Land Survey Act, 1960
- Commenced on 23 December 1960
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Land Survey Act.
2. InterpretationIn 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 six;"the Court" means the High Court;"Customary area" has the meaning assiged to it in section two of the Lands Act.[Cap. 184]"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 licence;"legal practitioner" means a person authorised to practise as a barrister and solicitor under the provisions of the Legal Practitioners Act;[Cap. 30]"licence" means a licence issued under the provisions of section nine;"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;[Cap. 185]"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;[Cap. 185]"Registry" means the Registry of Deeds, and any District Registry of Deeds, established under the provisions of the Lands and Deeds Registry Act;[Cap. 185]"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;[Cap. 184]"subdivisional 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 four;"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 No. 44 of 1965 a trigonometrical control point under the provisions of the Trigonometrical and Topographical Survey Act, 1958;[As amended by Nos. 44 and 69 of 1965; S.I. No. 65 of 1965 and No. 9 of 1973]
3. ApplicationThis Act shall only apply to any survey used for the purpose of effecting 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
5. Powers of Government surveyorsAny Government surveyor may—
6. Establishment of Survey Control Board
7. Duties of BoardThe duties of the Board shall be—
8. Qualifications and application for grant of licences
9. Grant of licences
10. Duties of land surveyor
11. Offences by land surveyorIf a land surveyor, other than a Government surveyor—
12. Complaints against land surveyors
13. Powers of Board on inquiries
14. Unauthorised practice as surveyorAfter the commencement of this Act, no person, except a land surveyor, shall—
Part III – Original surveys and re-surveys
15. Original survey of landIf a land surveyor carries out a survey of any previously unsurveyed parcel or parcels of land, he shall deliver or transmit to the Surveyor-General for examination and filing—
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 – Subdivisional surveys
20. No diagram of portion of unsurveyed land to be approvedNo diagram of any portion of a registered unsurveyed parcel of land shall be approved until a survey has been made of the whole of such parcel of land and a diagram has been registered on the basis of such survey.
21. Approved plans of proposed subdivisionsWhen submitting to the Surveyor-General for approval the records of a subdivisional survey, the land surveyor concerned shall deliver, in addition to any other records—
22. Subdivisional diagrams
23. Rectification of errors ascertained by subdivisionalIf a subdivisional survey discloses, in the opinion of a Government surveyor, that—
24. Diagram of exact fraction of landWhen a surveyed and registered parcel of land is subdivided into one or more precise fractions, a Government surveyor may withhold his approval of a diagram purporting to represent an exact fraction of the total area of such surveyed and registered parcel of land until he is satisfied that such total area has been redetermined by a re-survey of the whole of such parcel of land in conjunction with the survey of the subdivisional fraction or fractions.
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 beaconExcept with the consent of a Government surveyor, it shall not be lawful for any person to place any fence post or fence anchor or any other erection, or to make any excavation, within 1220 mm of any beacon or survey station:Provided that, subject to the provisions of section twenty-nine, the foregoing provisions of this section shall not apply to—
28. Repair of re-erection of beacons
29. Offences and compensation
30. Authority to remove beaconsAny person who, for the purpose of carrying out any work which he may lawfully perform, desires to remove or disturb any beacon or mark erected in connection with the survey of land, may apply to the Surveyor-General for authority to effect such removal or disturbance, and the Surveyor-General may thereupon authorise in writing such removal or disturbance and, at the expense of such applicant, employ any land surveyor personally to effect or supervise the removal or disturbance and subsequent replacement of such beacon or mark or the erection or placing of any other mark to indicate the position of such removed or disturbed beacon or mark, in such manner as the Surveyor-General may direct.[As amended by S.I. No. 65 of 1965]
Part VI – General plans and diagrams
31. Manner of preparing general plans and diagramsEvery general plan or diagram submitted for approval shall be prepared in accordance with the requirements prescribed, and the numerical and other data recorded thereon shall be within the prescribed limits of consistency:Provided that a Government surveyor may approve a diagram prepared before the commencement of this Act in accordance with any law or usage in force at the time of such preparation.
32. No registration of land without approved diagramNo diagram of any parcel of land shall be accepted in the Registry in connection with any registration therein of such land, unless such diagram has been approved:Provided that, in the event of such approval being contingent upon any act being subsequently performed in the Registry, the Surveyor-General may approve such diagram provisionally, and, upon the performance of that act in the Registry, the Surveyor-General shall finally approve such diagram when submitted to him.[As amended by No. 44 of 1965]
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 boundariesA Government surveyor may approve a general plan or a diagram which is not signed by a land surveyor and which has been framed without any re-survey from an approved general plan or general plans or from other approved survey records or from two or more approved diagrams and which has been framed for the purpose of—
35. Endorsement on general planWhenever the Surveyor-General is satisfied that—
36. Registrar and owner to be informed of incorrect diagramIf the Surveyor-General is satisfied that the diagram of any registered parcel of land entirely fails to represent such land, or misrepresents it to such an extent that damage or loss might result to any person who is or may become interested therein, he may give notice of such fact to the Registrar and to the owner of such parcel of land, and thereafter no further registration relating to such parcel of land or of any portion thereof or undivided share therein shall be effected in the Registry until a new diagram thereof has been approved and an amended title thereto has been registered in accordance with such new diagram:Provided that, if the Surveyor-General is unaware of the address of the owner of such parcel of land, a publication of such notice in one issue of the Gazette and once every week during two consecutive weeks in a newspaper circulating in the District within which such parcel of land is situate shall be deemed to be sufficient notice to such owner for the purpose of this section.
37. No approval for plan or diagram of parcel of land not provided with access rightsA Government surveyor may withhold his approval of a general plan or diagram if he considers that any parcel of land represented thereon is not lawfully provided with adequate access rights.
Part VII – Miscellaneous
38. Aerial photography
39. Powers of entry, etc., upon land
40. RegulationsThe Minister may, by statutory instrument, make regulations prescribing—
41. Fees of officeNotwithstanding anything contained in any other written law, the Minister may, by statutory notice, specify the fees to be charged in respect of any act or matter required or permitted to be performed or dealt with in or in connection with the office of the Surveyor-General.
42. Act to bind President
History of this document
31 December 1996 this version
23 December 1960
|Land Survey (Amendment) Regulations, 1990||Statutory Instrument 6 of 1990|
|Land Survey (Amendment) Regulations, 1994||Statutory Instrument 33 of 1994|
|Land Survey (Amendment) Regulations, 1999||Statutory Instrument 8 of 1999|
|Land Survey Regulations, 1991||Statutory Instrument 95 of 1991|
|Non-Cadastral Survey and Mapping (Fees and Charges) Notice, 1991||Statutory Instrument 948 of 1991|
|Non-Cadastral Survey and Mapping (Fees and Charges) Notice, 1994||Statutory Instrument 30 of 1994|