31.     Prohibition on making subdivisions without consent

            (1) The Minister may, by notice published in the Gazette, prescribe, in respect of such part of Botswana as he specifies in the notice, a size for pieces of land in that part of Botswana, for the purposes of this Part.

            (2) No person shall in any part of Botswana subdivide any piece of land which is of less extent than the prescribed size for pieces of land into subdivisions, any one of which is of less extent than as aforesaid, except with the written consent of the Board.

            (3) Any person who-

     (a)     subdivides any land in contravention of the provisions of subsection (1); or

     (b)     knowingly occupies, in pursuance of any contract relating to land entered into by such person, any land which has been subdivided in contravention of the provisions of subsection (1),

shall be guilty of an offence and liable to a fine not exceeding P1000 or to imprisonment for a term not exceeding 12 months, or to both, and in addition, in the case of a continuing contravention of the provisions of paragraph (b), such person shall be liable to a further fine not exceeding P100 for every day during which the contravention continues.

32.     Approval of diagrams and registration of deeds

            The Director of Surveys and Lands shall not approve any diagram (as defined in section 2 of the  Land Survey Act) nor shall the Registrar of Deeds effect the registration of any transfer of a right in any land which has been subdivided contrary to the provisions of section 31.

33.     Submission of applications

            (1) Any person wishing to obtain the written consent of the Board in accordance with section 31(2) shall submit an application to the Board accompanied by-

     (a)     the prescribed fee;

     (b)     a plan showing the boundaries of the whole of the property which it is proposed to subdivide, the boundaries and area of each proposed subdivision, and-

           (i)       where the proposed subdivisions are to be used for the purposes of agriculture, the location of any rivers, streams, irrigation canals, irrigation pipelines, boreholes;

          (ii)       where the proposed subdivisions are not to be used for the purpose of agriculture, the boundaries and areas of such pieces of land in the vicinity of the proposed subdivisions as the Board shall determine and a statement of the purposes for which such pieces of land are used;

     (c)     a statement of the purposes for which the proposed subdivisions are to be used; and

     (d)     such other information and documents as the Board may require.

            (2) If the land to be subdivided is mortgaged, the written consent of the mortgagee to the application shall be submitted therewith.

34.     Consideration of applications

            When any application is made in terms of section 33, the Board shall give its consent, with or without attaching any conditions thereto, if in its absolute discretion but subject to the provisions of section 35 it considers that the making of the proposed subdivisions is-

     (a)     consistent with sound town and country planning and the provisions of any development plan made under Part III in relation to the land on which the proposed subdivisions are situate;

     (b)     likely to produce land units suitable for the purposes for which the proposed subdivision to be used and, in the case of any subdivision to be used for the purposes of agriculture, is capable of economic occupation for any such purpose, due regard being had to the needs of soil conservation; and

     (c)     not likely, having regard to the purposes for which the proposed subdivisions are to be used, to injure the amenities of the neighbourhood.

35.     Appeal to Minister

            Any applicant aggrieved by the refusal of the Board to approve an application under this Part or by any of the conditions on which any such application has been approved may, within 30 days after being notified of the refusal or of those conditions, and on payment of the prescribed fee, appeal in writing to the Minister whose decision shall be final and shall not be challenged in any court.