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Vanuatu Consolidated Legislation |
Commencement: 11 February 1985
LAWS OF THE REPUBLIC OF VANUATU
REVISED
EDITION 1988
CHAPTER 175
Act
11 of 1984ARRANGEMENT OF SECTIONS
SECTION
PART I
Preliminary
1. Interpretation
PART II
The Director and His Duties
2. The
Director
3. Duties of the
Director
PART III
The Land Surveyors Board
4. The Board
5. Proceedings of the Board
6. Duties
of the Board
PART IV
Registration of Surveyors
7. Qualification for
registration
8. Certificate of
registration
9. Board to maintain
register
10. Cancellation of
registration
11. Appeals against
decisions of the Board
PART V
Professional Discipline
12. Complaints of unprofessional conduct
13. Conduct of disciplinary proceedings
14. Evidence in disciplinary proceedings
15. Disciplinary powers of the Board
16. Appeal to the Supreme Court
PART VI
Conduct of Surveys
17. Duties of land
surveyors
18. Surveys for purposes of
Cap. 163
19. Recognition by
courts
20. Power to enter land, erect trigonometrical stations and survey marks
21. Surveyor's
power to seek information
PART VII
Preservation of Survey Marks
22. Removing or defacing
survey marks
23. Obstructing
surveyors
PART VIII
Authentication of Plans
24. Authentication of
plans
25. Cancellation of
authentication
PART IX
Aerial Surveys
26. Aerial
survey
PART X
General
27. Minister's power to
make regulations
----------------------------------------------------
LAND SURVEYORS
To provide for the setting up of a Land Surveyors Board, for registration and regulation of professional conduct of land surveyors and for matters incidental thereto.
PART I
PRELIMINARY
INTERPRETATION
1. In this Act, unless the
context otherwise requires -
"the Board" means the Land Surveyors Board set up under section 4;
"Director" means the Director of the Department of Land Surveys;
"Government surveyor" means a surveyor employed by the Department of Land Surveys;
"Minister" means the Minister responsible for land matters;
"public surveys" means surveys conducted by the Department of Land Surveys;
"register" means the register of surveyors kept under the provisions of this Act;
"registration" means registration under this Act and "registered" has a corresponding meaning;
"secretary" means the secretary to the Board;
"surveyor" means a person registered as a land surveyor under the provisions of this Act.
PART II
THE DIRECTOR AND HIS DUTIES
THE DIRECTOR
2. There shall be a
Director of Land Surveys who shall be a public servant.
DUTIES OF THE DIRECTOR
3. (1) The duties of the
Director shall be to -
(a) direct and control all public surveys;
(b) supervise and control all other surveys;
(c) examine all general and particular plans of surveys made in respect of leases of land and approve such plans if satisfied that such surveys have been carried out and the plans prepared in accordance with the provisions of this Act;
(d) take charge of and preserve all survey records;
(e) cancel or amend any survey plan or diagram found to be incorrect, out-dated or inadequate;
(f) prepare, certify and issue at the request of any person upon payment of the prescribed fees, copies of diagrams and documents filed within his department which are available to the public;
(g) require any surveyor to correct any errors in a survey carried out by him.
(2) The Director shall be the authority for the preparation and publication of the official maps of Vanuatu, and no person shall, without the approval in writing from the Director and payment of the prescribed fees make use for publication of any map or any material prepared by the Department of Land Surveys.
(3) The Director shall charge the prescribed fees for public surveys and for all documents issued or services rendered by the Department of Land Surveys.
PART III
THE LAND SURVEYORS BOARD
THE BOARD
4. (1) There shall be a board to be known as the Land Surveyors Board consisting of -
(a) the Director who shall be chairman; and
(b) two surveyors appointed by the Minister, one of whom shall be a surveyor not employed by the Department of Land Surveys.
(2) The appointed members shall hold office for a term of 2 years but may be re-appointed; their appointment may be terminated for cause by the Minister at any time.
(3) The first two surveyors appointed by the Minister under subsection (1)(b) shall be deemed to be surveyors registered under the provisions of this Act.
(4) The Board shall appoint a public servant to be secretary.
PROCEEDINGS OF THE BOARD
5. (1) All members of the
Board shall constitute the quorum.
(2) The Board shall meet at such times and places as the chairman shall direct.
(3) The decisions of the Board shall be made by a majority of votes of the members.
(4) Subject to the provisions of this section the Board shall regulate its own procedure.
DUTIES OF THE BOARD
6. The duties of the Board
shall be -
(a) to maintain a register of surveyors;
(b) to determine the qualifications and experience of persons entitled to be registered as surveyors;
(c) to hear and determine disciplinary proceedings against surveyors in accordance with the provisions of this Act; and
(d) to carry out such other functions as may be prescribed by this Act or any other law.
PART IV
REGISTRATION OF SURVEYORS
QUALIFICATION FOR REGISTRATION
7. (1) A person shall be entitled to be registered under this Act if he proves to the satisfaction of the Board that he is the holder of a certificate, diploma or degree granted by a recognized university, technical institute or professional institution in land survey and that he is entitled to practice as a land surveyor in the country in which the certificate, diploma or degree was granted.
(2) The Board may require an applicant for registration to produce such documents or other evidence relating to his qualifications or submit to such examination for registration as the Board shall prescribe.
(3) A person applying for registration shall pay the prescribed fee in respect of the application.
CERTIFICATE OF REGISTRATION
8. (1) Where a person is registered he shall be granted a certificate of registration on payment of the prescribed fees.
(2) If the registration is cancelled or suspended the holder of the certificate of registration shall forthwith deliver it up to the Director.
BOARD TO MAINTAIN REGISTER
9. The Board shall maintain a register of surveyors in which shall be recorded the names, addresses and qualifications of all registered surveyors.
CANCELLATION OF REGISTRATION
10. (1) The Board shall cancel the registration of a surveyor if it is satisfied that he -
(a) has obtained his registration by fraud, misrepresentation or mistake; or
(b) has been convicted of an offence punishable by imprisonment without the option of a fine; or
(c) is in the opinion of the Board by reason of a physical or mental incapacity, unable satisfactorily to exercise his profession.
(2) A person whose registration has been cancelled may apply for reinstatement and upon receipt of satisfactory evidence of proper reasons for his reinstatement the Board may reinstate his registration.
APPEALS AGAINST DECISIONS OF THE BOARD
11. Any person aggrieved
-
(a) by the refusal of the Board of his application for registration; or
(b) by the cancellation of his registration under section 10; or
(c) by the refusal of the Board to re-instate his registration, may appeal to the Supreme Court.
PART V
PROFESSIONAL DISCIPLINE
COMPLAINTS OF UNPROFESSIONAL CONDUCT
12. (1) Any complaint of the conduct of a surveyor in his professional capacity must be made in writing to the Board and must contain specific allegations of acts or omissions on which the complaint is based.
(2) The Board shall deal with all disciplinary matters in accordance with the provisions of this Act.
CONDUCT OF DISCIPLINARY PROCEEDINGS
13. (1) The Board may invite the Attorney General or a law officer nominated by him to be a member of the Board for the purpose of the disciplinary proceedings but without the right to vote.
(2) In any disciplinary proceedings before the Board the following rules shall apply -
(a) sufficient notice of the time and place of the hearing together with particulars of the complaint shall be given to the person against whom the complaint has been made and to the complainant;
(b) any party to the proceedings shall, if he so requires, be entitled to be heard by the Board and to be represented or assisted by a legal practitioner or a surveyor;
(c) unless the Board otherwise directs, the proceedings shall be hold in public.
EVIDENCE IN DISCIPLINARY PROCEEDINGS
14. (1) The Board, by notice in writing signed by the chairman or the secretary, may require any person to attend and give evidence before it at the hearing of any complaint under this Part, and to produce any documents in that person's custody or under his control relating to the subject matter of the complaint.
(2) The Board may require evidence to be given on oath, and either orally or in writing, and for that purpose the chairman may administer any oath.
(3) Witnesses and legal practitioners and surveyors referred to in section 13(2)(b) shall have the same immunities and privileges in relation to proceedings before the Board as in proceedings in a court of law.
(4) The secretary shall keep the minutes of the proceedings and record the evidence in such manner as the Board shall direct.
(5) Any person who without lawful justification, refuses or fails to attend and give evidence when required to do so by the Board, or to answer truly any question put to him or to produce any document required of him, shall be guilty of an. offence.
Penalty: Imprisonment for 3 months or fine of VT20,000 or both.
DISCIPLINARY POWERS OF THE BOARD
15. (1) If the Board finds that the acts or omissions alleged in the complaint -
(a) have not been proved to the satisfaction of the Board; or
(b) do not constitute misconduct of the surveyor in his professional capacity; or
(c) are of trivial nature;
the Board shall dismiss the complaint, and may order the complainant to pay such sums, if any, as the Board shall determine, by way of the costs of the proceedings, or a part thereof, to the Treasury and to the surveyor against whom the complaint had been made.
(2) If the Board finds a surveyor guilty of misconduct in his professional capacity, it may, having regard to the gravity of the allegations proved in the proceedings -
(a) order that his registration be cancelled or suspended for such period not exceeding 2 years as the Board shall think fit;
(b) reprimand him;
(c) order him to pay such sum to the Treasury, as the Board shall determine, by way of the costs of the proceedings or a part thereof.
(3) Any sum ordered to be paid under this section may be recovered in a like manner as a civil debt.
APPEAL TO THE SUPREME COURT
16. Any person found guilty of misconduct under section 15 may appeal to the Supreme Court.
PART VI
THE CONDUCT OF SURVEYS
DUTIES OF LAND SURVEYORS
17. (1) Every surveyor
shall -
(a) carry out every survey undertaken by him in such manner as will ensure accurate results and in accordance with the provisions of this Act;
(b) be responsible for the correctness of every survey carried out by him and of every general plan and diagram which bears his signature;
(c) sign and date all survey documentation made by him;
(d) deposit with the Director, for the purpose of being permanently filed in the office of the Director all plans, field notes and computations made by the surveyor;
(e) when required by the Director, without delay correct any errors made in any survey made by him, as may be necessary to ensure the amendment of any diagram or plan based on an incorrect survey and to adjust the position of any survey mark placed in accordance with such incorrect survey.
(2) Neither the Government nor any officer thereof shall be liable in respect of any defective survey or Work appertaining thereto, performed by a surveyor not being a Government surveyor notwithstanding that a plan or diagram relating to such survey or work has been approved.
SURVEYS FOR PURPOSES OF CAP. 163
18. Every survey of land for the purposes of the Land Leases Act Cap. 163 shall be carried out under and in accordance with the directions of the Director.
RECOGNITION BY COURTS
19. No surveys, plans of survey or diagrams shall be recognised by any court unless the same shall have been prepared and signed by a surveyor.
POWER TO ENTER LAND, ERECT TRIGONOMETRICAL STATIONS AND SURVEY MARKS
20. (1) The Director or
any surveyor, with or without assistants may -
(a) enter upon or pass over any land for the purpose of any survey and may affix and set up trigonometrical stations, survey marks, beacons, poles, stones or blocks, or for the purpose of inspecting any such land or stations or altering, repairing, moving or removing any trigonometrical station, survey mark, beacon, pole, stone or block;
(b) do all things necessary for survey or for any inspection, alteration, repair, move or removal as aforesaid;
(c) clear and keep clear of any growth land within a radius of 20 metres of any trigonometrical station.
(2) Where the owner or occupier of any land has refused or is unwilling to consent to the entry upon, or passing over, the land by the Director or any surveyor, the Director or the surveyor may apply to the Magistrate's Court for an order to authorize such entry or passing over.
(3) In the exercise of the powers under by this section, neither the Director nor any surveyor shall acquire any right other than that of the user only in or over the soil of any land.
(4) The powers conferred by this section may also be exercised in relation to any trigonometrical station, survey marks, beacon etc., fixed, placed or erected by a surveyor, or his agent prior to the date of commencement of this Act and existing at that date.
(5) Every surveyor shall, when practicable, give reasonable notice to the owner or occupier of the land of his intention to enter thereon. Where the owner or occupier cannot be found notice may be placed in a conspicuous place on the land.
(6) In the exercise of the powers under this section, the Director and the surveyor shall do as little damage as may be practicable and in any case shall pay full compensation to any person entitled thereto for all damage sustained by any person by reason or in consequence of the exercise of such powers:
Provided that no compensation shall be payable in respect of any right of user acquired under this section.
(7) In the case of damage caused by the Director or by any Government surveyor or any person acting on his instructions, the compensation shall be payable from the Treasury, and in the case of damage caused by a surveyor other than a Government surveyor or his agent the compensation shall be paid by the surveyor. In the event of any disagreement arising as to whether or not compensation is payable or as to the amount payable, the matter shall be referred to a competent court.
(8) Nothing in this section shall be deemed to authorise any person, except with the authority of the Director to alter, move or remove any trigonometrical station or standard survey mark erected or set up by a Government surveyor.
SURVEYOR'S POWER TO SEEK INFORMATION
21. (1) When any surveyor is in doubt as to the true boundary or limit of any land or is not familiar with any locality which he is employed to survey or as to any other matter affecting survey, he may question any person whom he thinks capable of giving him any relevant information.
(2) Where any person being questioned refuses to answer the questions of the surveyor, the surveyor may apply to a Magistrate's Court to have such person examined on oath.
(3) Any person who disobeys an order made under subsection (2) or knowingly gives information which is false in any material particular shall be guilty of an offence.
Penalty: Imprisonment for 3 months or fine of VT20,000 or both.
PART VII
PRESERVATION OF SURVEY MARKS
REMOVING OR DEFACING SURVEY MARKS
22. Any person other than a surveyor or a person working under the instructions of a surveyor who wilfully and unlawfully interferes with, removes, destroys, displaces, replaces or alters the position of any trigonometrical station, survey mark, beacon, pole, stone or block which has been fixed, placed or set up under the provisions of section 20 shall be guilty of an offence.
Penalty: Imprisonment for 6 months or fine of VT50,000 or both.
OBSTRUCTING SURVEYORS
23. Any person who wilfully obstructs or hinders the Director or any surveyor or their assistants in the exercise of their functions under this Act shall be guilty of an offence.
Penalty: Imprisonment for 3 months or fine of VT20,000 or both.
PART VIII
AUTHENTICATION OF PLANS
AUTHENTICATION OF PLANS
24. (1) For the purposes of registration under the Land Leases Act Cap. 163 no land or tract of land shall be deemed to have been surveyed until the survey plan thereof has been authenticated by the signature of the Director.
(2) Every plan authenticated by the Director shall be conclusive evidence of the survey information comprised therein.
(3) Every plan purporting to bear the signature of the Director shall be deemed to be properly authenticated unless the contrary is proved.
CANCELLATION OF AUTHENTICATION
25. (1) Authentication of
a plan shall be cancelled by the Director if -
(a) the plan is found to be inaccurate by reason of any error or omission in the survey; or
(b) the plan does not conform with the terms and conditions subject to which permission was granted for the survey of the land to which the plan relates.
(2) The Director shall upon the cancellation of authentication of any plan notify in writing the following -
(a) the owner of the land to which the plan relates;
(b) the surveyor who carried out the survey work; and
(c) the Director of Land Records.
PART IX
AERIAL SURVEYS
AERIAL SURVEY
26. (1) Any person who intends to carry out any aerial photography of Vanuatu or any part of Vanuatu for use in
(2) An application for aerial survey shall be submitted to the Director not less than 1 month before the date of the intended commencement of survey, or such shorter period as the Director may allow.
(3) Any person who has carried out any aerial photography for the purposes mentioned in subsection (1) shall furnish the Director with copies of all photographs taken for his inspection.
(4) The Director may retain copies of diagrams and photographs made from an aerial survey on payment of the cost thereof.
PART X
GENERAL
MINISTER'S POWER TO MAKE REGULATIONS
27. (1) The Minister may make regulations not inconsistent with this Act for the implementation of its purpose and provisions, and may prescribe anything that may be prescribed.
(2) Without derogating from the generality of subsection (1), the Minister in such regulations may -
(a) prescribe the manner in which surveys are to be made, the records to be kept by surveyors and the manner of keeping the same;
(b) prescribe the terms and conditions to which sub-divisional surveys shall conform;
(c) prescribe the manner in which survey marks shall be constructed, maintained and preserved;
(d) provide for the readjustment of boundaries, areas, shapes and positions of any parcels of land surveyed before the commencement of this Act;
(e) prescribe the procedure for preparation, submission, amendment and addition to plans;
(f) provide for the forms and procedure for application and registration of surveyors;
(g) provide for the regulation of aerial surveys.
______________________________________
SUBSIDIARY LEGISLATION
LAND SURVEYORS REGULATIONS
Order 3 of 1985
ARRANGEMENT OF REGULATIONS
REGULATIONS
PART I
Interpretation
1. Interpretation
PART II
Regulations Affecting All Land
Surveys Made Under Section 18 of the Act
2. Disputes
3. Units
of measurement
4. Systems of co-ordinates and projections
5. Maintenance of measuring instruments
6. Presentation of surveys
7. Permissible errors of measurement
8. Checking of surveys
9. Information
prior to survey
10. Prior approval of
statutory authorities
11. Authority
for entry upon land
12. Employment of unqualified assistants
13. Fees
14. Fees
chargeable by private surveyors
PART III
Survey Marks, Boundary Monuments and
Boundaries
15. Design and specification of survey marks
16. Placement
of survey marks
17. Line monuments and
river beacons
18. Placing monument on
boundary
19. Monuments placed from computed data
20. When monuments cannot be placed
21. Damaged monuments to be repaired
22. Trigonometrical stations to be repaired
23. Missing monuments
24. Re-establishment
of missing monuments
25. Redundant
monuments
26. Surveys and
re-establishment of boundaries
PART IV
Surveys Performed by Triangulation,
Trilateration, Traverse and Air Surveys
27. Guiding
principle
Triangulation and Trilateration
28. Geodetic and secondary triangulation
29. Lower
order triangulation
30. Tertiary and
minor triangulation
31. Instruments used for triangulation and trilateration
32. Method of taking triangulation observations
33. Fixing of monuments
34. Isolated surveys
Traverse Surveys
35. Geodetic and secondary traverses
36. Lower
order traverses
37. Angular
measurement of traverses
38. Linear measurement of traverses
39. Surveys of curvilinear boundaries
40. Swinging or hanging traverses
41. Verification of terminals of traverse
42. Verification of datum
Air Surveys
43. Air
Surveys
PART V
Sub-divisional Surveys
44. Surveyor's
role
45. Application for consent to subdivide
46. Minimum road frontages and areas
47. Minimum road widths
48. Reclaimed
land
49. Amendments, corrections,
conditions
PART VI
Field Notes
50. Field notes to be on
special forms
51. Recording of
triangulation observations
52. Recording of traverse observations
53. Description
of monuments
54. Method of entering
field notes
55. Erasures and corrections
56. Nomenclature
57. Cover
page and index
58. Unorthodox
methods
59. Topographical
features
PART VII
Computations
60. Computations to be on special forms
61. Method of entering computations
62. Triangulation and trilateration
63. Traverses
64. Independent checks to be made
65. Method of computing area
66. Method of measuring areas
67. Degree of accuracy of calculating areas
68. Presentation of computation
PART VIII
Plans
69. Plans to be drawn on special forms
70. Scales
to be used
71. Plotting of curvilinear
boundaries
72. Plotting by co-ordinates
73. General
rules
74. Abutting
boundaries
75. Co-ordinates and numerical data
76. Triangulation
plans
77. Colours and style of
printing
78. Topographical features
79. Erasures or corrections
80. Certificate
81. Authentication
by the Director
PART IX
Readjustments of Boundaries of Land Surveyed
Before
the Commencement of the Act
82. Readjustments
PART X
Miscellaneous
83. Public access to maps
and plans
SCHEDULE 1 Form A:
Application for sub-divisional surveys
Form B: Application for aerial surveys
SCHEDULE
2 Form A: Certificate for unqualified survey assistants
Form B: Authority to enter land
Form C: Certificate for plans surveyed
SCHEDULE
3 Fees
____________________________________
SUBSIDIARY LEGISLATION
LAND SURVEYORS REGULATIONS
To provide regulations for land surveyors and for matters connected therewith.
PART I
INTERPRETATION
INTERPRETATION
1. In these regulations, unless the context otherwise requires -
"Act" means the Land Surveyors Act, Cap. 175;
"Board", "Director", "plan", "public survey", "survey", and "surveyor" shall have the meaning ascribed to them in the Act.
PART II
REGULATIONS AFFECTING ALL LAND SURVEYS
MADE UNDER
SECTION 18 OF THE ACT
DISPUTES
2. If a dispute arises between a surveyor who is not employed in the public service and the Director over the application of the regulations, either party may refer the matter to the Board. The Board shall hear and determine such dispute, and its decision shall be final.
UNITS OF MEASUREMENT
3. (1) All distances shown
on plans shall be in metres and decimals of a metre.
(2) All angular measurements shall be in degrees, minutes and seconds of arc.
(3) For purposes of conversion the following standards shall be used -
Epi and islands to the South
1 metre = 4.971058 links
1 link = 0.20116442 metre
1 hectare = 247114.176 links2
Malekula and islands to the North
1 metre = 4.97097373 links
1 link = 0.20116783 metre
1 hectare = 247105.798 links2
SYSTEMS OF CO-ORDINATES AND PROJECTIONS
4. The figure of the earth and the projection to be used in the computation of co-ordinates of any survey shall be the International (Hayford) (1924) figure having elements: semi-major axis 6378388 international metres, flattening 1/297.0, and the Transverse Mercator Projection for the island on which the survey is carried out. Details are obtainable from the Director for the Transverse Mercator Projection which are currently authorised.
MAINTENANCE OF MEASURING INSTRUMENTS
5. (1) Every surveyor shall maintain his theodolite and EDM equipment along with all other equipment in good order, and the Director may refuse to authenticate any survey which has been made with defective equipment.
(2) Every measuring band, tape, thermometer and spring balance shall be submitted to the Director before use and thereafter not less than once in every 12 months for comparison with the official bases.
(3) The Director may at any time require any surveyor to submit any measuring equipment for his inspection.
PRESENTATION OF SURVEYS
6. (1) Every surveyor shall be personally responsible for the accuracy, fidelity, and completeness of every survey presented by him for the approval of the Director.
(2) It shall be the duty of every surveyor making any survey under these regulations to record all the relevant information that may aid in securing the accuracy and completeness of every such survey.
(3) Every surveyor shall perform sufficient work to enable him to apply a thorough check to every part of his survey.
(4) Every surveyor shall present his plan, computations and connected documents of every survey in such a manner as the Director may require, and if any surveyor forwards to the Director any plan, computation or connected document which does not conform substantially with the appropriate requirements, the Director may, at his discretion, return the plan, computation and connected documents to the surveyor and may refuse to authenticate such plan, computation or connected document until it has been made to conform with the appropriate requirements.
(5) All surveys returned to a surveyor shall be resubmitted to the Director without undue delay.
PERMISSIBLE ERRORS OF MEASUREMENT
7. All measurements must be made in accordance with regulations 32, 33 and 36 and the Director may refuse to authenticate any survey which contains errors in excess of those that can be expected from measurements properly carried out in the manner specified.
CHECKING OF SURVEYS
8. The Director may at any time direct any surveyor to check in the field any survey made by any other surveyor, and such check may include the verification of any information recorded in connection with such survey mark established under the Act or any regulations made thereunder.
INFORMATION PRIOR TO SURVEY
9. (1) Before carrying out any survey, every surveyor shall be provided, or shall provide himself with all available information in respect of any previous survey of the parcel of land to be surveyed and of any adjoining parcel.
(2) The Director shall make available to any surveyor all technical information under his control or in his possession.
(3) There shall be paid in respect of information received under this regulation the appropriate fee.
PRIOR APPROVAL OF STATUTORY AUTHORITIES
10. Before submitting any survey to the Director a surveyor shall ensure that approval has been obtained for a subdivision or other transaction of any parcel of land in any case where such approval is required by a law and that the survey submitted conforms with such approval.
AUTHORITY FOR ENTRY UPON LAND
11. (1) In pursuance of section 20 of the Act the Director shall furnish every surveyor with an official letter of authority which shall be in the form as set out in Form B of Schedule 2.
(2) Every surveyor shall present his letter of authority to any owner or occupier of land who demands proof that such surveyor is fully authorised to enter upon his land.
EMPLOYMENT OF UNQUALIFIED ASSISTANTS
12. (1) No surveyor shall employ an unqualified survey assistant without the written approval of the Board:
Provided that the Director may give provisional approval pending the decision by the Board.
(2) When such approval is given it shall be for a period of not more than 2 years in the first instance and may thereafter be renewed for further periods at the discretion of the Board.
(3) The work done by any such assistant shall be under the direct personal control of the surveyor, who shall himself carry out a sufficient check to ensure that the work done by his assistant is correct. The surveyor shall accept full personal responsibility for all work performed by his unqualified survey assistant.
(4) The surveyor shall furnish the Director or the Board with a certificate which shall be in the form as set out in Form A in Schedule 2.
FEES
13. There shall be paid in respect of the several matters specified in Schedule 3 the several fees specified therein.
FEES CHARGEABLE BY PRIVATE SURVEYORS
14. The fees in respect of private surveys shall be recommended by the Board and shall serve merely for guideline purposes.
PART III
SURVEY MARKS, BOUNDARY MONUMENTS AND
BOUNDARIES
DESIGN AND SPECIFICATION OF SURVEY MARKS
15. (1) The design of survey marks shall be as specified by the Director, except in special circumstances which shall be set out in the report on the survey.
(2) Every new triangulation or trilateration station other than a purely auxiliary station shall be permanently marked.
(3) In third order traverses as defined in regulation 36 all traverse stations shall whenever possible be permanent points.
PLACEMENT OF SURVEY MARKS
16. (1) Monuments placed to define accurately the boundaries of a parcel shall be of such type as the Director may require.
(2) Where a boundary is inadequately defined and it is necessary to place a monument to define the approximate position of the boundary such monuments shall conform to the requirements of subregulation (1).
(3) With a view to facilitating the location of isolated boundary monuments, such monuments shall be referenced to any nearby telephone pole, suitable tree or other prominent physical feature.
LINE MONUMENTS AND RIVER BEACONS
17. (1) (a) Where a rectilinear boundary intersects a curvilinear boundary and a monument as required by regulation 16 cannot be placed at the intersection, a monument shall be placed on the rectilinear boundary as near as possible to the intersection. Such monument shall be known as a line monument.
(b) Where the rectilinear boundary continues on both sides of the curvilinear boundary, line monuments shall be placed on both sections of the rectilinear boundary.
(c) Where the curvilinear boundary falls within a river or swamp the line monument shall be placed above flood level and shall be known as a river monument.
(2) When a line or river monument has been placed in accordance with regulation 16(1) the distance from the line or river monument to the actual boundary shall be measured to the precision required by regulation 71(2).
(3) All subdivisions of a parcel, the boundaries of which have been fixed, which is situated across a road reserve shall be fully monumented as self contained units.
(4) Where a curvilinear feature is adopted as a subdivisional boundary of a parcel, the boundaries of which have been fixed, the several subdivisions and any remainder shall be fully monumented as self contained units.
PLACING MONUMENT ON BOUNDARY
18. Where a monument is placed on a boundary line that has been fixed, it shall be proved to be on line by establishing either directly or indirectly its relationship with the terminal monuments of the line.
MONUMENTS PLACED FROM COMPUTED DATA
19. Where a monument is placed from computed data, its position shall be proved by an independent field check and calculation.
WHEN MONUMENTS CANNOT BE PLACED
20. When the comer of a parcel, the boundaries of which are required to be fixed, falls within inaccessible ground where a monument cannot be placed, the position of such corner shall be permanently referenced by at least one indicatory monument placed on a boundary line as near as possible to the comer. The details of the situation shall be indicated on the plan.
DAMAGED MONUMENTS TO BE REPAIRED
21. Where an old monument of the parcel under survey is found to be damaged, the surveyor shall repair or renew the monument, and make a record of the repairs in his field notes and notify the Director.
TRIGONOMETRICAL STATIONS TO BE REPAIRED
22. (1) Every surveyor engaged on a public survey who discovers any trigonometrical or traverse station to be damaged and in need of repair shall carry out such repair as may be necessary.
(2) A surveyor not engaged on a public survey is not required to repair any damaged trigonometrical or traverse station, but he shall report in writing to the Director the name, number and position of such station and the nature of the damage he has observed.
MISSING MONUMENTS
23. Missing monuments shall be noted in the surveyor's report and in order to demonstrate that he has searched in the right place the surveyor shall provide such measurement and observations as may be necessary.
RE-ESTABLISHMENT OF MISSING MONUMENTS
24. If a surveyor is required to re-establish a missing monument, he shall submit his field notes, computations and report to the Director.
REDUNDANT MONUMENTS
25. Where the existence of a visible redundant monument is likely to lead to confusion, it shall be removed and replaced by an underground witness mark.
SURVEYS AND RE-ESTABLISHMENT OF BOUNDARIES
26. (1) In every survey of land where the position of a feature or monument Refining the boundary of a parcel is found to differ from that indicated by the relevant previous survey, the surveyor shall exercise the greatest care -
(a) in establishing that the discrepancy actually exists;
(b) in collecting all evidence which may have a bearing on the eventual action to be taken.
(2) A careful search shall be made in the position indicated by the previous survey to ascertain whether or not any evidence of the old boundary feature or monument still exists and the position of any building or other development in the immediate vicinity of the boundary shall be recorded.
PART IV
SURVEYS PERFORMED BY TRIANGULATION,
TRILATERATION,
TRAVERSE AND AIR SURVEYS
GUIDING PRINCIPLE
27. Every surveyor shall assist, as far as is consonant with efficient and economical survey, in the establishment and increase of permanent control marks of all types throughout the Republic of Vanuatu.
Triangulation and Trilateration
GEODETIC AND SECONDARY TRIANGULATION
28. All geodetic and secondary triangulation and trilateration shall be carried out under the control of the Director, and shall normally be performed by Government surveyors.
LOWER ORDER TRIANGULATION
29. (1) All new triangulation and trdateration of a lower order than geodetic or secondary required to provide general control for cadastral surveys shall be brought into harmony with existing control by methods conforming with current survey practice.
(2) When issuing survey data for such work to a surveyor, the Director may recommend either a particular sequence in the computation of new work or any special computations which the circumstances may require, and it shall be the duty of a surveyor so informed not to depart from the Director's recommendation without reasonable cause.
TERTIARY AND MINOR TRIANGULATION
30. For the purposes of regulations 31 and 32, tertiary triangulation or trilateration means triangulation or trilateration established to an accuracy which makes it suitable for use as a basis of further triangulation or trilateration; minor triangulation or trilateration means triangulation or trilateration established to a lower accuracy and suitable only as a basis for fixing local traverses and monuments.
INSTRUMENTS USED FOR TRIANGULATION AND TRILATERATION
31. (1) A micrometer or electronic theodolite of an approved pattern reading directly to one second of arc, or better, shall be used for tertiary triangulation.
(2) A micrometer or electronic theodolite of an approved pattern reading, directly to twenty seconds of arc, or better, shall be used for minor triangulation.
(3) Electronic distance measuring equipment of an approved pattern shall be used for trilateration distance measurement.
METHOD OF TAKING TRIANGULATION OBSERVATIONS
32. (1) The minimum requirement for tertiary and minor triangulation shall be two arcs observed on different zeros:
Provided that 2 rounds observed on different faces and different zeros may be sufficient for observations to points situated at a distance of not more than 2 kilometres.
(2) An arc of angular observations for triangulation shall consist of 2 rounds observed in opposite directions on the same zero, 1 round being on face left and the other on face right.
(3) For each arc a suitable reference station shall be selected and both rounds of the arc shall be closed on to it, and the misclosure of each round shall be appropriate to the class of theodolite used.
(4) The difference between measurements of any angle on different arcs shall be appropriate to the class of theodolite used.
(5) Where electronic distance measuring equipment is used sufficient observations shall be taken to eliminate any ambiguities and achieve the accuracy required by regulation 7.
FIXING OF MONUMENTS
33. (1) Triangulation, trilateration, or a combination of these techniques for determining the position of monuments shall be carried out in accordance with the procedure laid down in regulations 29 to 32 and the method of computation shall conform with current survey practice.
(2) Survey marks may also be fixed by -
(a) intersection, provided at least 3 suitable rays are observed on to the point to be fixed;
(b) resection, provided at least 4 points in favourable positions for such fixing are observed;
(c) any other method which is capable of fixing a point with no less accuracy than that of the methods of intersection and resection:
Provided that no point fixed by any of the methods specified in subparagraphs (a), (b) and (e) of this subregulation shall be used to form the basis of further triangulation or trilateration.
ISOLATED SURVEYS
34. In areas where no triangulation exists a surveyor shall request instructions from the Director as to the datum and method of survey to be used.
Traverse Surveys
GEODETIC AND SECONDARY TRAVERSES
35. All geodetic and secondary traverses shall be carried out under the control of the Director and shall normally be performed by Government surveyors.
LOWER ORDER TRAVERSES
36. (1) (a) All main control traverses shall be observed to third order standard;
(b) where such lines are measured by means of a measuring band all such lines shall be double-chained;
(c) where such lines are measured by means of electronic distance measuring equipment sufficient observations shall be taken to eliminate any ambiguities;
(d) all such field operations shall be appropriate to a standard of accuracy of not less than 1:20,000.
(2) (a) All other control traverses for the survey of rectilinear boundaries shall be observed to fourth order standard;
(b) field operations for such surveys shall be appropriate to a standard of accuracy of 1:10,000, but computational misclosures shall be allowed to the same degree of accuracy as the datum supplied by the Director;
(c) no surveyor shall use a loop traverse closing on his starting point if it is practicable to traverse between two previously fixed stations;
(d) when a surveyor is unable to close his work within the limits prescribed by the Director, the Director may at his discretion authorise or instruct the surveyor, to accept a lower order of misclosure, otherwise the surveyor shall close his new work by a loop traverse, orientation being confirmed in a satisfactory manner.
(3) (a) The survey of curvilinear boundaries such as roads, rivers, mean. high water marks, etc., shall be made by subsidiary traverse or by air survey methods:
Provided that this regulation shall not preclude any more accurate method;
(b) such surveys of curvilinear boundaries shall be carried out to a standard of accuracy appropriate to the plotting scale of the plan of the survey.
(4) Where traverses are very short, a reasonable misclosure shall be allowed irrespective of the minimum requirements under these regulations.
ANGULAR MEASUREMENT OF TRAVERSES
37. (1) A theodolite permitted by regulation 31(1) shall be used for all third order traverses where the distances are measured with electronic distance measuring equipment.
(2) A theodolite permitted by regulation 31(2) shall be used for all other third and fourth order traverses.
(3) At every traverse station of third and fourth order traverses, not less than 2 rounds of angular measurements on different faces and different zeros shall be measured.
(4) Angular measurements for subsidiary traverses, may be made either with a theodolite or a compass of approved pattern, subject to the necessity to achieve the standard of accuracy required by regulation 36(3)(b). If a compass is used, both forward and back observations must be observed at each station.
(5) It is not necessary to close rounds of traverse observations onto a reference station.
LINEAR MEASUREMENT OF TRAVERSES
38. (1) (a) All linear measurements of third and fourth order traverses shall be measured using equipment and methods appropriate to the standards of accuracy specified in regulation 36(1) and (2);
(b) slopes shall be determined by a theodolite, with a degree of precision appropriate to the standards specified in regulation 36(1) and (2), and where the slope is in excess of 10 the theodolite shall be read on both faces;
(c) all measurements shall be reduced to the horizontal at mean sea level. In addition measurements made with a measuring band shall be corrected for temperature and, where appropriate, sag.
(2) (a) All linear measurements of subsidiary traverses shall be measured using equipment and methods appropriate to the standards of accuracy specified in regulation 36(3);
(b) slopes shall be determined by a theodolite or abney level with a degree of precision appropriate to the standards specified in regulation 36(3);
(c) all measurements shall be reduced to the horizontal.
SURVEYS OF CURVILINEAR BOUNDARIES
39. (1) In every survey of curvilinear boundaries by the tacheometric method, distances determined by staff readings shall not normally exceed 150 metres and all 3 stadia readings on the staff shall be read.
(2) Offsets to curvilinear boundaries from a traverse line which substantially exceed 50 metres shall be set out instrumentally or geometrically and the method shall be recorded in the field notes.
SWINGING OR HANGING TRAVERSES
40. Swinging or hanging traverses unsupported by independent checks shall not be used.
VERIFICATION OF TERMINALS OF TRAVERSE
41. Where the means exist, every point of departure of a new traverse and every terminating point shall be verified by observations and/or measurements, which shall be recorded in the field notes.
VERIFICATION OF DATUM
42. Where a previously coordinated traverse station is converted for use as a boundary monument or where such traverse station is used to place or fix a boundary monument the surveyor shall verify the station by observations and/or measurements which shall be recorded in the field notes.
Air Surveys
AIR SURVEYS
43. (1) Air survey methods may be employed in special cases with prior written approval of the Director.
(2) All applications for aerial surveys shall be submitted to the Director and shall be in the form as set out in Form B of Schedule 1.
(3) All aerial photography shall be submitted to the Director for his inspection.
PART V
SUBDIVISIONAL SURVEYS
SURVEYOR'S ROLE
44. A surveyor may survey land that is the subject of an application to subdivide but must adhere to the terms and conditions stated in these regulations concerning such applications.
APPLICATION FOR CONSENT TO SUBDIVIDE
45. (1) An application made to the Director in accordance with section 12(2)(a) of the Land Leases Act, Cap. 163 shall be in the form as set out in Form A of Schedule 1 and shall state whether the subdivision is for -
(a) agricultural purposes; or
(b) the purpose of construction of dwelling houses, industrial or commercial buildings or of any other non-agricultural use.
(2) There shall be attached a statement of intended usage and a plan on durable paper or other stable medium showing -
(a) existing boundaries of the land, the subject of the subdivisions;
(b) the position of existing buildings erected on the land or less than 3 metres from the boundaries of the land; and
(c) where and as appropriate, the proposed position and width of the principal, secondary and residential roads, lanes, footpaths, gutters and drains and the proposed position of houses, septic tanks, water pipes, telephone and. electricity supply lines, vehicle parking spaces, pedestrian pavements and green spaces.
MINIMUM ROAD FRONTAGES AND AREAS
46. (1) In an application submitted for the purposes of regulation 45(1)(b) of these regulations in respect of urban land, the minimum road frontage of any lot in a subdivision made in each zone classified in the Port Vila Municipal By-Law No. 9 of 1979 and any amendment thereto, or designated by Luganville Municipality shall be -
for zone A-25 metres,
for zone B-20 metres,
for zone C-15 metres,
for zone D-15 metres,
and the minimum area shall be -
or zone A-1,000 square metres,
for zone B-800 square metres,
for zone C-Residential-600 square metres,
for zone C-Commercial-500 square metres,
for zone D-500 square metres.
(2) In an application submitted for the purposes of regulation 45(1)(b) in respect of rural land, the minimum road frontages of any lot in a subdivision shall be 20 metres and the minimum area shall be 1,000 square metres.
MINIMUM ROAD WIDTHS
47. The minimum widths of roads in any land comprising a lease to be subdivided shall be as follows -
(a) principal roads-15 metres;
(b) secondary roads-10 metres;
(c) residential roads, being roads primarily used for access to residences-8 metres;
(d) lanes, being thoroughfares, primarily used for access to back premises-4 metres;
(e) pathways, being thoroughfares primarily for the use of pedestrians-2 metres:
Provided that the Director in his discretion may approve roads, lanes and pathways of less than minimum width where it appears to the Director that the land under subdivision cannot otherwise be fully or properly utilised or that such approval will not unreasonably prejudice future development of adjacent land.
RECLAIMED LAND
49. Where an application is in respect of a lease of land including reclaimed land, it shall be subject to the following additional requirements -
(a) the land shall be adequately compacted and drained;
(b) the land shall have a minimum height above mean high water mark of 1.5 metres; and
(c) all lots in the subdivision shall have vehicular access including access for refuse collection vehicles.
AMENDMENTS, CORRECTIONS, CONDITIONS
49. (1) The Director may require the applicant to amend his application and/or plan to fulfil such requirements as he may consider necessary and may approve the application subject to the completion of such amendments and the fulfilment by the applicant of any condition imposed by him pursuant to these regulations.
(2) If the Director is of the opinion that any building or further development is undesirable on the land which is the subject of the application or having regard to the health, amenity or convenience of the neighbourhood, that any subdivision shown on the plan is unsuitable he may refuse the application or he may, in approving the application in whole or in part, impose such conditions as are necessary to give effect to such decision.
PART VI
FIELD NOTES
FIELD NOTES TO BE ON SPECIAL FORMS
50. (1) Field notes shall be made on such forms or books as the Director may from time to time specify.
(2) Every surveyor shall pay to the Director the cost price of any blank forms or books supplied to him by the Director pursuant to this regulation.
RECORDING OF TRIANGULATION OBSERVATIONS
51. (1) At each triangulation and trilateration station every surveyor shall, when taking; observations, record in his field notes the date, time, weather conditions and degree of visibility.
(2) When it is necessary, for any reason, for a surveyor to divide his observations at any station into 2 sets, the second set shall incorporate at least 2 stations which have been observed in the first set.
RECORDING OF TRAVERSE OBSERVATIONS
52. All traverse observations and measurements shall be recorded in the field notes in the sequence in which they are observed or measured.
DESCRIPTION OF MONUMENTS
53. A full description of every monument and other mark used in the course of the survey, whether placed, found and used or adopted shall be recorded in the field notes.
METHOD OF ENTERING FIELD NOTES
54. (1) All observations and measurements made in the field shall be recorded clearly and legibly in black ink or hard pencil and shall be in such manner as the Director may from time to time specify.
(2) All entries in field notes, which are not made in the field shall be written in red ink.
(3) All entries in field notes shall be indexed and referenced in such a way that any competent person may be able to prepare a true plan therefrom and the entries shall be in such form that they have only one reasonable and correct interpretation.
ERASURES AND CORRECTIONS
55. (1) In no
circumstances shall any erasure be made in field notes.
(2) Corrections shall be made by drawing a thin line through the erroneous entry so is to have the original entry legible; the correct entry shall be written outside the erroneous entry and not across it.
(3) Corrections to field notes shall be made in the field and shall be a true record of actual measurements or re-observation and shall be initialled by the supervisor.
NOMENCLATURE
56. (1) The letters, names or numerals, by which any monument or survey mark is described in field notes shall be written in Roman script.
(2) In choosing suitable descriptions, every surveyor shall take care to avoid nomenclature which is likely to lead to confusion and the letters L, O, S and Z shall not be used except in pronounceable words.
COVER PAGE AND INDEX
57. (1) The cover page of field note forms or the cover of field note books shall contain such information as the Director may from time to time specify.
(2) This information shall include the standard temperature and tension for the measuring band used in the survey and where measurements have been made in catenary the weight per 100 M of the measuring band.
(3) The pages of field notes shall be numbered and an index in alphabetical and numerical order of all observations and measurements in the field notes shall be given on the reverse of the cover or cover page.
UNORTHODOX METHODS
58. When any surveyor is compelled to use unorthodox methods of survey owing to obstructions or difficulties in the field, he shall give explanatory notes and, where necessary, diagrams in the field notes to explain clearly the method he has used and recorded.
TOPOGRAPHICAL FEATURES
59. (1) Sketched topographical features in the vicinity of a monument shall be recorded, where possible, to facilitate its location.
(2) All developments on any plot such as buildings, wells, boreholes etc., shall be surveyed. Any other development such as pipelines, which in the surveyor's opinion may involve a question of easement, right of way or any prescriptive rights shall also be surveyed.
PART VII
COMPUTATIONS
COMPUTATIONS TO BE ON SPECIAL FORMS
60. (1) Computations shall be made on such forms or computer printouts as the Director may from time to time specify.
(2) Every surveyor shall pay to the Director the cost price of any blank forms supplied to him by the Director pursuant to this regulation.
METHOD OF ENTERING COMPUTATIONS
61. Computations shall be clearly and legibly set out in black ink, and the entry of numbers or words to indicate checks on the computations shall be made in red ink. Green ink will be reserved for the use of the checking staff of the Department of Land Surveys.
TRIANGULATION AND TRILATERATION
62. Every survey carried out by triangulation or trilateration shall be set out and computed by the direction method, or in conformity with any current standard survey method.
TRAVERSES
63 (1) In surveys carried out by traverse methods, each separate traverse shall normally be set out in suitable form so as to demonstrate the initial datum bearing or bearings, the bearing misclosure and the consequent adjustment of bearings.
(2) The positional misclosure, its distribution through the traverse, and the finally adjusted values of all traverse points shall be demonstrated in conformity with current standard survey practice.
INDEPENDENT CHECKS TO BE MADE
64. Before any surveyor forwards any computations to the Director for authentication he shall make an independent and complete check of all his calculations, and such checks shall accompany the computations and be clearly demonstrated.
METHOD OF COMPUTING AREA
65. (1) The rectilinear areas of parcels, the boundaries of which have been fixed, shall be computed mathematically.
(2) When a portion of the boundary of a parcel, the boundaries of which have been fixed, is a curvilinear boundary, the area of the parcel shall be determined partly by computing from co-ordinates and partly by planimeter determination from a drawing of the curvilinear boundary which has been drawn in conformity with regulation 71.
(3) If necessary, the co-ordinates of accurately scaled points on the drawing of the curvilinear boundary shall be used in the computation, in order to reduce to a minimum the area to be determined by the planimeter.
METHOD OF MEASURING AREAS
66. The areas of parcels, the boundaries of which are approximate only, shall be determined by planimeter measurement.
DEGREE OF ACCURACY OF CALCULATING AREAS
67. Areas shall normally be calculated to the nearest square metre and presented in the form of .... ha .... a .... ca.
PRESENTATION OF COMPUTATION
68. The computations of every survey submitted for authentication shall be preceded by -
(a) a report; and
(b) a general index to the computations; and
(c) a complete list of final co-ordinates of every point adopted or calculated in the survey; this list shall be arranged in groups comprising datum points, new triangulation, trilateration, and traverse stations, old or re-established boundary monuments and new boundary monuments, arranged in alphabetical and numerical order; and on this coordinate list a description of every point shall be given, and reference shall be made to the source of co-ordinates including datum plans or pages of computations.
PART VIII
PLANS
PLANS TO BE DRAWN ON SPECIAL FORMS
69. (1) All plans shall be drawn in waterproof inks on such plan forms as the Director may from time to time specify.
(2) Every surveyor shall pay to the Director the cost price of any plan forms supplied to him by the Director pursuant to this regulation.
SCALES TO BE USED
70. Plans shall be plotted at the same scale as the cadastral plan of the area in which the parcel is situated:
Provided that in special circumstances plans shall be plotted at such scale as the Director may from time to time specify.
PLOTTING OF CURVILINEAR BOUNDARIES
71. (1) Where the consent of the Director has been obtained for the adoption of an existing survey of a curvilinear boundary, the surveyor shall -