the prescribed limit of error, approve a new diagram of the land in accordance with the re-survey as if the piece of land repre10

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