On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 17/12/2008.
PART II
SURVEY
4.
—(1) A cadastral survey for any parcel of land shall not be taken to have been completed until —
(a)
the boundaries of the land have been determined by straight lines;
(b)
the physical boundaries of the land have been demarcated by boundary marks or defined by approved co-ordinates or, if it is impossible or impracticable to do so, by reference to floors and walls so as to enable the boundary lines of the land to be ascertained;
(c)
the area of the land has been determined;
(d)
a lot number has been assigned to the land by the Chief Surveyor; and
(e)
a survey plan, showing the location of the land and its boundaries, area, lot number and the boundary marks placed on the land or the approved co-ordinates, has been approved by, and is filed in the office of, the Chief Surveyor.
(2) A certified plan shall be prima facie evidence of the boundaries and boundary marks of the parcel of land to which it refers, and of its area and lot number.
(3) Any plan for a cadastral survey of a parcel of land approved by, and filed in the office of, the Chief Surveyor under the repealed Act shall be deemed to have been approved by, and filed in the office of, the Chief Surveyor under subsection (1)(e).
[Malaysia NLC 1965, s. 396]
5.
—(1) The Chief Surveyor shall have and may exercise the following powers:
(a)
to carry out a cadastral survey of any parcel of land for the purposes of this Act or any other written law and do anything reasonably necessary for the carrying out of the survey including all or any of the following:
(i)
to carry out any preparatory work on the land and any adjacent land;
(ii)
to mark out the boundaries of the land;
(iii)
to place boundary marks on the land and any adjacent land;
(iv)
to alter, repair or remove any boundary mark placed on the land;
(v)
to remove or destroy trees, crops, fences and other property on the land and any adjacent land;
(b)
to establish a survey control mark on any parcel of land and to enter on the land and any adjacent land to do all things reasonably necessary for the establishment, protection, maintenance, repair, alteration or removal of the mark; and
(c)
in respect of a cadastral survey of any parcel of land carried out and submitted by a registered surveyor —
(i)
to undertake field checks at any time;
(ii)
to make such computations, from the field books, calculation sheets and survey data deposited, as are necessary to prove the accuracy of the survey, the dimensions, areas, geographical position and the emplacement of boundary marks on the parcel of land; and
(iii)
to give any direction to the registered surveyor of the survey made by him.
(2) In the exercise of the powers conferred by subsection (1), the Chief Surveyor and survey officer shall have the right of access to and entry upon any land, foreshore or seabed.
(3) The powers conferred on the Chief Surveyor and survey officer by subsections (1) and (2) may be exercised at all reasonable times and with such number of assistants as the Chief Surveyor or survey officer, as the case may be, thinks appropriate.
[Malaysia NLC 1965, s. 399]
6.
—(1) It shall be the duty of the Chief Surveyor —
(a)
to assign a lot number, strata lot number and accessory lot number which would enable a parcel of land to be identified for the purposes of any written law;
(b)
to maintain all survey records;
(c)
to make available copies of survey records and plans on payment of the prescribed fees; and
(d)
to perform such other functions specified in this Act or any other written law.
(2) For the purposes of subsection (1), the Chief Surveyor may inspect all records submitted and deposited by any registered surveyor and request for such information from any registered surveyor as he requires.
(3) The survey records and plans for any land may be maintained by the Chief Surveyor in any electronic media or other means.
7. The Chief Surveyor shall be responsible for establishing a co-ordinated cadastre and may, for that purpose —
(a)
establish and maintain a network of survey control marks with recorded co-ordinates for use in surveying, mapping and related practice;
(b)
declare, by notice in the Gazette, specified areas to be designated survey areas, being areas of land in respect of which cadastral surveys must be carried out by reference to survey control marks in accordance with survey instructions under this Act, and for which co-ordinates must be determined in accordance with those instructions;
(c)
approve and record the co-ordinates of the boundaries of land within each designated area as determined by surveys carried out in the area (whether before or after the declaration of the area as a designated survey area), convert the co-ordinates recorded in relation to those parcels of land within the area and make any necessary adjustments to the recorded co-ordinates;
(d)
where the co-ordinates for all parcels of land within a designated survey area have been so approved, recorded, converted and adjusted, declare, by notice in the Gazette, that area to be within the co-ordinated cadastre;
(e)
generate, from the co-ordinated cadastre, maps for any area of land within the co-ordinated cadastre; and
(f)
where the co-ordinates for all parcels of land in Singapore have been declared to be within the co-ordinated cadastre under paragraph (d), declare, by notice in the Gazette, that the maps generated from the co-ordinated cadastre shall supersede all maps published under the repealed Act.
[37/2004]
Notice to secure attendance for certain purposes
8. [Repealed by Act 37 of 2004]
9.
—(1) A survey officer may cause a notice to be served on any person who is the owner of or has an interest in any land which is the subject of a cadastral survey calling upon that person to clear any boundary line of the land.
[37/2004]
(2) Where a person fails to carry out work which he is required to carry out by a notice served on him by a survey officer under subsection (1) —
(a)
the survey officer may himself cause the work to be carried out; and
(b)
the cost of carrying out the work shall be recoverable from that person as a debt due to the Authority.
[17/2001]
[Malaysia NLC 1965, s. 401]
10.
—(1) Every owner of any land shall preserve the boundary marks erected on the boundaries of the land.
(2) Where the Chief Surveyor becomes aware that any boundary mark or survey control mark erected on any land has been injured, destroyed or removed, or requires repairs, the Chief Surveyor may —
(a)
cause the mark to be replaced or repaired; and
(b)
recover the costs of the replacement or repair from the owners of the lands for which the boundary marks and survey control marks are to serve as boundaries as a debt due to the Authority in such proportion as appears to the Chief Surveyor to be proper.
[17/2001]
(3) The costs of replacing or repairing boundary marks or survey control marks where the marks are to serve as boundaries of 2 or more parcels of land, including the costs of carrying out a cadastral survey if the survey has been made by the order of the Chief Surveyor, shall be borne by the owners of the lands for which the marks are to serve as boundaries in such proportion as appears to the Chief Surveyor to be proper.
[Malaysia NLC 1965, s. 402 and s. 406]
11.
—(1) Any person who wilfully obliterates, removes or injures, without reasonable excuse, any boundary mark or survey control mark which has been made or erected by or under the direction of the Chief Surveyor shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and may further be required by a Magistrate’s Court to pay 3 times the cost of replacing and repairing the boundary mark or survey control mark and of making any survey rendered necessary by the act for which the person was convicted.
(2) The amount mentioned in subsection (1) shall be levied in the manner provided by the Criminal Procedure Code (Cap. 68) for the collection of fines.
(3) If any person committing an offence under this section cannot be found, the Chief Surveyor may give directions for the replacement or repair of any boundary mark or survey control mark, and may order the cost thereof to be paid by the owners of the adjacent lands in such proportion as appears to the Chief Surveyor to be proper.
[Malaysia NLC 1965, s. 403; BSMA 1985 Ed., s. 33]