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Land Survey Act, 1997 (Act No. 8 of 1997)

45. Power of entry upon land

 

(1) The Chief Surveyor-General, the Chief Director, a Surveyor-General, any person generally or specially deputed in writing by such officer, or a land surveyor may, for the purpose of performing any functions in terms of this Act or any other law—

[Words preceding section 45(1)(a) substituted by section 17(a) of the Land Affairs General Amendment Act, 1998 (Act No. 61 of 1998), Notice No. 1214, GG 19291, dated 28 September 1998]

(a) enter upon any land with such assistants, personnel, vehicles, equipment and instruments as are necessary for or incidental to the performance of those duties;
(b) place or erect any permanent beacon, bench-mark, reference mark or trigonometrical station, or any temporary flag, signal or other working point upon that land;
(c) make use of any natural material upon which no work has been expended and, except within a township, of any water, whether conserved or not, found upon or in that land;
(d) cut any vegetation growing wild in the vicinity of any beacon, mark, trigonometrical station or working point for the purpose of enabling observations to be made thereto or therefrom;
(e) with the permission of the owner or occupier, enter at all reasonable hours any building or enclosed place.

 

(2) The Chief Surveyor-General, the Chief Director, a Surveyor-General, any person authorised by such officer, or a land surveyor shall, before exercising any power referred to in subsection (1), give reasonable notice to the owner or occupier of the land concerned of the intention to exercise the power, except when that power is exercised in carrying out any provision of section 26.

[Section 45(s) substituted by section 17(b) of the Land Affairs General Amendment Act, 1998 (Act No. 61 of 1998), Notice No. 1214, GG 19291, dated 28 September 1998]

 

(3) As little damage and inconvenience as possible shall be caused by the exercise of any of the powers referred to in subsection (1), and the owner or occupier concerned shall be entitled to compensation for any damage caused to or in any building or enclosed place, and for any unreasonable damage caused to any other property belonging to that owner or occupier.

 

(4) Any person who prevents, obstructs or impedes the exercise of any of the powers referred to in subsection (1), or who moves, obscures or destroys any temporary flag, signal or other working point placed on land in connection with any surveying operations before the completion of those operations, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.