Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Land Survey Act, 1997 (Act No. 8 of 1997)44. Offences and compensation for damages sustained thereby |
| (1) | Any person who— |
| (a) | alters, moves, disturbs or wilfully damages or destroys any beacon, bench-mark, reference mark or trigonometrical station intended to be permanent and erected for the purpose of or in connection with any survey operations, whether such beacon, mark or trigonometrical station is upon his or her land or not; |
| (b) | erects any beacon except under the supervision of a land surveyor, whether his or her 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 on conviction to a fine or to imprisonment for a period not exceeding six months, or to both the fine and imprisonment.
| (2) | The removal or disturbance of any beacon, mark or trigonometrical station referred to in subsection (1) for the purpose of erecting another beacon, mark or trigonometrical station in its place shall not constitute a lawful excuse under this section unless a land surveyor personally supervises that removal or disturbance and the erection of that other beacon, mark or trigonometrical station. |
| (3) | For the purpose of awarding compensation in respect of any damage caused by an offence, any beacon in connection with which the offence was committed shall be deemed to be the property of the person upon whose land or upon a boundary of whose land that beacon was situate, and any bench-mark, reference mark or trigonometrical station in connection with which the offence was committed shall be deemed to be the property of the Chief Director. |
[Section 44(3) substituted by section 19 of the Land Affairs General Amendment Act, 1998 (Act No. 61 of 1998), Notice No. 1214, GG 19291, dated 28 September 1998]
