Tanzania
Land Survey Act
Chapter 324
- Published in Tanzania Government Gazette
- Commenced on 5 June 1959
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss. 1-3)
1. Short title
This Act may be cited as the Land Survey Act.2. Interpretation
In this Act unless the context otherwise requires—"Board" means the Board of Control of Licensed Surveyors established under the provisions of section 19;"boundary beacon" means any survey mark affixed, erected or placed for the purpose of denoting the boundaries of any land;"cadastral survey" means any survey the purpose of which is to obtain information for recording the position of the boundaries of lands in separate ownership or intended to be the subject of any disposition or partition, or re-establishing such boundaries on the ground or setting out new boundaries on the ground;"Chief Surveyor" means the Chief Surveyor of the Department of Lands and Surveys;"Director" means the Director of Lands and Surveys;"general cadastral survey" means a cadastral survey made under the provisions of section 7;"Government surveyor" means an officer of the Department of Lands and Surveys or of the Directorate of Overseas (Geodetic and Topographic) Surveys, authorised by the Director to execute surveys under this Act;"land surveyor" includes both a Government surveyor and a licensed surveyor;"licence" means a licence issued or deemed to have been issued under the provisions of this Act;"licensed surveyor" means a surveyor licensed or deemed to have been licensed under the provisions of this Act;"Minister" means the Minister responsible for lands;"owner" includes every lessee, sub-lessee, holder of a right of occupancy and licensee of land and any successor in title;"prescribed" means prescribed by regulation made under the provision of this Act;"survey" means a cadastral, topographical or triangulation survey of land;"survey mark" means any trigonometrical station, bench mark, boundary beacon, peg, picket, mark or pole, whether above or below the surface of the ground, which is fixed, placed or set up by, or under the direction of, a land surveyor for the purpose of any survey;"surveyed land" means land the boundaries of which have been surveyed by a land surveyor;"topographical survey" means a survey the purpose of which is to obtain information for recording the position of the physical features and the configuration of the ground;"triangulation survey" means a survey the purpose of which is to obtain information for recording the position and height of any survey mark placed for the purpose of any other survey;"unlicensed assistant" means any person not being a land surveyor who is employed in assisting a land surveyor in the survey of land.3. Director may delegate powers
Any power conferred or duty imposed upon the Director by this Act or any regulation made under this Act may, notwithstanding anything contained in any Act, be exercised or performed by any officer of the Department of Lands and Surveys authorised in that behalf by the Director in writing under his hand.Part II – Surveys of land (ss. 4-10)
4. Prohibition of certain surveys by persons other than land surveyors
5. Surveys to be carried out in accordance with regulations
Every survey by a land surveyor shall be carried out in accordance with any regulations for the time being in force made under this Act:Provided that the Director may, notwithstanding any such regulations, specify the methods to be adopted with regard to any particular survey.6. Aerial photography
7. General cadastral survey
8. Power of land surveyor to enter land
The Director, or any land surveyor or any person authorised by the Director either generally or specially, may enter upon any land with such unlicensed assistants as may be necessary, for the purpose of—9. Penalty for obstructing surveyors
Any person who wilfully obstructs or hinders the Director or any land surveyor or any assistant of the Director or such land surveyor or any person authorised by the Director in the exercise of his powers under this Act commits an offence against this Act and on conviction is liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding two years or to both.10. Fees for survey
Part III – Survey marks (ss. 11-12)
11. Interference with survey marks
12. Prohibition of certain work near trigonometrical station or benchmark
Part IV – Survey plans and records (ss. 13-18)
13. Original cadastral survey plans and records to be deposited with the Director and become the property of Government
14. Duty of surveyor to make corrections and adjustments
Every land surveyor shall, when required by the Director, as soon as practicable—15. Diagram and prints of aerial photographs
16. No plan to be amended without the Chief Surveyor's permission
17. Approval of plans
18. Plan based on general cadastral survey
Without prejudice to the provisions of the law relating to evidence, a plan based on a general cadastral survey and approved as such by the Chief Surveyor shall be prima facie evidence of the correctness of the position of the boundaries shown.Part V – Board of Control and Licensing of Surveyors (ss. 19-28)
19. Establishment of Board
20. Appointment of Secretary and other officers
The Board shall appoint a person to be the Secretary and Registrar and may, appoint such examiners and other officers as may be necessary for carrying out the duties of the Board and all such persons shall hold office during the pleasure of the Board.21. Duties of the Board
The duties of the Board shall be—22. Conditions for the issue of licences
No person shall receive a licence unless he shall have attained the age of twenty-one years and unless either—23. Conditions for admission to examination
No person shall be entitled to be examined for a licence to practise as a land surveyor unless—24. Exemptions
Any person who has pursued recognised courses of study in land surveying or any kindred technical subject may be granted exemption from examination in any subject, at the discretion of the Board.25. Examination fee
Every candidate for examination under paragraph (a) of section 22 shall be required to pay such fee as may be prescribed.26. Examining candidate on oath
The Board may require the attendance of any person who has applied for a licence and may examine or question such person upon oath, affirmation or otherwise, as to his actual practice in the field and other relevant matters, and for such purpose any member of the Board may administer an oath or affirmation.27. Form of licence and fees
Every licence shall be in the prescribed form or to the like effect, and shall be issued on payment of such fee as may be prescribed.28. Power to require licensed surveyor to undergo survey trial after period of absence from practice
Part VI – Disciplinary provisions (ss. 29-30)
29. Complaint against licensed surveyor and how dealt with
30. Power of Board to deal with offences
Part VII – Regulations (s. 31)
31. Regulations
Part VIII – Repeal (ss. 32-33)
32. Repeal of R.L. Caps. 121 and 122
[Repeals the Land Survey Ordinance and the Land Surveyors Ordinance.]33. Amendment of Cap. 16
[Repeals section 330 of the Penal Code.]History of this document
31 July 2002 this version
Consolidation
05 June 1959
Commenced
Documents citing this one 18
Judgment 16
Government Notice 2
1. | Land Survey and Surveyors' Regulations, 1959 | 1 citation |
2. | Land Survey (General) Regulations, 1959 |
Subsidiary legislation
Title | Numbered title |
---|---|
General Cadastral Survey, 1960 | Government Notice 62 of 1960 |
General Cadastral Survey, Tabora, 1959 | Government Notice 186 of 1959 |
Land Survey (Appeals) Rules of Court, 1960 | Government Notice 349 of 1960 |
Land Survey (General) Regulations, 1959 | Government Notice 173 of 1959 |
Land Survey and Surveyors' Regulations, 1959 | Government Notice 174 of 1959 |