LAND SURVEY ACT (as amended at March 2004)
sented on the said diagram were a piece of land such
as is referred to in section eighteen or in subsection
(1) of section twenty-three if section eighteen and
subsection (2) of section twenty-three have, mutatis
mutandis, been complied with in regard thereto and to
all matters in connection therewith:
Provided that every piece of land, a beacon or
boundary whereof has a bearing on the piece of land
represented on the said diagram, shall be deemed to
be contiguous to such last-mentioned piece of land for
the purposes of paragraph (b) of subsection (2) of section eighteen;
(b) when the difference is not beyond the prescribed limit
of error and he is satisfied that the re-survey has been
more accurately performed than the previous survey
and that the positions of the beacons and
boundaries adopted in both such surveys are identical, approve a new diagram of the land or a diagram
of any portion thereof, prepared in accordance with
the re-survey;
(c) when the difference is beyond the prescribed limit of
error in respect of certain only of the beacons and
boundaries while the numerical data of the remaining
beacons and boundaries either agree or do not differ
beyond the said limit, approve a new diagram of the
land or a diagram of any portion thereof prepared in
accordance with the re-survey, if the provisions referred to in paragraph (a) have been complied with in
regard to those beacons and boundaries the data
whereof differ beyond the prescribed limit, and the
conditions referred to in paragraph (b) are present in
regard to all other beacons and boundaries:
Provided that the Surveyor-General may at his
discretion approve the diagram without compliance
with the provisions of paragraph (b) of subsection(2)
of section eighteen in respect of any beacon or boundary in regard to which there is documentary evidence
in his office proving that the position determined for
such beacon or boundary is correct:
Provided that if he approves a new diagram of the whole
piece of land, subsections (3) and (4) of section twenty-three
shall apply, mutatis mutandis, in regard to such new
diagram.
him in consultation with the local authority, if any, of such
township.
(3) Before such re-survey is commenced, the SurveyorGeneral shall cause a notice of such intended re-survey to be
published in one issue of a statutory instrument and once
every week during two consecutive weeks in a newspaper
circulating in the district in which such township is situate,
and to be posted outside the office of the local authority of
such township or, if there is no such local authority, outside
the office of the district administrator.
(4) During such re-survey a sufficient number of permanent reference marks shall be established at intervals
throughout or in the vicinity of the area re-surveyed to enable
the positions of the corner points of all pieces of land therein
to be accurately recovered at any time, and it shall be lawful
to place such reference marks in or on any building or other
permanent structure or in any other place within or in the
vicinity of the area re-surveyed under this section.
(5) The owner of any property damaged by the placing of
any such reference mark thereon shall be entitled to compensation for such damage.
(6) Such reference marks shall be placed in position under
the direction and supervision of the Surveyor-General or his
deputy and shall conform with the prescribed specifications,
which may vary for different townships.
(7) If the area re-surveyed under this section is situate
within the jurisdiction of a local authority, such local
authority shall be responsible for the maintenance of all such
reference marks, and any destruction of or damage to any
such reference mark shall be made good by the SurveyorGeneral at the expense of such local authority.
(8) All costs of and incidental to such re-survey, including
any compensation paid or due under subsection (5), shall in
the first instance be defrayed from moneys appropriated for
the purpose by Act of Parliament and, if the area re-surveyed
is situate within the jurisdiction of a local authority, the
Minister may recover from that local authority such proportion of those costs as may have been agreed upon, prior to
the commencement of the re-survey, between the Minister
and that local authority or, failing such agreement, such
proportion as the Minister may determine, and the amount so
recovered by the Minister may be recovered by such local
authority from the owners of land situate within the area resurveyed, and any part of such costs not so recovered by the
Minister from such local authority shall be recovered from
such owners in such manner as may be prescribed.
(9) If the area re-surveyed is not situate within the jurisdiction of a local authority, the costs referred to in subsection
(8), or such part thereof as the Minister deems equitable,
shall be recovered from the owners of land situate within
such area in such manner as may be prescribed.
(10) The amount payable by the owners of land in terms
of subsection (8) or (9) shall be apportioned among all such
owners in accordance with a schedule to be framed by the
Surveyor-General.
29 Diagram of exact fraction of land
When a surveyed piece of land which is held in undivided
shares is divided for the purpose of partition, the SurveyorGeneral may withhold his approval of a diagram purporting
to represent an exact fraction of the total area of such
surveyed piece of land until he is satisfied that such total area
has been ascertained by a re-survey of the whole of such
piece land.
PART VI
TOWNSHIPS
30 Re-survey of townships
(1) Where the recognized boundaries of the pieces of land
which compose a township do not conform with the boundaries shown on the diagrams or general plan representing such
pieces of land, the Minister may cause the township or any
defined portion thereof to be re-surveyed and a new general
plan thereof to be prepared in accordance with such resurvey.
(2) Such re-survey shall be carried out and such general
plan shall be prepared under the direction of the SurveyorGeneral by a land surveyor or land surveyors appointed by
31 Approval of new general plan
(1) The Surveyor-General shall not approve a new general
plan of a township or of a defined portion thereof, resurveyed under section thirty, until a copy thereof has,
during a period of six weeks, been available for inspection at
his office and at the office of the local authority within whose
jurisdiction the area re-surveyed is situate or, if there is no
local authority, at the office of the district administrator of
the district in which such area is situate, and until notice of
his intention to approve the same has been published by the
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