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

42. Town survey marks

 

(1) If the Chief Director is satisfied that town survey marks should be officially erected in any area or part of an area under the jurisdiction of a local authority, to enable the positions of the corner points of all pieces of land therein to be accurately determined, he or she may order the erection and survey of such town survey marks as provided in this section.

[Section 42(1) 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]

 

(2) The erection and survey of the town survey marks shall for all purposes be deemed to be part of and in continuation of the national control survey system referred to in section 3A: Provided that a local authority may at its own cost erect the town survey marks in positions approved by the Chief Director.

[Section 42(2) substituted by section 16 of the Land Affairs General Amendment Act, 1998 (Act No. 61 of 1998), Notice No. 1214, GG 19291, dated 28 September 1998]

 

(3) When the town survey marks have been erected and surveyed the Chief Director shall give notice of this fact to the Surveyor-General and the local authority concerned, and shall furnish each of them with the official co-ordinates and a plan showing the positions of those town survey marks, and shall cause a notice to be published in one issue of the Gazette stating that town survey marks have been officially erected in terms of this section and that as from a specified date, which shall not be earlier than a date one month after the date of the publication of the notice, a land surveyor, in surveying or subdividing land or in replacing a beacon in the vicinity, shall base the survey on town survey marks as prescribed.

[Section 42(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]

(4)

(a) A local authority shall within its area of jurisdiction be responsible for the maintenance to the satisfaction of the Chief Director, of any town survey marks erected in terms of this section, and should the local authority fail to maintain any town survey mark the Chief Director may undertake any necessary work at the  expense of that local authority.

[Section 42(4)(a) 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]

(b) A local authority established after the commencement of this Act shall by the mere fact be responsible for the maintenance of the town survey marks which were erected within its area of jurisdiction before its establishment.