Land Survey Regulations 1961

LAND : ACT 46/1961 (2) LAND SURVEY REGULATIONS (under section 32 of the Act) Date of commencement; 7th AUQust, 1970) Arrangement of Regulations PART I - PRELUJITNARY 1. Short title. 2. Interpretation. PAH'T' TT POw~R OF S.UR~YOR GENERAL TO TEST SURVEYS 3. Surveyor-General may test surveys. PART III - FIELD WORK 4. Survey information. 5. Surveyor to furnish sketch plan, etc.. o. IJI~'I umems. 7. Field measurements and observations. 8. Measurement of base lines and other distances. 9. Connexion to trtconomemcet stations, reference marks. 10. Limits of allowable error in field work. 11. Limit" of allowable difference from o,igillal ~I.n""'y. 12. Official co-ordinate values. 13. Adoption of data. 14. Curvilinear boundaries, 15. Alignment of existing beacons. PART IV - BEACONS, TRIGONOMETRICAL STATIONS, REFERENCE MARKS 16. Specifications for beacons. 17. When beacons are not required. 18. Indicatory beacons. 19. Marking of survey stations. 20. Damage to and removal of trigonometrical stations, re­ ference marks and bench marks. 21. Rt'fl;;nmct:! marks. PART V - DIAGRAMS zz. 23. 24.,.., :;6. :n. Nature, rorm and size. Number of copies required. Figure. Scale and plot. Land held under different tenures or conditions of title. Connecting figure. 1 STATUTES OF SWAZILAND 20. Description of beacons. 29. Official designations of beacons. 30. Numerical data. 31. Cc-ordtnates: system. constant. when not required. 32. Connecting data. :'.3 rnm:d",t.PTIcy of data. 34. Certificate. 35. Thoroughfares. 36. True north. 37. Ambiguous curvilinear boundar). 38, Verbal definition. 39. Locality. 40. References. 41. Servitudes. 42. Composite diagrams. 43. Diagrams for consolidated title. '1.'1. cernncare tor conscuoatec nne. 'IS. Certificate of township or registered title. t6. Deductions, alterations, endorsements. 47. Certified copies of diagrams. PART VI- GENERAL PLANS ~8, When required. 1:J. Numbcr of copie:; re4u.i~eU. 50. Nature, form and size. 51. Data and details to be recorded. 52. Numbering of lots. 53. Certificate. PART VII - SURVEY RECORDS 54. Survey records, composition and lodgment. 55. Field notes. 56. Computation. 57. Working plan. PART Vlll - MISCELLANEOUS 58. Letters and numbers. limitation on use. 59. Surveys on behalf of the Government. 60. Surveyor-Gener-al not liable for cost of any document officially required. 61. Replacement of beacons. 62, When a beacon has a bearing on a piece of land. 63. Tariff for surveys. 64. Taxation of accounts. 65. Fees of office. 66. Arbitration proceedings. Fir~t Sf'h"'nlll", Second Schedule. 2 LAND: ACT 46/1961 (2) rr- 1-2 PART I - OPERATION AND DEFINITIONS Short Litle, 1 These regubtionz may 1;>e .;-ilCd ua the Ll1nd Sur-vey Regulations, 1970. lilt erorercncu. 2. In these regulations, unless the context otherwise requires "accurately determined" means determined 11 ~t,uHld.'U vf d<.:l;Ul<l<':Y cuuroruung LO prescribed in regulation IOO); with tllaL "AcC' means the Land Survey Act. No. 46 of 1961; "arc" of observations means the mean of two rounds of observations to surrounding stations and beacons. one being taken in a clockwise direction and the other, with the telescope lr;,nsitted. in an anti clnckwi"e direction: "figure of regular shape" means a rectangular figure, a parallelogram, a right-angled triangle, a right-angled trapezium, or any of these figures or Which one or more at Its comers has been cut off by an isosceles triangle; "immediate parent diagram" means the registered r:.d~rilm of 11 prr.pprty whif'h i>; beirig ~1Jb­ divided or avec which the servitude or lease is to be rests.ercd: "rlzht or len bank of a river" means that bank of ~ t]-Je rivel- which i:> Ull ]lj~ li);iJl ur ll:!ft side, as the case may be. when the observer is lookinc dcwnsn-eam: and the "middle of the river" means the line midway between the banks; "rural land" means all township. village or land not situated settlement; in a "side". when used in relation to a figure on a diagr-am or general plan, means a straight buunctarv line represented thereon. or the im­ aeinary line joining any two beacons between which the boundary is curvilinear, and in­ cludes i he line joining an unbeaconed corner point with the indicatory beacon defining such point. 3 STAT~TES OF SWAZILAND IT 3·7 PART II POWER OF SURVEYOR-GENERAL TO TEST SURVEYS Surveyor-General may lesl surveys. 3. If the Surveyor-General has reason to doubt the accuracy. COrrectness or authenticity of any survey. or of any information supplied in connection with such survey, he may, after having given notice of his intention to the land surveyor concerned, test such accuracy, correctness or authenticity and urerearrer take such further action as he may deem fit. PART III FIELD WORK Survey Information. 4. (1) Before carrying out any survey in terms of the Act, a land surveyor shall provide himself with all available information in respect of any previous surveys of the niece or land to be surveyed, of the adjoining pieces of and, of official co-ordinate values and designations of beacons affected by his survey. (2) If the Surveyor-General is able to furnish this in­ fnrrnatirm he- shall do so free of charge. Surveyor to furnish sketch plan, etc. 5. In applying for information required in terms of the preceding regulation, a land surveyor shall furnish a sketch pi a n, ('It' a verbal description of the lurid, indicating the dlJiH'U­ ximate location of the portion to be surveyed in relation to surrounding pieces of land. Instruments. 6. (l) Every land surveyor shall ensur e tlra this msrru­ merits and equipment are in proper adjustment. (2) A measuring band shall be tested against a stand­ ard base approved by the Surveyor-General who shall assign an official number thereto. (3) Such band may at any time be submitted to the Surveyor-General to be tested free of charge. (4) When called upon by the Surveyor-General a land surveyor shall make his instruments and equipment available for tesuna, (5) The Surveyor-General may condemn any instru­ ment or equipment which he considers unfit for survey work. (6) It shall not be lawful to use any instrument or equipment so condemned in any survey done under the Act. Field meaSurements and observations. 7. (1) A land surveyor shall determine the position of all stations, beacons, landmarks and boundaries within the limits of accuracy 1-1' escribed in regulation 10 and snau ade­ quately check every part of his survey. 4: (h) (,) LAND: ACT 46/1961 (2) rr. 7-8 (~) Unless a point IS otherwise adequately checked (0) when its position is determined by intersection or tri­ lateration, the angle at the vertex of any triangle used in such determination shall not be less than 30 del,'rees nor greater than 150 degrees. its position shall not be determined by resection from less than four points favourably situated, and the obser­ vations used in such determination shall consist of not less than two arcs, unless three of such points are within 3000 m of the point being determined, in which case Only one arc need be observed. its position shall not be determined by a single manaie only, unle33 ob3ervation3 arc made a.t a.1l tlllC<: P"i~H~ and on at least two different parts of the circle. (3) Observations at any station or beacon shall consist of at least one arc when observing over distances exceeding 800 m, or oyer any "i~'"n,.p nr ,.,.,nrp ,h"n 1M,.." ",h...n th.... Iope e"'"eed.~ ten d."gne$. Meosurenumts of base lilies and other distances. 8. (I) If in any survey it is necessary to measure a base, the length of such base shall not be less than ten per cent of the perimeter of the land under survey where such perimeter does not exceed 13 000 rn. (2) When the perimeter exceeds 13 000 m the length of base shall be at least 1 300 m. (3) In this regulation the perimeter of the land shall include the connections required by regulation 32. (4) A base shall be measured (a) once in each utrecuon ; or (b) in two sections of more or less equal length, nOI neces­ sarily in one straight line, which shall be compared through subsidiary triangles; or (c) in one eontinuou3 length, in which ell.3c ;t 31ulll <:itl,<:] be compared with a check base or checked in some other adequate manner. (5) The difference between any two measurements or between a measurement and a derived distance shall not exceed 1{7 500. (6) The requirements of this regulation may, in exceptional circum­ stances be relaxed with the approval of the Surveyor-General. (7) Measured distances shall be corrected for all factors to enable the correct plane distance 10 be obtained. (8) Measurements made in the course of a survey based on trigone­ metrical stations shall, in addition, be reduced 10 sea level and corrected for the scale enlargement factor. 5 STATUTES OF SWAZ1LA:-lD Connection to trieonometrical stations. reference ntarl:s rr. 9-10 9. (I) Any survey of land situated in a township, village or settlement shall be connected to, or based upon reference marks: Provided that such connection or basing shall not be necessary e-­ (a) when the land is situated more than 300 m from I he nearest reference mark; or (b) in the case of reference marks whose positions ha ve heen rpcnrrl"rl nn " general plan, when the land surveyo r is able from other sources to apply satisfactory checks to the correctness of positions of beacons ot' the land being surveyed; (2) Any survey of rural land shall be based on triuonometrica! stations if surrounded by such stations and situated within 3 000 m of any such stations: Provided that such basing shall not be necessary when it is dependent upon a traverse from any such station and the distance between such land and such station exceeds 800 m. (3) When the survey of rural land is not based on rrigonometricul stations, the positions of all trigonornetricai stations (as referred to in regulation 30( l)(a)(iiil falling within the land under survey or within 100 III uf any currier point shall be accurately determined. (4) Any survey station, whose position on the tr igonornetrical system has been determined with a degree of accuracy conforming with that prescribed in regulation 10 for Class A surveys, and which has been placed in 3. position nnd pcrma ncnrly rr arked in a muuucr <1LL\:IJlablt: to the Surveyor-General. shall rank as a trigonornerrical station or a reference mark, as the case may be, for the purpose of this regulation. (5) The Surveyor-General shall maintain a record of all such survey ~ r:ll inn~ "nrl <h" 11 is"",. t hei r co-ordi" a Ie va lues. (6) The Surveyor-General may, in exceptional circumstances and subject to such conditions as he may deem necessary, e-xempt any survey from the operation of this regulation, Limits of allowable error in ,'irld work. 10. (I) The error in a survey. other than that referred to in pam­ graph (4), shall not exceed the limits expressed by the ful1uwilJ~ fUllllulac. where ((I) Class A refers to (i) the fixIII g of reference marksin nrevi(J us I;: surveyed towns hips, villages or settlements; and (ii) such other determinations as may be prescribed in these regulations. 6 LAND: ACT 46/1961 (2) rr. 10 (6) Class 8 refers to the (i) determination of reference marks In new townships, villages or settlements; (ii) survey of new townships, villages and settle­ ments; (iii) re-survey or subdivision of a lot in an existing town~hip, village or cettlement ; (iv) survey for the replacement of a beacon in a township, village or settlement; and (v) survey for the preparation of a diagram required under any Jaw relatmg to the regisrrauon ot mining titles in respect of precious stones and minerals. (c) Class C refers to all surveys not included in Class A or Class B. (2) When the position of the point is determined by triangulation the displacement between the observed and the calculated position of any ray used in the determination of the point shall not exceed for Class A I x D metres for Class B 1.5 x D metres for Class C 3 x D metres Where D = 0.4848 x S + U.U8U8ll 100,000 1000 I, 35 -i- 1000 and S is the distance in metres between the known and the unknown point. (Amended l N, 41(1971; I N 'iR/197L) (3) When the position of the point is determined by traverse. the closure of the traverse shall not exceed where E equals 0.015 metre + for Class A for Class B for Class C E metres 2 z metres 4 E metres r 8000 and where f is the total traverse expressed in metres: Provided that when the traverse closes on the starling point. the closure for Class C shall not exceed chat prescribed for Class B. (Amended L.N. 43/1971.) (4) The error in a traverse made for the purpose of determining the position of a curvilinear boundary shall not exceed 0.10 x square root of (O,25f + 0.00015[» 7 STATUTES Of SWAZILAND rr. 10-11 where f is the sum of the traverse distances in metres between known points fixed to the same standard of accuracy as the main survey: Provided that such traverse distances shall be measured with a ~lccl to-pe. (S) The position of a curvilinear boundary shall be determined with an accuracy commensurate with tacbeometric measurements. Lilllir of allowable diDi'rellce from original surrey, 11. (I) For the purpose of section I) of the Act the limit of disagree­ ment from the original diagram is: 0.1 x square root of d where d represents the distance in metres derived from data on the original diagram between any two beacons affected by the subdivisions, (2) Any portion of a boundary line shall be deemed to be within the limit when the whole of such boundary line is within such limit. Ujftclal CI)-l)rdIlWH' vatues. 11. (1) The Surveyor-General may assign an official co-ordinate value. based on the trigonomerrica! survey system, to any beacon which has been correctly identified. if the determination of the co-ordinate value of such beacon conforms with the standard of accuracy prescribed in regulation 10 for Class A surveys. (2) The Surveyor-General shall assign disuncnve official designation to every beacon to which an official co-ordinate value hav h.... n n~<;[lno:rj and shull maintain a record of all such official designations and values. (3) An official co-ordinate value shall be used on all new diagrams, except as otherwise provided in regulation 43, and the position of the be"",on, to whwh ",n, oftWial.;o-ord.;n,at. valu" hQ.~ boon, 1l~3i~ncd, 3h(1l1 nQI be redetermined except for the purpose of verification, (4) An official co-ordinate value shall not be altered save with the consent of the Surveyor-General, and then cnlyt-c (0) if the effect of a subsequent extension of the trigone­ metrical stations in the relevant area has, in his opinion, rendered an adjustment necessary or desirable; (6) wlwn Ill" [",wfut VV~iLivll vC urc ...1Tt:i,;l\:1.J beacon has [0 be subsequently reviewed; (c) when an undetected error in survey had adversely affected the previous determination; or 8 LAND: ACT 46/1961 (2) rr. 12-14 (d) when ill any subsequent survey it is deemed necessary to use a co-ordinate value determined with a greater degree of accuracy. Adoption of data. 13. (I) If the position of a terminal beacon has previously been properly identified and determined on the trigonometrical system, the co ordinates of such beacon may be adopted [QJ the ].JUJ IJUM; uf aligning thereto: Provided that a beacon shall not be placed so close to such terminal beacon that its alignment could be appreciably affected by such survey errors as could normally be expected in the determmation of the position of the terminal beacon. (2) The data defining an unbeaconed point in relation to an indica­ tory beacon and obtained in the process of correcting the alignment of a beacon as prescribed in regulation 15, may be adopted without verifi­ cation for the purpose of any new diagram. Curvilinear boundaries. 14. (I) If the centre line of a railway forms or defines an existing boundary, the intersections of such line with the rectilinear boundaries, and when necessary, the ends of the straights. shall be accurately deter­ mined. but the position of a railway curve ddininC:ln ~~isling boundary may be determined by any survey methods: Provided that such determination conforms with the standard of accuracy prescribed in regulation J0(4) and (5). Provided further that. unless the elements of the curve are accurately determined, or the curve is determined, by photogrammetric methods, points surveyed on such curve shall be not more than 30 m apart. <2.) NOlwjth~tdmljJl~ the provisions of paragraph (J), it shalt not be necessary 10 re-determine the radius and the centre of a circular curve which forms or defines an existing boundary. when such curve has pre­ viously been accurately determined. tJ) Wire Iences, railway lines, roads, streams which are liable to change course or any regular curves. or natural or artificial features which are not permanently or clearly defined shall not be adopted as new bound­ aries. (4) If a land surveyor is prevented from obtaining access to the middle of a river forming a boundary, he may determine its position by su rveyi ng the posit ion of one of Ihe ban ks and Ihe widths at critical poin ts. 9 STATUTES OF SWAZILAND rr. 1~·15 . (5) The survey records relating to :l ""f\ley in terms of secrion ] of the Act shall Include a plan showing complete details of the new boundary together with the relevant numerical data for inclusion in a new diagram that may be required to be framed of any properly affected. (6) Photograrnrnetric methods acce prable to the Survevor-G ene ",I , may be used for determining the position of any curvilinear boundary. Alignment of existing beacons. 15. (J) In surveying a piece of land, any existing beacon which is supposed 10 be on a straight line boundary common to such piece of land and other properties, a land surveyor shall, subject to paragraph (9), proceed as follows: (a) when the terminals of the common boundary line are established beacons, or are well ascertained beacons recognised by all parties. the beacon, if not on the straight line joining the terminals, shall, subject to paragraph (8) be replaced on line unless it is an established beacon, in which case It shall be adopted as a beacon of the lann unn..r survey; (b) when the terminals of the common boundary line are not established beacons, and the position of one or both IS doubtful, the beacon, if not on line, may be adopted if it is a well ascertained beacon recogmzed by all parties and in respect of which an agreement substantially in accordance with the agreement Set out in the Schedule of the Act, signed by all parties concerned, is lodged with the Surveyor-General. (2) When any beacon of a piece of land adjoining that under survey, which is supposed to be on the common boundary referred 10 in para­ graph (I) is found not to be on line, it need not be dealt with; Provided that (a) if it is an estabhshed beacon it shall be adopted as a beacon of the Iand under survey; (b) if it is a well ascertained beacon recognised by all parties and in respect of which an agreement substantially in accordance with (he agreement set out in the Schedule of the Act signed by all parties concerned, is lodged with the Surveyor-General, it may be adopted as a beacon of the land under survey. (3) In cases not prov idcd for in paragraphs (I) dull (2), a land surveyor shall investigate the matter thoroughly and collect all available information and evidence to enable him to place the beacons in the most likely position. (4) An Ilr:r.... m ..nt Il~ mentioned in para gs-ap h (I) to 0.11 such bcacons , shall if deemed necessary, be lodged by the Surveyor-General. (5) Cognisance shall be taken of the beacons and boundary of a township, village or settlement along the straight line boundary. 10 LAI'O: ACT 46/!%1 (2) rr. 15-16 (6) A full report detailing all the evidence on which the land surveyor based his action shall be submitted with the relative survey records. (7) In correcting the alignment of a beacon as provided for in this r e- I':" I", inn, ~" ..h h"",.on ~ha 1l, as a rule be pi aced at the intersection of the boundary line of which it forms a terminal, with the straight line on which it is supposed to be. (8) For the purpose of this regulation a beacon shall be deemed not to he on the true and correct boundarv when its displacement exceeds d 0.05 +---- metres with a maximum of I metre 4000 Provided that a beacon need not be moved in order to correct its alignment when its displacement falls within the limit of d 0.05 +---- metres with a maximum of I metre 2000 where d is the dtsrance from such beacon 10 the nearest terminal, or point justifiably adopted as terminal in terms of this regulation: Provided further that, in cases where it is necessary to correct alignment, if the beacon is not replaced On line (a) it shall be used as an indicatory beacon for the unbeaconed poi n t adopted as a comer of the la nd under survey; and (b) such data as may be necessary to define the position of such point in relation to such indicatory beacons, shall be recorded on any new diagram affected. (Amended L.N. 43/1971). (9) If a surveyor is able to identify a beacon previously placed on line, and in respect of which the survey records have been approved and the Surveyor-General is satisfied that the alignment was correctly effected. such beacon need not be re-tested for alignment. PART IV BEACONS ~ TRIGONOMETRICAL STATIONS, REFERENCE MARKS Specifications for beacons. I6. (I) Except as provided in regula I ion 17, the corner point of every piece of land, shall be marked by beacons in accordance with the following minimum specifications (a) For land situate in a townshin, villaae or settlement - a 12 millimetre iron peg or galvanised iron pipe, 450 rnillirnetres long, driven in vertically and flush with the surface of the ground; (Amended L.N. 58/1971) 11 ST,\TUTES Of SWAZILAND rr. 16 (b) for rural land, an iron standard weighing npP"o>limillcly three kilograrnrnes per metre, a 20 mm iron peg or galvanised iron pipe, 900 mm long, driven in vertically and projecting not more than 150 mm above the surface of the ground; over the standard, peg or pipe shall be erected a l,:ai ru uf stories, or' a heap 0 r SOGS, 600 m m hi gh with a base of 600 mm: Provided that if (i) the corner point falls in soft or sandy grounds the length of the standard peg or pipe shall be increased sufficiently to ensure the stability and permanence of the beaco n: (ii) it is not possible to drive the standard, peg or pipe into the ground, the corner point shall be defined by a 12 mm hole drilled 25 mm deep into the obstructing rock, pavernen tor structu re; (iii) the corner point falls in hard or rocky grounds and the standard, peg or pipe cannot be driven in to the prescribed depth its length may be reduced if the stability and permanence of the beacon is not thereby impaired, otherwise the corner point shall be defined by a standard, peg or pipe, 300 mm long, embedded in a sym­ metrical block of concrete 15 000 cc in volu me. (2) If a post forms part of a properly erected fence and occupies a corner poi nt of the land being surveyed, it may be adopted as a beacon, (3) For rural land the comer t"n~l ~hJl.1l 0... n;~f;n3\l;~h",d from orher fence posts in the vicinity by erecting a small cairn of stones or a heap of sods around the post, by paint marks, or by two trenches dug 10 the directions of the two boundaries meeting at the post. (4) A peg shall not be placed at {he foot of the corner post for the purpose of identification. (5) Any departure from the prescribed types of beacons shall be reported to the Surveyor-General for sanction. (6) If in the survey of any piece 0 f land a beacon which should define one of its corner points is missing, or in a dilapidated condition, or of a decidedly inferior type, it shall be restored in conformity with the require­ ments of this rc,sulntion. (7) This regulation shall not apply to the survey of a Mining Right. 12 LAND : ACT 46(1961 (2) rr 17·18 When beacons are not required. 17. (1) It shall not be necessary to define any corner point by a beacon (a) if the corner point coincides with the corner of a permanent building, which shall in such case be adopted as a beacon; (b) if the corner point is in such close proximity to the corner or a building that a beacon cannot be conveniently placed in position; in such case the position of the corner of the building shall be accurately determined for use as an indicatory beacon; (c) at the ends of the straight of a railway line forming a boundary; (d) if the purpose of the beacon will fall away hy !;,1)l'\~l)lid:>.tion c£ titl'"; .:md (c) in the case of a servitude based on visible physical features of a permanent nature. (2) TlJ~ Sur veyor-Gener'at may waive me requirement to erect or restore any beacon, when it is evident that such beacon would serve no useful purpose. Indicatory beacons. 18. (1) When a corner point of a piece of land falls in an inaccessible or insecure position. or in a position where it is deemed inadvisable to place a beacon, such position shall be rrp~prvpd hy mearrs of indi<;atory beacons. (2) Except as otherwise provided in regulation .15(8), an indicatory beacon shall be placed on each of two of the rectilinear boundaries meeting at such corner point. and as close thereto as will be MMi<::tpnt. with ;t~ ""f",ty: Provided that it shall not be placed in a position where it could be mistaken for the corner beacon; and Provided further that it shall not be necessary to place an indicatory beacon if special dispensation has been obtained from the Surveyor-General, or it cannot be placed on line due to an obstructing building or permanent structure. (3) An indicatory beacon for defining the intersection of a recnuneer boundary with a curvilinear boundary. shall be placed on the former boundary, as near to the intersection as circumstances permit without endangering the permanency of the beacon and, unless impractical, on the same side of the curvilinear boundary as the land under survey. 13 STATul'ES OF SWAZILAND rr 18-21 (4) When the removal of a beacon is sutnocised in terms of section 21 of the Act and it is not possible or advis­ able to replace it in its original position, the land surveyor shall place indicatory beacons, and where possible one on f>,u'h of thp slr:light bourrdar-y lines meeting ther...at or in l:uch other positions as may have been authorised by the Surveyor­ General and shall without delay furnish such miormutum as the Surveyor-General may require to enable him to record the positions of the indicatory beacons on the relative diagrams. ;\1arking of survey stations. 19. All favourably situated main survey stations which nra not lil~.. ly to be di:Jt\lrbed, :lhall be Ularked in a perruanern, manner, preferably by iron pegs Of pipes not less than 300 mm long. D,una9(; to and remQuat vf t,ivu,wllu~{.rlo.;ut :1wtlun:1, reterens:e marks and bench marks. 20. (1) Trigonometrical station, a reference mark erected according to the specifications set our in regulation 21(4) or a bench mark, ~I.dll nut l>'O' moved ur uemousned except on wrtt­ ten authority of the Surveyor-General. (2) If it comes to the knowledge of a land surveyor that a trlgonometrtcal station, a reference mark or a bench 111<u-k h".:; bee11 fH i.:; lik~ly to be damaged or destroyed. he shall immediately report the circumstances to the Surveyor­ Gener-al. Reference marks. 21. (l) In the survey of new townships, villages or settle­ ments, reference marks shall be placed at convenient intervals; and in suitable positions, and as a general rule one such mark "hall be pl"'ccd at cach ::Itrcet intcr",ec.tiou, Provided that not less than two such marks shall be placed. (2) Such reference mark shall consist of a metal peg or pipe not less than 12 mm in diameter and 600 mm in length. set in a cylinder of concrete of volume not less than 0.1 cu.rn. (3) Any departure from the authorised type of reference mark referred to in paragraph (2), shall be reported to the Surveyor-General for sanction. (4) A reference mark erected in a previously surveyed township shall be erected in accordance with such spprifir:l tions as the Chief Engineer may Erom time to time prescribe, 14 LAND: ACT 46/1961 (2} rr. ~2-::) PART V DIAGRAMS Nomre, form alief see. " (l) A diagram shall be framed on a single rectangular sheet of good durable paper of a quality approved by the Surveyor-General, and in :"!rrClrrhnrl' with ~ l~y r."I, 0''11,. end ~p..<:ific:>.t;on pr8Gcrib..d by Ih.", Surveyor-General. (2) Only one side of the paper shall be used. (3) Only good quality drawing ink shall be used m preparing a uiugr aru. Provided that the Surveyor-General may permit the use of a type-writer for such preparation. (4) The signature shall be In black or blue-black ink of ~ood '1,,~llly (5) The dimensions of a diagram form shall be either 297 by 420 mm (size A)) or 297 by 210 rum (size A4): Provided that the Surveyor-General may refuse to approve a diagram fr;lmcd on Size 1\3 if in his opinion" Size ....4 could ,-UIIVCJliClll1y have been used; and Provided further that in exceptional circumstances the Surveyor­ General may permit the use of forms of different sizes. (6) No writing or drawing shall encroach on the margins of a dia­ gram, which shall be (a) in the case of size A4 forms, 40 mm wide along the left hand edge of the longer side and 10 mm wide along the other stces: (b) in {hecase of size A3 forms, 80 mm wide along the middle of the form and parallel to the shorter side and 10 mm wide along the sides; (c) in the case of all other forms, of such nature as the Surveyor-General may prescribe: Provided that the right hand margin may be used for initialling alterations. (7) The Surveyor-General may refuse to approve any diagram if he considers it is dilapidated, framed in a careless manner, or its appearance spoilt by amendments or additions. Number of copies required. 23. (1) Unless land is to be registered by reference to a general plan. a diagram shall be submitted for examination and approval in 15 STATUTES OF SWAZtLAND rr. 23-25 (a) single, when a size A4 form is used; (b) such number as may be required for registration, when forms larger than size A4 are used, or when it is essennat to record information in a colour other than black: Provided that the Surveyor-General shall prepare and supply the additional copies required for registration when the diagram is framed on a size A4 form. (2) When a diagram is framed on a size A3 form the figure shall be drawn wholly to the left or to the right of the central margin. 24. (1) Land shall be represented on a diagram by a single tigurc. (2) Notwithstanding paragraph (1) two or more parts of a piece of land may be represented when (a) the diagram is framed for the purpose of amendment or rectification, of title; (b) the diagram is framed for the purpose of consolidation 01' nue and a component portion nas oeen Spill mro pans by the deduction of one or more intervening portions, or comprises existing detached portions represented on J single diagram which are accepted as constituting a ,ingle property; (c) such parts meet at one or more common points; or (dl such parts are disconnected by the prior deduction of a strip of road or railway reserve. Scale and plot. 25. (I) The figure of a diagram shall be accurately planed to one of the following scales IflOOO 1/2000 1/4000 1/1250 1/2500 1/5000 1/1500 1/3000 1/6000 1/7500 or to any of these scales ill which the denominator is multiplied or divided by len to any integral power: Provided that the size of the figure shalt not be less than 10 square em., or so small that essential information would be inadequately represented. (2) When beacons are in such close proximity to each other that their relative positions cannot be clearly shown without unduly increasing: the size of the diagram form, they shall be represented in an inset at a. larger scale onenteo to the main figure, 16 LAND : ACT 46/1961 (2) IT 25-30 (3) The scale to which the figure is plotted shall be recorded on the diagram below the figure. (4) The scale of an inset shall be given in such inset. (5) The plot of th~ figure chcll ngroc with the dnta ori the diagram within a limit of 1 mm. Land held under different tenures OT conditions of title. 26. (l) When it is necessary for the purpose of registration Lu represent the boundaries or areas held under different tenures or conditions of title on a diagram such boundaries shall be represented by black broken lines and shall be lettered. (2) Such lines shall be repeated in a similar manner on ;)11 ':mhc:."'1"pnt ,1i"'g-r-"'m~ l.t'll'?~l: th"y ,n" no lonsgr rgquircd for registration purposes. Connecting figure. 27. When it is necessary to depict the connecting figure re raned tu ill. r egu lauon 32(0, It shall be indicated on a diagram by broken lines or by means of an inset and it shall not be necessary to plot such figure to scale if this is found to be inconvenient. 28. (I) A diagram shall contain a clear and concise descrip­ tion of each beacon, and of the locality of each beacon in relation to any permanent feature in its immediate vicinity. (2) If any beacon is a fence poet, thts :shall be clearly evident from the description. e.g. iron rail (corner fence post). (3) The description of any adopted beacon to which an official co-ordinate value has been assigned, 'shall be obtained from the official record. Official designations of beacons. 29. Official beacon designations shall be tabulated on a diagram in a manner prescribed by the Surveyor-General. Numerical data. 30. (1) Subject to regulation 43(2), a diagram shall contain the follov..dng numerical data ; (aJ CO-QTdinl1t!"go "nhjprt tn 'l'",suhtion 31(.2) thg co-ordinates in metres to two decimal places of (i) every corner point defining the recti­ linear figure and of every indicatory beacon definIng each corner pomt; (ii) all other corner points in respect of which connecting data are furnished in terms of regulation 32; 17 STATUTES or SWAZILAND (iii) (iv) (v) rr 30 <til lri~ul1um"ldc<tl statluns Calling within the figure, or within :"10 m of any comer point referred to in sub­ paragraphs (i) and (ii): in the case of a sur-vey of rural land at least two favourably situated trig­ onometrical stations to which the sur­ vey has been connected the centre and tangent points of every' circular curve forming a boundary, If determin~d during the course of a survey; and, (vi) the ends of the straights when the ele­ meuts ur ,he CUl ve h<1v~ HuL U~~1l acclIrately determined: Provided that on a diagram of land in a township village or settlement the co-ordinates shall be expressed to two d,.Qim:l.l pb<;.. e of a m'Hr", (b) Sides and otheT distances: The lengths in metres to two decimal places (0 of the sides of the recuunear figure; (ii) of the radius of every circular curve forming a boundary, if determined during the course of the survey Or" adoptQd: Provided that on a diagram of land in a township, village or settlement the lengths shall be expressed to two decimals of a metre; and, Provided further that it shall not be necessary to record the distance from an indicatory beacon to an irregular curvilinear boundary. (c) Di,.oction,,: Dirtction:J to the ntnrc:Jt ten seconds of all sides: Provided that 0) when the length of the side exceeds 2 000 metres the direction shall be ex­ pressed to single seconds; (ii) when a side is part of a boundary, determined during the course of a sur­ vey, ana whose length exceeds 2 000 metres the direction of such side shall be expressed to single seconds; (iii) angles may be recorded on the diagram of n lot which i~ rcpt-cacnted by '" LAND: ACT 46i196l (2) rr. 30-31 figure of regular shape, or which is represented on an approved general plan on which angles are recorded. (d) Area. The area, which shall be ell pressed in square metres to the nearest square metre when the area is less than one hectare, otherwise in hectares to four decimal places: Provided that (I) when disconnected parts of land are represented on the diagram only the combined area of such parts shall be recorded; (ii) as a general rule the area of a servitude need nor be recorded. (I') Servitude data: Subject to the provisions of regulation 41(2), such data il~ ruay be necessary to define ihe limits of the figures representing a servitude. (f) Counecttng data: Such data as prescribed in regulation 32(2); (2) Data shall be tabulated: Provided that indicatory data may be shown in an inset drawn to an enlarged scale. (3) In the tabulation of data on a diagram the corner points of the figure shall be referred to consecutively in clockwise order by letters placed outside the figure. Co-ordinates. 3 1. (I) When a survey has been based on trigonometrical stations or on reference marks, a reference to the system and to the constant by which the co-ordinates have been reduced, 3hall be recorded on the diagram. (2) The constant shall conform with the constant used in the cal­ culations and referred to in regulation 56(4). (3) Co-ordinates neec not be stated on a diagram (a) framed from an approved general plan, unless the co­ ordinates of each corner point of the land concerned are stated on such general plan; (b) of land situated in a township, village or settlement, unless the surveyor resurvey of such land is based on or connected to trigonometrical stations, or to reference marks in the manner prescribed in regulation 9; 19 ~TATUTES OF SWAZILAt'!O rr. 31-32 (c) compiled for consolidated title in the special circumstances referred to in paragraphs (b) and (e) of the first proviso to regulation 43(1). Connecring dara. 32. (I) When no rectilinear boundary of a subdivision coincides in whole or in part with a boundary of the land being subdivided. the position or tWO sutrably snuareu ueacocs of such land, or of n former sub-division thereof, shan be accurately determined and connecting data, comprising the sides, directions and co-ordinates of the quadrilateral figure connecting such beacons to two beacons of the subdivision, shall be furnished on the subdivisional diagram; Provided that (al the co-ordinates shall be omitted when no othe-r co­ ordinates are furnished; (b) if a diagram of a road or a railway traversing the land or of a servitude area within the land is filed in the office ofthe Surveyor-General, the subdivision may be connected to lWO ~uil",bl" b"""on~ f~pn·~pn,prl nn ~l,{"h rli~3c~rn: (c) connecting data shan not be furnished on a subdivisional diagram when the subdivisional survey is based on mgo­ nornerrical stanoos or on reference marks, and any approv­ cal suu<:y, of the ]",nd bcing subdivided which included at least two beacons not less than 150 metres apart has been similarly based. (2) When a rectilinear boundary of a subdivision coincides in whole or in part, with a boundary 01 the land being suoutvtceo. {he rcnowtng connecting data shall be recorded on the diagramr-c [c] the two sides of the remaining extent along the boundary 011 either side of the subdivision as well as the co-ordinates of the corresponding terminals, adjusted, If necessary, to coincide with the true and correct boundary determined as required by regulation i5; and (h) Ih.. distances from the aforementioned terminals or from the beacons of the subdivision on that boundary to, as well as the co-ordinates of. beacons such as are referred to in regulation 15(1) and (2), when the positions of such beacons have been accurately determined for the purpose of affeCling the COfrect alignment· Provided that (i) the co-ordinates of the terminals shall be omitted whcn no other 100 ordinates are fVfnished; 20 LAND : ACT 46/1961 (2) rr 32-33 (ii) if a land surveyor is in a position to effect the correct alignment of the sub­ divisional beacons without determining the position of both terminals referred to. ri",.+a in re"t' ..~t of. on.. such, +.p--rm-tn-"l only need be recorded; and, (iii) such connections shall not be recorded if the subdivisional survey is based on trigonometrical stations or reference marks ami rue co-cremates or me rer­ minals are similarly based and record­ ed on an approved diagram, unless it was necessary to redetermine the pcsi­ nons of the terminals. Provided further that if the boundary requires the application of section 8 of the Act the position of both termi­ nals shall be accurately determined and the data recorded accordingly. (3) Connocting datil :lhall not bc furni:lhcd on !l. :lub­ divisional diagram if such data can be deduced from diagrams of adjoining subdivisions submitted for examination at the same time. (4) For the purpose of this regulation the word "ter­ rmnat" means a beacon wmcn termmates the coundary of the land being subdivided. Consistency oj datu. 33. (1) Sidc", ongle.5 or dia-ectiona, and ar-eas g.i'veu 0.1 auy diagram shall be numerically consistent with the co-ordinates recorded thereon as far as the limitations of regulation 30 allow. (2) The numerical data recorded en. a d~agram, ~I,h~.. than a diagram compiled for the purpose of registering a certificate of consolidated title, on which co-ordinates are not recorded, shall be unacceptable for registration when (a) the closure of a data traverse computed round thp r"ctilinp;>.r figu.. ll' Q:X:CIHldl;: (b) the inconsistency in the area of the rectilinear figure as computed from its sides and angles, or directions, exceeds p'vn 80000 where p represents the perimeter and n the numhPT' nf ;:ine!: nf tbp T'1'"tHit'll'llT' figm'j> 21 STATUTES Of SWAZ:UND rr 33-37 (3) When the land represented on any diagram. IS bounded by a curvilinear line, other than a r-ailway line or a curve defined entirely by mathematical data. the allowable maximum discrepancy in the recorded area shall be the area contained between the curvilinear line and a line parallel to it. cismaceu at a distance corresponding to 1 rnru on the scale adopted for the working plan in terms of regulation 57 (2) (c). (4) The curvilinear-area shall be derived from a correct representation of the curvilinear line on the working plan. (5) When, in the survey of several lots. it is necessary to frame a diagram of the whole block of such lots. the data recorded on the diagrams of the individual lots shall be con­ sistent with the data recorded on the diagram of the whole hln"k Certificate. 34. Every diagram. except a diagram referred to in re­ gulation 43(3), shall be signed by the responsible land surveyor under the followmg cernncate.c "Surveyed in (month, year). . by me Land Surveyor"; Provided that (a) in appropriate circumstances the cer­ tificate may be modified with the consent of the Surveyor-General: (bi in the case of a diagram reflecting only ctnctet co-ordinate values, the diagram shall be signed by any land surveyor under the certificate: "Framed in (month, year) .. by me L:lnd SUX'VQyor". Thoroughfares, 35. When a roadway, street, right-of-way or lane of nnifnrrn width abuts on any boundary of any township, village or settlement under survey, its registered width shall be recorded on the subdivisional diagram: Provided that if the width has been redetermined such new width shall be given. True north. 36. The direction of true north shall be indicated on every diagram by an arrow pointing, as a general rule. towards thp tnp of the paver. Ambiguous curvilinear boundary. 37. When a curvilinear boundary is not described in clear terms on the Qr~inal diagram, or its description is am­ biguous, the ambiguity $1'I3n, whenever ncssrete. ee removed under section 8 of the Act: 22 LAND : ACT 46/1961 (2) IT 37-41 r'rovioed that if the ambiguity is not removed it shall be retained in the same fonn on all new diagrams affected, Verbal definition. 38. (1) Subject to regulation 37 every diagram shall contain a clear verbal definition of the limits of the figure representing the land. (?) Tn th" il"finltiQn ~h:l.ll b .. r ..cit.. <:l, <::lockwicfl c.nd in the order in which they occur, the letters by which the corner points are indicated, and if applicable a description of the curvilinear boundary. (3) When a river, stream, water-course. wall. krans. or other wen-defined permanent, natural or artificial feature forms a new boundary, it shall be distinctly recorded in the verbal definition of the figure which specific part of the feature forms such boundary. (4) III lilt: cases rererrea to In reautaucn :Lill) lc) and {d] the verbal definition shall be recorded in such manner as not to reflect separate figures. Locality. 39. Whenever applicable, a diagram shall contain an appropriate reference to the (a) township, village or settlement; (b) area of the urban local authority; awl (e) administrative district, in which the land is situated. Reference. 40. Every diagram shall contain (0) a reference to the Surveyor-General's number or the immediate parent diagram; (b) a rererence to the title deed to which the Im­ mediate parent diagram relates; and (c) such deeds office references to the immediate parent diagram as may be required. Servitudes. 41. (1) Special care shall be taken to represent with accuracy on a diagram, features which form the subject of a servitude. (2) When features or boundaries defining an existing servitude have been determined by survey and are represented on a registered diagram they need not be re-surveyed for the purpose of a new diagram of the whole or portion of the land affected by such servitude: 23 STATUTES OF SWAZILAND rr ..H-43 r'rcvrced tba~ the lImIts or the servitude falling within the land surveyed are graphically represented and described on the new diagram and a reference is made to the diagram and to the deed, when available. from which such limits and description were obtained. (31 When a new subdivision boundary falls in close proximity to an existing servitude which is not indicated on the diagram of the relevant subdivision, the land surveyor shall furnish the Surveyor-General with a certificate to the effect that the subdivision is not affected by such servitude. (4) When it is intended to create a servitude over a portion of land upon transfer of such portion, tbe feature or boundaries defining such servitude shall be represented on the relevant subdivisional diagram together with a note describing ~llrh ~prvi!llrip (5) The said note shall be in the form of a direct state­ ment and shall contain no condition which it is proposed to attach to the servitude. {fi} rF upon transfer of a portion of land (l servitude is to be registered against the remainder or against contiguous or neighbouring land, the features or boundaries defining such servitude may. with the consent of the Surveyor-General. be represented and described on the subdiviaional diagram. (7) H lh~ ngltr~ or rne servnuce cannot convementjy be represented to the scale of the diagram it may be shown in an inset plotted to a different scale. (8) When an existing servitude is not registered in a deeds registry and the only indication of its ex'istenr-e i<; .'l note on a registered diagram, the identical words used on such diagram shall be reproduced in a similar position on any sub­ divisional diagram representing land affected by such ser­ vitude: Provided th:>.t such note :IhaH not be altl:.~<J l"l~ omitted except as a result of an order of competent authority, the registration of a notarial deed to remove any uncertainty, or a lapsing by merger. (9) When a servitude encumbers land extending beyond the limits OI the reature deterrrnmng the position of the ser­ vitude, the servitude note shall. whenever practicable, refer to the area concerned as a servitude area. (0) The provisions of regulation 32 shall apply to a diaeram framer! for thp rpg;"tr"tinn rd' :l. s"rvit~d .... Composite diagrams. 42. No subdivisional diagram shall represent portions of land represented on mere than one immediate parent diagram. Diagrams jcr consoucaeed titre. 43. (1) A diagram compiled, without re-survey for the pur­ pose of consolidation of title. shall contain only such numerical data as are directly derived from component diagram::; or are obtained by ..impl.. addition or ,;;ubtr::l.ction of data appearing on diagrams of components and their immediate parent diagrams: 24 LAND: aCI 46/1961 (2) IT 43-44 Provided that when (a) a component diagram contains both beacon and transfer data, both sets of data shall be re­ produced on the compiled diagram, the beacon data lJ~lllg recorded ill red but u in the opinion of the Surveyor-General, the reproduction of the transfer data may lead to confusion, all such data may be omitted; (b) component diagrams record different co­ ordinate systems, only co-ordinates based on the trigonometrical survey system shall be furnished; (c) component diagrams contain discordant co­ ordino.tca On the trigonometrieal survey sys­ tem, of common corner points, all such values shall be reproduced on the compiled diagram: Provided further that only the official co-ordinate value shall be recorded in respect of beacons to which the provisions at reguratron l:l have been applied. (2) On a diagram compiled, without re-survey. for the purpose of consolidation uf title (u) the n uurer Ic al udLd ::.1Jdll uo;: l:uu::.i::.leuL wl th lu. the limits pr-escribed by regulation 33: Provided that these limits may be ex­ ceeded with the approval of the Surveyor­ General: (b) the aggregate area shall agree exactly with the sum of the transfer areas of the component porticos. (3) On arry di.:l.gr.:l.m prepared for the r egintr-at.ion of consolidated title, whether framed by compilation of com­ ponent diagrams or from survey (a) the diagram and deed references shall be quoted for each component portion; (b) the internal boundaries of component portions and of land held under different tenures or conditions of title, shall be indicated by black broken lines and lettered: 'c) the data III respect at internal boundaries of the component portions shall be omitted; Certificate for consolidation oj title. ·H. A land aurveycr ::.hdU ::.i~u d Llldgl am comuned ror consolidation of title under the certificate "Compiled in (month, year) . Surveyor" 25 by me Land ST.Hvl:ES OF SWAZILAND Certificata oj t01.l.1Tl"hip or· r"gi"t"r"d tiOe'. rr 45-48 45. 0) When an area to be laid out as a township or settle­ ment does not comprise the whole of the land represented by an approved diagram, a sub-divisional diagram of the portion to be so laid out shall be framed for the purpose of annexure to the certificate of registered title. (2) When an area to be subdivided into lots in any manner not provided for in paragraph (1) does not comprise the whole of the land represented on an approved diagram a magram or the portion so being sutxnviueu s1Jall1J~ ildlll<::l.! for the purpose of annexure to a certificate of registered title if deemed necessary by the Surveyor-General. Deductions, ctrercucns, endorsements. 46. (1) No deduction, note, alteration or endorsement shall be made on a registered diagram except by the Surveyor­ General or unless authorised by him in writing. <') An a pp rrrveri rliagram mav be amended. pr-ior to the registration thereof. only by the Surveyor-General with the consent or the land surveyor concerned. (3) Alteration to any diagram under examination shall be initialled by the land surveyor or -in special circumstances, by the Surveyor-General, who shall, in appropriate circum. stances, notify the land surveyor thereof. (4) Erasures shall not be permitted. r",.tijipn ropip.~ oi diaarams :1:7. A certified copy of an approved diagram shall not be issued by the Surveyor-General prior to the registration thereof, unless the written consent of the land surveyor or or any person legally entitled to act on his behalf, is produced to the Surveyor-General: Provided that if the Survevcr-General has been sup­ plied with evidence that the land surveyor has unreasonably withheld his consent or has failed to respond within a reason­ Q,blQ tUnQ to a notice req'.l"?'iting ~l1thnri<::ltinn fnr th .. i<:<:\H" of a certified copy, or if one or more original copies of the diagram are produced by the applicant to the Surveyor­ General, he shall be entitled to prepare and issue such copy. PAnT ",1 GENERAL PLANS When required. ia. A general plan shall be provided when (a) land is subdivided into five or more portions and the immediate parent diagram is plotted ,,0 a scale which does not oerrnit the deducnoi. of such portions being clearly shown; 26 U~D: AC746jl96i(2) IT 48-51 (b) a general plan is required under any law, or (c) in the opinion of the Surveyor-General a general plan is required for any other reason, Number of copies required. 49. .-\ general plan shalt be framed in such numbers as may be required far registration, provided that a single copy shall be lodged with the Sllr.-"y"'~-".. ne ,""I if he is in a position to supply the :addition~( co o ies required for registration. Nature, form and si:e, 50. (I) One copy of a g:encr;ll ptan shall be rrarned on geed crJ.\Vlll'f paper mounted on linen. (~) If the Surveyor-General is nor in a position ro supply additional copies, any second copy required sh.111 ce framed on tracing linen und any udditional COPtC~ required shoJ.l1 l;c: iiucu "I illl~. (3) General plans shall be framed on a size of paper and in a manner prescribed by the Surveyor-General, (4) If the plan comprises more than one sheer, all sheets shall be of the same size. (5) Unencumbered rnargins. not less than 75 mm wide, shall be "long the sides of every sheet of a general plan: Provided that a margin not less than 250 mm wide shall be lc:"t along I he right-hand side of the ti tle sheet: Provided further that these requirements may be relaxed with the consent of the Surveyor-General. to) In order to ensure neatness on the final general plan, a preli­ minary general plan may be submitted to the Surveyor-General for exam ination. Data and detatts to b~ recorded, 51. (1) The provisions of regulation 22(3), (4) and (7), 25, 26. 23, 29, 31(1) and (2),33,35,36.37,33(3),39,40.41. and 46 which are applicable to a diagram shall, mutatis mutandis. apply to the whole figure and ro the subdiviaiona represented on !I. general plan. (2) Regulation 30(l)(a) (b), (c) and (e) and 30(3) shall. mutatts mutandis, apply [0 the whole figure and to the subdivisions reoresented a n a general plan: Provided that (al in the case of rural land, no data other than the co­ ordinates referred to in regulation JO( I )(ai(iii) need be recorded; STATUTES OF SWAZILAND rr, 51 (b) in the case of townships, villages and settlements, the co-ordinates of the reference marks shall be tabulated: and (c) the sides and directions may be recorded on the fle:UIC. OJ The following information shall be furnished in respect of the subdivisions: (a) Co-ordiuates: 'rne co-ordinates, whicn shall be tabulated, of (i) in the case of rural land, all corner points and any indicatory beacons defining any such point; (ii) the corners of blocks of lots or, in lieu thereof, the apices of truncated comers, unless adjacent blocks are of regular shape and several block corners, or apices are co- linear, in which case the co-ordinates of only the terminals of the line arc required: Provided that the co-ordinates of corner points of blocks of 10(5 in a township, village or settlement shall be expressed in m..trp" 10 IW0 decimal places. (Amended L.N. 43/1971; L.N. 58/1971) (b) Sida and directions, The lengui and direcrlon or each side. which shall be recorded within the figure whenever it is feasible to do so: Provided that (i) it shall not be necessary to record such data on both sides of a common boundary; (ii) when two or more lots in a single block abut on the same straight line it shall be sufficient to record the direction of such line once only; (iii) when the sides of two or more adjoining lots in a block are parallel, it shall only be necessary to record the directions of the first and last of such parallel sides; (iv) the ~i';p~ of lots in a township, vil lage or certle­ ment shall be expressed in metres to two decimal places; (Amended L.N. 58/1971) 18 LA>m: ACT 4611961 (2) rr. 51-53 (v) the value of the direction of a side shall be recorded within the figure so as to represent the clockwise direction of such side irrespective of the manner in which it is written; and (vi) when a change of direction is not visually obvious on the general plan, the point at which the change occurs shall be distinguished by a single black circle. (c) Areas: The areas, which shall be tabulated consecutively and separately for each lot, shall be expressed in accordance with regu­ lation 30(1 )(d): Provided that these requirement, mill' be relaxed with the couscut of the Surveyor-General. (d) Road widths, The widths of the roads when uniform, which shall be recorded, in the figure of the road. (e) Connecting data. Sufficient numerical data in the figure of the plan, or in an inset to connect the blocks to each other, and with the boundaries of the outside figure. (4) The designation of each lot shall be written within the figure. Numbering of lots, 52. The numbering of lots on a general plan shall proceed consecuti­ vely in each block and progressively along the streets or roads adjoining a block. Certificate. 53. (I) Every general plan shall bear the date of survey and shall be signed under the cerrificar.. rprprc..d to in regul at ion ).1. (2) If two or more land surveyors are engaged on the survey and the responsibility can be divided, each land surveyor shall sign the general plan under a separate certificate from which the extent of the division of rcspuuaibiliry shalt be clearly evlcent. (3) Each sheet of a general plan shall be signed by the land surveyor and approved by the Surveyor-General. STATUTES OF SWAZILAND rr. 54-55 PART VII SURVEY RECORDS 54. (1) The survey records referred to in section 5(l)(c) of the Act shall be (a) the original field book, the computations the working plan ana rne report on tne survey and on mailers inci­ dental thereto substantially in a form prescribed by the Surveyor-General; (6) such records as the Surveyor-General m"y r"'l"ir.. u.<h~n a curvilinear boundary has been determined by photo­ grammetric methods; and (e) an index to the calculations and field notes, which may ~ :"dud",d in the ¢o ordin"te li5t. (2) Survey records shall be lodged with the Surveyor-General for examination and permanent filing simultaneously with every relevant diagram or general plan, unless such records are already filed in his office. Fidd /lOlrs. 55. (1) The field book referred to in regulation 54 shall contain a record of the following (0) all angular and linear measurements and all observations made for the purposes of reducing such measurements which shall be entered in pencil on one side of the paper only; (6) calculated data used for the placing and checking of beacons, which shall be entered in ink and references to the calculation pages from which such data were ~,,~r:..:ted ; Provided that a field plan may be used for placing internal beacons of a block of lots in a township, village or seulement ; (e) the date on which each set of measurements or observa­ tions were made and a reference to any conditions which could affect the quality of the measurements; (dl a description of (i) the land under survey; (ii) the measuring instruments used in 3D L-\~D ACT 16/1961 (2) rr 55-56 eluding the orticiat numbers or such in­ struments: and (iii) all beacons, landmarks and perman­ ently marked stations. found or erec­ tprl. in,..lllrling [l ...r tir-nl ... r<: rlf witnp<:<: marks found or placed: and (e) the name of the observer. (2) All measurements and observations shall be entered 1n th'" f1 .. 1.:I I,r>r>lI: ?t \), .. tim'? t), ..y "'.;>r'? m~d.;> (3) On no account shall erasures be made in a field book. (4) Entries may be altered only as a result of re-measure­ ment or re..observation and in such m""nner that the origin",,] entries are not obliterated. (5) The field-book and the manner of recording entries therein shall be substantially in a form prescribed by the Surveyor-General. Computations. 56. (1) Computations shall be done in ink on only one side of the paper, whose dimensions shall be 297 by 210 mm (size A4J, provided that computations may be done electronically on size A .. paper In which case the prim-our shall for each determination of co-ordinates be confined to: (a) the input data abstracted from field records or from reduction sheets; (oj displacements in seconds and their equivalents in metres. between the finally selected point and the directions used in its determination: (c) calculated distances and directions from the nno:llly <;f']p,..tprl rU'lint In fh~prl pnint~ 11~Prl fnr its determination; (d) traverse closures: (e) limiting values and class of accuracy obtained ,,~ pr.. ~ ...r;h.. " in r"S'"bt;Qn Hl: ""nd (f) the final co-ordinate values derived from the computations. (2) In addition to the print-out of data. error figures shall be pt-ovid .. d in respect of all trilat.. ration arid tri~ngul",, lion fixes unless the measure of accuracy. the reliability and the manner of fix is supplied in a fonn acceptable to the Surveyur-General. (3) When a survey is not based on trigonometrical staucns ur reference marks. the co-crtnnare system shall be based on an approximate direction of true north: Provided that in any survey of land in a township. village or settlement a co-ordinate axis parallel to the general direction of a block of lots may be used. 31 STATUTES OF SWAZILAND IT 56 (4) When, co-cremates are reduced by a constant. such constant shall comprise only figures common to all co-ordinates, so that neither the signs nor any of the numerals of the original values are changed by the reduction: Provided that the Tf'n\ll'tinn ",h,dl l:>"" confined to multiples of one thousand. (5) Checks on field work and computations shall be provided and shall be clearly indicated by means of cross­ reference or concise statements. (6) The computations shall include (a) a list of all final co-ordinates used and calcu­ lated, in which comolete references to the snnrr-e from ""hil'h the co-ordin:otes wen. ob­ tamed shall be provided; (b) a consistency sheet in respect of 0) each diagram, other than diagrams r"'presenting rflgl.ll:l.l' fisunl in rec.pcet of which no co-ordinates are recorded; 'nd (ii) each figure, other than a regular figure. represented on a general plan: (c) a comparison sketch on which the following are recorded: (i) the data derived from the survey; (ii) lllt: data obtained or deduced from the original and adjoining diagrams, in brackets, and (iii) the data finally adopted for the survey underlined: Provided that when the original and the new survey are based on the same system of co-ordinates, only a list of the original, survey­ ed and adopted values need he furnished. (d) a triangulation plan, unless all trigonometrical stations are plotted to scale on the working plan; and (e) such calculations as may have been made to det cr-mirac Q curvilioce,r area, and shall contain a complete reference to the sources from which the data for the computations have been obtained, (7) f....linor computations made in the field for the placing of a beacon may be made m the held-book. (8) When the position of a point is determined by a single closed triangle, the angles at the triangle shall be ex­ tracted directly from the field-book and a comparison made in the calculations wit.h thp l'"rr"'~r0nding V;l;ll.lfl& dflrived from directions obtained from finally calculated co-ordinates. 3~ Ul'iD: ACT 46,1\961(2) rr.':7 Working plan. 57. (1) The working plan which shall not be smaller than 297 by 210 mm (size A4), shall be neatly framed in ink on tracing linen. in accord­ ance with a style, layout, and specification prescribed by the Surveyor­ General. (2) A typewriter shall not be used in preparing a working plan. ()) The following information shall be recorded on a working pl"n (a) the designation of (0 the land under survey; uu each portion or lot into which the land has been subdivided; (iii) adjoining land, and the locality referred to in rpg"ht'ofl 39; (b) the positions and designations of (i) all beacons, stations 0: points used, adopted fixed or calculated during (he course of the (ii) principal and ground control points when photo­ grammetric methods are used; (e) the pcairion of all CUI vilineui Luunclarics and of 0, servitude features, which shall be plotted to the scalealf the diagrams to be framed, or to a scale of 1j7 500, whichever is the larger: Provided that with the prior consent of the Surveyor­ General a different scale be used; (d) all measured Jines and directions used in the deter­ mination of a curvilinear boundary or of a servitude reauue , (e) all measured lines used for the determination of any beacon, station or other point; (f) the co-ordinate axes with their values reduced by the "oU~lailt appearing on the co-orutnare lis!; (g) the topographical features, including boundary fences; (II) the direction of true north; (i) a concise description of all marked stations, beacons and landmarks, or other indications of comer points, which were adopted, found, determined or placed in the course of the survey; 33 S1:Al:Ul1:S OF SWA211.AND rr.S7·61 (j) the scale of the figure and of the plot of curvilinear boundaries and servitude features, if any; and, (k) the area of each portion contained between the curvilinear boundary and the straight line joining the stations used in fixing the position of nuch bnundnry, or between the curvilinear boundary and the straight line joining the beacons nearest to that boundary if the area can be determined with sufficient accuracy. (4) When points are in such close prrntimity 10 " .'1<''' oth.... or to fences or boundaries, that details cannot be clearly shown at the scale of the working plan, an enlarged inset, not necessarily to scale, shall be provided. (5) The working plan shall be signed and dated under the following certificate "Surveyed by me in accordance with the provisions of the Land Survey Act and the regulations framed there­ under. Date of Survey Land Surveyor". (6) Each land surveyor engaged in the survey shall sign the working plan in the manner prescribed in regulation 53(2). PART vm. MISCELLANEOUS 58. Letters or numbers which cannot be reproduced by an ordinary typewriter, shall not be used in any field-book, working plan, diagram, sketch or calculation. Surveys on behalf of the Government, 59. Any survey of Government owned land, or on behalf of the Government shall not be undertaken except upon written instructions or author-isation i~~Il..rl by th.. .c:.nrv..yor-General. (Ame-nde-d L.N 2}1974) Surveyor-General not liable for cost ofany document officially required. 60. Any wagram, plan report. document or other information, requi ....d by the Surveyor-General in terms of these resull1tioll3. llhll.1l be deemed to be an essential part of the survey and the coslthereof shall form part of the cost of such survey. Replacement of beacons. 61. When a land surveyor has replaced a beacon he shall report forthwith the circumstances to the Surveyor-General and shall submit to that officer, for examination and permanent filing, the survey records relative to such replacement. 34 STATUTES OF SWAZILAND When a beacon has a bearing on a piece of land. rr.62-66 62. For the purpose of section 13 of the Act, a beacon shall be deemed to have a bearing on a piece of land represented on a diagram based upon a division survey, when it defines a terminal point of a straieht boundary nne which is common 10 such piece of land and to the land being subdivided. TUI ifffur ~urI"I:'Ys. (rirn Schedule). 63. The charge for any service performed by a land surveyor under the Act and these regulations shall be in accordance with the tariff of fees prescribed in the First Schedule: Provided that increased charges may be made by written agree­ ment between the land surveyor and the person responsible for the payment of his fees. Taxation of accounts. 64. (I) The Surveyor-General shall exercise in case of dispute, all the functions or a taxing otticer or the court in relation to fees charged by land surveyors in terms of regulation 63. (2) The fee of office for taxing the account of a land surveyor shall be 5 cents for every Rl, or fraction thereof, of the amount to be taxed subject 10 a minimum fee of Rl. Fees ofoffice. (Second Schedaeh 65. The Surveyor-General shall not accept a diagram or general plan for examination unless the fee of office for such examination has been paid. Arbitration proceedings (Third Schedule). 66. (I) Any person who has called upon a contiguous owner to sign an llgrt'.J"m...nt in terms of section S(J) of the Ac.t shllU pre~erve e record of the hour and day on which, and the place at which, he so called upon him, or, if he called upon him in writing, he shall preserve a copy of the letter and any reply theretom he shall receive. (2) In the event of such contiguou~ OWIlCI .efusiug ro sign the agreement, the person calling: upon him to do so shall, if possible, obtain the signature of such owner to such record of such day, hour and place, and also the signature of any witness present. J5 LAND: Act 46/1961(2) rr.66 (3) Whenever it becomes necessary to proceed to arbitration in terms of the Act, the Surveyor-General shall serve notice upon every owner concerned, or to his duly authorised agent, requiring him within a period of one month after the date of notification, or if he was not in Swazlland upon such dale, wlrhin three months thereafter, to complete and sign before two witnesses, and to return to him, a deed of submission substantially in the form contained in the Second Schedule. (4) Upon receipt of deeds of submission from every o.....ner affected by an objection, or from his duly authorised agent, the Surveyor-General shall appoint an arbitrator to determine the matter in dispute, but if he deems it otherwise desirable, he may appoint more than one arbitrator. (5) If, however, half or more than half the persons affected by the objection demand that more than one arbitrator be appointed, he shall appoint at least three arbitrators. (6) In the event of three arbitrators being appointed the decision of any two of them shall determine all questions under submission. (7) Before any arbitrator enters on a reference under the Act he shall make and subscribe to the following declaration before a justice of the peace or commissioner of oaths ~ T, do solemnly and sincerely declare that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matter referred to me under the Land Survey Act No. 46 of 1961. (8) The appointment of an arbitrator shall not be revoked without the consent of all parties affected by the objection, nor shall the death of any such party act as the revocation of an appnintment. (9) An arbitrator or arbitrators shall 5UU111il lti~ lJ( thei; awards to the Surveyor-General within sixty days after his or their appointment, but the Surveyor-General may for particular reasons to be recorded in writing extend the time in which the award may be made. (10) If an arbitrator die:'> Ul hecuures Incapable uf acting before making his award. or fails or refuses to make his award within sixty days after his appointment, or within such extended period as may have been allowed by the Surveyor-General, the Surveyor-General shall appoint another arbitrator in his place. (II) Every arbitrator appointed under paragraph (] 0) shall have the same powers and authority as were vested in the arbitrator in whose place the appointment is made. (12) Au arbitrator acting under a submission shall have the power to summon and hear witnesses, to administer oaths or take affirmations, to rail for the production of papers and documents, and to enter upon and inspect any land for the purpose of determining the matter in dispute. 36 LAND: ACT 46/1961 (2) rr- 66 (13) The issue of a subpoena or summons on a witness to compel his attendance, and the production of documents before an arbitrator may be procured by such arbitrator or by any party to a submission, in the same way and subject to the same condition.'; as if the matter WPrP an :l.rtion p..-nrling 1O a magistrate's court. (1.4) The parties affected by an objection shall submit to be examined by the arbitrator or arbitrators upon oath or affirmation in relation to the question in dispute and to all matters appertammg thereto, and shall produce before the arbitrator or arbitrators all documents within their possses­ sian or power respectively which he or they may call for c­ require, and shall do all other things which during the arbi­ tration the arbitrator or arbitrators may require in connection t.her ew Itlr. (15) Any party affected by an objection shall have the right to be represented by counselor attorney. (16) AS rar as practicable, written notes shall be taken of the oral evidence of witnesses by the arbitrator or arbitrators before whom it is given, and such notes shall be submitted to the Surveyor-General, together with the award, for purposes of record. (17) The arbitrator or arbitrators may proceed ex parte in case any party to a dispute or any person affected by an objection. after reasonable notice has been given to him, shall neglect or refuse to attend on a reference. (IB) In every award the arbitrator or arbitrators shall direct by whom the cost of and consequent upon arbitration. or any part thereof, shall be paid, and may decide upon or tax the amount of the cost or part thereof to be paid other th::l n tnQ fQQr; p"y"ble to the arbitrator or arbitrlltor;;]: Provided that if no direction is given as to the scale on which costs are to be taxed they shall be taxed according to the tariff allowed in a magistrate's court. (19) The scale of fees to be paid to an arbitrator shall be determined by the Surveyor-General prior to the appoint­ ment of such arbitrator, and the Surveyor-General may, upon such appointment being made, require that the parties affected by an objection, or any of them, shall deposit with him a sum of money equal to the estimated amount of the fees of the arbitrator and of the expenses which will be in­ curred by him in travelling and subsistence, or shall give satis­ factory security thereof. (20) If the amount of such fees and expenses is sub­ sequently found to exceed the deposit, the Surveyor-General may withhold the award until the amount of the excess has been paid. 37 STATI.,;'ES OF SWAZ;LA~D rr 66 First Schedule (21) The amount due to an arbitrator by way of fees, on the scale determined by the Surveyor-General and by way of travelling and subsistence expenses, shall be taxable by the Surveyor-General. (22) The Surveyor-General shall certify in writing the amount due by any person affected by an objection. (23) Such certificate shall be indebted to the Surveyor. r.pnpr",l ;n thp "'tnnnnt "t"'lpr! thpTp;n' Provided that the Survevcr-General may rectify any error in such certificate. FIRST SCHEDULE TARIFF OF FEES L Basic area charge. 2. Official co-ordinate values. 3. Remaining extent. 4. Defining a given area. 5. Connections. 6. Curvilinear boundaries. 7. Diagrams. S. General plans. 9. Servitudes. 10. Travelling and transport. 11. Subsistence. 12. Ltne-clearing. 13. Mi~cell ...neou.s. TARIFF OF FEES Basic area charge. L The fees for the survey of one or more pieces of land, included in the same survey, surveyed at the same time and having not more than six boundaries shall be as IlTp... scribed in either Table A or Table B: LAND: ACT 46/1961(2) First Schedule TABLE A Charge for each Piece of Land: Areas N.B. The charge per piece for any number of pieces not specified shall h~ <i..rivP<"1 proPf)rtkll1~ Ily from Ihe l~ oulared charges. (Amended L.N. 80/1975.) 39 STATUTES OF SWAZILAND TABLE B First Schedule Charge for each piece of land Charge fori , every I prece 1 Nl1",h.. c r:ofr'i ..,..p~. fr:oT ".~,..h r:of Over , h IArein ectares .~~.~-,--,--, , 'I 1"! (I) (2)! (3) ! (4) I (5) ! (6) , ~~~~,~~,~ Over To 1 R R R ~91 R R R 2 5 152 109 90 , 72 70 6- 70 5 10 156 114 96 85 : 79 77 6-77 10 25 160 I 129 113 1 102 I 95 93 6- 93 " so In I 144 124 I 113 ' JU4 lUL b-IUL 50 100 I 197 i 167 147 1 135 i 127 124 6-124 100 200 , 230 192 172 157 ! - - 4-157 200 300 I 247 200 181 168 I I 4-168 3eO 500 t 277 277 201 182 - - 4-182 500 750 ! 295 240 1 2lJ 194 I - - 4-194 750 1000 314 m , 230 212 i 4-212- 1000 1500 332 277 - - - - 4-277 1500 2000 351 295 - - - - 2-295 :2000 3000 369 310 - - - - 2-310 3000 5000 388 321 - - - - 2-321 5000 7500 427 , 347 - - - - 2-347 7500 10000 452 i 374 - - -I - 2-374 (Amended L.N. 80J1975.) 40 LAND: ACI 46/1961(2) First Schedule Provided that (a) The basic area charge shall include the cost of ­ (I) supplying survey records as prescribed; (iil a reasonable amount of additional computing to verify the positions of the beacons of the land under survey; (iii) preparing and supplying all .cports and certificates as mo.y be required, Or pn:,~o.:,·ib.;.d, (iv) preparing, lodging and supplying diagrams and general plans in such form and number as may be required, or prescribed for registration; (v) except as provided for elsewhere in this tariff supplying and erecnng new beacons, reference marks and witness marks and permanently marking main survey stations ; (vi) hringing .."i~,ing b ..:lcon. up 10 pr..~"r;b..d ~t"ndurd; (vii) preparing and supplying any agreement to beacons as may be required, which shall not include obtaining rbe signature of land owners on such agreement; (viii) searching for and fixing sufficient beacons and corner points to complete the survey, if the time occupied in doing so is reasonable; [ix) obtaining survey data prescribed by resulanon "; (x) basing the survey on trigonometrical stations and refer­ ence marks: (xi) testing the alignment of existing beacons when t"rrninJ.b do not have to be fixed, but excluding replacement of beacons on line; (xii) placing new beacons on an existing boundary; (xiii) potnnng OUt beacons and boucoanes during the course of field work; (xiv) transport during the course of the field work: (xv) supply of norm'll l'lbou,', <1",J [xvi) reasonable time devoted to receiving and persuing ins­ tructions for the survey; (b) For the survey of any piece. of 14Mi \'Il,UM; '!lca e;u:t:t:Us 10000 hectares the charge specified in Table B shall be increased by R13 for every additional 1000 hectares or part thereof; 41 STATUTE, OF 5W AZILA NO First Schedule (,) rOT each piece or l<tnd of two heell:nc~ and under, whidl is a regular figure the area, charge as 5p~cified in Table A shall be reduced by :'.5 per cent for those regular figures in excess of lOin number; but the 10 regu 101r figures exempted shall be the smallest regular Ji gures ; (d) no reduction U( Illl: va.~i," <11\;<1 cua: ge ,lld}l be made when diagrams are not required for registration; (e) when it is necessary to embed the centre mark of a beacon in concrete, as prescribed, an additional charge of R5.00 per beacon shall be made ; (Amended L.N. ~Ofi975) ([) when a beacon in conformity with regulation 16 (l)(b) IS placed il. charge of R4.00 for every such beacon shall be made; (gl in the survey of pieces of land varying areas, the charge for an individual piece shall be derived from its area at a rate which would be applicable if all the pieces were of the same area: (II) for each servitude endorsement on a diagram a charge of R2.00 snan be made; (Amended L.N. llU/l'J15.) UJ for each component clause of a consolidated diagram prepared by the land surveyor, a charge of RO.60 per copy shall be made; 0) in the survey of pieces of land represented on dirterent imme­ diate parent diagrams less than 2 hectares in extent an additional charge of R I0.00 in respect of the second and each subsequent immediate parent diagram shall be made and; (Amended L.N. SO;t97S.) (k) for the survey of additional boundaries above six, the charge specified in Table A or Table B shaH be increased by 10% for each of ten such additional boundaries and thereafter by 5% for any Iurther such boundaries but the line joining an unbeaconed point with an indicatory beacon shall not be deemed to be a boundarv for the purpose of this tariff of fees. OfficIal Co-ordinate Vollies. 2. The basic area charge for each piece of land shall be reduced by 5 % in respect of each beacon to which an official CO-ordinate value has been assigned: Provided that (a) no reduction shall be made when it is necessary to re-determine or to verify the position of such beacon; (6) the total amount by which the basic area. charge is reduced shall not exceed 50% 42 .LANO; ACf 46/1961(2} First Schedule Remaining extent: 3. If it is .necessary to survey the remaining extent 0 f a piece of Iand being subdivided in order 10 ascertain its area all charges as prescribed in paragraphs I ami 2 shall apply ill respect of the area or sUCh remaining extent as if it were one of the subdivisions. Defining a given area. 4. The charge for computing the position of and placing a beacon to define a given area shall be JO~/, of the charge specified in Table B: Prrwirl ...rl th".t (a) this charge shall not apply in respect of pieces of land referred to in Table A; and (b) for computing the position of and placing a beacon on a circular curve the charge prescribed In paragraph 6 shall be made; Connections: 5. The charges for connections shall be made in accordance with Table C hereunder for each of (a) the two lengths between two suitably situated beacons or the land bemg subdivided and two beacons of the subdivision as referred to in regulation 32(1); (b) the sides referred to in regulation 32(2)(a): or the distances referred to in regulation 32(2)(b): Provided that (i) no length shall be charged for twice; (ii) no charges shall be made if information obtained in previ ous survey can be used again; (iii) the charge shall be made once only when two or mor.. contiguous subdivisions are surveyed at the same time; and (iv) no charge shall be made for connections to terminal beacons, whose positions can be auopred from previous surveys, or when In circumstances as prescribed, it is not essential to record connecting data on a diagram. 43 STATUTES Of SWAZILAND First Schedule TABLE C Metres o to 50 51 to 100 101 to 150 151 to 300 301 to 600 601 to 900 '.lUI 10 DUll over 1500 Amended L.N. 80{1975.) Curvilinear boundaries. R 6 8 10 15 2. 25 3. R30 plus RI for every 50 metres, or part thereof; in excess of 1500 metres. 6. (I) Circular for (lI) uerenntntng me eiemenrs or a circular curve a cnarge or Rll.SO shall be made. (b) placing a beacon on a circular curve a charge of R3.30 shall be made. (l) Irregular: For surveying irregular curvilinear boundaries a charge of R2.00 for every 30 metres, or part thereof. plus an initial charge of R5.00 for each subdivision abutting on the curvilinear boundary shall be made: Provided that when it is IIc";t:ssary tu SUIV';;Y burh banks uf a river. in order to determine the middle. the charge shall be R4.00 for every ]0 metres, or part thereof, plus an initial charge of R5.00 for each sub­ division abutting on to the curvilinear boundary. (Amended LN. 80/1975.) (3) Information obtained from previous surveys: A land surveyor shall not charge a second time for the Survey of a curvilinear boundary if the information obtained in a previous survey can be used: Provided that any work that may h.. n...r.l"~~"ry In ..n"hl .. Ih .. land surveyor 10 use this information shall be charged in accordance with paragraph 13. Diagrams, endorsements, prints. 7. (I) The following charge shall be made for the preparation and provision of each hand drawn copy of a diagram when not charged for elsewhere in this tariff (a) Diagrams without co-ordinates for (i) a diagram with six sides or less R4.00 (ii) each additional side above six (Amended L.N. 80/1975.) 44 RO.20 LAt'-O: ACT 46/1961(2) Firs! Schedule (b) rnagram with co-ordinates lor (i) a diagram of six sides or Jess (ii) each additional side above six (Amended L.N. 80/1975) R5.00 RO.30 (c) Consolidated diagrams: For consolidated diagrams the charges prescribed in sub-paragraphs (a) and (b) shall apply and an additional charge of R2.00 shall be made for each component clause of t!o" r{m~()lid~ ri0n: (Amended L.X 80/1975.) Provided that a charge for the compilation and calculation of data shall be made in accordance with paracraph 13. (2) Servit ude Endorsements : For each servi tude endorsement on a diagram a charge of R2.00 shall be made. (Amended L.N. 80/1975) (3) Prints: For providing linen prints of diagrams suitable for registration, a charge of RO.SO per square foot, or pan thereof, ~llall be made. (Amended L.N. 80/1975.) General pions. 8. The following charges shall be made for the preparation and supply of each handrawn copy of a general plan when not charged for elsewhere in this tariff: for Servitudes. (a) any numb.. r of fig~!~~s up to teo. (b) every additional figure up to fifty (c) every additional figure above fifty (Amended L.N. 80/1975.) RJO.OO R 0.80 R 0.50 9. (I) Line Servitudes (separate servitude diagrams): (a) the basic charge for the surveyor a line, to be represented on a separate servitude diagram, shall be made as pre­ scribed in paragraph I of this tariff, for the area of a square whose side is equal to one quarter of the length of such line: Provided that (i) all other charges and reductions specified in this tariff shall apply. mutatis mutandis. as if the line represents one or more boundaries of a piece of land. 45 STATUTES OF SWAZILAND First Schedule (ii) such length shall be taken as being the distance along such line between the property boundaries for which connecting data are normally deemed necessary by the Surveyor-General; (6) in the case of two or more lines, following the same route, and represented on the same servitude diagram, the charge for the survey of each additional line after the first line, shall be thirty-five per cent of the charge pr<>~OTibcd In ~Ub p"r<lJ;t"<lph (a). (2) Area servitudes (separate servitude diagram). The charges prescribed in this tariff for the survey of a piece of land shall apply, mutatis mutandis, to the survey involving the beaconing of a servitude area when It IS essential to represent such area on a separate servitude diagram; Provided that when such area affects a number of contiguous !,rnT'''rl;'''~. ",,,,,h ~"'!'t;nn nf ~l1,..h ~T"t"" Ulhi,..h i~ n ....."'~~",.;ly h","""n",rl ~h"l1 rank as a separate piece of land for the purpose of applying the basic area charge. (3) Line and area servitudes combined with subdivision. For a <...nf;ttltl,. "nmh;n",rl with " ~l1hrl;v;~;nn "nrl r"'T'r",~..nt",rl nn " ~"hrl;vi<jnn,,1 diagram (a) if such servitude lies outside the boundaries of the sub­ division, the charges prescribed in sub-paragraphs (I) and (2) shall apply; (6) which shall be deemed to be an integral part of such sub-division, if such servitude lies within the boundaries of the subdivision, the charges prescribed in this tariff shall mutatis mutandis, apply in regard to the survey of such servitude; Provided that (i) the charge for additional boundaries as pre­ scribed in paragraph (k) of the proviso to paragraph I shall be determined from the aggre­ gate number of beacons of such subdivision and such beacons as have necessarily been placed to define the limits of the servitude; and (ii) the applicable charge as prescribed in paragraph 6 shall be made when the servitude is defined by a curvilinear line. (4) Miscellaneous servitude.- For professional work in connection with servitudes, not specified elsewhere in this paragraph, a charge shall be made in accordance with paragraph 13. 46 LAND: ACT 461l96l(2) FIRST SCHEDULE Travelling, Transport and Subsistence. 10. (I) A charge for the forward and the return journey between a land surveyor's headquarters and the site of the survey, or from the place where he was last employed to such site and onwards to other work, shall be made at the rate of ROAO per krn: (Amended L.N. 80/1975.) Provided that (a) such char-res shall be made for only one corn "iet,·ct jnllrn;>y unless substantial reasons exist for additional journeys being made; (6) no charge shall be made unless in excess of 100 krn when a charge shall be RO.l5 per km for travelling and transport during the performance of a survey for which a basic area charge is made; (Amended L.N. 30(1975.) (c) no additional charge shall be made for the tim ~ occupied n travelling. (2) \Vhen:l land surveyor is not provided with free accommo­ dation at the site of a survey. he shall char;e travelling and. transport expenses at the rate prescribed in sub-paragraph (I) in. respect of one forward and one return journey per Jay between rhe site of the survey and either (a) his headquarters, or (b) the nearest suitable accommodation, or (c) the free accommodation provided by the client: Provided that (i) the distance per day for which such charge IS made shall not exceed 50 krn; (ii) 00 charge shall be made in terms of this para­ graph for the first day devoted to the survey; (iii) for accommodation supplied by the land sur­ veyor. he shall charue subsistence at the rate of RI5.00 for himself and one assistant and R3.00 for each of his labourers, plus the cost of their lodging. (Amended L.N. 80/1975.) Abnormal circumstances. 1L (I) The charges specified in Tables A and B of paragraph 1, Table.C of paragraph 5 and paragraph 6 may be increased by an amount not exceeding 35% if abnormal circumstances beyond the control of the land surveyor adversely affect the performance of field work. (2) The increase is to be assessed in each case on its merits. 47 STATUTES OF SWAZtLAND Lille-clearing. FlRS,/SECQND SCHEDULE 12. When it is essential for the performance of a survey that vege­ tation should be cleared, the time necessarily occupied by the land surveyor solely on sunervisinz such clearine- shall he char~l'r1 at the rate nf R 10 per hour: Provided that the land surveyor shall ensure that the clearing is done as economically and expeditiously as oossible ; and Provided further that, whenever practicable the client shall be afforded the opportunity of having the necessary clearing done and supplying the necessary labour and that the COst of labour supplied by the land surveyor for the clearing shall be recoverable from the client. Miscellaneous, 13. For professional work not specified elsewhere in this Schedule a charge of R20 per hour shall be made: (Amended LN. 80/1975) Provided that the following costs shall be recoverable (a) for motor transport supplied by the land surveyor, at a rare of RO.15 per xrn.: (Amended LN, 80/1975.) (b) the amount of disbursements for beacon material; (c) the actual cost of labour necessarily employed a charge equal to 1.5~{, of their monthly wage or salary per hour shall be made. SECOND SCHEDULE Search Fees Certified Copies Subdivisional Diagram Township Lots Consolidation Diagram (Added L.N- 211974) 48 RO,50 Rl,OO R6,OO R2,OO per lnt R3,50