CHAPTER 324
LAND SURVEY ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   NOTICES

      The General Cadastral Survey, Tabora

      The General Cadastral Survey

      The Approval of Licence to Practise

   REGULATIONS

      The Land Survey (General) Regulations

      The Land Survey and Surveyors' Regulations

   RULES OF COURT

      The Land Survey (Appeals) Rules of Court

NOTICES

THE GENERAL CADASTRAL SURVEY, TABORA

(Section 7)

G.N. No. 186 of 1959

   It is hereby directed that a general cadastral survey be made of the Township of Tabora.

THE GENERAL CADASTRAL SURVEY

(Section 7)

G.Ns. Nos.
62 of 1960
277 of 1960

   It is hereby directed that a general cadastral survey be made of the following areas–

   (1)   The Ujiji Township.

   (2)   The land described in the following Schedule–

SCHEDULE

   Commencing at the concrete culvert at the junction of the Tanga-Pangani Road and the Tanga Municipal boundary, thence in a easterly direction along the Tanga Municipal boundary to a point 800 feet east of boundary point KB SW; thence in a northerly direction along the Municipal boundary to a point 700 feet south of boundary point Inter MNI; thence in an easterly direction to the boundary of Makorora Estate; thence in a northerly direction along the western boundary of Makorora Estate to its junction with the proposed Ring Road; thence in a southerly and westerly direction along the line of the proposed Ring Road to its junction with Pangani Road; thence in a southerly direction along Pangani Road to the concrete culvert on the Municipal boundary, the point of commencement, as delineated in red on registered Plan No. 11365 deposited with the Commissioner for Lands and Surveys.

THE APPROVAL OF LICENCE TO PRACTISE

(Section 22(b))

   A licence to practise as a Land Surveyor in Canada, Australia, New Zealand, South Africa and Kenya is approved for the purposes of section 22(b) of the Land Survey Act *.

   A licence to practise as a Land Surveyor in Denmark and Zimbabwe is approved for the purposes of section 22(b) of the Land Survey Act *.

REGULATIONS

THE LAND SURVEY (GENERAL) REGULATIONS

(Section 21)

G.Ns. Nos.
173 of 1959
161 of 1990
293 of 1990
187 of 1993
261 of 1993
42 of 1998

PART I
PRELIMINARY PROVISIONS (reg 1)

1.   Citation and interpretation

   (1) These Regulations may be cited as the Land Survey (General) Regulations.

   (2) In these Regulations "the Act" means the Land Survey Act *.

PART II
BOARD OF CONTROL OF LAND SURVEYORS (regs 2-4)

2.   Meetings of the Board

   (1) At every meeting of the Board, each member shall have the right to one vote on any matter under discussion:

   Provided that in the event of an equality of votes the Chairman or, if he is absent, the Deputy Chairman shall have, in addition, a casting vote.

   (2) Subject to the foregoing provisions of this regulation, the decisions of the majority of the members present and voting at a meeting of the Board shall be deemed to be a decision of the Board.

   (3) Every meeting of the Board shall be convened by the Chairman and not less than seven days' notice of the time and place of every meeting shall be sent to every member by the Secretary.

   (4) The Secretary shall keep minutes of every meeting of the Board in a Minute Book kept for the purpose.

3.   Surveyors' register

   (1) The register of surveyors required to be kept under paragraph (b) of section 21 of the Act shall be kept by the Secretary.

   (2) The register shall contain the following information in relation to each licensed surveyor–

   (a)   his name and permanent address;

   (b)   a short statement of all professional examinations passed, together with relevant numbers of certificates of examinations, diplomas, degrees, licences or titles;

   (c)   the date of passing or of exemption from the examination of the Board;

   (d)   a record of any offence against the Act committed by the surveyor or of any conduct by a surveyor leading to the exercise by the Board of any of its powers under paragraphs (i) to (iv) of subsection (1) of section 30 of the Act, of any action taken by the Board under section 30 of the Act, and of the date of any relevant notification in the Gazette.

4.   Registration

   (1) Every person applying for the issue of a licence under paragraph (b), (c) or (d) of section 22 of the Act shall make written application to the Secretary of the Board and shall forward therewith–

   (a)   the original or certified copies of–

      (i)   his licence or equivalent authority to practise in any other country approved by the Minister under paragraph (b) of section 22 of the Act; or

      (ii)   his diploma of the Royal Institution of Chartered Surveyors; or

   (b)   evidence that he has the requisite length of service in Her Majesty's Overseas Civil Service,

whichever shall be appropriate.

   (2) Written evidence shall also be produced giving as full information as is practicable regarding the applicant's career as a land surveyor and the types of work he has undertaken, together with dates and any other information which may be relevant.

   (3) The types of survey prescribed for the purposes of paragraph (i) of the proviso to section 22 of the Act shall be those prescribed for Part II of the examination by regulation 13.

   (4) Every application for the issue of a licence shall be accompanied by tender of the prescribed fee, which shall be refunded if the application is disallowed.

   (5) Every person who has passed or been exempted from both Parts I and II of the examination prescribed under Part III of these Regulations shall, on payment of the prescribed licence fee, be entitled to a licence:

   Provided that no such person shall be entitled to a licence if he has been guilty of any conduct which would, had he been a licensed surveyor, have rendered him liable to admonishment or justified the Board's suspending or cancelling his licence under the provisions of section 30 of the Act.

PART III
EXAMINATIONS (regs 5-15)

5.   Applications for admission to examination and exemption

   (1) Every application for admission to examination under section 23 of the Act shall be made in writing to the Secretary and shall be accompanied by documentary proof that the candidate is eligible under the Act for admission to examination.

   (2) Every application for exemption from examination in any subject under section 24 of the Act shall be made in writing to the Secretary and shall state the grounds upon which the application is made.

   (3) Every application for admission to Part I of the examination shall be accompanied by tender of the prescribed fee.

6.   Examination place and date

   (1) Examinations for licences shall be held at such places and on such dates as shall be notified by the Secretary in the Gazette.

   (2) Every examination shall be in two parts and shall be in the English language.

7.   Appointment of examiners

   (1) The Board shall appoint not less than two examiners to conduct each part of the examination on behalf of the Board.

   (2) The examiners shall report in writing to the Board, giving full particulars of the marks given by them to each candidate in each subject and such report shall be signed by every examiner.

8.   Part I of the examination

   The following subjects shall form Part I of the examination–

   (a)   survey instruments, including the principles of construction, adjustment and use of the following instruments, namely, theodolite, tachometer, plane table, sextant, level, compass, clinometer, barometer, thermometer, steel band, pantograph, planimeter, abney level and simple air survey instruments;

   (b)   principles and practice of surveying, including–

      (i)   triangulation, including quadrilateral, polygonal and raytrace computations, the graphical determination of points, interpolation, reduction of eccentric observations and corrections for displaced signals;

      (ii)   traverse surveys including the reduction of measured lines for sag, temperature, slope and mean seal level;

      (iii)   topographical and tacheometrial surveys;

      (iv)   determination of heights, including use of altimeter;

      (v)   setting out of roads and curves;

      (vi)   computations of areas including such as have irregular and curvilinear boundaries;

      (vii)   adjustment of discrepancies in surveys;

      (viii)   re-determination of boundaries from old plans and documents;

      (ix)   cutting off given areas;

   (c)   methods of field practice as prescribed in the Land Survey Act * and Surveyors' Regulations, including the keeping of field notes and the cross-referencing of records and computations;

   (d)   drawing, including general plan drawing, compilation of plans, drawing of sections and contours, map projections;

   (e)   engineering surveys, including levelling, grading, and measurement of earth works;

   (f)   astronomy and geodesy, including the determination of latitude, longitude, azimuth and time, spherical excess, convergence of meridians and transformation of co-ordinates;

   (g)   knowledge of the following enactments in so far as they relate to the survey and demarcation of land for purposes of making title–

         the Land Act *;

         the Land Registration Act *;

         the Land Registration Rules *;

         the Highways Act *;

         the Town and Country Planning Act *,

      and any Act or rules replacing any of the foregoing;

   (h)   knowledge of the Land Survey Act * and of the Land Survey and Surveyors' Regulations.

9.   Allotment of marks

   Marks in Part I of the examination shall be allotted as follows–

Marks

   (a)   Survey instruments

50

   (b)   Principles and practice of surveying

50

   (c)   Field practice

150

   (d)   Drawing

50

   (e)   Engineering survey

50

   (f)   Astronomy and geodesy

150

   (g)   Land Act and regulations

50

   (h)   Land Survey Act and regulations

50

Total Marks

600

10.   Percentage of marks for a pass in Part I

   (1) A candidate shall not be deemed to have passed Part I of the examination unless he has obtained fifty percent or more of the possible marks in each of the following subjects, namely, principles and practise of surveying, field practice, astronomy and geodesy.

   (2) A candidate shall also be required to obtain sixty percent or more of the total marks possible.

11.   Re-examination

   A candidate who fails to obtain the requisite number of marks in any one only of the three subjects referred to in paragraph (1) of regulation 10 may be allowed, at the discretion of the Board and upon payment of the prescribed fee, to be re-examined in such subject only, provided he has obtained sixty percent of the total marks possible for the whole examination. In such circumstances, the candidate will be required to obtain not less than sixty percent in the subject in which he is re-examined.

12.   Candidates eligible for Part II

   Only candidates who have passed Part I of the examination or who have been exempted by the Board from so passing, shall be admitted to Part II of the examination.

13.   Part II of the examination

   (1) Part II of the examination shall consist of the following trial surveys–

   (a)   survey of a farm property which may involve the use of either traverse methods or triangulation, observations for azimuth and latitude, survey of an irregular boundary or the re-establishment of missing beacons;

   (b)   survey of a township area containing buildings.

   (2) The original field notes, computations and plans of such surveys shall be submitted to the examiners.

14.   Percentage of marks for a pass in Part II

   A candidate shall not be deemed to have passed Part II of the examination unless he has obtained sixty percent or more of the total marks obtainable in each of the two tests set out in subparagraphs (a) and (b) of paragraph (1) of regulation 13.

15.   Conduct of examinations

   (1) The Board shall appoint one or more invigilators to be in attendance during Part I of the examination.

   (2) Logarithmic tables, computing machines and other mathematical aids may be taken into the examination, but text books will not be permitted.

   (3) The examiners in Part II of the examination shall, before the examination, submit for the approval of the Board, particulars of all proposed trial surveys.

PART IV
MISCELLANEOUS PROVISIONS (regs 16-18)

16.   Form of licence

   A licence under the Act shall be in the form set out in the First Schedule.

17.   Fees

   The fees set out in the third column of the Second Schedule shall be charged for the several matters set out opposite in the second column.

18.   Charges

   The charges to be paid for surveys undertaken by the Director or a Government Surveyor, or for other services carried out by the Director or the Department of Lands and Surveys specified in the Third Schedule shall be in accordance with the charges set out in that Schedule.

FIRST SCHEDULE
LAND SURVEYOR'S LICENCE

(Regulation 16)

Section 27 of Land Survey Act

No. ..............................

Board of Control of Licensed Surveyors

Constituted under the Land Survey Act

   This is to certify that ............................................................................................... of ....................................................................................................... is licensed as a Land Surveyor under the provisions of the Land Survey Act.

   Dated this ........................ day of ........................ 20........

..................................................................
Chairman of the Board

..................................................................
Secretary

SECOND SCHEDULE
FEES

(Regulation 17)

PRESCRIBED FEES

Item

   Matter

Charge Shs.

1

Application for Licence Reg. 4(1) and (5)

500/-

2

Application for Admission to Part I of the Examination

1,000/-

3

Application for re-examination under provisions of Regulation II

300/-

4

Access to plans and records in the Survey Division

500/-

THIRD SCHEDULE
CHARGES FOR SURVEYS

(Regulation 18)

   1. BASIC CHARGE TO BE LEVIED FOR FARM SURVEYS

   Scale of charges for farm surveys undertaken by Government Surveyors–

The fees shall increase according to Regulation 18 sect. 2

Up

to

1ha

Sh. 80,000/-.

1ha

to

10ha

Sh. 80,000/- plus 1/- per square metre of land in excess of 1ha.

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