LAND SURVEY ACT (as amended at March 2004) (3) If such beacon or mark is not so restored or re-erected within six weeks of the date upon which any such notice was so delivered or posted, the Surveyor-General may cause such beacon or mark to be so restored or re-erected by a land surveyor. The Surveyor-General may, at the request of the owner, extend the period of six weeks. (4) The owners of all such pieces of land shall be liable in equal shares for the costs of the repair, restoration or reerection of any such beacon or mark, and the SurveyorGeneral may recover from every such owner his share of all costs incurred by the Surveyor-General under subsection (3): Provided that if any such owner, or the servant or agent of any such owner, has damaged, removed or obliterated any such beacon or mark, the entire cost of the repair, restoration or re-erection of such beacon or mark shall be borne by such owner. bench mark, trigonometrical station, reference mark or town survey mark or the erection or placing of any other mark to indicate the position of such removed or disturbed beacon, bench mark, trigonometrical station, reference mark or town survey mark, in such manner as the Surveyor-General may direct. PART VII GENERAL PLANS AND DIAGRAMS 39 Manner of preparing diagram Every general plan or diagram submitted for the approval of the Surveyor-General shall be prepared in accordance with regulations, and the numerical and other data recorded thereon shall be within the prescribed limits of consistency: Provided that the Surveyor-General may approve a diagram prepared before the 1st May, 1933, in accordance with any law or usage in force at the time of such preparation. 37 Offences and compensation in respect thereof (1) Any person who, without lawful excuse, the burden of proof whereof shall be upon him— (a) alters, moves, disturbs or wilfully damages or destroys any beacon, bench mark, trigonometrical station, reference mark or town survey mark intended to be permanent and erected for the purpose of or in connection with any survey operations, whether such beacon, bench mark, trigonometrical station, reference mark or town survey mark is upon his own land or not; or (b) erects any beacon except under the supervision of a land surveyor, whether his intention is to alter the boundary line of any piece of land or to cause deception as to that boundary line or not; 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 to both such fine and such imprisonment; and the removal or disturbance of any such beacon, bench mark, trigonometrical station, reference mark or town survey mark for the purpose of erecting another beacon, bench mark, trigonometrical station, reference mark or town survey mark in its place shall not constitute a lawful excuse under this section, unless a land surveyor personally superintends such removal or disturbance and the erection of such other beacon, bench mark, trigonometrical station, reference mark or town survey mark. (2) For the purpose of awarding compensation under the law relating to criminal procedure in respect of any damage caused by such offence, any beacon in connection with which any such offence was committed shall be deemed to be the property of any person upon whose land or upon a boundary of whose land such beacon was situate, and any bench mark, trigonometrical station, reference mark or town survey mark in connection with which any such offence was committed shall be deemed to be the property of the Surveyor-General. 40 No registration of land without approved diagram No general plan or diagram of any piece of land shall be accepted in the Deeds Registry in connection with any registration therein of such land. unless such general plan or diagram has been approved by the Surveyor-General: Provided that, in the event of such approval being contingent upon any act being subsequently performed in the Deeds Registry, the Surveyor-General may approve such general plan or diagram provisionally and, upon the performance of that act in the Deeds Registry, the SurveyorGeneral shall finally approve such general plan or diagram when submitted to him. 41 Diagram must be signed by surveyor No general plan or diagram shall be approved by the Surveyor-General unless it is prepared under the direction of and signed by a land surveyor: Provided that the Surveyor-General may sign and approve a diagram framed by his direction from a general plan or from a diagram or diagrams filed in his office or registered in the Deeds Registry, without the signature thereon of the land surveyor or land surveyors who signed the original general plan or diagram or diagrams, if he is or they are not available or unreasonably refuse to sign the diagram so framed. 42 Consolidation of land (1) Where two or more pieces or land are to be consolidated and one or more of such pieces of land is— (a) unalienated State land, or land which has been alienated and has been or is to be re-acquired by the State, the Minister responsible for the administration of such land shall notify the Surveyor-General who shall instruct a land surveyor to prepare the necessary consolidated title diagram; (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 instruct a land surveyor to prepare the necessary consolidated title diagram and shall forward a copy of such instruction to the Surveyor-General and the Registrar of Deeds. (2) Where two or more pieces of land are to be consolidated and such pieces of land are not land referred to in paragraph (a) or (b) of subsection (1), the owner shall, after obtaining such consolidation permit as may be required in terms of section 40 of the Planning Act, instruct a land surveyor to prepare the consolidated title diagram. 38 Authority to remove beacons Any person who, for the purpose of carrying out any work which he may lawfully perform, desires to remove or disturb any beacon, bench mark, trigonometrical station, reference mark or town survey mark erected in connection with the survey of land, may apply to the Surveyor-General for authority to effect such removal or disturbance, and the Surveyor-General may thereupon, at the expense of such applicant, employ any land surveyor personally to effect or supervise the removal or disturbance and subsequent replacement, in accordance with regulations, of such beacon, 13