CHAPTER 324
LAND SURVEY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title

   2.   Interpretation.

   3.   Director may delegate powers.

PART II
SURVEYS OF LAND

   4.   Prohibition of certain surveys by persons other than land surveyors.

   5.   Surveys to be carried out in accordance with regulations.

   6.   Aerial photography.

   7.   General cadastral survey.

   8.   Power of land surveyor to enter land.

   9.   Penalty for obstructing surveyors.

   10.   Fees for survey.

PART III
SURVEY MARKS

   11.   Interference with survey marks.

   12.   Prohibition of certain work near trigonometrical station or benchmark.

PART IV
SURVEY PLANS AND RECORDS

   13.   Original cadastral survey plans and records to be deposited with the Director and become the property of Government.

   14.   Duty of surveyor to make corrections and adjustments.

   15.   Diagram and prints of aerial photographs.

   16.   No plan to be amended without the Chief Surveyor's permission.

   17.   Approval of plans.

   18.   Plan based on general cadastral survey.

PART V
BOARD OF CONTROL AND LICENSING OF SURVEYORS

   19.   Establishment of Board.

   20.   Appointment of Secretary and other officers.

   21.   Duties of the Board.

   22.   Conditions for the issue of licences.

   23.   Conditions for admission to examination.

   24.   Exemptions.

   25.   Examination fee.

   26.   Examining candidate on oath.

   27.   Form of licence and fees.

   28.   Power to require licensed surveyor to undergo survey trial after period of absence from practice.

PART VI
DISCIPLINARY PROVISIONS

   29.   Complaint against licensed surveyor and how dealt with.

   30.   Power of Board to deal with offences.

PART VII
REGULATIONS

   31.   Regulations.

PART VIII
REPEAL

   32.   [Repeal of R.L. Caps. 121 and 122.]

   33.   [Amendment of Cap. 16.]

CHAPTER 324
THE LAND SURVEY ACT

An Act to provide for land surveys and licensing of land surveyors.

[5th June, 1959]
[G.N. No. 180 of 1959]

Ord. No. 32 of 1957
[R.L. Cap. 390]
Acts. Nos.
13 of 1991
18 of 1997

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Land Survey Act.

2.   Interpretation

   In this Act unless the context otherwise requires–

   "Board" means the Board of Control of Licensed Surveyors established under the provisions of section 19;

   "boundary beacon" means any survey mark affixed, erected or placed for the purpose of denoting the boundaries of any land;

   "cadastral survey" means any survey the purpose of which is to obtain information for recording the position of the boundaries of lands in separate ownership or intended to be the subject of any disposition or partition, or re-establishing such boundaries on the ground or setting out new boundaries on the ground;

   "Chief Surveyor" means the Chief Surveyor of the Department of Lands and Surveys;

   "Director" means the Director of Lands and Surveys;

   "general cadastral survey" means a cadastral survey made under the provisions of section 7;

   "Government surveyor" means an officer of the Department of Lands and Surveys or of the Directorate of Overseas (Geodetic and Topographic) Surveys, authorised by the Director to execute surveys under this Act;

   "land surveyor" includes both a Government surveyor and a licensed surveyor;

   "licence" means a licence issued or deemed to have been issued under the provisions of this Act;

   "licensed surveyor" means a surveyor licensed or deemed to have been licensed under the provisions of this Act;

   "Minister" means the Minister responsible for lands;

   "owner" includes every lessee, sub-lessee, holder of a right of occupancy and licensee of land and any successor in title;

   "prescribed" means prescribed by regulation made under the provision of this Act;

   "survey" means a cadastral, topographical or triangulation survey of land;

   "survey mark" means any trigonometrical station, bench mark, boundary beacon, peg, picket, mark or pole, whether above or below the surface of the ground, which is fixed, placed or set up by, or under the direction of, a land surveyor for the purpose of any survey;

   "surveyed land" means land the boundaries of which have been surveyed by a land surveyor;

   "topographical survey" means a survey the purpose of which is to obtain information for recording the position of the physical features and the configuration of the ground;

   "triangulation survey" means a survey the purpose of which is to obtain information for recording the position and height of any survey mark placed for the purpose of any other survey;

   "unlicensed assistant" means any person not being a land surveyor who is employed in assisting a land surveyor in the survey of land.

3.   Director may delegate powers

   Any power conferred or duty imposed upon the Director by this Act or any regulation made under this Act may, notwithstanding anything contained in any Act, be exercised or performed by any officer of the Department of Lands and Surveys authorised in that behalf by the Director in writing under his hand.

PART II
SURVEYS OF LAND (ss 4-10)

4.   Prohibition of certain surveys by persons other than land surveyors Acts Nos. 13 of 1991 Sch.; 18 of 1997 Sch.">

   (1) No person other than a land surveyor shall–

   (a)   survey any land for the purpose of preparing an approved plan within the meaning of the Land Registration Act * or any Act amending or replacing the same;

   (b)   survey any land within an area to which this paragraph applies, for the purpose of preparing a plan to identify the land referred to or to be referred to in any document compulsorily registrable under the provisions of the Registration of Documents Act * or any Act amending or replacing the same;

   (c)   replace or cause to be replaced any missing or displaced boundary beacon or move, destroy or place, or cause to be moved, destroyed or placed, any boundary beacon purporting to denote the boundaries of surveyed land, or make any survey for the purpose of placing any boundary beacon purporting to denote the boundaries of surveyed land;

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