CHAPTER 188
LAND SURVEY ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Application

PART II
ADMINISTRATION

   4.   Appointment of Surveyor-General

   5.   Powers of Government surveyors

   6.   Establishment of Survey Control Board

   7.   Duties of the Board

   8.   Qualifications and application for grant of licenses

   9.   Grant of licenses

   10.   Duties of land surveyor

   11.   Offences by land surveyor

   12.   Complaints against land surveyors

   13.   Powers of the Board on inquiries

   14.   Unauthorised practice as surveyor

PART III
ORIGINAL SURVEYS AND RE-SURVEYS

   15.   Original survey of land

   16.   Agreement as to beacons and boundaries

   17.   Rectification of title deeds after determination of boundary dispute

   18.   Replacing incorrect diagram by new diagram after re-survey

   19.   Re-survey of blocks of land

PART IV
SUB-DIVISIONAL SURVEYS

   20.   No diagram of portion of unsurveyed land to be approved

   21.   Approved plans of proposed sub-divisions

   22.   Sub-divisional diagrams

   23.   Rectification of errors ascertained by sub-divisional survey

   24.   Diagram of exact fraction of land

PART V
BEACONS AND BOUNDARIES

   25.   Beacons and boundaries lawfully established

   26.   Manner and cost of erecting beacons for survey purposes

   27.   No poles, etc, to be placed near beacon

   28.   Repair or re-erection of beacons

   29.   Offences and compensation

   30.   Authority to remove beacons

PART VI
GENERAL PLANS AND DIAGRAMS

   31.   Manner of preparing general plans and diagrams

   32.   No registration of land without approved diagram

   33.   Consistency between general plans or diagrams and survey records and signing and approval thereof

   34.   Approval of general plan or diagram for consolidation purposes or rearrangement of boundaries

   35.   Endorsement on general plan

   36.   Registrar and owner to be informed of incorrect diagram

   37.   No approval for plan or diagram of parcel of land not provided with access rights

PART VII
MISCELLANEOUS

   38.   Aerial photography

   39.   Powers of entry, etc, upon land

   40.   Regulations

   41.   Fees of office

   42.   Act to bind President

      SCHEDULE

AN ACT

to make further and more comprehensive provisions for the registration and licensing of land surveyors; to provide for the manner in which land surveys shall be carried out and diagrams and plans connected therewith shall be prepared; to provide for the protection of survey beacons and other survey marks; to provide for the establishment and powers of a Survey Control Board which will be responsible for the registration and licensing of land surveyors and for the exercise of disciplinary control over such surveyors; and to provide for matters incidental to and connected with the foregoing.

[23rd December, 1960]

Act 59 of 1960,

Act 57 of 1964,

Act 44 of 1965,

Act 69 of 1965,

Act 9 of 1973,

Act 34 of 1974,

Act 13 of 1994,

GN 274 of 1964,

SI 65 of 1965.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Land Survey Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“approve”, in relation to any plan or diagram, means the signing of such plan or diagram by a Government surveyor in order to signify that the requirements of this Act and of any regulations made thereunder have been complied with in regard to such plan or diagram;

“beacon” means the mark or structure made or erected at, or indicatory of, the corner point of a parcel of land, or at an intermediate line point on a rectilinear boundary of a parcel of land, by a land surveyor or by his agents, servants or workmen acting under his direction, and includes a bench mark, reference mark and trigonometrical station;

“Board” means the Survey Control Board established under the provisions of section 6;

“the court” means the High Court;

“customary area” has the meaning assigned to it in section 2 of the Lands Act.

“diagram” means a document containing geometrical, numerical and verbal representations of one or more parcels of land, the boundaries of which have been surveyed by a land surveyor, and which document has been signed by such surveyor or which has been certified by a Government surveyor as having been compiled from approved records of a survey or surveys carried out by one or more land surveyors, and includes any such document which, at any time prior to the commencement of this Act, has been accepted as a diagram in the Registry or in the office of the Surveyor-General or his predecessors;

“general plan” means a plan depicting, in such manner and to such standards of accuracy as may be prescribed, the relative position, beacons, boundaries and dimensions of one or more parcels of land as surveyed by a land surveyor, and which has been signed by such surveyor or which has been certified by a Government surveyor as having been compiled from the approved records of a survey or surveys carried out by one or more land surveyors, and includes any general plan which, at any time prior to the commencement of this Act, has been accepted as a general plan by the Surveyor-General or any of his predecessors;

“Government Surveyor” means the Surveyor-General and any public officer employed in the office of the Surveyor-General and so appointed by the Surveyor-General;

“land surveyor” means a person holding a license;

“legal practitioner” means a person authorised to practise as a barrister and solicitor under the provisions of the Legal Practitioners Act;

“license” means a license issued under the provisions of section 9;

“local authority” means—

      (a)   a City Council;

      (b)   a Municipal Council;

      (c)   a Township Council; and

      (d)   a District Council;

“owner” means—

      (a)   the person registered as the proprietor of any land except where that person has leased or sub-leased the land to another person for a period not shorter than ninety-nine years less three days;

      (b)   the person in whom the fee simple of any land is vested under a registered deed;

      (c)   the lessee of State Land expressed to be for a period of fourteen years or more;

      (d)   the lessee of land held under any other lease expressed to be for a period not shorter than ninety-nine years less three days; and

      (e)   the allottee of land held under a provisional title and in process of alienation by the President;

and includes the liquidator of any company which is an owner as aforesaid, and the representative recognised by law of any owner as aforesaid who has died, become insolvent, assigned his estate for the benefit of his creditors, or is under any legal disability;

“parcel of land” means any piece or unit of land, enclosed within determinable boundaries, which has been or is to be registered;

“prescribed” means prescribed by regulation made under the provisions of this Act;

“public place” includes any street, road, thoroughfare, sanitary lane, park, square or other open space shown on a general plan of a township filed in the Registry or in the office of the Surveyor-General and all other land in a township the control whereof is vested, to the entire exclusion of the owner thereof, in the President or a local authority or to which the owners of other land in such township have a common right;

“Registrar” means the Registrar assigned to the Registry of Deeds in Lusaka under the provisions of the Lands and Deeds Registry Act;

“registration”, in relation to any land, means the registration of any right in or to such land, or of any document or plan relating to such land, in accordance with the Lands and Deeds Registry Act; and “register” and “registered” shall be construed accordingly;

“registry” means the Registry of Deeds, and any District Registry of Deeds, established under the provisions of the Lands and Deeds Registry Act;

“stand” means a parcel of land as originally surveyed within a township, but does not include a public thoroughfare;

“State Land” means any land included within “State Lands” as defined in the Lands Act;

“sub-divisional survey” means a survey of a portion or portions of a registered parcel of land;

“the Surveyor-General” means the Surveyor-General appointed under the provisions of section 4;

“township” means the area of—

      (a)   a municipality;

      (b)   a township;

“trigonometrical station” means a permanent mark in the form of a beacon, bolt or mark cut into rock, stone, concrete, brick or wood, the position of which permanent mark has been determined by or on behalf of the Surveyor-General, and includes any such permanent mark as was on the 1commencement of Act 44 of 1965 a trigonometrical control point under the provisions of the Trigonometrical and Topographical Survey Act, 1958;

[S 2 am by Act 44 of 1965, 69 of 1965; SI 65 of 1965; Act 9 of 1973.]

3.   Application

This Act shall only apply to any survey used for the purpose of affecting the registration of any parcel of land, or for re-determining the position of a curvilinear boundary or of any beacon defining the boundary of any registered parcel of land.

PART II
ADMINISTRATION

4.   Appointment of Surveyor-General

   (1) There shall be a Surveyor-General who shall be a public officer and land surveyor.

   (2) Subject to the general or special directions of the Minister, the Surveyor-General shall—

      (a)   supervise and control the survey and charting of land for the purposes of registration;

      (b)   take charge of and preserve all records appertaining to the survey of parcels of land which have been approved;

      (c)   direct and supervise the conduct of such trigonometrical, topographical and level surveys, and such geodetic and geophysical operations, as the Minister may direct;

      (d)   take charge of and preserve the records of all surveys and operations carried out under paragraph (c);

      (e)   supervise the preparation of such maps as the Minister may direct from the data derived from any surveys, and the amendment of such maps; and

      (f)   generally administer the provisions of this Act.

   (3) All records and documents in the custody of the Surveyor-General shall become the property of the Government, but approved plans and diagrams shall be available, for the purposes of reference, to the public in the office of the Surveyor-General.

[S 4 am by SI 65 of 1965; Act 9 of 1973.]

5.   Powers of Government surveyors

Any Government surveyor may—

      (a)   examine and check survey records which have been lodged with the Surveyor-General for approval, and reject the whole or any part of any such records when his examination reveals inconsistencies in data outside such limits as may be prescribed or doubt as to the standards of accuracy, or the soundness of methods, employed in the survey concerned;

      (b)   examine all plans and diagrams of surveys of parcels of land before any registration of such parcels is effected, and approve such plans and diagrams if he is satisfied that such surveys have been carried out in such a manner as should ensure accurate results, and that such plans and diagrams have been prepared, and the boundaries of the land surveyed have been defined, in the prescribed manner:

Provided that no such approval shall be given in contravention of any other written law;

      (c)   on the diagram of any parcel of land attached to a registered document—

      (i)   define the geometrical figure representing any surveyed portion of such parcel, the transfer of ownership of which has been lodged with the Registrar for registration;

      (ii)   define the geometrical figure representing any surveyed portion of such parcel of land which has been declared a private township in accordance with the provisions of the Town Planning Act, Chapter 123 of the 1959 Edition of the Laws;

and inscribe a certificate at some suitable place on the face or on the reverse of such diagram reciting the numerical extents of the portion which is to be so transferred and of the remaining portion of the original parcel of land;

      (d)   cancel or appropriately amend any general plan or diagram found to be incorrect;

      (e)   prepare, certify and issue, at the request of any person and on payment of the prescribed fees, copies of approved diagrams filed in the office of the Surveyor-General which are available to the public, and copies of diagrams attached to registered documents;

      (f)   endorse, amend and, if necessary, correct any registered diagram or plan, and sign such endorsement, amendment or correction.

6.   Establishment of Survey Control Board

   (1) There is hereby established a Survey Control Board which shall consist of—

      (a)   the Surveyor-General;

      (b)   one member appointed by the Minister from amongst public officers who are land surveyors and nominated by the Surveyor-General;

      (c)   not more than two members appointed by the Minister from a panel of names of land surveyors submitted by the representative body of land surveyors in Zambia; and

      (d)   one member appointed by the Minister from amongst legal practitioners of not less than five years' standing.

   (2) The Surveyor-General shall be the Chairman of the Board and in case of his absence from any meeting of the Board, the member appointed under paragraph (b) of sub-section (1) shall preside over such meeting.

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