Vanuatu Consolidated Legislation - 1988
Commencement: 11 February 1985
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
Act11 of 1984
ARRANGEMENT OF SECTIONS
The Director and His Duties
2. The Director
3. Duties of the Director
The Land Surveyors Board
4. The Board
6. Duties of the Board
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
Conduct of Surveys
17. Duties of land surveyors
18. Surveys for purposes of Cap. 163
19. Recognition by courts
21. Surveyor's power to seek information
Preservation of Survey Marks
22. Removing or defacing survey marks
23. Obstructing surveyors
Authentication of Plans
24. Authentication of plans
25. Cancellation of authentication
26. Aerial survey
27. Minister's power to make regulations
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.
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.
THE DIRECTOR AND HIS DUTIES
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.
THE LAND SURVEYORS BOARD
(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.
REGISTRATION OF SURVEYORS
QUALIFICATION FOR REGISTRATION
(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
(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
CANCELLATION OF REGISTRATION
(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.
COMPLAINTS OF UNPROFESSIONAL CONDUCT
(2) The Board shall deal with all disciplinary matters in accordance with the provisions of this Act.
CONDUCT OF DISCIPLINARY PROCEEDINGS
(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
(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
(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
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
RECOGNITION BY COURTS
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
(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.
PRESERVATION OF SURVEY MARKS
REMOVING OR DEFACING SURVEY MARKS
Penalty: Imprisonment for 6 months or fine of VT50,000 or both.
Penalty: Imprisonment for 3 months or fine of VT20,000 or both.
AUTHENTICATION OF PLANS
AUTHENTICATION OF PLANS
(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.
(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.
MINISTER'S POWER TO MAKE REGULATIONS
(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.
LAND SURVEYORS REGULATIONS
Order 3 of 1985
ARRANGEMENT OF REGULATIONS
Regulations Affecting All Land Surveys Made Under Section 18 of the Act
3. Units of measurement
9. Information prior to survey
10. Prior approval of statutory authorities
11. Authority for entry upon land
14. Fees chargeable by private surveyors
Survey Marks, Boundary Monuments and Boundaries
16. Placement of survey marks
17. Line monuments and river beacons
18. Placing monument on boundary
24. Re-establishment of missing monuments
25. Redundant monuments
26. Surveys and re-establishment of boundaries
Surveys Performed by Triangulation, Trilateration, Traverse and Air Surveys
27. Guiding principle
Triangulation and Trilateration
29. Lower order triangulation
30. Tertiary and minor triangulation
36. Lower order traverses
37. Angular measurement of traverses
43. Air Surveys
44. Surveyor's role
48. Reclaimed land
49. Amendments, corrections, conditions
50. Field notes to be on special forms
51. Recording of triangulation observations
53. Description of monuments
54. Method of entering field notes
57. Cover page and index
58. Unorthodox methods
59. Topographical features
70. Scales to be used
71. Plotting of curvilinear boundaries
73. General rules
74. Abutting boundaries
76. Triangulation plans
77. Colours and style of printing
81. Authentication by the Director
Readjustments of Boundaries of Land Surveyed Before
the Commencement of the Act
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
LAND SURVEYORS REGULATIONS
To provide regulations for land surveyors and for matters connected therewith.
"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.
REGULATIONS AFFECTING ALL LAND SURVEYS
MADE UNDER SECTION 18 OF THE ACT
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
MAINTENANCE OF MEASURING INSTRUMENTS
(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
(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
CHECKING OF SURVEYS
INFORMATION PRIOR TO SURVEY
(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
AUTHORITY FOR ENTRY UPON LAND
(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
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 CHARGEABLE BY PRIVATE SURVEYORS
SURVEY MARKS, BOUNDARY MONUMENTS AND BOUNDARIES
DESIGN AND SPECIFICATION OF SURVEY MARKS
(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
(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
(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
MONUMENTS PLACED FROM COMPUTED DATA
WHEN MONUMENTS CANNOT BE PLACED
DAMAGED MONUMENTS TO BE REPAIRED
TRIGONOMETRICAL STATIONS TO BE REPAIRED
(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.
RE-ESTABLISHMENT OF MISSING MONUMENTS
SURVEYS AND RE-ESTABLISHMENT OF BOUNDARIES
(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.
SURVEYS PERFORMED BY TRIANGULATION, TRILATERATION,
TRAVERSE AND AIR SURVEYS
Triangulation and Trilateration
GEODETIC AND SECONDARY TRIANGULATION
LOWER ORDER TRIANGULATION
(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
INSTRUMENTS USED FOR TRIANGULATION AND TRILATERATION
(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
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
(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.
GEODETIC AND SECONDARY TRAVERSES
LOWER ORDER TRAVERSES
(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
(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
(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
(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
VERIFICATION OF TERMINALS OF TRAVERSE
VERIFICATION OF DATUM
(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.
APPLICATION FOR CONSENT TO SUBDIVIDE
(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
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
(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.
(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
(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.
FIELD NOTES TO BE ON SPECIAL FORMS
(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
(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
DESCRIPTION OF MONUMENTS
METHOD OF ENTERING FIELD NOTES
(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.
(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
(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.
(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.
COMPUTATIONS TO BE ON SPECIAL FORMS
(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
TRIANGULATION AND TRILATERATION
(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
METHOD OF COMPUTING AREA
(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
DEGREE OF ACCURACY OF CALCULATING AREAS
PRESENTATION OF COMPUTATION
(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.
PLANS TO BE DRAWN ON SPECIAL FORMS
(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
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
(b) make an accurate transfer for use at the same scale; or
(c) re-plot from the original field notes and computations for use at a larger scale.
(2) Where a rectilinear boundary intersects a curvilinear boundary and the provision of regulation 17 is applicable, the distance from each line or river monument to the intersection shall be shown to the nearest decimetre, but the distances between successive monuments along the rectilinear boundary shall be shown to the degree of precision required by regulation 75(3).
(3) Where a curvilinear boundary of a parcel has been fixed, such curvilinear boundary shall be distinctively described.
PLOTTING BY CO-ORDINATES
72. All plans shall be plotted by rectangular co-ordinates.
(2) The north point on every plan shall be upwards and parallel to the sides of the plan form.
CO-ORDINATES AND NUMERICAL DATA
(2) Where boundaries of parcels have been fixed, the following additional information shall be given on the plan -
(a) the co-ordinates of block corners of regular shaped figures and of all monuments of irregular shaped parcels shall be tabulated;
(b) the length and bearing of every boundary shall, when possible, be inscribed along the line to which they refer and such lengths and bearings shall be deduced from the final co-ordinates tabulated on the plan.
(3) Co-ordinates, and lengths when required by subregulation (2) of this regulation, shall be shown to nearest centimetre.
(4) (a) The area of every parcel shall be inscribed where possible within the figure to which it refers to the degree of accuracy prescribed by regulation 67;
(b) sufficient space shall be left for the title number to be inserted by the Director;
(c) no title number shall be inserted by any surveyor.
(5) All other data which may serve to clarify or complete any survey plan, shall be shown on the plan.
Provided that it shall not be necessary to draw a separate plan where the control points have been surveyed by methods permitted in regulation 33(2).
COLOURS AND STYLE OF PRINTING
(2) When form lines add nothing of significant value to the plan, they shall not be shown.
(3) Topographical information may be taken from any official map published by the Director or any authority approved by him with due caution in regard to the limitations enjoined by the scale of the map.
(4) Where topographical information is taken from aerial photographs, the source shall be shown on the plan.
ERASURES OR CORRECTIONS
79. (1) No erasures shall be made after a plan has been drawn in ink.
(2) Necessary corrections shall be made by scoring through the incorrect work, letter, or numeral in ink and writing the correct work, letter, or numeral. Every such correction shall be initialled by the surveyor.
80. Every plan shall have on it a certificate as set out on Form C of Schedule 2.
AUTHENTICATION BY THE DIRECTOR
READJUSTMENTS OF BOUNDARIES OF LAND SURVEYED
BEFORE THE COMMENCEMENT OF THE ACT
PUBLIC ACCESS TO MAP AND PLANS
Provided that the Director or his representative may refuse access as he may deem necessary in the public interest.
(2) A search fee of VT200 per plan shall be paid in advance by any person who is not a surveyor or not on official duty, for access to any unpublished plan and the search fee shall be credited against the price of any print of the plan purchased at the time of the search.
APPLICATION FOR SUBDIVISIONAL SURVEYS
To: Director of Land Surveys
I ............................................. of ............................................. being registered Land Surveyor No. ..... hereby make application to subdivide a parcel or parcels of land situated at ............................................. for -
(The purpose and use of the land on which sub-divisional survey is intended to be carried out and the development conditions, if any, in addition to those set out in regulation 45 must be set out herein.)
Date ........................................... Signature ............................................
APPLICATION FOR AERIAL SURVEYS
TO: Director of Land Surveys
I, ..................................... of ............................................. being registered Land Surveyor No. ..... hereby make application to carry out aerial survey of -
(Any part or parts, or island or islands of Vanuatu intended to be air surveyed and the purpose or purposes of the air survey, must be set out herein.)
Date ................................................. Signature ..............................................
CERTIFICATE FOR UNQUALIFIED SURVEY ASSISTANTS
I hereby certify that all the work performed in the field and in the office by my assistant, Mr ...................................... has been carried out under my personal direction, and I take full risibility for all the work so performed.
Made at .......................... this ............... day of .......................... 19 ..........
REPUBLIC OF VANUATU
AUTHORITY TO ENTER LAND
I hereby duly authorise Mr ................................................. being a registered Land Surveyor under and in accordance with the Land Surveyors Act, Cap. 175 to enter upon any land to perform any duty which he is required to perform thereon under the said Act.
Made at .......................... this ............... day of .......................... 19.......
Director of Land Surveys
CERTIFICATE FOR PLANS SURVEYED
I ..................................................... of ............................................. being a registered Land Surveyor No. ............... hereby certify that the attached plan/plan/has/have, been drawn as a result of a survey carried out by me or under my direction at ............................................. on ............................................. (date).
Made at .......................... this ............... day of .......................... 19 ...........
The Department of Land Surveys
VATU PER MAN HOUR
Field Survey - 900
Labour - 300
Computing - 800
Draughting - 700
Materials - At cost or by prescribed charges for photocopying
2. Survey Charges
(a) Certified cadastrat map extract, official plan, each VT 400
(b) Uncertified cadastral map extract VT 200
(c) Photocopy (A4) of official A3 plan VT 100
(a) Paper print of map or cadastral plan, each VT 1,000
(b) Other paper print from the Department's
documents, per metre VT 900
(c) As (b) above but on special heavy duty paper,
per metre VT 1,200
(d) Paper print from a tracing supplied by the
applicant, per metre VT 400
(e) Paper print of the aerial photography diagram VT 600
(f) Film positive of a tracing supplied by the
applicant, per metre VT 1,000
(g) Photocopy of map extract-A4 size, each VT 50
(h) Minimum fee per order VT 200
(a) Co-ordinates with station description, per point VT 100
(b) Co-ordinates without station description, per point VT 50
(c) Co-ordinate lists, each list of at least 4 points,
price of the list per point: VT 50
(d) Height of bench marks (each) VT 50
(e) Minimum fee VT 50
(a) 1:2500 maps of Port Vila and Luganville VT 300
(b) 1:50,000 or 1:100,000 maps of Vanuatu per sheet VT 300
(c) 1:1,000,000 maps of Vanuatu (coloured), per sheet VT 500
(d) 1:10,000 maps of Port Vila and Luganville
(coloured) per sheet VT 500
(e) 1:10,000 map of Mere Lava (coloured) per sheet VT 300
5. Search Fees
(a) To locate details of plans, aerial photographs,
valuations, computations or mapping details,
per sheet VT 700
(b) Minimum fee VT 200
[NOTE: The Department of Land Surveys may demand advanced costs, payment or deposit for all the services rendered.]