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

10. Regulations

 

(1) The board established by section 9 may make regulations regarding—
(a) the manner in which surveys shall be performed, and the manner and form in which the records of those surveys shall be prepared and lodged with the Surveyor-General;
(b) the degree of accuracy to be obtained and the limit of error to be allowed in surveys and resurveys of land and for surveys of reference and other permanent marks;
(c) the diagrams and general plans required in connection with the registration of any land in a deeds registry, the manner of preparing those diagrams and general plans, the information to be recorded thereon, and the number of the diagrams and general plans to be supplied;
(d) the form and dimensions of beacons and reference marks, the manner of marking them for identification, and the manner of their construction, erection, protection, maintenance and repair;

[Section 108(1)(d) substituted by section 15 of the Land Affairs General Amendment Act, 1998 (Act No. 61 of 1998), Notice No. 1214, GG 19291, dated 28 September 1998]

(e) the procedure to be followed in obtaining agreement regarding beacons and boundaries and in arbitration proceedings under this Act and the powers and duties of arbitrators appointed under this Act;
(f) the manner and circumstances in which cadastral surveys of land shall be based upon or connected to trigonometrical stations and reference marks;
(g) the manner of resurveying any block of land for the purpose of readjusting the boundaries and establishing the beacons thereof, and the manner of recovering the costs of those resurveys;
(h) the steps to be taken by a Surveyor-General to test the accuracy or correctness of surveys of which the results are recorded on diagrams or general plans which have been, or are intended to be, registered in a deeds registry, and in the event of those surveys being inaccurate or incorrect, to cause correct diagrams and general plans to be framed and the relevant title deeds to be amended;
(i) the steps to be taken by a land surveyor, a Surveyor-General and a Registrar in order to rectify an incorrect diagram or general plan;
(j) the testing of measuring instruments to be used in the survey of land;
(k) the unit of measure to be used in surveys or on general plans and diagrams;
(l) the conditions on which copies of plans and other documents may be issued by the Surveyor-General for judicial, informational or other purposes;
(m) the manner in which any notice contemplated in this Act shall be served or published,

and in general, any matter relating to the surveying and mapping of land and the rendering of land information services, and for achieving the objects of this Act.

 

(2) The board may by regulation prescribe the circumstances in which the Chief Surveyor-General or a Surveyor-General may authorise a departure from a regulation made in terms of subsection (1)(a), (b), (c), (f) and (h) when compliance with any such regulation is found to be impossible or impracticable.

 

(3) The board may amend or rescind any regulation made by it.

 

(4)

(a) If the need occurs to make, amend or rescind a regulation and it is not expedient to call a meeting of the board, the Chief Surveyor-General may, with the concurrence of not less than 80% of the members of the board, make, amend or rescind the regulation.
(b) A regulation contemplated in paragraph (a)—
(i) shall be submitted to the board at its next meeting for ratification, and if ratified shall be deemed to be a regulation of the board; and
(ii) ceases to exist if not so ratified, but everything purported to have been done in terms of that regulation shall be deemed to have been done as if the regulation had been ratified.

 

(5) No regulation or any amendment or rescission thereof shall come into operation until one month after it has been published in the Gazette.