Survey of Lands Act, 1972 (Act No. 44 of 1972)

AcT No, 44 oF 1972 THE SURVEY OF LANDS ACT, 1972 Act No. 44 of 1972 I assent. 27th December, 1972. 193 A. R. M. OSMAN, Actin~ Govenior-Gmernl. ARRANGEMENT OF SRCTIONS s,ction 1. Short title. 2. Interpretation. 3. Entry on land. 4. Compensation. 5. Protection of surveyors and other persons entering on land. 6. Regulations. An Act to authorise the survey of lands which may be required for public purposes [30th December, 1972]. ENACTED by the Parliament of i\lauritius, as follows 1. This Act may be cited as the Survey of Lands Act, 1972. Sh,,rt title. 2. In this Act- . . . Interprcta " Minister" means the Minister to whom respons1bil1ty for the tion. subject of Lands is assigned ; "surveyor" means ( a) the Chief Surveyor ; or (b) any Goverment surveyor deputed by the Chief Sur veyor; or ( c) a Sworn Land Surveyor designated by the Minister. 3.-(1) Notwithstanding anything contained in any other law Entry on in force but subject to subsection (2), where the Minister is land. :.atisfied that any land may be required for a public purpose, he may, by order specifying the public purpose, authorise a surveyor to survey the land for the purpose of determining the suitability or otherwise of the land for the public purpose specified in the order. 194 Co1npen sation. MAuRtttus The S14rvey of Lands Act, 1972 (Z) A surveyor who is authorised to surn!y any land pursuant to subsection (1) may, on giving adeqll.lte notice to the owner or occupier thereof, enter upon the land between the hours of 7 a.m. and 6 p. m. for the purpose of the survey. (3) A surveyor entering upon any land pursuant to subsection (2) may be accompanied by any person he reasonably requires for the purpose of the survey. (4) Where it is not practicablt: after reasonable inquiry to ascertain the name and address of the person on whom a notice under subsection (2) is to be served, the notice may be posted up in a conspicuous place on or near the land. 4. The owner or occupier of any land entered upon pursuant to section 3 shall not be entitled to any c;ompensation except in respect of damage to improvements existing on the land at the time of the entry thereupon. Protection of S.-(1) No liability, civil or criminal, c;hall attach to a surveyor or :.urvcyors any person accompanying him in respect of any act which the :::.~~,~er surveyor or that person may have done or omitted to do in good enterine on faith for the purpose of a survey under section 3(1). land. (2) The provisions of subsection (1) shall be in addition to and not in derogation from the provisions of the Public Officers Protection Ordinance, 19 5 7, and for the purposes of that Ordinance every &urveyor who enters upon an} land pursuant to section 3(2), or any person accompanying him, shall be deemed to be a public officer or a person engaged or employed in the performance of a public duty. Re1ulations. 6. The Minister may make such regulativns as he deems necessary for carrying this Act into effect.