Malaysia legislation
Section 398
Section 398
Powers of Director of Survey and Mapping
(1)
The Director of Survey and Mapping may carry out a survey of any land in the State for the purposes of this Act and, in connection with the survey, may—
(a)
do preparatory work on the land or adjacent land;
(b)
mark out the boundaries of the land;
(c)
emplace boundary marks on the land or adjacent land;
375
National Land Code 551
Provisions of the
National Land Code
Modification
Subsection 397(2)
In its application to the Federal Territory of Kuala
Lumpur, substitute the following—
“(2) The Director General of Survey shall act in accordance with such directions as to policy and as to the exercise of his powers as may be given by the Minister.”.
Act 828
(d)
alter, repair or remove any boundary mark so emplaced;
(e)
remove or destroy trees, crops, fences and other property on the land or adjacent land; and
(f)
do on the land or adjacent land all other things reasonably necessary for carrying out the survey.
(2)
The Director of Survey and Mapping may emplace any survey reference mark on any land in the State, and may do on the land or adjacent land all things reasonably necessary for the establishment, protection, maintenance, repair, alteration or removal of such mark.
(3)
In the exercise of the powers conferred by subsections (1)
and (2), the Director of Survey and Mapping shall have the right of access to and entry upon any land in the State.
(4)
The powers conferred on the Director of Survey and
Mapping by subsections (1), (2) and (3)—
(a)
may be exercised on behalf of the Director of Survey and Mapping by any Survey Office or licensed land surveyor; and
(b)
may be exercised at all reasonable times and with such number of assistants as the Director of Survey and
Mapping or the person acting on his behalf, as the case may be, thinks appropriate.
Duty to complete survey 398a. (1) Where any licensed land surveyor carries out a survey of any land for the purposes of this Act, he shall complete the survey within the stipulated time and deposit all the survey plans together with the relevant field books, calculation sheets and other survey data with the Director of Survey and Mapping within such period as may be specified by the Director of Survey and Mapping.
376
National Land Code 553
(2)
The Director of Survey and Mapping may, by a notice in
Form 29d, require any licensed land surveyor who has not completed the survey to produce any document relating to the survey which is in his possession or control.
(3)
Where any licensed land surveyor fails to complete any survey, without any reasonable cause, the Director of Survey and Mapping shall complete or cause to be completed the survey and recover the costs of the completion of the survey from such surveyor.