204 Public Survey Protection

• Author: Ralph Hone
• Pages: #4

CHAPTER 204.

PUBLIC SURVEY PROTECTION.

AN ACT TO PROVIDE FOR THE PROTECTION OF PUBLIC SURVEYS.

[31st May 1951.] 1. This Act may be cited as The Public Survey Protection Act.

2. In this Act, unless the context otherwise requires'survey' includes any geodetic, trigonometrical, topographic or cadastral survey and the establishment of any framework for any such survey;

   'public survey' means a survey certified by the Crown Lands Officer to be a public survey.

3. -(1) For the purposes of any public survey the Crown Lands Officer or any surveyor authorised in writing by him, together with such assistants as may be required, may enter upon or traverse any land, public or private, and may affix or set up or place thereon or therein, trigonometrical stations, survey beacons, marks or poles and do all things necessary for such public survey.

   (2) Every person acting in pursuance of the powers conferred by subsection (1) of this section shall, when practicable, give reasonable notice to the owner or occupier of the land of his intention to enter thereon.

   (3) The owner of any crops or trees, cut or damaged in the exercise of any of the powers conferred by this Act shall be entitled to compensation therefor, which compensation shall be assessed and paid by the Crown Lands Officer:

   Provided that any dispute concerning the sufficiency of compensation so paid shall be finally determined by a justice of the peace upon application made to him for that purpose by the Crown Lands Officer or disputing party.

   5 of 1951.

   43 of 1964.

   Short title.

   Interpretation.

   Power of entry.

   Compensation.

   Recording of details of public surveys.

   Publication of details of public surveys.

   Offences.

   Common informers.

   Regulations.

   (4) Notwithstanding subsection (1) of this section, no permanent survey beacon or mark shall be affixed or placed in any garden or yard attached to any dwelling house.

4. The locality, description and position of all permanent survey beacons or marks whether above or below ground, put down to mark any public survey, shall be registered and recorded in a suitable manner by the Crown Lands Officer in his office.

5. The Crown Lands Officer shall cause to be published in the Gazette and in two newspapers in the Colony a notice giving the locality, description and position of all survey beacons put down to mark a public survey, as soon as is conveniently possible after such beacons have been registered and recorded in his office.

6. -(1) Any person acting without the...