On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 01/04/2006.
PART IIA
CONDUCT OF CADASTRAL SURVEYS
11A.
—(1) For the purposes of conducting any cadastral survey or installing any boundary mark or survey control mark under this Act or any other written law, the Chief Surveyor may authorise, either generally or specially and subject to such conditions as the Chief Surveyor may impose, any registered surveyor who has in force a practising certificate or any assistant employed by the registered surveyor —
(a)
to enter and re-enter any land, seabed, foreshore or building at any reasonable time during the hours of daylight, with such workmen, aircraft, boats, vehicles, appliances, machinery and equipment as may be reasonably necessary to conduct the survey or to install the boundary mark or survey control mark;
(b)
to emplace any boundary mark or survey control mark in or upon such lands and premises and to dig up any ground for the purpose of emplacing the boundary mark or survey control mark; and
(c)
to cut down and remove any tree or other growth which may obstruct any survey line or any boundary.
[37/2004]
(2) Before exercising any of the powers conferred by subsection (1) in respect of any land that is not a road, the person doing so shall, where practicable, give reasonable notice to the occupier of the land of the intention to exercise those powers.
[37/2004]
(3) Any person exercising any power under subsection (1) shall produce evidence of his identity and authority to exercise those powers —
(a)
if practicable, on first entering the land or premises; and
(b)
whenever subsequently reasonably requested to do so.
[37/2004]
(4) Nothing in this section shall exempt any registered surveyor or his assistant or workman from liability for any damage caused in the exercise of the powers conferred by subsection (1).
[37/2004]
[Victoria Surveyors 1978, s. 26]
11B.
—(1) For the purpose of obtaining data for a cadastral survey, the survey plan of which is to be lodged with the Authority, a registered surveyor who has in force a practising certificate or an authorised employee or manager of a licensed corporation or partnership may, upon payment to the Authority of the prescribed fee, at all reasonable times be permitted —
(a)
to inspect the relevant maps, plans or survey records lodged with the Authority; and
(b)
to take copies of such information therefrom as he may require.
[37/2004]
(2) Any person referred to in subsection (1) shall not remove any such maps, plans or survey records and shall be liable for any damage which he may cause to them while they are under his control.
[37/2004]
[Victoria Surveyors 1978, s. 26]
11C.
—(1) On completion of a cadastral survey, the registered surveyor who signs the survey plan thereof shall deposit that plan together with the relevant field books, calculation sheets and survey data (referred to in this Act as survey documents) with the Authority, in such electronic or other form as the Authority may approve.
[37/2004]
(2) If the survey plan is approved by the Chief Surveyor, the survey plan and survey documents deposited with the Authority under subsection (1) (including any copyright subsisting therein) shall become the property of the Authority and shall be filed as permanent survey records.
[37/2004]
(3) The Chief Surveyor, upon payment of the prescribed fee, shall furnish to any person applying for it a certified copy of any survey plan or survey document deposited with the Authority under subsection (1).
[37/2004]
(4) Every such certified copy of a survey plan or survey document signed by the Chief Surveyor shall be received in evidence in any court, or before any person having authority by law or by consent of parties to receive evidence, without proof of signature, as prima facie proof of all the matters contained in or entered on the survey plan or survey document, as the case may be.
[37/2004]
(5) Notwithstanding section 35 of the Evidence Act (Cap. 97), a print-out of any information stored in a computer in the Authority issued and signed by the Chief Surveyor shall be received in evidence in any court, or before any person having authority by law or by consent of parties to receive evidence, without proof of signature, as prima facie proof of all the matters contained in or entered on that document.
[37/2004]
[Malaysia NLC 1965, s. 408]
11D.
—(1) No cadastral survey or survey plan thereof shall be accepted or adopted for the purpose of any written law unless it has been approved by the Chief Surveyor.
[37/2004]
(2) No assurance plan shall be lodged in the Registry of Deeds or the Land Titles Registry of the Authority, as the case may be, unless the assurance plan —
(a)
is signed by a registered surveyor and approved by the Chief Surveyor; and
(b)
bears a caution to the effect that the boundaries or dimensions and areas are inconclusive.
[37/2004]
(3) The Chief Surveyor may refuse to approve any survey plan or assurance plan under this section if —
(a)
the subdivision permission as required by section 12 of the Planning Act (Cap. 232) has not been obtained;
(b)
the prescribed survey fees have not been paid; or
(c)
an encroachment has been created by the purchaser or owner of a parcel of land being surveyed for any relevant purpose, which affects any parcel of land adjoining that parcel of land, and the registered surveyor who signs the plan has not certified that the encroachment has been resolved.
[37/2004]
(4) Where the subdivision of land has been authorised by a notification made by the Minister under section 21(6) of the Planning Act, the Chief Surveyor shall not, when he approves any survey plan under this section, be obliged to enquire whether any condition set out in the notification or imposed by the competent authority under that Act has been satisfied or complied with.
[37/2004]
(5) Notwithstanding that a survey plan has been approved by the Chief Surveyor, it shall be the duty of the registered surveyor who signed the survey plan to ensure that the survey plan and all information and matters set out in the survey plan are correct and accurate.
[37/2004]
(6) In subsection (3)(c), “relevant purpose”, in relation to any survey of a parcel of land, means a survey for the purpose of —
(a)
obtaining a new State title for the parcel of land;
(b)
amalgamating the parcel of land; or
(c)
subdividing the parcel of land.
[37/2004]
(7) Any cadastral survey, survey plan or assurance plan approved before 31st March 20051 by the Chief Surveyor or other officer appointed by him to approve plans on his behalf under section 39 of the Land Surveyors Act (Cap. 156) then in force, shall be deemed to have been approved under this section.
1 Date of commencement of the Land Surveyors (Amendment) Act 2004 (Act 37/2004).
[37/2004]
11E.
—(1) The Chief Surveyor or any authorised surveyor designated by him may at any time undertake field and office checks on the cadastral survey work of a registered surveyor or a licensed corporation or partnership.
[37/2004]
(2) The Chief Surveyor may, at any time after the survey plan has been deposited with the Authority, by notice in writing, direct any registered surveyor or any licensed corporation or partnership to correct at his or its expense within a period specified in the notice any error in the cadastral survey made by that registered surveyor or by a registered surveyor who is a director, a partner, a manager or an employee of that corporation or partnership , as the case may be.
[37/2004]
(3) If any person fails to comply with the notice given under subsection (2), the Chief Surveyor may undertake the correction of the cadastral survey and recover the cost of the correction from the person.
[37/2004]
(4) Where the Chief Surveyor is entitled to recover the cost of any correction of a cadastral survey under subsection (3), the Chief Surveyor shall serve on the registered surveyor, corporation or partnership, as the case may be, a statement of the cost of the correction by registered post addressed to the last known place of practice or residence of the registered surveyor, corporation or partnership.
[37/2004]