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The Laws of Zambia
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REPUBLIC OF ZAMBIA
THE LAND SURVEY ACT
CHAPTER 188 OF THE LAWS OF ZAMBIA
CHAPTER 188 THE LAND SURVEY ACT
THE LAND SURVEY ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Application
PART II
ADMINISTRATION
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4. Appointment of Surveyor-General
5. Powers of Government surveyors
6. Establishment of Survey Control Board
7. Duties of Board
8. Qualifications and application for grant of licences
9. Grant of licences
10. Duties of land surveyor
11. Offences by land surveyor
12. Complaints against land surveyors
13. Powers of Board on inquiries
14. Unauthorised practice as surveyor
PART III
ORIGINAL SURVEYS AND RE-SURVEYS
15. Original survey of land
16. Agreement as to beacons and boundaries
17. Rectification of title deeds after determination of boundary dispute
18. Replacing incorrect diagram by new diagram after re-survey
19. Re-survey of blocks of land
PART IV
SUBDIVISIONAL SURVEYS
Section
20. No diagram of portion of unsurveyed land to be approved
21. Approved plans of proposed subdivisions
22. Subdivisional diagrams
23. Rectification of errors ascertained by subdivisional survey
24. Diagram of exact fraction of land
PART V
BEACONS AND BOUNDARIES
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25. Beacons and boundaries lawfully established
26. Manner and cost of erecting beacons for survey purposes
27. No poles, etc., to be placed near beacon
28. Repair or re-erection of beacons
29. Offences and compensation
30. Authority to remove beacons
PART VI
GENERAL PLANS AND DIAGRAMS
31. Manner of preparing general plans and diagrams
32. No registration of land without approved diagram
33. Consistency between general plans or diagrams and survey records and
signing and approval thereof
34. Approval of general plan or diagram for consolidation purposes or
rearrangement of boundaries
35. Endorsement on general plan
36. Registrar and owner to be informed of incorrect diagram
37. No approval for plan or diagram of parcel of land not provided with access
rights
PART VII
MISCELLANEOUS
38. Aerial photography
39. Powers of entry, etc., upon land
40. Regulations
41. Fees of office
42. Act to bind President
SCHEDULE-Declaration
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CHAPTER 188
LAND SURVEY
An Act to make further and more comprehensive provisions for the registration and
licensing of land surveyors; to provide for the manner in which land surveys
shall be carried out and diagrams and plans connected therewith shall be
prepared; to provide for the protection of survey beacons and other survey
marks; to provide for the establishment and powers of a Survey Control Board
which will be responsible for the registration and licensing of land surveyors
and for the exercise of disciplinary control over such surveyors; and to
provide for matters incidental to and connected with the foregoing.
[23rd December, 1960]
59 of 1960
57 of 1964
44 of 1965
69 of 1965
9 of 1973
34 of 1974
13 of 1994
Government Notice
274 of 1964
Statutory Instrument
65 of 1965
PART I
PRELIMINARY
1. This Act may be cited as the Land Survey Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation
"approve", in relation to any plan or diagram, means the signing of such plan or
diagram by a Government surveyor in order to signify that the requirements
of this Act and of any regulations made thereunder have been complied
with in regard to such plan or diagram;
"beacon" means the mark or structure made or erected at, or indicatory of, the
corner point of a parcel of land, or at an intermediate line point on a
rectilinear boundary of a parcel of land, by a land surveyor or by his agents,
servants or workmen acting under his direction, and includes a bench mark,
reference mark and trigonometrical station;
"Board" means the Survey Control Board established under the provisions of
section six;
"the Court" means the High Court;
"Customary area" has the meaning assiged to it in section two of the Lands Act. Cap. 184
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"diagram" means a document containing geometrical, numerical and verbal
representations of one or more parcels of land, the boundaries of which
have been surveyed by a land surveyor, and which document has been
signed by such surveyor or which has been certified by a Government
surveyor as having been compiled from approved records of a survey or
surveys carried out by one or more land surveyors, and includes any such
document which, at any time prior to the commencement of this Act, has
been accepted as a diagram in the Registry or in the office of the
Surveyor-General or his predecessors;
"general plan" means a plan depicting, in such manner and to such standards of
accuracy as may be prescribed, the relative position, beacons, boundaries
and dimensions of one or more parcels of land as surveyed by a land
surveyor, and which has been signed by such surveyor or which has been
certified by a Government surveyor as having been compiled from the
approved records of a survey or surveys carried out by one or more land
surveyors, and includes any general plan which, at any time prior to the
commencement of this Act, has been accepted as a general plan by the
Surveyor-General or any of his predecessors;
"Government Surveyor" means the Surveyor-General and any public officer
employed in the office of the Surveyor-General and so appointed by the
Surveyor-General;
"land surveyor" means a person holding a licence;
"legal practitioner" means a person authorised to practise as a barrister and
solicitor under the provisions of the Legal Practitioners Act;
Cap. 30
"licence" means a licence issued under the provisions of section nine;
"local authority" means-
(a) a city council;
(b) a municipal council;
(c) a township council; and
(d) a district council;
"owner" means-
(a) the person registered as the proprietor of any land except where that
person has leased or sub-leased the land to another person for a
period not shorter than ninety-nine years less three days;
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(b) the person in whom the fee simple of any land is vested under a
registered deed;
(c) the lessee of State Land expressed to be for a period of fourteen
years or more;
(d) the lessee of land held under any other lease expressed to be for a
period not shorter than ninety-nine years less three days; and
(e) the allottee of land held under a provisional title and in process of
alienation by the President;
and includes the liquidator of any company which is an owner as aforesaid, and the
representative recognised by law of any owner as aforesaid who has died,
become insolvent, assigned his estate for the benefit of his creditors, or is
under any legal disability;
"parcel of land" means any piece or unit of land, enclosed within determinable
boundaries, which has been or is to be registered;
"prescribed" means prescribed by regulation made under the provisions of this Act;
"public place" includes any street, road, thoroughfare, sanitary lane, park, square
or other open space shown on a general plan of a township filed in the
Registry or in the office of the Surveyor-General and all other land in a
township the control whereof is vested, to the entire exclusion of the owner
thereof, in the President or a local authority or to which the owners of other
land in such township have a common right;
"Registrar" means the Registrar assigned to the Registry of Deeds in Lusaka under
the provisions of the Lands and Deeds Registry Act;
Cap. 185
"registration", in relation to any land, means the registration of any right in or to
such land, or of any document or plan relating to such land, in accordance
with the Lands and Deeds Registry Act; and "register" and "registered" shall
be construed accordingly;
Cap. 185
"Registry" means the Registry of Deeds, and any District Registry of Deeds,
established under the provisions of the Lands and Deeds Registry Act;
Cap. 185
"stand" means a parcel of land as originally surveyed within a township, but does
not include a public thoroughfare;
"State Land" means any land included within "State Lands" as defined in the Lands
Act;
Cap. 184
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"subdivisional survey" means a survey of a portion or portions of a registered
parcel of land;
"the Surveyor-General" means the Surveyor-General appointed under the
provisions of section four;
"township" means the area of-
(a) a municipality;
(b) a township;
"trigonometrical station" means a permanent mark in the form of a beacon, bolt or
mark cut into rock, stone, concrete, brick or wood, the position of which
permanent mark has been determined by or on behalf of the
Surveyor-General, and includes any such permanent mark as was on the
*(1)commencement of Act No. 44 of 1965 a trigonometrical control point
under the provisions of the Trigonometrical and Topographical Survey Act,
1958;
* 27th August, 1965.
(As amended by Nos. 44 and 69 of 1965, S.I. No. 65 of 1965 and No. 9 of 1973)
3. This Act shall only apply to any survey used for the purpose of effecting the
registration of any parcel of land, or for re-determining the position of a curvilinear
boundary or of any beacon defining the boundary of any registered parcel of land.
Application
PART II
ADMINISTRATION
4. (1) There shall be a Surveyor-General who shall be a public officer and land
surveyor.
Appointment of
Surveyor-General
(2) Subject to the general or special directions of the Minister, the Surveyor-General
shall-
(a) supervise and control the survey and charting of land for the purposes of
registration;
(b) take charge of and preserve all records appertaining to the survey of
parcels of land which have been approved;
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(c) direct and supervise the conduct of such trigonometrical, topographical and
level surveys, and such geodetic and geophysical operations, as the
Minister may direct;
(d) take charge of and preserve the records of all surveys and operations
carried out under paragraph (c);
(e) supervise the preparation of such maps as the Minister may direct from the
data derived from any surveys, and the amendment of such maps; and
(f) generally administer the provisions of this Act.
(3) All records and documents in the custody of the Surveyor-General shall become
the property of the Government, but approved plans and diagrams shall be available, for
the purposes of reference, to the public in the office of the Surveyor-General.
(As amended by S.I. No. 65 of 1965 and No. 9 of 1973)
*27th August, 1965.
5. Any Government surveyor may-
(a) examine and check survey records which have been lodged with the
Surveyor-General for approval, and reject the whole or any part of any such
records when his examination reveals inconsistencies in data outside such
limits as may be prescribed or doubt as to the standards of accuracy, or the
soundness of methods, employed in the survey concerned;
(b) examine all plans and diagrams of surveys of parcels of land before any
registration of such parcels is effected, and approve such plans and
diagrams if he is satisfied that such surveys have been carried out in such a
manner as should ensure accurate results, and that such plans and
diagrams have been prepared, and the boundaries of the land surveyed
have been defined, in the prescribed manner:
Provided that no such approval shall be given in contravention of any other written
law;
(c) on the diagram of any parcel of land attached to a registered document-
Powers of Government
surveyors
(i) define the geometrical figure representing any surveyed portion of
such parcel, the transfer of ownership of which has been lodged with
the Registrar for registration;
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(ii) define the geometrical figure representing any surveyed portion of
such parcel of land which has been declared a private township in
accordance with the provisions of the Town Planning Act, Chapter
123 of the 1959 Edition of the Laws;
and inscribe a certificate at some suitable place on the face or on the
reverse of such diagram reciting the numerical extents of the portion which
is to be so transferred and of the remaining portion of the original parcel of
land;
(d) cancel or appropriately amend any general plan or diagram found to be
incorrect;
(e) prepare, certify and issue, at the request of any person and on payment of
the prescribed fees, copies of approved diagrams filed in the office of the
Surveyor-General which are available to the public, and copies of diagrams
attached to registered documents;
(f) endorse, amend and, if necessary, correct any registered diagram or plan,
and sign such endorsement, amendment or correction.
6. (1) There is hereby established a Survey Control Board which shall consist of- Establishment of
Survey Control Board
(a) the Surveyor-General;
(b) one member appointed by the Minister from amongst public officers who
are land surveyors and nominated by the Surveyor-General;
(c) not more than two members appointed by the Minister from a panel of
names of land surveyors submitted by the representative body of land
surveyors in Zambia; and
(d) one member appointed by the Minister from amongst legal practitioners of
not less than five years' standing.
(2) The Surveyor-General shall be the Chairman of the Board, and, in case of his
absence from any meeting of the Board, the member appointed under paragraph (b) of
subsection (1) shall preside over such meeting.
(3) Three members of the Board shall form a quorum.
(4) The Minister may, in his discretion-
(a) revoke the appointment of any member of the Board made by him;
(b) appoint a land surveyor of his own choice temporarily to fill a vacancy on
the Board caused by the temporary inability of a member appointed under
paragraph (c) of subsection (1) to attend meetings of the Board.
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(5) The Board shall meet at the discretion of the Chairman or upon requisition in
writing addressed to the Chairman by one or more of the members.
(As amended by S.I. No. 65 of 1965 and No. 9 of 1973)
7. The duties of the Board shall be-
(a) to conduct examinations of and trial surveys by persons who desire to
become land surveyors;
(b) to keep a register of land surveyors;
(c) to hear complaints and to take such disciplinary action as may be
necessary against land surveyors in accordance with the provisions of this
Act;
(d) to make recommendations to the Minister relating to the making of
regulations under section forty;
(e) generally to control and regulate the practice of the survey profession.
Duties of Board
8. (1) Any person who, immediately before the commencement of this Act, held a
licence to practise as a land surveyor under the law then in force shall be entitled to be
granted a licence.
Qualifications and
application for grant of
licences
(2) Any person who is not entitled to be granted a licence under subsection (1) but
who-
(a) has attained the age of twenty-one years; and
(b) has passed an examination to the satisfaction of the Board demonstrating a
comprehensive knowledge of the provisions of this Act and of any
regulations for the time being in force thereunder; and
(c) holds-
(i) a licence to practice as a land surveyor in such country other than
Zambia as may be approved for the purpose by the Board; or
(ii) a degree in land surveying from a university approved by the Board;
or
(iii) a degree in geography, mathematics, physics or engineering from a
university approved by the Board, including a post-graduate diploma
or post-graduate qualification in land surveying; or
(iv) such other qualification from such educational institution as may be
approved by the Board; or
(v) has had such practical experience of land surveying in Zambia
extending to a period not less than five years as may be approved
by the Board;
and
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(d) has completed to the satisfaction of the Board, a trial survey set or
approved by the Board;
may apply for a licence.
(3) Any person entitled to be granted, or to apply for, a licence may make written
application in that behalf to the Board, and such application shall be accompanied by such
proof of such entitlement as the Board may require.
(4) Notwithstanding the provisions of subsection (2), the Surveyor-General shall be
entitled to be granted a licence if he satisfies the requirements of paragraphs (a) and (c) of
the said subsection.
(As amended by No. 9 of 1973. and No. 34 of 1974)
9. (1) Upon receipt of an application for a licence from a person mentioned in
subsection (1) of section eight, the Board upon being satisfied that such person is duly
entitled under the said subsection, shall issue to such person a licence.
Grant of licences
(2) Upon receipt of an application for a licence from a person mentioned in
subsection (2) of section eight, the Board shall, if satisfied of the qualifications of such
person and upon receipt of the prescribed fee and of a declaration in the form set forth in
the Schedule, grant a licence to such person.
(3) Licences granted under the provisions of this section shall be in such form as
may be prescribed.
10. (1) A land surveyor shall- Duties of land
surveyor
(a) carry out every survey undertaken by him in such a manner as will ensure
accurate results and in accordance with the provisions of this Act and any
regulations in force thereunder;
(b) be responsible to the Surveyor-General for the correctness of every survey
carried out by such land surveyor or under his supervision and of every
general plan and diagram which bears his signature;
(c) deposit with the Surveyor-General, for the purpose of being permanently
filed in the office of the Surveyor-General, such records as may be
prescribed relative to every survey carried out by him after the
commencement of this Act; and
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(d) when required by the Surveyor-General, without delay correct in any survey
carried out by such land surveyor after the commencement of this Act or in
any work appertaining thereto, any error which is in excess of the
prescribed limits of error and take such steps as may be necessary to
ensure the amendment of any diagram and general plan based on such
incorrect survey and to adjust the position of any beacon he has placed in
accordance with such incorrect survey.
(2) As soon as practicable after the commencement of this Act, the
Surveyor-General shall examine all such records as are mentioned in paragraph (c) of
subsection (1) before approving any general plan or diagram to which such records refer.
(3) Neither the Government nor any officer thereof shall be liable for any defective
survey or work appertaining thereto performed by a land surveyor, notwithstanding that a
general plan or diagram relating to such survey or work has been approved or accepted
for registration.
11. If a land surveyor, other than a Government surveyor-
(a) signs, except as provided in section thirty-four, a general plan or diagram of
any parcel of land in respect of which he has not carried out or personally
supervised the whole of the survey and field operations and carefully
examined and satisfied himself of the correctness of the entries in any field
book, and the calculations, working plans and other records in connection
therewith, which may have been made by any other person; or
(b) signs a defective general plan or diagram knowing it to be defective; or
(c) repeatedly performs, through negligence or incompetence, defective
surveys or surveys to which adequate checks have not been applied; or
(d) makes any entry in a field book, copy of a field book or other document
which purports to have been derived from actual observation or
measurement in the field when it was not in fact so derived; or
(e) supplies erroneous information to the Surveyor-General in connection with
any survey, boundaries or beacons of land knowing it to be erroneous; or
(f) is guilty of such improper conduct as, in the opinion of the Board, renders
him unfit to practise as a land surveyor;
the Board may impose upon him such of the penalties prescribed in subsection (1) of
section thirteen as it thinks fit.
Offences by land
surveyor
12. (1) Every complaint against a land surveyor shall be submitted in writing to the
Board and shall be signed by the person making the complaint, and, if it appears to the
Board that an inquiry is justified, the Board shall fix a time and date for the holding of such
inquiry.
Complaints against
land surveyors
(2) At least thirty days before the date fixed for the inquiry, the land surveyor against
whom the complaint has been made shall be notified, by registered letter sent to his last
known address, of the time, date and place fixed for the inquiry and shall be provided with
a copy of the complaint.
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(3) At an inquiry under this section the land surveyor against whom the complaint
has been made shall be entitled to be heard in his defence either personally or by his legal
representative.
(4) The Board shall have full power to summon witnesses and to examine them
upon oath or affirmation and to carry out any investigations concerning the complaint, and
may hold the inquiry whether or not such land surveyor appears before it or is represented
by his legal representative or has filed any reply to the notice prescribed in subsection (2).
(5) For the purposes of subsection (4), any member of the Board may administer an
oath or affirmation.
(6) The findings and decision of the Board on such inquiry shall be made in writing
and signed by the Chairman.
13. (1) If, after an inquiry, a land surveyor is found to be guilty of an offence under
section eleven, the Board may-
Powers of Board on
inquiries
(a) admonish such land surveyor; or
(b) suspend his licence for a period not exceeding three years, in which case
the Chairman of the Board shall enter the reasons for and period of such
suspension in the Register; or
(c) cancel his licence, in which case the Chairman of the Board shall remove
the name of such land surveyor from the Register; and
(d) in addition to admonishment or suspension or cancellation of his licence,
order such land surveyor to pay the cost of any correction to any survey
records which his conduct may necessitate.
(2) Any person whose licence has been suspended or cancelled under subsection
(1) may appeal to the Court whose decision shall be final.
(3) The Board may, in its discretion and subject to such conditions as it may deem
fit-
(a) reinstate any land surveyor whose name has been removed from the
Register; or
(b) cancel the suspension of a land surveyor's licence.
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(4) Notice of suspension or cancellation of a licence or of reinstatement or
cancellation of suspension of a land surveyor's licence shall be published in the Gazette.
(5) For the purposes of this section, "Register" means the register of land surveyors
kept under the provisions of paragraph (b) of section seven.
14. After the commencement of this Act, no person, except a land surveyor, shall-
(a) perform any survey for the purpose of preparing any diagram or plan to be
filed or registered in the Registry or referred to in any manner whatsoever in
any other document to be so filed or registered;
(b) perform any survey affecting the delimitation of the boundaries or the
location of the beacons of any parcel of land registered or to be registered
in the Registry; or
(c) hold himself out in any matter whatsoever as a land surveyor;
and any person who contravenes any provision of this section shall be guilty of an offence
and liable to a fine not exceeding three thousand penalty units.
(As amended by Act No. 13 of 1994)
Unauthorised practice
as surveyor
PART III
ORIGINAL SURVEYS AND RE-SURVEYS
15. If a land surveyor carries out a survey of any previously unsurveyed parcel or
parcels of land, he shall deliver or transmit to the Surveyor-General for examination and
filing-
(a) a plan approved by the Commissioner of Lands showing the boundaries of
such parcel or parcels of land or, in the case of land subject to the
provisions of the Town and Country Planning Act, a plan approved by the
appropriate town planning authority;
(b) such original records as may be prescribed relative to such survey, and any
other information which such land surveyor may consider material and
useful or which the Surveyor-General may require;
(c) where applicable, an agreement as to beacons and boundaries as
prescribed in section sixteen.
(As amended by No. 44 of 1965)
Original survey of land
Cap. 283
16. (1) An agreement as to beacons and boundaries (in this section referred to as
the agreement) shall be required-
Agreement as to
beacons and
boundaries
(a) when, in the course of an original survey abutting upon a previous survey,
or of a re-survey, or of a subdivisional survey, the data derived from the
later survey differ beyond the prescribed limits from the data obtained in the
previous survey;
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(b) in any survey performed for the purpose of settling a boundary dispute,
when such dispute has been resolved and new diagrams resulting from
such survey are to be registered.
(2) The agreement shall be, as far as practicable, in such form as may be
prescribed and shall be signed by the owner of the parcel of land under survey or his duly
authorised agent, by every contiguous owner or his duly authorised agent, and by two
competent witnesses to each signature, being persons of either sex above the age of
eighteen years, one of whom may be the land surveyor performing the survey.
(3) If any contiguous owner fails to sign the agreement within a period of one month
from the date upon which he or his duly appointed agent was called upon to sign the
agreement, the owner of the land under survey of his duly authorised agent shall serve
upon such contiguous owner or his duly authorised agent a notice in writing, informing him
that if he fails, within a further period of one month from the date of service of such notice,
to lodge with the Surveyor-General an objection to the boundaries or beacons of such
parcel of land as set forth in the agreement which he was called upon to sign, he will be
deemed to have agreed to such boundaries and beacons:
Provided that-
(i) if such contiguous owner is outside Zambia when so called upon to sign
such agreement and when so served with such notice, the periods of one
month shall be extended to three months;
(ii) if the address of any such contiguous owner cannot be ascertained by
diligent inquiries, the publication of such notice in an issue of the Gazette
and once each week during two consecutive weeks in a newspaper
circulating in the District within which such parcel of land is situate shall be
deemed to be service of such notice for the purposes of this subsection.
(4) The service of notice referred to in subsection (3) shall, subject to proviso (ii) to
that subsection, be effected by personal delivery or by registered post, and in the latter
case, the date of service shall be deemed to be the date upon which the letter containing
such notice would, in the ordinary course, reach the post office from which it is to be
delivered to the addresse thereof.
(5) Whenever-
(a) a contiguous owner has failed to sign the agreement; and
(b) the Surveyor-General has been satisfied by such proof as he may deem
necessary that the provisions of subsection (3) have been complied with;
and
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(c) no objection to any beacon or boundary adopted in the survey to which the
agreement relates has been lodged with the Surveyor-General by such
contiguous owner within the period mentioned in the notice served upon
him in terms of subsection (3); and
(d) the other requirements of this Act and the regulations have been complied
with in regard to the survey and resulting plans and diagrams;
a Government surveyor shall approve the survey to which the agreement relates.
(6) If any contiguous owner has failed to sign the agreement, and has, within the
period mentioned in any such notice as is referred to in subsection (3), lodged with the
Surveyor-General an objection to any beacon or boundary adopted in the survey in
question, the Surveyor-General may, if every person affected by such objection
undertakes in writing to accept the award of an arbitrator or arbitrators to be appointed by
the Surveyor-General as final and conclusive upon all matters in dispute in connection
with any beacon or boundary and in regard to the costs of or incidential to such arbitration,
appoint such arbitrator or arbitrators to determine such matters and costs and his or their
award shall thereupon be final and conclusive.
(7) If any person who has lodged an objection mentioned in subsection (6) fails to
give the undertaking therein referred to, he may, if he was in Zambia upon the date upon
which he was called upon to accept the award of an arbitrator or arbitrators as aforesaid,
within one month, and, if he was not in Zambia on such date, within three months after
such date, institute an action in the Court to determine any such matter, or, if the
President is one of the persons affected by such objection, proceed to arbitration in
respect of any such matter and, if he fails within such period to institute such action or to
proceed to such arbitration, as the case may be, he shall be deemed to have agreed to
such beacons and boundaries.
(8) For the purposes of this section, "contiguous owner" means the owner of any
land abutting upon the boundary under dispute.
(As amended by S.I. No. 65 of 1965)
17. (1) Whenever a dispute in regard to any boundary or beacon of contiguous
parcels of land has been finally determined by the judgment of the Court or by the award
of an arbitrator or arbitrators, the owners of any land affected by such judgment or award,
or such of them as may be specially directed thereby, shall take such steps as may be
necessary to produce an amended title to such land, and such amended title shall be
based upon a diagram correctly representing the boundaries and beacons of such land as
determined by such judgment or award.
Rectification of title
deeds after
determination of
boundary dispute
(2) Any judgment or award mentioned in subsection (1) shall determine in what
proportion the costs of any survey for the purpose of framing any diagram or otherwise
giving effect to such judgment or award, and of the amended title, shall be borne by the
owners of any land affected by such judgment or award.
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18. (1) Whenever it is established to the satisfaction of the Surveyor-General that
the diagram of any registered parcel of land or attached to any registered document (in
this section referred to as the existing diagram) does not correctly represent the
boundaries of such parcel of land-
Replacing incorrect
diagram by new
diagram after
re-survey
(a) the owner thereof may apply to the Surveyor-General for the cancellation of
the existing diagram and the approval in lieu thereof of a new diagram of
such land for registration; or
(b) the Surveyor-General may in writing call upon the owner thereof to arrange
within a specified period for a new approved diagram to be registered which
shall supersede the existing diagram;
and, in the event of an owner failing to comply with any requirement mentioned in
paragraph (b), the Surveyor-General may apply to the Court for orders to be made for the
execution of such obligations by the said persons:
Provided that the provisions of section sixteen shall, mutatis mutandis, apply in
regard to such new diagram and to all matters in connection therewith, or with the survey
upon which it is based, and that it shall not be approved unless the said provisions have
been complied with.
(2) A land surveyor performing the re-survey of land for the purposes of this section
shall, in addition to the other documents required by section sixteen to be delivered or
transmitted to the Surveyor-General, deliver or transmit to him for the purpose of being
filed for record in the office of the Surveyor-General a report with an explanatory plan,
clearly setting forth the degree or particulars in which such re-survey differs from the
survey upon which the existing diagram or diagrams was or were based as disclosed by
such diagram or diagrams and containing such other information as such land surveyor
may deem useful or the Surveyor-General may require.
(3) Upon receipt by the Surveyor-General of an application from the owner, or upon
the Surveyor-General calling on the owner to arrange for the registration of a new diagram
under subsection (1), the Surveyor-General shall notify the Registrar accordingly, and no
registration of the land represented by such new diagram, or any portion thereof or
undivided share therein, shall be effected in the Registry until an amended title thereto has
been registered.
(4) If it appears from a re-survey under this section that an existing diagram is
correct, the Surveyor-General shall endorse thereon a certificate that the land represented
thereby has been re-surveyed and that the existing diagram has been found to be correct,
and thereupon the beacons and boundaries of such parcel of land shall be deemed to
have been lawfully established in accordance with section twenty-five:
Provided that the provisions of section sixteen shall, mutatis mutandis, apply in the
same manner as if such re-survey were a survey and as if such endorsement were an
approval of a diagram for the purposes of that section, and that such endorsement shall
not be made unless those provisions have been complied with.
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19. (1) Whenever- Re-survey of blocks of
land
(a) the owners of not less than one-half of a section or block of registered
parcels of land apply to the Surveyor-General for a re-survey of such
section or block; and
(b) the Surveyor-General reports that the boundaries of the several parcels of
land constituting such section or block are confused and need adjustment;
the Minister may order that such section or block be re-surveyed.
(2) No beacons or boundaries which have been lawfully established under section
twenty-five shall be affected by any re-survey or any other act performed under this
section.
(3) Whenever in the course of a re-survey ordered under this section a dispute
arises as to the boundaries of the parcel of land concerned, the Surveyor-General may
give notice in writing to every person who is a party to such dispute that he proposes to
appoint an arbitrator for the purpose of determining such dispute, and the provisions of
subsection (4) of section sixteen shall, mutatis mutandis, apply in regard to such notice.
(4) Any person to whom notice is given under subsection (3) may, if he was in
Zambia upon the date when such notice was served upon him, within one month, and, if
he was not in Zambia on such date, within three months after such date, institute an action
in the Court to determine such dispute, or, if the President is one of the parties to such
dispute, proceed to arbitration in respect thereof under the Arbitration Act; and if no such
person institutes any such action or arbitration proceedings within such periods, the
Surveyor-General may appoint an arbitrator to determine such dispute, and the award of
such arbitrator in regard to such dispute and in regard to all costs thereof or incidental
thereto shall be final.
Cap. 41
(5) The Minister may direct that the costs of any such re-survey be recovered by the
Surveyor-General proportionately from the respective owners in such manner as the
Minister may direct.
(6) Upon payment by an owner of any parcel of land of all costs due by him in
respect of a re-survey ordered under this section, a Government surveyor shall cancel the
existing registered diagrams of such parcel of land and shall issue for registration in lieu
thereof a new approved diagram.
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(7) A Government surveyor shall not approve a general plan representing any
parcels of land based upon a re-survey under this section until a copy thereof has been
available for inspection during a period of six weeks at his office and at the office of the
District Secretary of the District within which such land is situate, and until he has
published, in two consecutive issues of the Gazette and once every week during two
consecutive weeks in a newspaper circulating in such District, a notice stating his intention
to approve such general plan and calling upon persons interested who object to such
approval to lodge such objection with the Surveyor-General:
Provided that a Government surveyor may approve any such general plan, without
publishing such notice, if every owner of any land affected by such re-survey has agreed
in writing to such general plan or to the beacons and boundaries adopted in such
re-survey, or if such general plan is in accordance with a judgment or award under
subsection (4) in an action or arbitration proceedings to which every such owner was a
party.
(8) If, within four weeks of the date of the last publication of a notice under
subsection (7), no objection has been lodged by any person, other than a person who was
a party to an action or arbitration proceedings under subsection (4), a Government
surveyor may approve such general plan, and upon such approval, he shall, by Gazette
notice, declare that such general plan has been approved.
(9) If, within such period of four weeks, any such objection has been so lodged, the
provisions of subsections (6) and (7) of section sixteen shall, mutatis mutandis, apply:
Provided that a Government surveyor may approve and make use of a general plan
or general plans of such portions of the area re-surveyed as are not affected by such
objection and generally may take any steps in regard to such portions as if no such
objection had been lodged.
(As amended by S.I. No. 65 of 1965)
PART IV
SUBDIVISIONAL SURVEYS
20. No diagram of any portion of a registered unsurveyed parcel of land shall be
approved until a survey has been made of the whole of such parcel of land and a diagram
has been registered on the basis of such survey.
No diagram of portion
of unsurveyed land to
be approved
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21. When submitting to the Surveyor-General for approval the records of a
subdivisional survey, the land surveyor concerned shall deliver, in addition to any other
records-
(a) a plan showing the proposed subdivision or subdivisions approved by the
appropriate authority constituted under the Town and Country Planning Act
when the land is subject to the provisions of that Act;
(b) in the case of land leased from the President, a plan of the proposed
subdivision or subdivisions approved by the Commissioner of Lands.
(As amended by No. 44 of 1965 and S.I. No. 65 of 1965)
Approved plans of
proposed subdivisions
Cap. 283
22. (1) Whenever the owner of a surveyed parcel of land desires to subdivide the
same and to effect separate registration of one or more portions of such land, each of the
portions to be so registered shall be surveyed and a diagram thereof, prepared in
accordance with this Act, shall be submitted to the Surveyor-General for approval:
Subdivisional
diagrams
Provided that, if it is desired to effect a separate registration of the remaining extent
of such parcel of land, no diagram of such remaining extent shall be submitted to the
Surveyor-General or approved unless it be designated as a subdivision of the parcel of
land.
(2) Upon separate registration of any subdivision of a parcel of land being effected,
a Government surveyor shall, in accordance with the provisions of paragraph (c) of
section five, define on the copy of the registered diagram of the parcel of land so divided
belonging to the owner of such remaining extent, and on the copy of such diagram
registered in the Registry, the geometrical figure representing such subdivision, the
numerical extent thereof and the numerical extent of the remaining portion after deduction
of the subdivision from the parcel of land:
Provided that, in such cases as may be prescribed, such definition and deduction
may be made on a supplementary plan to be attached to the registered diagram or
registered separately instead of on such diagram.
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23. If a subdivisional survey discloses, in the opinion of a Government surveyor,
that-
(a) the numerical data derived from the subdivisional survey differ beyond the
prescribed limits of error from the numerical data on the diagram of the
parcel of land under subdivision, a Government surveyor shall not approve
a diagram based upon the subdivisional survey until the provisions of
section sixteen and subsection (2) of section eighteen have been complied
with in regard thereto and to all matters in connection therewith, as if the
parcel of land represented on the diagram based upon the subdivisional
survey were a parcel of land such as is referred to in the said section or
subsection:
Provided that every parcel of land, a beacon or boundary whereof has a
bearing on or reference to the parcel of land represented on such last
mentioned diagram, shall be deemed to be contiguous to such parcel of
land for the purposes of subsection (1) of the said section sixteen;
(b) the numerical data derived from the subdivisional survey differ from the
numerical data on the diagram of the land under subdivision upon which
any registration has been based, but not beyond the prescribed limits of
error, a Government surveyor shall, if satisfied that the subdivisional survey
has been more accurately performed than the previous survey of the land
under subdivision and that the positions of the beacons and boundaries
adopted in both such surveys are identical, approve a new diagram of the
parcel of land under subdivision or a diagram of any portion thereof
prepared in accordance with the subdivisional survey:
Provided that if a Government surveyor approves of a new diagram of
the whole parcel of land under subdivision, the provisions of subsection (3)
of section eighteen shall apply in regard to such new diagram.
Rectification of errors
ascertained by
subdivisional survey
24. When a surveyed and registered parcel of land is subdivided into one or more
precise fractions, a Government surveyor may withhold his approval of a diagram
purporting to represent an exact fraction of the total area of such surveyed and registered
parcel of land until he is satisfied that such total area has been redetermined by a
re-survey of the whole of such parcel of land in conjunction with the survey of the
subdivisional fraction or fractions.
Diagram of exact
fraction of land
PART V
BEACONS AND BOUNDARIES
25. (1) Notwithstanding anything contained in any written law, the position of any
beacon or boundary deemed in terms of this section to have been lawfully established
shall be unimpeachable, that is to say, it shall not be capable of being brought into
question in any court, and the Surveyor-General or Registrar shall not accept for filing or
registration any document which shows any beacon or boundary inconsistent with such
position.
Beacons and
boundaries lawfully
established
(2) A beacon or boundary shall be deemed to have been lawfully established-
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(a) when its position is in agreement with the position thereof adopted in a
re-survey and when a diagram based on such re-survey has been approved
in accordance with the provisions of section eighteen;
(b) when its position is in agreement with the position thereof adopted in an
original survey and when a diagram based on such original survey has
been approved in accordance with the provisions of section sixteen;
(c) when its position is in agreement with the position thereof adopted in a
subdivisional survey such as is referred to in paragraph (a) of section
twenty-three, and when a diagram based on such subdivisional survey has
been approved and registered in the Registry;
(d) when its position is in agreement with the position thereof adopted in a
re-survey in accordance with the provisions of section nineteen, and when a
general plan based on such re-survey has been approved;
(e) when its position is in agreement with an order of the Court.
26. (1) All beacons erected for the purpose or in consequence of any survey or
re-survey of land under this Act shall be substantially and durably constructed under the
supervision of, and in the position determined by, a land surveyor.
Manner and cost of
erecting beacons for
survey purposes
(2) Beacons shall be composed of such materials, and erected in such manner, as
may be prescribed.
(3) Subject to the proviso to subsection (4) of section twenty-eight, the cost of
erecting beacons, including the cost of determining their position by survey, when
necessary, shall be borne by the owner of the land surveyed or re-surveyed, who shall be
entitled to recover from the owner or owners of land contiguous to the boundaries
concerned a proportionate share of the cost of determining the position of and erecting
any beacon which is also a corner beacon of his or their properties.
27. Except with the consent of a Government surveyor, it shall not be lawful for any
person to place any fence post or fence anchor or any other erection, or to make any
excavation, within 1220 mm of any beacon or survey station:
No poles, etc., to be
placed near beacon
Provided that, subject to the provisions of section twenty-nine, the foregoing
provisions of this section shall not apply to-
(a) any township stand; or
(b) any parcel of land not exceeding 4.047 hectares.
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28. (1) Every owner of land shall maintain in proper order and repair, in accordance
with any regulations made under this Act, any beacon or mark defining a corner point of
his parcel of land, whether such beacon or mark was erected for the purpose of or in
connection with a survey or re-survey of such land under this Act or any prior written law,
or for the purpose of or in connection with a survey or re-survey of any land contiguous
thereto.
Repair of re-erection
of beacons
(2) If any such beacon or mark has not been maintained in proper order or repair, or
has been removed or obliterated, the Surveyor-General may, by delivery or by
transmission in a registered letter through the post, serve upon the owner of every parcel
of land whereof such beacon or mark indicates a corner point a notice in writing calling
upon him to arrange for the restoration of such beacon or mark to its correct position, or to
have it re-erected in the prescribed manner, as the case may be:
Provided that the restoration or the re-erection of any such removed or obliterated
beacon or mark shall be carried out by or under the immediate supervision of a land
surveyor.
(3) If a beacon or mark in respect of which notice has been given under subsection
(2) is not restored or re-erected within six weeks of the date upon which any such notice
was delivered or posted, the Surveyor-General may cause such beacon or mark to be so
restored or re-erected by a land surveyor.
(4) The owners of all parcels of land of which a beacon or mark indicates the corner
points shall be liable in equal shares for the costs of the repair, restoration or re-erection
of any such beacon or mark, and the Surveyor-General may recover from every such
owner his proportionate share of all costs incurred by the Surveyor-General under
subsection (3):
Provided that, if it is clearly established that any such owner, or the servant or agent
of any such owner, has damaged, removed or obliterated any such beacon or mark, the
entire costs of the repair, restoration or re-erection of such beacon or mark shall be borne
by such owner.
(5) In the case of a township, the local authority shall be responsible for the
maintenance of all reference marks and beacons of unalienated stands, and any
destruction of or damage to any such reference mark or beacon may be made good by
the Surveyor-General at the expense of such local authority.
29. (1) Any person who, without lawful excuse, the burden of proof whereof shall be
on him-
Offences and
compensation
(a) alters, moves, disturbs or wilfully damages or destroys any beacon, bench
mark, reference mark, signal or trigonometrical station intended to be
permanent and erected for the purpose of or in connection with any survey
operations, whether such beacon, bench mark, reference mark, signal or
trigonometrical station is upon his own land or not; or
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(b) erects any such beacon, except under the supervision of a land surveyor,
whether his intention is to alter the boundary line of any parcel of land or to
cause deception as to the boundary line or not;
shall be guilty of an offence and liable to a fine not exceeding two thousand penalty units
or to imprisonment for a period not exceeding six months, or to both; and the removal or
disturbance of any such beacon, mark or signal for the purpose of erecting another
beacon, mark or signal in its place shall not constitute a lawful excuse under this section
unless a land surveyor personally superintends such removal or disturbance and the
erection of such other beacon, mark or signal.
(2) For the purpose of awarding compensation under the law relating to criminal
procedure in respect of any damage caused by such offence, any beacon in connection
with which such offence was committed shall be deemed to be the property of any person
upon whose land or upon a boundary of whose land such beacon was situate; and any
bench mark, reference mark or trigonometrical station in connection with which any such
offence was committed shall be deemed to be the property of the Surveyor-General.
(As amended by Act No. 13 of 1994)
30. Any person who, for the purpose of carrying out any work which he may
lawfully perform, desires to remove or disturb any beacon or mark erected in connection
with the survey of land, may apply to the Surveyor-General for authority to effect such
removal or disturbance, and the Surveyor-General may thereupon authorise in writing
such removal or disturbance and, at the expense of such applicant, employ any land
surveyor personally to effect or supervise the removal or disturbance and subsequent
replacement of such beacon or mark or the erection or placing of any other mark to
indicate the position of such removed or disturbed beacon or mark, in such manner as the
Surveyor-General may direct.
(As amended by S.I. No. 65 of 1965)
Authority to remove
beacons
PART VI
GENERAL PLANS AND DIAGRAMS
31. Every general plan or diagram submitted for approval shall be prepared in
accordance with the requirements prescribed, and the numerical and other data recorded
thereon shall be within the prescribed limits of consistency:
Manner of preparing
general plans and
diagrams
Provided that a Government surveyor may approve a diagram prepared before the
commencement of this Act in accordance with any law or usage in force at the time of
such preparation.
32. No diagram of any parcel of land shall be accepted in the Registry in
connection with any registration therein of such land, unless such diagram has been
approved:
No registration of land
without approved
diagram
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Provided that, in the event of such approval being contingent upon any act being
subsequently performed in the Registry, the Surveyor-General may approve such diagram
provisionally, and, upon the performance of that act in the Registry, the Surveyor-General
shall finally approve such diagram when submitted to him.
(As amended by No. 44 of 1965)
33. (1) No general plan or diagram shall be approved unless its geometrical figure
and all the other data it contains are consistent with all details furnished in the approved
survey records of the parcel of land to which such general plan or diagram relates.
Consistency between
general plans or
diagrams and survey
records and signing
and approval thereof
(2) Subject to the provisions of section thirty-four, no general plan or diagram shall
be approved unless-
(a) it is prepared under the direction of and signed by the land surveyor or land
surveyors who carried out the respective survey; and
(b) it accords with such requirements as may be prescribed:
Provided that a general plan or diagram may be approved if it has been framed from an
approved general plan or from an approved diagram or diagrams or from approved survey
records filed in the Surveyor-General's office or registered in the Registry, without the
signature thereon of the land surveyor who signed the original general plan or diagram, if
he is not available or unreasonably refuses to sign the general plan or diagram so framed.
(No. 44 of 1965)
34. A Government surveyor may approve a general plan or a diagram which is not
signed by a land surveyor and which has been framed without any re-survey from an
approved general plan or general plans or from other approved survey records or from two
or more approved diagrams and which has been framed for the purpose of-
(a) a consolidation of two or more parcels of land; or
Approval of general
plan or diagram for
consolidation
purposes or
rearrangement of
boundaries
(b) a rearrangement of boundaries of one or more parcels of land.
(No. 44 of 1965)
35. Whenever the Surveyor-General is satisfied that-
(a) the whole or any part of a survey relating to any general plan has been
cancelled; or
Endorsement on
general plan
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(b) the numerical and other data recorded on any general plan have been
superseded by a re-survey or by a consolidation of parcels of land or by a
rearrangement of boundaries of one or more parcels of land;
he may insert an endorsement to that effect on such general plan.
(No. 44 of 1965)
36. If the Surveyor-General is satisfied that the diagram of any registered parcel of
land entirely fails to represent such land, or misrepresents it to such an extent that
damage or loss might result to any person who is or may become interested therein, he
may give notice of such fact to the Registrar and to the owner of such parcel of land, and
thereafter no further registration relating to such parcel of land or of any portion thereof or
undivided share therein shall be effected in the Registry until a new diagram thereof has
been approved and an amended title thereto has been registered in accordance with such
new diagram:
Registrar and owner to
be informed of
incorrect diagram
Provided that, if the Surveyor-General is unaware of the address of the owner of
such parcel of land, a publication of such notice in one issue of the Gazette and once
every week during two consecutive weeks in a newspaper circulating in the District within
which such parcel of land is situate shall be deemed to be sufficient notice to such owner
for the purpose of this section.
37. A Government surveyor may withhold his approval of a general plan or
diagram if he considers that any parcel of land represented thereon is not lawfully
provided with adequate access rights.
No approval for plan or
diagram of parcel of
land not provided with
access rights
PART VII
MISCELLANEOUS
38. (1) Aerial photography shall not be used for the purposes of land survey without
the written permission of the Surveyor-General.
Aerial photography
(2) A request for permission to make use of aerial photography for the purposes of
land survey shall be accompanied by a plan showing clearly the extent to which it is
intended to make use of such photography and specifying the extent of ground control to
be provided.
39. (1) A Government surveyor, a land surveyor and any other person generally or
specially authorised in that behalf by the Surveyor-General may, for the purpose of
performing any duties imposed by or under any written law relating to survey-
Powers of entry, etc.,
upon land
(a) enter upon any land with such assistants or servants, animals, vehicles,
appliances and instruments as are necessary for or incidental to the
performance of such duties;
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(b) place or erect any permanent beacon, bench mark, reference mark or
trigonometrical station, or any temporary flag, signal or other mark upon
such land or upon any building or structure erected thereon;
(c) make use of any natural material upon which no work has previously been
expanded and, except within a township, of any water, whether conserved
or not, found upon or in such land;
(d) cut any vegetation growing wild in the vicinity of any such beacon, mark,
station, flag or signal for the purpose of enabling observations to be made
thereto or therefrom:
Provided that-
(i) reasonable notice of the intention to exercise any of the powers conferred
by this subsection shall be given to the owner, or, if such owner is not in
occupation, to the occupier, of such land; and
(ii) as little damage and inconvenience as possible shall be caused by the
exercise of the said powers, and such owner or occupier shall be entitled to
compensation for any damage caused to or in any enclosed place, and for
any unreasonable damage caused to any other property belonging to such
owner or occupier.
(2) Any person who in any manner whatsoever prevents, obstructs or impedes, or
attempts to prevent, obstruct or impede, the exercise of any power conferred by
subsection (1), or who moves, obscures or destroys any flag, peg, signal or other mark of
a temporary character lawfully placed on any land in connection with any surveying
operations, shall be guilty of an offence and shall be liable to a fine not exceeding seven
hundred and fifty penalty units.
(3) The Minister may require that an easement in favour of the President protecting
any beacon, bench mark, reference mark or trigonometrical station, and ensuring an
unobstructed view to and from any such beacon, mark or station, shall be granted over
any land upon or near which any such beacon, mark or station is situate by the person
who may lawfully grant the same in respect of such land, and may cause such easement
to be registered against the title of such land:
Provided that the costs of such registration and reasonable compensation for the
depreciation, if any, in the value of the servient tenement by reason of the establishment
of such easement, shall be paid by the President.
(As amended by S.I. No. 65 of 1965 and Act No. 13 of 1994)
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40. The Minister may, by statutory instrument, make regulations prescribing-
(a) the fees to be paid by an owner of land for any survey of such land,
including any records relating to such survey, the manner in which and the
person by whom such fees may be taxed, the costs of such taxation and by
whom they shall be borne;
(b) the manner in which surveys shall be performed and the manner and form
in which the records of such surveys shall be prepared and furnished to the
Surveyor-General;
(c) the degree of accuracy to be obtained and the limit of error to be allowed in
surveys and re-surveys of land;
(d) the diagrams and general plans required in respect of all surveys of parcels
of land, the manner of preparing such diagrams and general plans, the
information to be recorded thereon and the number of such diagrams and
general plans to be supplied;
(e) the form and dimensions of beacons, reference marks, bench marks and
trigonometrical stations, the manner of marking the same for identification
and the manner of their construction, erection, protection, maintenance and
repair;
(f) the procedure to be followed in arbitration proceedings under this Act and
the powers and duties of arbitrators appointed thereunder;
(g) the manner in which surveys shall be based upon existing secondary and
tertiary triangulations;
(h) the manner of re-surveying stands in any township, or any part thereof, or
sections or blocks of land, other than such stands, for the purpose of
re-establishing the boundaries and the beacons thereof, and the manner of
recovering the costs of such re-surveys;
(i) the steps to be taken by the Surveyor-General to test the accuracy of
surveys, the records of which are lodged with him for approval and, in the
event of such surveys being inaccurate in the opinion of the
Surveyor-General, the action to be taken to ensure the rectification of the
survey and the records thereof;
(j) the testing of surveying instruments and of measuring tapes to be used in
the survey of land;
(k) the unit of measure to be used on general plans and diagrams;
(l) the manner in which the Survey Control Board shall conduct its meetings;
(m) anything which is to be prescribed under this Act;
and generally as to any matter appertaining to the surveying and charting of land and for
carrying out the objects and purposes of this Act.
(As amended by G.N. No. 274 of 1964)
Regulations
41. Notwithstanding anything contained in any other written law, the Minister may,
by statutory notice, specify the fees to be charged in respect of any act or matter required
or permitted to be performed or dealt with in or in connection with the office of the
Surveyor-General.
Fees of office
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42. (1) This Act shall bind the President in so far as any land surveyed or
re-surveyed or otherwise dealt with thereunder is State Land which has not been alienated
to any other person or which, having been so alienated, has been re-acquired by the
President, and, for the purpose of giving or serving any notice required or permitted to be
given under this Act in respect of State Land, the Surveyor-General shall be deemed to be
the owner thereof.
Act to bind President
(2) Where any land surveyed or re-surveyed or otherwise dealt with under this Act is
unalienated land in a former Reserve* or in Trust Land*(2), the President shall, for the
purposes of this Act, be deemed to be the owner thereof, and any notice required or
permitted to be given or served under this Act in respect of such land shall be given to or
served on the Surveyor-General.
* Also referred to as "customary area''. See meaning assigned thereto by section 2 of the Lands Act,
Cap. 184.
(As amended by S.I. No. 65 of 1965)
SCHEDULE
THE LAND SURVEY ACT
(Section 9)
DECLARATION
I, ..........................................................................................., do solemnly and sincerely declare that I will discharge the
duties of a land surveyor carefully and without partiality, fear, favour or affection, and will conform to all regulations defining
those duties which are now in force, or shall hereafter be established by competent authority.
....................................................................................................
Declared before me ................................................................................................................................................................
at .................................................................... this .............................................................. day of
............................................................., 19........
....................................................................................
Commissioner for Oaths
*Also referred to as "customary area''. See meaning assigned thereto by section 2 of the Lands Act, Cap. 184.
SUBSIDIARY LEGISLATION
THE LAND SURVEY REGULATIONS CAP. 188
ARRANGEMENT OF REGULATIONS
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PART I PRELIMINARYPART I
PRELIMINARY
Regulation
1. Title
2. Interpretation
3. Licences
4. Notification of postal address
5. Units of measure and conversion factors
6. Survey fees
7. Surveyor-General to be taxing officer
8. Fees of office
PART II CHECKING OF SURVEY WORKPART II
CHECKING OF SURVEY WORK
9. Surveyor-General may have field work checked
10. Testing of doubtful surveys
PART III FIELD WORKPART III
FIELD WORK
11. Information to be obtained prior to survey
12. Testing of instruments
13. Land surveyors to have a field book
14. Observation of horizontal angles
15. Surveys to be based on trigonometrical stations or reference marks
16. Determination of position of trigonometrical stations
17. Surveys by traverse
18. Surveys by triangulation from measured base
19. Devious connections
20. Survey stations and traverse points
21. Reductions of measurements
22. Orientation and position
23. Determination of azimuth by astronomical observations
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Regulation
24. Field checks
25. Classification of surveys and standards of accuracy
26. Verification of existing beacons and adoption of existing data
27. Line beacons
28. Accepted curvilinear boundaries
29. River boundaries from aerial photographs
30. Topography
31. Allowable difference between original and subsequent surveys
PART IV BEACONSPART IV
BEACONS
32. Beacons required
33. Beacon specifications
34. When beacon not required
35. Indicatory beacons
36. Restoration of missing or dilapidated beacons
37. Beacon to be numbered
38. Beacons and boundaries of parcels of land
PART V SURVEY RECORDSPART V
SURVEY RECORDS
39. Survey records required
40. Computations
41. Co-ordinates of a point on a straight line
42. Comparison of data
43. Report
44. Working plan
PART VI GENERAL PLANSPART VI
GENERAL PLANS
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45. When required
46. Materials, size, margins and accuracy
47. Scales
Regulation
48. Symbols for beacons
49. Co-ordinate grid
50. Title
51. Co-ordinates required
52. Statement of co-ordinates
53. Co-ordinates not required
54. Data required
55. Contiguous parcels of land
56. True North
57. Radius
58. Locality plan
59. River boundaries and topography
60. Connecting data
61. Description of beacons and stations
62. Dilapidated and untidy general plans
63. Signature and date
64. Amendments
65. Colours
66. Limits of inconsistency
67. Compiled general plan
PART VII DIAGRAMSPART VII
DIAGRAMS
68. Form, quality, size of paper and margins
69. Ink
70. Figure, scale, information and general style
71. Beacon letters and verbal definition
72. Numerical data
73. Official designations only to be shown
74. Geographical positions
75. Photographic and other copies
PART VIII MISCELLANEOUSPART VIII
MISCELLANEOUS
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Regulation
76. Surveys from aerial photographs
77. Unqualified assistants
78. Revocation of Land Survey Regulations
FIRST SCHEDULE-Certificate
SECOND SCHEDULE-Tariff of Fees
THIRD SCHEDULE-Surveyor-General's Charges
SECTION 39-THE LAND SURVEY REGULATIONS
Regulations by the Minister
Statutory Instrument
99 of 1971
156 of 1976
33 of 1978
179 of 1982
95 of 1991
158 of 1992
33 of 1994
66 of 1997
PART I PRELIMINARYPART I
PRELIMINARY
1. These Regulations may be cited as the Land Survey Regulations. Title
2. In these Regulations, unless the context otherwise requires- Interpretation
"angle", when used in relation to a figure on a diagram or general plan, means the
value of the interior angle within a closed figure made by the intersection of
two contiguous straight boundary lines of such figure, or by the intersection
of a straight boundary line with a theoretical line joining consecutive
beacons of the figure between which the boundary is curvilinear or by the
intersection of two such contiguous theoretical lines;
"arc of observation" means two successive rounds of horizontal observations taken
in opposite directions to each other with the telescope reversed for the
second round;
"figure of regular shape" means a rectangle, a right-angled triangle, or a
right-angled trapezium, whether or not one or more of its corners is cut off
by a right-angled triangle;
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"left bank of a river" means that bank of the river which is on the left side of the
watercourse when facing downstream;
"middle of river" means the line midway between the right and left banks;
"the Act" means the Land Survey Act; Cap. 188
"parent diagram" means the diagram of a parent parcel of land;
"parent parcel" means a parcel of land which is subdivided or a portion of which is
subject to easement rights;
"original diagram" means the registered diagram of a parcel of land which is to be
superseded by a new diagram for the purposes of rectification or
consolidation of title;
"registered diagram" means the diagram to which the current registered title of a
parcel of land relates;
"Registry" means the Registry of Deeds established under the Lands and Deeds
Registry Act;
Cap. 185
"right bank of a river" means the bank of the river which is on the right side of the
watercourse when facing downstream;
"side" when used in relation to a figure on a diagram, general plan or deed plan,
means the length of a straight boundary line represented thereon, or the
length of a theoretical line joining consecutive beacons between which the
boundary is curvilinear;
"subdivision" means a portion of a parcel of land, which parcel of land is
represented on a general plan or diagram deposited with the
Surveyor-General;
"trigonometrical station" means any station established in the systematic geodetic
survey of Zambia;
3. Every licence to practise as a land surveyor issued by the Board in accordance
with the provisions of section nine of the Act shall be in the form set forth in the First
Schedule.
Licence
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4. Every land surveyor shall furnish the Surveyor-General with a permanent
address in Zambia to which all correspondence despatched to him by mail is to be sent
and shall promptly notify the Surveyor-General of any change of such postal address.
Notification of postal
address
5. (1) The units of measure in all calculations and on all plans and diagrams shall
be-
Units of measure and
conversion factors
(a) the metre for linear distances;
(b) the hectare or square metre for areas;
(c) sexagesimal measure for angles and angles of direction:
Provided that the Surveyor-General may authorise the use of English measure for
any surveys commenced before the date of commencement of these Regulations and for
a period of six months thereafter:
Provided further that diagrams approved before the date of commencement of these
Regulations shall remain effective.
(2) To convert from English feet to metres the conversion factor to be used will be-
1 English foot = 0.304799472 metre.
6. Unless a land Surveyor and his client have agreed to other charges, the fees to
be paid for surveys undertaken by a land surveyor shall be in accordance with the Second
Schedule.
(As amended by S.I. No. 156 of 1976, No. 179 of 1982 and 182 of 1990)
7. Subject to the provisions of regulation 6, the Surveyor-General shall exercise all
the functions of a taxing officer in relation to fees charged by a land surveyor under the
tariff of fees prescribed in the Second Schedule.
Surveyor-General to
be taxing officer
8. The fees of office to be paid to the Surveyor-General shall be in accordance with
the Third Schedule.
Fees of office
PART II CHECKING OF SURVEY WORKPART II
CHECKING OF SURVEY WORK
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9. The Surveyor-General may at any time depute a land surveyor to-
(a) check in the field any survey made by another land surveyor under the Act
or any information recorded in connection with such survey; or
(b) test any surveying instrument or measuring bands used by another land
surveyor; or
(c) inspect and report upon the erection and maintenance of beacons in
accordance with the provisions of the Act and these Regulations.
Surveyor-General may
have field work
checked.
Cap. 188
Cap. 188
10. (1) (a) Whenever the Surveyor-General has reason to suspect that the
accuracy of any survey is not within the limits prescribed in regulation 25, he may, in
writing, call on the land surveyor responsible to admit or deny the suspected inaccuracy
within a period of thirty days from the date of such writing.
Testing of doubtful
surveys
(b) If the land surveyor admits the inaccuracy he shall, without delay, take the
appropriate steps to rectify his error as required by paragraph (d) of
subsection (1) of section ten of the Act.
Cap. 188
(c) If the land surveyor denies the inaccuracy he and the Surveyor-General
may agree upon another land surveyor, who may be an officer of the
Government, to be appointed to test the accuracy of the survey in question;
should the Surveyor-General and the land surveyor fail so to agree, the
Board shall appoint another land surveyor to test the survey.
(d) The land surveyor whose survey is to be tested may be present at his own
expense during the testing of the survey.
(2) Should a land surveyor, when called upon by the Surveyor-General in pursuance
of paragraph (a) of sub-regulation (1), fail either to admit or deny the inaccuracy of his
work, the Surveyor-General may, without further reference to such land surveyor, appoint
another land surveyor to test the survey.
(3) (a) In the event of the test survey proving to the satisfaction of the
Surveyor-General that the accuracy of the survey so tested is not within the prescribed
limits, the Surveyor-General may reject the whole or any portion of the survey and charge
the cost of the test to the land surveyor responsible for the inaccurate survey.
(b) Should the test survey prove to the satisfaction of the Surveyor-General
that the accuracy of the survey he had doubted is within the prescribed
limits and that the survey has been carried out in accordance with these
Regulations, the land surveyor responsible for the survey shall not be liable
for any portion of the costs of the test survey.
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PART III FIELD WORKPART III
FIELD WORK
11. (1) Before carrying out any survey a land surveyor shall provide himself with all
available information in respect of any previous surveys of the parcel of land to be
surveyed, and of all adjoining parcels of land.
Information to be
obtained prior to
survey
(2) The Surveyor-General will furnish this information to land surveyors free of
charge if it is available at his office.
12. (1) Every land surveyor shall ensure that all measuring bands used by him are
properly standardised at least once a year under the direction of the Surveyor-General,
and also that his theodolite and other instruments are in a proper state of adjustment.
Testing of instruments
(2) The Surveyor-General may call upon a land surveyor at any time to submit to
him any of his measuring bands or other distance measuring instruments for testing, and
a land surveyor may, if he so wishes, submit any of his measuring bands for testing at
lesser intervals than one year; such testing will be done free of charge.
(3) The Surveyor-General shall assign a distinctive number to each of the
measuring bands tested under his direction and, in the field notes of every survey, the
land surveyor shall quote the respective number or numbers so assigned to the measuring
band or bands used.
(4) The Surveyor-General may condemn any instrument or measuring band which
he considers unfit for survey work, or he may prescribe on what class of work any
particular instrument may be used.
13. (1) When carrying out a survey, every land surveyor shall keep and maintain a
field book, in such form and in such manner as the Surveyor-General may require, in
which he shall record the following information in connection with such survey-
Land surveyors to
have a field book
(a) the type and other particulars of the theodolites and other instruments used,
the official numbers of the measuring bands used, the tension applied to
the measuring bands in taking measurements and, where sag corrections
are to be applied, the weight of that particular measuring band;
(b) all angular observations, linear measurements, and the slope, temperature
and length involved in corrections for sag; when a measurement of length
exceeds the length of the tape used, each tape length shall be recorded in
the filed book;
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(c) the date on which the observations are made at each observing point,
entered above the column of readings;
(d) any special circumstances which may affect the quality of any observation,
noted in an appropriate position and, if possible, on the same page; and
(e) a full description of all beacons, whether placed or found, and other marks
used in the course of the survey; it shall be clearly stated whether each
beacon was found or placed, and in the former case a description of its
condition, as found and as left, shall be given.
(2) (a) All observations and measurements made in the field shall be recorded in
the field book clearly and legibly in pencil at the time of making such observations; the
contents of each page in the field book shall be shown in an index thereto.
(b) Any entries in the field book, other than those of actual observations or
measurements made in the field, shall be written in ink unless under
exceptional circumstances this is impracticable; entries of data for placing
new beacons shall be written in ink and cross-referenced to the pages
containing the computations by which such data were determined.
(c) On no account shall erasures be made in the field book; any alterations
must be made in the field, as the result of actual direct re-observations or
re-measurements, at the time of such re-observations or re-measurements,
and by drawing a line through the erroneous entry in such a way that the
original remains legible, the correct value of the entry being written outside
the erroneous entry and never across it.
(3) A field plan, not necessarily drawn to scale, with calculated data written in ink, or
a print of the general plan, may be used to record the placing of the internal beacons of a
block of stands in township, the actual measurements and observations made in the field
being recorded thereon in pencil.
14. (1) Observations of horizontal angles shall be made with the telescope in both
the direct and reversed positions for all rays longer than 300 metres, and on at least two
arcs where any ray is longer than five kilometres and these observations shall be
separately entered in the field book.
Observations of
horizontal angles
(2) Rounds of observations from any point shall be observed and fully recorded
alternately in clockwise and anti-clockwise order.
(3) Wherever practicable in the first round of observations at any point, the readings
recorded in the field book shall be approximately in the system of direction angles adopted
for the whole survey.
(As amended by S.I. No. 156 of 1976)
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15. All surveys are to be based on trigonometrical stations or reference marks
whenever practicable, and shall be on such system or projection as the Surveyor-General
may direct.
Surveys to be based
on trigonometrical
stations or reference
marks
16. The position of a trigonometrical station or reference mark which is not used on
a survey shall be determined precisely in relation to the beacons of the parcel of land
being surveyed when it is on that parcel, or outside the parcel but within 300 metres of the
nearest beacon or station used in the survey.
Determination of
position of
trigonometrical
stations
17. (1) The direction angles of rays used for orienting and adjusting the direction
angles of traverses shall be determined by independent closed traverses, or by
triangulation, or by direct astronomical observation.
Surveys by traverse
(2) In any traverse-
(a) the direction angles shall be controlled and adjusted at intervals not
exceeding fifteen kilometres measured along the traverse lines;
(b) when the traverse is an extension from an existing survey system and is
closed on to its starting point without any other control rays, at least two
rays shall be used for orienting and closing the traverse direction angles
and the length of one of those rays shall not be less than either 200 metres
or the direct distance between the starting point and the point furthest from
it in the traverse, whichever is the less;
(c) when the traverse extends more than three kilometres between the stations
controlling the direction angles, the angles or angles of direction shall be
the mean of at least two arcs taken at each station.
(3) When two traverse lines in the same survey are in very close proximity to one
another each line shall be measured entirely independently of the other including the
vertical angles for slope corrections.
18. (1) If in any survey it is necessary to measure a base line for the initiation of a
local triangulation system, the length of the measured base used for such triangulation
shall not be less than 10 per centum of the perimeter of the land containing the beacons
determined from such base:
Surveys by
triangulation from
measured base
Provided that-
(i) the length of the base need not exceed 1,000 metres; and
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(ii) the Surveyor-General may, in exceptional circumstances, approve the use
of a shorter base.
(2) (a) A base line used for any triangulation survey shall be measured at least
twice, in opposite directions, or once in two sections, not necessarily in the same straight
line, the lengths of which sections shall be compared with each other through subsidiary
triangles. The angles of slope shall be independently observed for each such linear
measurement.
(b) Should a difference greater than 1:10,000 between any two base line
measurements result after all corrections have been made, the base line shall again be
measured until the resultant difference between any two measurements does not exceed
that limit.
(c) A check base not less than one-third of the length of the base line shall be
measured when the distance between the extreme triangulation stations exceeds twenty
kilometres:
Provided that a traverse may be used as a check base, in which case the direct
distance between the traverse terminals shall not be less than one-third of the length of
the base line.
19. In a survey of one or more parcels of land exceeding 10 hectares in extent the
sum of the lengths of the traverse lines of the shortest surveyed connection between any
two beacons or stations marked in a permanent manner shall not exceed 5d where d is
the direct distance between the two points.
Devious connections
20. All favourably situated triangulation and traverse stations used in a survey
which are not likely to be disturbed shall be marked in a permanent manner preferably by
iron pipes or pegs or wire nails not less than 150 millimetres long.
Survey stations and
traverse points
21. Except when otherwise required by the Surveyor-General, all linear
measurements shall be adjusted for standardisation, temperature, tension, slope and sag,
and only those measurements made in the course of a survey, which is based on
trigonometrical stations, shall be reduced to sea level and corrected for projection
enlargement.
Reductions of
measurements
22. When the survey of a piece of land is not based on trigonometrical stations, the
direction of true north shall be determined as accurately as possible by astronomical
observation or, if not derived from other sources and at the discretion of the
Surveyor-General, by magnetic needle. The manner in which the true north has been
determined shall be recorded in the field book and stated in the report on survey.
(As amended by 156 of 1976)
Orientation and
position
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23. (1) Any azimuth determination by astronomical observation with a theodolite for
purposes of orienting or closing the direction angles of a traverse or orienting the direction
angles of a triangulation scheme of a survey shall be the mean of the computed results of
an equal number of separate sets of observations taken on opposite sides of the meridian.
Determination of
azimuth by
astronomical
observations
(2) The sun instead of stars may be observed only if weather conditions preclude
observing at night.
(3) The final result shall be the mean of the separate determinations of at least two
sets of observations taken on each side of the meridian; unless otherwise authorised by
the Surveyor-General, no such determination shall be used if they vary by more than ten
seconds of arc from any other determinations used from the same side of the meridian.
(4) Pairing of East and West stars in regard to altitude is to be obtained to a
reasonable degree to the satisfaction of the Surveyor-General.
24. (1) Every land surveyor shall perform sufficient field work to enable him to apply
a thorough check to every part of his survey.
Field checks
(2) Unless checks considered adequate by the Surveyor-General are applied the
position of no point shall be determined by-
(a) a single triangle when the angle at the point being determined is less than
30 degrees or greater than 150 degrees;
(b) resection from less than four favourably situated points;
(c) a single direction and measured distance from a survey station or beacon;
(d) intersection by less than three suitable rays.
(3) When the position of a point is determined by a single triangle the angles or
direction angles used in the calculations shall be the mean of at least two arcs taken at
each point and the angles deduced from the final co-ordinates after the point has been
calculated, shall be compared with the angles derived from the second arc as recorded in
the field book in order to guard against gross error.
25. (1) Surveys shall be classified as follows: Classification of
surveys and standards
of accuracy
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Class A refers to surveys to determine the position of township control or reference
marks;
Class B refers to surveys in townships;
Class C refers to surveys not included in Class A and Class B
(2) (a) The misclosure in a traverse shall not exceed
(i) for Class A, 1:12,000
(ii) for Class B, 1:8,000
(iii) for Class C, 1:4,000:
Provided that a reasonable misclosure shall be allowed in the case of short
traverses.
(b) The misclosure for a traverse made solely to survey a curvilinear boundary
or a photo-control point shall be commensurate with the plottable accuracy
that can be achieved at the scale of the final plan.
(3) The field operations shall conform with current survey practice using instruments
and methods commensurate with the class of survey and standard of accuracy required.
(4) Notwithstanding the provisions of sub-regulation (2) the Surveyor General may
stipulate in writing other standards of accuracy in special cases.
(As amended by S.I. No. 156 of 1976)
26. (1) The positions of all existing beacons or stations established in previous
approved surveys which are to be adopted in a new survey shall be verified.
Verification of existing
beacons and adoption
of existing data
(2) The verification of the position of an existing beacon or station shall be effected
by determining its position in relation to at least two other beacons or stations established
in previous surveys and comparing the data so determined with the respective data of the
previous surveys. The minimum requirement for this purpose shall be the distance from
the beacon being verified to another beacon or station and the angle which that line
makes with a ray to a third beacon or station.
(3) The position of an existing beacon or station shall be deemed to be verified if its
position as redetermined in the new survey in relation to the positions of all other beacons
or stations of previous surveys which are also redetermined in the new survey does not
differ from the respective data of the previous surveys by more than the following limits:
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0.03 metre or d whichever is the greater where d is the
3,000
distance in metres between the two beacons or stations as derived from the later survey. Should the
differences be greater than these limits and the land surveyor is satisfied that the beacons or stations have
not been disturbed, then he shall refer the matter to the Surveyor-General.
(4) The co-ordinate value of any survey station or beacon, whose position on the
trigonometrical system or other system approved by the Surveyor-General has been
determined in a manner and with a degree of accuracy acceptable to the
Surveyor-General, may be used by any land surveyor in any subsequent survey after
verification of its ground position to ensure that it has not been disturbed.
27. (1) The greatest care shall be taken to ensure that existing line beacons are in
fact on line and that new line beacons are accurately placed on line between the
terminals.
Line beacons
(2) When a beacon is to be placed on line between two beacons placed in an
approved previous survey and its distance from the nearer of those beacons does not
exceed one-fiftieth of the distance between them it shall not, in any of the following cases,
be necessary to determine the line to the further terminal beacon-
(a) when it is possible at the nearer terminal beacon to lay out the direction
angle of the line from another beacon or station of the previous survey or
from a point, the position of which is accurately related to the nearer
terminal beacon and that other beacon or station of the previous survey;
(b) where the positions of the nearer terminal beacon and that other beacon or
station of the previous survey are verified in the manner prescribed in
regulation 26;
(c) where the distance between the nearer terminal beacon and the other
beacon, survey station or point from which the direction angle of the line is
laid out is not less than the distance between the terminal beacon and the
new beacon being placed on line.
(3) When an existing beacon placed in a previous survey is moved on to a line
between two other existing beacons it shall where practicable be placed at the intersection
with that line of the other boundary line of which that beacon is a terminal provided that if it
is a terminal beacon of more than one other boundary line the beacon shall be placed in
the mean position of intersection of those other boundary lines with the said line.
(4) For the purpose of this regulation a beacon shall be deemed to be on a
boundary line between two beacons when, in the checking of its alignment in a
subsequent survey, its displacement from the line is proved to be not greater than-
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0.05+0.0005d metres
with a maximum of one metre
where d is the distance in metres between such beacons and the nearer terminal beacon
thereto of the said boundary line.
28. (1) Except with the prior consent of the Surveyor-General, a regular curve shall
not be adopted as a boundary of a new parcel of land.
Accepted curvilinear
boundaries
(2) The only irregular curvilinear boundaries which are normally permitted are the
right bank or left bank of clearly defined and permanent watercourses. The provisions of
this section shall not apply to existing irregular curvilinear boundaries represented on
diagrams approved prior to the date of commencement of these Regulations:
Provided that any natural or artificial feature or contour line may, with the approval in
writing of the Surveyor-General, be used in special cases.
(3) At the discretion of the Surveyor-General an irregular curvilinear boundary
determined in a former survey may be adopted in a subsequent survey, and, where
possible, it shall be abstracted from the curvilinear boundary plan which is supplementary
to the working plan.
29. River boundaries may be determined from near vertical air photographs
provided that the methods, control and equipment to be used have the prior approval of
the Surveyor-General in each and every instance.
River boundaries from
aerial photographs
30. Where it is not possible to obtain sufficient and accurate topographical detail
from existing maps the Surveyor-General may require the land surveyor to make sufficient
observations and measurements and comprehensive sketches in the field to enable him
to fill in with reasonable accuracy on the general plan and diagram the topographical
features of the land surveyed, particularly prominent hilltops, watercourses, buildings,
bridges, dams, springs, roads and railways. Such topography in the neighbourhood of
beacons is to be determined with special care. The provisions of this regulation need not
apply to parcels of land less than five hectares in extent.
Topography
31. For the purposes of section sixteen of the Act the limit of disagreement
between the later and previous surveys is 0.05 square root d where d represents the
distance in metres between any two beacons.
Allowable difference
between original and
subsequent surveys
PART IV BEACONSPART IV
BEACONS
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32. Subject to the provisions of regulation 34, every corner point of a parcel of land
shall be marked with a beacon.
Beacons required
33. (1) The standard beacon shall consist essentially of an iron peg at least 12
millimetres in diameter, or an iron pipe at least 12 millimetres in internal diameter, and at
least 400 millimetres in length set vertically in concrete not less than 200 millimetres cube.
The top of the peg shall not extend more than 10 millimetres above the top surface of the
concrete which shall be flush with the surface of the ground:
Beacon specifications
Provided that-
(a) where the ground is soft or sandy the iron peg or pipe shall be at least 600
millimetres in length; and
(b) where the ground is rocky and it is not possible to drive in an iron peg at
least 400 millimetres in length, a shorter peg may be grouted into the rock
or a hole at least 12 millimetres in diameter and 20 millimetres in depth may
be drilled in solid rock.
(2) The standard beacon shall be used for parcels less than one hectare in extent.
(3) For parcels between one and one hundred hectares in extent, a cairn of stones,
bricks or concrete not less than 300 millimetres in diameter and height shall be erected
over the standard beacon.
(4) For parcels more than one hundred hectares in extent, a cairn of stones, bricks
or concrete not less than 750 millimetres in diameter and height shall be erected over the
standard beacon. In addition, the beacon letters and numbers allocated to the land
surveyor in accordance with the provisions of regulation 37 shall be clearly and
permanently marked on the beacon.
(5) In localities where stones are not available the cairns referred to in
sub-regulations (3) and (4) may be replaced by excavating a circular trench, at a radius of
one metre from the beacons to a depth and width of 300 millimetres, and the excavated
earth shall be piled in a symmetrical mound over the beacon. In addition, for parcels more
than one hundred hectares in extent-
(a) trenches, 2 metres in length and to a depth and width of 300 millimetres,
shall be excavated along the boundary lines meeting at the beacon; and
(b) a hardwood pole at least one and a half metres in length and 150
millimetres in diameter shall be planted in the middle of the mound.
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(6) The Surveyor-General may authorise types of beacons other than as prescribed
in this regulation.
34. (1) When the corner point of a parcel of land coincides with the corner of a
building, the corner of the building shall be adopted as a substitute for the beacon and
such circumstance shall be recorded on the diagram, the general plan where such is
required, and the working plan.
When beacon not
required
(2) When the corner point of a parcel of land does not coincide with, but is in such
close proximity to the corner of a building or some other permanent obstruction that the
placing of a beacon would be impracticable, the position of such corner in relation to the
point which the centre of the beacon should occupy shall be determined and clearly
indicated on the diagram and on the general plan, if such is compiled, by a diagrammatic
representation with numerical data in an inset.
(3) When a strip of uniform width, not exceeding 100 metres, is surveyed for the
registration of easement rights, it shall only be necessary to beacon one side of the strip
or a line parallel thereto within the strip.
(4) The Surveyor-General may waive the requirement to erect or restore any
beacon, when it is evident that such beacon would serve no useful purpose.
35. (1) Where the position of a previously surveyed beacon has been rendered
inaccessible or unsuitable since it was originally placed or when a new corner point of a
parcel of land falls on inaccessible ground or in a place where it is likely to be damaged or
destroyed, such as in a river, stream, dam, swamp, railway track, road or street, its
position shall be indicated on the ground by a beacon erected on the straight boundary
line passing through that beacon or by beacons erected on the straight boundary lines
meeting at the said point and as near thereto as is deemed desirable in the interests of
their preservation, and the distance between such indicatory beacons and the point they
indicate shall be furnished on the general plan.
Indicatory beacons
(2) (a) A beacon placed to define the point of intersection of a rectilinear boundary
with a curvilinear boundary shall be erected as near to the curvilinear boundary as the
nature of the land will permit without endangering the preservation of the beacon.
Whenever practicable, the beacon shall be on the same side of the curvilinear boundary
as is the parcel of land of which it is a beacon.
(b) The distance from the indicatory beacon to the corner point it indicates shall be
furnished on the general plan to the nearest metre.
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(3) When a beacon has been removed under the authority of the Surveyor-General,
and it is not possible or advisable to replace it in its original position, an indicatory beacon
shall be placed on each of the straight boundary lines meeting thereat. The placing of
such indicatory beacons shall be effected by, or under the supervision of, a land surveyor,
who shall furnish the Surveyor-General with such information as he may require, and the
position of the indicatory beacons shall be recorded on the relative general plans as
prescribed in sub-regulation (1).
36. (1) When a parcel of land which has been previously surveyed is being
resurveyed or subdivided, the land surveyor shall rebuild in its original position to the
appropriate standard prescribed in regulation 33, any beacon defining the limits of that
parcel of land being surveyed which is missing, dilapidated or found to be in a state not
complying with the said prescribed standard even though it might be apparent to the land
surveyor that the condition of the beacon has not deteriorated since it was originally
constructed and that it still conforms to the standard which was required at the time of the
original survey.
Restoration of missing
or dilapidated beacons
(2) If it should come to the knowledge of a land surveyor in the course of his work
that any bench mark, reference mark, trigonometrical station or beacon of a parcel of land
which he is not surveying has been damaged, destroyed, removed, altered in position or
fallen into disrepair, he shall immediately report the circumstances to the
Surveyor-General.
(3) If a land surveyor repairs or rebuilds a damaged or dilapidated beacon he shall
supply the Surveyor-General with a description of the repaired beacon.
(4) When a land surveyor has replaced a missing beacon he should report forthwith
the circumstances to the Surveyor-General, and shall submit to that officer, for
examination and filing, the survey records relative to such replacement.
37. Every beacon placed shall be alloted a distinctive letter and number to
distinguish it from other beacons in its vicinity.
(As amended by S.I. No. 156 of 1976)
Beacons to be
numbered
38. (1) No surveyed parcel of land shall have less than three corner or indicatory
boundary beacons.
Beacons and
boundaries of parcels
of land
(2) The distance between consecutive beacons on any boundary of a parcel of land
shall not exceed 3 kilometres in length except with the written consent of the
Surveyor-General.
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PART V SURVEY RECORDSPART V
SURVEY RECORDS
39. In addition to the field book, the survey records shall consist of-
(a) the computations;
(b) a report;
(c) a working plan; and
(d) such photographs, documents and plans as the Surveyor-General may
require.
Survey records
required
40. (1) Every land surveyor shall by his computations apply an efficient check to
every part of his survey. These checks shall be clearly indicated by means of
cross-references or concise statements.
Computations
(2) Computations shall be clearly and legibly written and shall be in such form and in
such manner as the Surveyor-General may direct. Each sheet shall be numbered and
reference shall be made to the page or pages in the field book or the place elsewhere in
the computations from which the data have been obtained.
(3) The computations of a survey shall include-
(a) a complete list of the final co-ordinates of every point fixed or adopted in the
survey and reference shall be made in the list to that page of the
calculations on which the co-ordinates have been computed; in the case of
co-ordinates adopted from another survey the respective survey records
number shall be quoted; and
(b) a consistency calculation in respect of each irregular shaped parcel of land
represented on a general plan or diagram.
(4) The rectilinear, curvilinear and total areas shall be given with the consistency
calculation.
41. In determining the co-ordinates of a point on a straight line they shall be
calculated from the nearer of the two terminals to the point.
Co-ordinates of a point
on a straight line
42. In all surveys which include previously surveyed rectilinear boundaries, a
comparison shall be made between the data thereof as determined in the new survey and
the respective data furnished on the original diagrams or general plans of the former
surveys. Such comparison may be in the form of a drawing on which original data shall be
shown in black and the data determined in the new survey shall be in red.
Comparison of data
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43. The report shall include reference to-
(a) assistants employed;
(b) the purpose and instruction for the survey;
(c) methods adopted and standards of accuracy obtained;
(d) source of adopted co-ordinates or other data;
(e) comparison with previous surveys;
(f) alignment, replacement and rebuilding of beacons;
(g) encroachments, if any;
(h) any other matters which may be considered material or useful.
Report
44. (1) The working plan, the minimum size of which shall be 300 millimetres by
200 millimetres, shall be neatly drawn to scale in ink on approved material and in such
form as the Surveyor-General may direct, with a title which shall include the designations
of all the parcels of land surveyed and on it shall be recorded in the appropriate positions
in or adjoining the geometrical figures the following:
Working plan
(a) the designations of each parcel of land represented on the plan;
(b) the designations of all contiguous parcels of land as at the time of the
survey;
(c) every beacon, reference mark, traverse point or other station, whether
permanently marked or not either found or connected to, used or placed in
the survey and the designation of each such beacon, reference mark,
traverse point or other survey station;
(d) all boundary lines;
(e) the curvilinear boundaries;
(f) all lines used in the determination of curvilinear boundaries;
(g) the scale on which the working plan is plotted;
(h) the axes of co-ordinates;
(i) the relevant topographical features of the ground;
(j) the straight lines between beacons indicatory to curvilinear boundaries
which shall be broken black lines, used in the determination of the
curvilinear area.
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(2) There shall also be shown in suitable places on a working plan-
(a) explanatory insets when it is necessary to show details which cannot be
clearly shown on the main figure. Such insets need not be to scale;
(b) a description of every beacon and survey station or point either found and
connected to or placed in the course of the survey;
(c) the direction of the true North.
(3) Information shall be depicted on working plans as follows:
(a) all boundaries shall be shown in black, continuous for the parcels surveyed
and broken for others;
(b) all measured lines shall be shown in red; when the measured line is a
boundary line, it shall be drawn in red as close as possible to the black line;
(c) beacons placed in the course of the survey shall be indicated by small
black circles; beacons found, verified and adopted shall be indicated by two
concentric circles in black, and beacons found and connected to but not
adopted by two concentric circles in black with a line drawn through them;
(d) all observed rays not coinciding with measured lines in fine blue lines in ink
and all rays observed in one direction only by blue lines broken towards the
end not observed;
(e) all traverse points and other survey stations except triangulation stations,
shall be indicated by small red circles, and where such points and stations
were established in previous surveys and have been verified and adopted,
they shall be indicated by two concentric circles in red;
(f) triangulation stations shall be indicated by small circles inscribed in
triangles in red and where such stations were established in previous
surveys and have been verified and adopted they shall be indicated by
circles enclosing the triangles with small interior circles all in red;
(g) any base line measured for the purpose of the survey shall be indicated by
two parallel lines ruled close together in red;
(h) trigonometrical stations shall be indicated by small circles inscribed within
triangles all in black;
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(i) reference marks shall be indicated by crosses inscribed in circles, both in
red;
(j) theoretical points by small green circles.
(4) (a) Beacons which are used as survey stations shall be shown only in the
manner prescribed for beacons.
(b) Beacons which are also trigonometrical stations shall be shown only in the
manner prescribed for the latter.
(c) Triangulation stations which are also used as traverse stations shall be shown in
the manner prescribed for triangulation stations.
(5) Irregular curvilinear boundaries shall be accurately plotted on approved material
to a scale not smaller than 1:10,000 and in addition to adjoining beacons, it shall show all
traverse points and lines, offset lines and other sight rays employed for the determination
of the curvilinear boundary.
(6) The working plan shall be signed by the responsible land surveyor(s) under the following certificate:
"Surveyed by me/us in accordance with the Land Survey Act and Regulations.
..............................................................
Land Surveyor(s)
..............................................................
Date of Survey "
PART VI GENERAL PLANSPART VI
GENERAL PLANS
45. (1) A general plan shall be submitted in such form as the Surveyor-General
may direct.
When required
(2) For single parcels and in special cases the Surveyor-General may accept
diagrams of each parcel in lieu of a general plan where the diagrams show full data.
46. (1) A general plan shall be neatly drawn with approved black ink on approved
material measuring not less than 297 millimetres by 385 millimetres or larger than 800
millimetres by 1 metre:
Materials, size,
margins and accuracy
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Provided that the Surveyor-General may allow other sizes in special cases.
(2) When more than one sheet is required for a general plan, each sheet shall be
complete in itself but they need not necessarily be of the same size.
(3) No writing or drawing, except endorsements added by the Surveyor-General,
shall encroach upon the margins of a general plan, which margins shall be 100 millimetres
wide along the right-hand edge and 30 millimetres wide along the other edges.
(4) The misplotting of any beacon or boundary shall not exceed 1 millimetre.
47. (1) A general plan shall be plotted to one of the following Scales: Scales
1:1,000; 1:1,250; 1:2,500; 1:5,000, or any one of the above in which the denominator
is multiplied or divided by an integral power of 10.
(2) In special cases the Surveyor-General may authorise the use of other scales.
(3) The size of each figure shall be sufficiently large for all essential information to
be adequately represented thereon and generally shall be not less than 650 square
millimetres. If necessary insets may be drawn of one or more figures or part of a figure.
(As amended by S.I. No. 156 of 1976)
48. The following symbols shall be used on a general plan: Symbols for beacons
Boundary and Indicatory Beacons-small circle
Trigonometrical Beacons-small circle inscribed in a triangle
Reference Mark-cross inscribed in a small circle.
49. On a general plan the co-ordinate grid shall be indicated by short lines at the
extremities and, where convenient, at the intersections and the value of each line shall be
stated.
Co-ordinate grid
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50. Every general plan shall have a title which shall include the scale, the
designations of the parcel shown, the Province, District and, if applicable, the name of the
city, municipality, township, registry block or other numbering area.
Title
51. (1) There shall be recorded on a general plan the rectangular co-ordinates to
two decimal places of a metre of-
Co-ordinates required
(a) every corner point defining the outside rectilinear figure;
(b) the centre of any circular curve defining a boundary;
(c) any reference mark or trigonometrical station which can be plotted on the
plan;
(d) the corner points of each block of lots or stands:
Provided that in the case of a splayed corner, the co-ordinates of the
apex instead of the two corner points at the base of the splay may be
recorded, in which case distances connecting the apex to such corner
points shall be recorded;
(e) every corner point defining the rectilinear figure of any parcel which is more
than 10 hectares in extent;
(f) any indicatory beacon defining a corner point referred to in sub-paragraphs
(a), (b) and (e);
(g) every corner point required for connecting data;
(h) any other points required by the Surveyor-General.
(2) In special cases, the co-ordinates may be expressed to a lower degree of
accuracy on the written authority of the Surveyor-General.
52. (1) The algebraic sign "+" or "-" shall be written before each ordinate and in the
tabulated list of co-ordinates the Ys shall always appear in the left and the Xs in the
righthand column, and it shall be distinctly stated above the co-ordinate column which are
the Ys and which are the Xs:
Statement of
co-ordinates
Provided that the terms "all plus" or "all minus" may be used at the top of each
column where applicable:
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Provided further that in the case of surveys based on the Universal Transverse
Mercator projection, the terms "Eastings" and "Northings" shall be used instead of Y and X
and the algebraic signs shall not be used.
(2) On a general plan the survey of which has been based on trigonometrical
stations or other system, such fact shall be recorded.
(3) When a constant is applied to co-ordinates on a general plan, such constant,
with its sign, shall be inserted above the column containing the ordinates accordingly
reduced.
(As amended by S.I. No. 156 of 1976)
53. At the discretion of the Surveyor-General co-ordinates otherwise required, may
be omitted.
Co-ordinates not
required
54. (1) There shall be recorded on a general plan the lengths in metres to two
decimals of a metre and directions of the sides of every parcel:
Data required
Provided that when no co-ordinates are used, angles may be given instead of
directions.
(2) When it is feasible to do so legibly and unambiguously the data of any parcel
shall be recorded within the figure, otherwise it shall be tabulated.
(3) It shall not be necessary to record such data on both sides of a common
boundary.
(4) It shall only be necessary to record a direction once when sections of a straight
line are boundaries of two or more parcels.
(5) When the sides of two or more adjoining stands in a block are parallel, it shall
only be necessary to record the directions of the first and last of such parallel sides.
(6) The value of the direction of a side shall be recorded within the figure so as to
represent the clockwise direction of such side.
(7) 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 double circle.
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(8) The directions or angles shall be given to the nearest ten seconds when the
length of the side is less than 200 metres, and to the nearest second for longer sides.
(9) The area of each parcel shall be tabulated on a general plan. These shall be
expressed in hectares to four decimal places for areas of one or more than one hectare
and in square metres to the nearest square metre for areas of less than one hectare.
(10) The rectilinear and curvilinear areas shall be tabulated in addition to the total
area of each parcel.
(11) In special cases, data may be expressed to a lower degree of accuracy or may
be omitted on the written authority of the Surveyor-General.
55. Adjacent boundaries of contiguous parcels, roadways and wayleaves shall be
indicated on a general plan by broken lines and their designations shall be written in their
respective positions:
Contiguous parcels of
land
Provided that abbreviations may be used and the words "Stand", "Farm", "Lot",
"Subdivision" and other designation may be omitted when these are obvious from the
main designation.
56. The direction of true North shall be indicated on a general plan pointing, as a
general rule, towards the top of the sheet.
True North
57. The radius of any curve adopted as a boundary shall be shown on a general
plan.
Radius
58. In the event of the position of a parcel or parcels not being obvious from the
main figure, a locality plan shall be shown on a general plan indicating the position in
relation to other surveyed parcels, roads or other main topographic features.
Locality plan
59. (1) When a river, stream or watercourse is adopted as a boundary, the name, if
any, shall be given on a general plan and the direction of flow shall be indicated.
Rivers, boundaries
and topography
(2) When required by the Surveyor-General the main topo-graphical features shall
be shown on a general plan.
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60. (1) Sufficient connecting data as required by the Surveyor-General shall be
shown on a general plan in order to locate the position of each parcel precisely in relation
to-
Connecting data
(a) the parent parcel in the case of a subdivision;
(b) to other previously surveyed parcels, or to trigonometric stations, or other
points whose geographical co-ordinates have been determined to the
satisfaction of the Surveyor-General, in the case of new parcels.
(2) Unless otherwise required by the Surveyor-General, the sides and directions of
the connections need not be shown when co-ordinates are recorded on the general plan.
(3) The co-ordinates of a beacon to which connection may be made may be
adopted from a previous approved survey when-
(a) in the opinion of the Surveyor-General both the previous and present
surveys are based satisfactorily on the same system;
(b) the connecting distance is not less than 300 metres.
(4) In special cases, the Surveyor-General may dispense with connecting data in
respect of new parcels where these may be clearly located on a suitable map.
61. All beacons and stations shown or co-ordinated on a general plan shall be
concisely described.
Description of beacons
and stations
62. The Surveyor-General may refuse to approve a general plan if he considers
that-
(a) it is dilapidated or carelessly framed; or
(b) its appearance has been spoilt by amendments or additions.
Dilapidated and untidy
general plans
63. A general plan shall be dated and signed as follows:
(a) if framed from survey-
Signature and date
"Surveyed in (month, year)............................................... by me/us
.................................................
Land Surveyor(s)"
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or
(b) if compiled-
"Compiled in (month, year) ........................................... by me from (Survey Records,
General Plan(s)
Diagram(s)).........................
.....................................................................................
Government Surveyor"
64. (1) No amendment or addition shall be made on an approved general plan
except by a Government Surveyor.
(As amended by S.I. No. 156 of 1976)
Amendments
65. Normally colours shall not be shown on a general plan: Colours
Provided that the Surveyor-General may authorise the use of colours in special
cases.
66. (1) The sides, angles or angles of direction and areas given on a general plan
shall agree with their values as computed from the co-ordinates, provided that the area of
a figure of regular shape shall be deduced directly from the sides and angles.
Limits of inconsistency
(2) Where co-ordinates are not used, the numerical data recorded shall be deemed
to be inconsistent when-
(a) the misclosure of a data traverse computed round the rectilinear figure
exceeds 0.0001 pn metres;
(b) the area differs from the area of the rectilinear figure computed from its
sides and directions or angles or more than 0.0000125 p2n square metres;
where "p" represents the length of the perimeter in metres and "n" the number of corner
points of such rectilinear figure.
(3) Notwithstanding the provisions of sub-regulations (1) and (2) the areas, sides,
angles or directions of parcels may be adjusted by small amounts in the interests of
maintaining regular shapes and existing data, where this is considered to be desirable by
the Surveyor-General.
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67. (1) A general plan may be compiled by a Government Surveyor without further
survey from approved general plans, diagrams and survey records.
Compiled general plan
(2) The provisions of regulation 66 need not apply to a compiled general plan.
(3) The summation of the angles of a parcel on a compiled general plan need not be
geometrically correct.
(4) Co-ordinates shall not normally be shown on a compiled general plan unless
these are all on the same system, except that co-ordinates of beacons on the
trigonometrical system may be shown.
PART VII DIAGRAMSPART VII
DIAGRAMS
68. (1) A diagram shall be framed in such numbers and in such form and manner
as the Surveyor-General may direct on one side of good durable paper or other material of
a quality approved by the Surveyor-General.
Form, quality, size of
paper and margins
(2) A diagram shall measure-
(a) 297 millimetres by 210 millimetres; or
(b) 297 millimetres by 385 millimetres; or
(c) such other size as the Surveyor-General may direct.
(3) No writing or drawing shall encroach on the margins of a diagram, which shall be
at least 25 millimetres wide along the left-hand or binding edge and 10 millimetres wide
along the other edges:
Provided that the right-hand margin may be used for initialling alterations.
(As amended by S.I. No. 156 of 1976)
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69. The ink used in the preparation of a diagram shall be black, best waterproof or
other type of a quality approved by the Surveyor-General. Numbering and lettering may be
done on a typewriter giving a sharp black permanent impression. The signature shall be in
black ink of good quality.
Ink
70. (1) Land shall be represented on a diagram by a single figure drawn accurately
to scale so that the misplotting of any beacon or boundary shall not exceed 1 millimetre.
Figure, scale,
information and
general style
(2) The provisions of regulations 47, 48, 50, 55, 56, 58, 59, 61, 62, 63, 64 and 65
shall apply to diagrams where relevant:
Provided that information deemed to be unnecessary by the Surveyor-General may
be omitted.
71. (1) Each beacon or corner of a parcel of land depicted on a diagram shall be
designated by an alphabetic letter, wherever possible, written outside the figure and as
near as possible to the respective point on the diagram. In addition, the beacon names
referred to in regulation 37 shall be recorded on the diagram, or they may be used in place
of the alphabetic letters.
Beacon letters and
verbal definition
(2) Every diagram shall contain a clear verbal definition of the limits of the figure
representing the parcel of land. In such definition shall be recited, in the order in which
they occur, the letter or name by which each of the boundary beacons and corner points is
designated, and a description of the curvilinear boundaries, if any. The starting point shall
be repeated at the conclusion of the definition.
72. (1) When a general plan showing full data has been approved then a diagram
need only show the total area and such other data as the Surveyor-General may direct.
Numerical data
(2) When a general plan has not been approved then the provisions of regulations
51, 52, 53, 54, 57, 60, 66 and 67 shall apply to a diagram, except that the data shall be
tabulated, unless otherwise agreed, by the Surveyor-General.
73. The official designation of a parcel of land allotted by the Surveyor-General
shall be quoted in the description and not written within the figure of the diagram.
Official designations
only to be shown
74. The Province and District in which the parcel of land is situated shall be stated
on a diagram and the map reference shall also be furnished, and in township surveys the
name of the city, municipality or township as the case may be, shall also be stated.
Geographical positions
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75. Notwithstanding the provisions of regulation 69 the Surveyor-General may
authorise the use of copies made by approved photographic or other methods when more
than one copy of a diagram is required.
Photographic and
other copies
PART VIII MISCELLANEOUSPART VIII
MISCELLANEOUS
76. (1) In addition to the survey records required under regulation 39, the following
further documents, plans and data shall be sub-mitted to the Surveyor-General in respect
of all surveys based partly or entirely on photogrammetric methods in terms of section
thirty-seven of the Act:
Surveys from aerial
photographs
Cap. 188
(a) calibration certificate in respect of the aerial camera;
(b) report signed by the responsible photogrammetrist;
(c) annotated aerial photographs showing all control points, both ground and
those used in the aerial triangulation;
(d) all computations, both manual and computer printouts;
(e) diapositives, if required;
(f) cover diagram;
(g) any other documents or data as may be required by the Surveyor-General.
(2) The certificates on the working plan, general plan and diagrams shall be suitably
amended to show the names of the contractors responsible for the aerial photography and
photogrammetry and shall be signed by the responsible land surveyor.
77. (1) A land surveyor may employ unqualified assistants for taking observations
and measurements which are recorded in the field book provided that-
Unqualified assistants
(a) no land surveyor shall employ more than two such assistants at one time
without the approval in writing of the Surveyor-General;
(b) all work carried out by such assistants shall be carefully supervised by the
land surveyor and checked by him;
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(c) detailed references shall be made to all such work in the field book and
report.
(2) The Surveyor-General may require a land surveyor to furnish him with the
names, academic qualifications and survey experience of unqualified assistants.
78. The Land Survey Regulations, 1963, and the Land Survey (Amendments)
Regulations, 1965, are hereby revoked.
Revocation of Land
Survey Regulations
FIRST SCHEDULE
(Regulation 3)
THE SURVEY CONTROL BOARD OF ZAMBIA
CERTIFICATE
This is to certify that .........................................................................................................................................................
....................................................................................................................................................................................................
is licensed to practise as a Land Surveyor in the Republic of Zambia in accordance with the provisions of section 9 of the
Land Survey Act.
..........................................................................................
Chairperson
Surveyor-General
Date............................................19..........
SECOND SCHEDULE
(Regulation 6)
TARIFF OF FEES
PART I
BASIC CHARGE
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1. Charges Included in Basic Charge
Except where otherwise stated, the basic charge shall include the charges for the following:
(a) provision of information in respect of previous surveys, data and co-ordinates of trigonometrical stations and
reference marks;
(b) location and verification of existing beacons, stations and reference marks where these have not been
destroyed, obliterated or covered over;
(c) field survey including connections to trigonometrical stations and reference marks, providing such connections
do not exceed 1 kilometre, and preparation of survey records, but not including general plans and diagrams;
(d) the cost of labour and materials, but not including the cost of new beacons, rebuilding of existing beacons and
replacing of missing beacons;
(e) the submission of survey records, general plans and diagrams to the Surveyor-General for examination and
approval, and corrections of field work, survey records, general plans and diagrams when so directed by the
Surveyor-General.
2. Initial Fee
An initial fee chargeable once only in each survey and which shall be that applying to the largest group in a survey shall
be charged as follows:
CLASS
(Regulation 25)
For Parcels A B C
Fee Units Fee Units Fee Units
Under 1,000 m2 604 604 373
Over 1,000 m2 604 604 604
3. Area Fee
CLASS
(Regulation 25)
For Parcels A B C
Fee Units Fee Units Fee Units
Under 1,000 m2 249 196 107
Over 1,000 m2 382 311 222
Over 1 ha to 5 ha 498 436 329
Over 5 ha to 25 ha 604 569 471
Over 25 ha to 50 ha 822 764 604
Over 50 ha to 100 ha 1031 960 809
Over 100 ha to 200 ha 1209 1156 1013
Over 500 ha to 1,000 ha 1751
Over 1,000 ha to 2,000 ha 2427
Over 2,000 ha to 5,000 ha 3556
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
For areas not tabulated in this paragraph, the fees shall be as agreed with the client, or in default,
as fixed by the Surveyor-General.
4. Additional Boundaries
The area fee shall apply to parcels having not more than five boundaries and for each additional
boundary above five the area fee shall be increased by 10 per centum:
Provided that the boundaries common to more than one parcel of land shal be included in each
case in determining the number of boundaries of individual parcels but short lines from indicatory
beacons to corner points shall not be regarded as separate boundries.
5. Survey of Blocks of Parcels
There shall be a 25 per centum decrease of the area fee for 50 to 75 parcels in a block and a 50
per centum decrease of the area fee for 76 parcels or more in a block.
6. Parcels of Irregular Shape
For parcels of irregular shape there shall be an increase of 10 per centum per each side in excess
of four.
7. Curvilinear Boundaries
(a) For the survey by ground methods of irregular curvilinear boundaries, the charge shall be
56 fee units with an individual charge of 17 fee units per 100 metres or part thereof of
curvilinear boundary. This additional charge shall be made once only, notwithstanding
the number of parcels abutting on such boundary.
(b) For the survey by aerial photographic methods, the charge shall be by agreement and
shall depend on the amount of ground control required and whether existing or new
photographs are used.
(c) Where the information is obtained from a previous survey, the charge shall be 56 fee
units per parcel.
(d) For the survey of a circular curve, the chrge shall be 180 fee units.
PART II
BEACONS, GENERAL PLANS AND DIAGRAMS
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Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
1. Beacons
For providing materials and erecting beacons, the charges shall be-
(a) Standard Beacon-iron peg or pipe in concrete as prescribed in sub-regulations (1) and (2) of regulation
33 17 fee units
(b) Standard Beacon-iron peg or pipe in concrete plus 200 mm cairn (or trench and mound) as prescribed in
sub-regulations (1), (3) and (5) of regulation 33 33 fee units
(c) Standard Beacon-iron peg or pipe in concrete plus 750 mm cairn (for trench mound and hardwood post) as
prescribed in sub-regulations (1), (4) and (5) of regulation 33 50 fee units
(d) Other beacons and repairs to existing beacons, as directed by the Surveyor-General.
2. General Plans
For each sheet of a general plan the charge shall be 278 fee units with an additional 6 fee units for each parcel.
3. Diagrams
(a) For each diagram framed having not more than five boundaries-
(i) with co-ordinates 28 fee units
for each additional boundary 3 fee units
(ii) without co-ordinates 17 fee units
for each additional boundary 3 fee units
(iii) when a river forms a boundary with co-ordinates 42 fee units
for each additional boundary 3 fee units
(iv) when a river forms a boundary without co-ordinates 28 fee units
for each additional boundary 3 fee units
(b) For copies of diagrams prepared by approved photographic or other methods the charge shall be as directed
by the Surveyor-General.
PART III
MISCELLANEOUS WORK AND SPECIAL CHARGES
1. Miscellaneous Work
The charge for services not specified in this Schedule such as discussions with the client,
relocation of beacons, connection and alignment investigations, location of fixed area and fixed
distance beacons, surveys for wayleaves, easements, railway strips, astronomical observations,
mapping control, shall be at the rate of 67 fee units per hour and materials shall be charged at cost
plus 50 per centum.
2. Line Clearing
A reasonable amount of clearing of grass and light bush shall be included in the Basic Charge
under Part I of the Schedule. For the clearing of heavy bush an extra charge for labour may be made.
3. Special Charges
Notwithstanding any provisions to the contrary in this Schedule, the Surveyor-General may allow a
departure from the prescribed standard charges in cases where peculiar or special circumstances
appear to warrant such a departure.
4. Connection Charges
The charge for connections to trigonometrical stations and reference marks shall be 33 fee units
per each 100 metres in excess of 1 kilometre.
(As amended by S.I. No. 66 of 1996)
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
THIRD SCHEDULE
(Regulation 8)
SURVEYOR-GENERAL'S CHARGES
1. Land Surveyor's Licence
The fee for the issue of a land surveyor's licence in accordance with the provisions of section 9 of
the Act shall be 278 fee units. The Surveyor-General may remit this fee for a licence issued to a land
surveyor in the service of the Government but the fee shall become due should the land surveyor
leave the Government service and continue to practice in Zambia.
2. Taxing Accounts
For taxing a land surveyor's account, the fee shall be two and a half per centum of the account as
taxed.
3. Examination Fee
For the examination of survey records, genreal and working plans and diagrams the fee shall be 28
fee units for each stand, 28 fee units for each lot or farm in urban areas and 56 fee units for each lot
or farm outside urban areas.
4. Cadastral Drawing Charges
(a) For certifying True Copies of plans and diagrams, the fee shall be 56 fee units for each
certificate.
(b) For calculations required for the compilation of general plans and diagrams where no
field work is required, the charge shall be determined by the Surveyor-General.
(c) For the drawing of general plans, where field work is not required the charge shall be
167 fee units.
(d) For the preparation of sketch plans, the fee shall be 56 fee units.
(e) For marking off the fees shall be 83 fee units per parcel of land marked off.
(As amended by S.I. No. 66 of 1996)
THE NON-CADASTRAL SURVEY AND MAPPING FEES AND CHARGES NOTICE
Notice by the Minister
Statutory Instrument
65 of 1996
1. This Notice may be cited as the Non-Cadastral Survey and Mapping Fees and
Charges Notice.
Title
2. The non-cadastral survey and mapping fees and charges shall, with effect from 4th
April, 1996, be as set out in the Schedule to this Notice.
Non-cadastral survey
and mapping fees and
charges
SCHEDULE
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(Paragraph 3)
1. STANDARD SERVICES
(a) Printed Maps
Prices payable by all map users within Zambia including other Government Institutions:
Fees Units
Topographic Maps 33
Street Plans 44
ICAO Charts 44
Miscellaneous and Atlas Sheets:
International and regional 44
National 33
Prices payable by all map users outside Zambia
All maps US$ 12
Postage or freight at cost
(b) Dyeline Prints
Charges per square decimeter
Paper Ozala Film
Fee Units Fee Units
Materials supplied by Survey Department 17 5.7
Materials supplied by customer 0.6 2
(c) Photographic Products
Contact Prints 11
Paper P/DM2 Single Weight 2.2
Paper P/DM2 Double Weight 2.7
1M 3 1M Single Weight 222
1M 3 1M Double Weight 278
Diapositives 25cm2 8.3
Film P/DM2 5.7
Materials supplied by client/customer half the total cost shall be charged.
In addition, a fixed charge of 22 fee units is added for each aerial photograph used to cover the photography
acquisition.
(d) Computer Printouts of Survey Data
6.8 fee units per page
2. NON-STANDARD CHARGES
Fee Units
(a) Computer utilization for data processing
including use of its periferals 69 per hour
(b) Utilization of a photogrammetrist and
photogrammetric equipment 611 per photogrammetrist
per day per instrument
(c) Utilizaion of cartographer and
cartographic equipment 611 per cartographer
per day per instrument
(d) Utilization of reprographer and
reprographic equipment 611 per reprographer
per day per instrument
(e) Materials and new aerial photography at cost
(As amended by S.I. No. 65 of 1996)
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Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Endnotes
1 (Popup - Popup)
27th August, 1965.
2 (Popup - Popup)
Also referred to as ``customary area''. See meaning assigned thereto by section 2 of the Lands Act,
Cap. 184.
