LAWS OF WESTERN SAMOA

SURVEY ORDINANCE 1961

No. 12 of 1961

ANALYSIS

Title
1. Short title
2. Interpretation

PART I

LICENSING OF SURVEYORS AND SURVEYS

3. Licence
4. Conduct of surveys

PART II

SUBDIVISIONS

5. Scheme plan of subdivisions to be submitted
6. Consideration of scheme plan
7. Subdivision plan may be deposited
8. Persons entitled to be heard on appeals
9. Conditions as to use of land
10. Director to hold scheme plan
11. Variation or revocation of scheme plan or conditions imposed
12. Roads and rights of way
13. Dedication of roads
14. Rights of way and drainage easements
15. Access ways and service lanes
16. Reserves
17. Vesting of reserves, etc.
18. Documents in contravention of Ordinance not to be registered

PART III

GENERAL

19. Removal of buildings or hoardings erected contrary to conditions
20. Delegation of Minister's powers
21. Offences
22. Regulations
23. Repeals and savings

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1961, No. 12

An Ordinance to consolidate and amend the law relating to surveys and the subdivision of land

[12 October 1961

1. Short title - This Ordinance may be cited as the Survey Ordinance 1961.

As to encroachments upon land, and overhanging coconut trees, see ss. 8 and 15 of the General Laws (No. 2) Ordinance 1932, reprinted under title General Laws.
As to surveys and surveyors generally, see Part II of the Land Ordinance 1959.

2. Interpretation - (1) In this Ordinance, unless the context otherwise requires, -

"Any land" means all land in physical contiguity under the one ownership, whether purchased at the same or at different times and whether held under one or more instruments of title:

"Court" means [the Supreme Court] of Western Samoa:

"Director" means the Director of Lands appointed under the Land Ordinance 1959, and in his absence the person lawfully acting in place of the Director:

"Disposition of land" includes an exchange, sale, gift, devise, or other dealing affecting the fee simple, and a lease for any term (including renewals under the lease) of not less than 10 years; and includes any dealing affecting the leasehold interest:

"Dominant tenement" means land which has attached to it an easement over other land:

"Easement" means a legal right to use of land of another, without the right to possession of that land, or to take any part of the soil or produce of such land:

"Easement in gross" means an easement over land, which is not appurtenant to other land, but which belongs to a person independently of the ownership of land:

"Minister" means the Minister of Lands:

"Owner" means the owner in fee simple whether beneficially or as trustee, and includes a mortgagee acting in exercise of power of sale, the Public Trustee, and any Board or other body or authority, howsoever designated, constituted, or appointed, having power to dispose of land or interest therein by way of sale:

"Registrar of Land" or "Registrar" means the Registrar of Land appointed under the Samoa Land Registration Order 1920 (N.Z.):

"Right of way" means an easement entitling the owner of a dominant tenement, or in the case of an easement in gross, the person entitled to the easement to pass and repass over the servient tenement:

"Servient tenement" means land over which there is an easement:

"Surveyor" means a person for the time being licensed as a surveyor under this Ordinance.

(2) For the purposes of this Ordinance any division of land, whether into 2 or more parcels, shall be deemed to be a subdivision of that land for the purposes of sale if at least one of those parcels is intended for sale.

"Court": In subs. (1), the reference to the Supreme Court was substituted for a reference to the High Court by s. 4(3) (a) of the Existing Law Adjustment Ordinance 1961.

PART I

LICENSING OF SURVEYORS AND SURVEYS

3. Licence - (1) Every adult person shall be entitled to a licence as a surveyor who satisfies the Minister -

(a) That he is duly registered as a surveyor under the Surveyors Act 1938 (N.Z.):

(b) That at the commencement of this Ordinance he holds the restricted authority of the Survey Board of New Zealand to practise surveying in Western Samoa:

(c) That he holds any other qualification declared by the [Head of State] to be an acceptable qualification for the purposes of this Ordinance.

(2) The fact that a person holds a licence under the last preceding subsection shall not relieve him of any requirement of the Business Licences Ordinance 1960.

(3) Every person who, not being the holder of a licence as a surveyor under this section, acts as a surveyor commits an offence and is liable to a fine of [$100].

In subs. (1) (a) the corresponding N.Z. enactment in force at the date of this reprint is the Surveyors Act 1966 (N.Z.).
In subs. (1) (c) the reference to the Head of State was substituted for a reference to the Council of State by s. 4(1) (c) of the Existing Law Adjustment Ordinance 1961. See Article 115 of the Constitution.
As to subs. (1) (c), see W.S.R. 1977/1A, reprinted in this title.

4. Conduct of surveys - All surveys of land for the purposes of this Ordinance shall be subject to the control of the Director and shall be made in manner prescribed by regulations made under this Ordinance or any former enactment.

PART II

SUBDIVISIONS

5. Scheme plan of subdivisions to be submitted - (1) Where any land is subdivided into allotments for the purposes of any disposition of land and any such allotment has an area of less than 5 acres, a scheme plan showing the proposed subdivision shall, unless the Minister otherwise determines, be prepared by a surveyor and submitted to the Minister for his approval:

Provided that nothing in this subsection shall apply to any alienation of [customary] land by way of lease under the provisions of section 12 of the Samoan Lands and Titles Protection Ordinance 1934.

(2) No person shall offer or advertise for sale, or build upon, any allotment in any subdivision to which this section applies, or form any proposed road in connection therewith, unless the scheme plan has been previously approved by the Minister.

(3) Every scheme plan prepared for the purposes of this section shall show the whole of the land being subdivided and the several allotments and their areas and dimensions, and, in addition to existing roads, reserves, access ways, and service lanes, and land affected by existing easements, shall also show the proposed roads and their approximate grades, the proposed reserves, access ways, and service lanes, the situation of any land to be affected by easements which are to be created and the nature of the easements, and such other particulars as may be prescribed by regulations made under this Ordinance.

In subs. (1), in the proviso, the reference to customary land has been substituted for a reference to Samoan land pursuant to Article 123(2) of the Constitution, and s. 3(f) of the Reprint of Statutes Act 1972.

6. Consideration of scheme plan - (1) The Minister may refuse to approve any scheme plan, or may approve the plan either unconditionally or upon or subject to such conditions as he thinks fit:

Provided that before approving any scheme plan the Minister shall submit a copy thereof to the Minister of Works and the Minister of Health for their comments.

(2) The Minister may refuse to approve any scheme plan -

(a) If in his opinion closer subdivision or settlement of the land shown on the scheme plan is not in the public interest or the land for any other reason whatsoever is not suitable for subdivision:

(b) If in his opinion adequate provision has not been made for the drainage of any allotment or the disposal of sewage therefrom:

(c) If the subdivision would in his opinion interfere with or render more difficult or costly the carrying out of any public work or scheme of development which is proposed or contemplated by the Minister of Works or any other Minister or any public body:

(d) If in his opinion the proposed subdivision does not conform to recognised principles of the closer settlement of land.

(3) The Director shall give notice of any conditions upon or subject to which a scheme plan has been approved to the person who made application for the approval of the scheme plan.

(4) In any case where the Minister has refused to approve a scheme plan or has approved a scheme plan upon or subject to conditions, any person aggrieved by the decision of the Minister may appeal in the prescribed manner to the Court, whose decision shall be final.

7. Subdivision plan may be deposited - (1) A plan of subdivision prepared by a surveyor complying with any approved scheme plan, and approved by the Director, may be deposited in the office of the Director within 2 years after the date of approval of the scheme plan, or, in the case of a scheme plan approved before the commencement of this Ordinance, within 2 years after the commencement of this Ordinance.

(2) Any approval to a scheme plan shall be deemed to have lapsed if a subdivisional plan is not deposited as provided in the last preceding subsection.

(3) Until a plan of subdivision has been deposited, it shall not be lawful for any person to sell any land comprised therein.

8. Persons entitled to be heard on appeals - Where an appeal under this Ordinance is made, the following persons shall be entitled to be heard and to produce evidence and cross-examine witnesses, namely -

(a) The owner of the land to which the appeal or dispute relates:

(b) Any Board, Commissioners, trustees, or other person or body however designated, having authority under any enactment to undertake in the locality in which the land is situated the construction or management of any public work:

(c) The Minister of Works:

(d) The Minister of Lands:

(e) The Minister of Health.

9. Conditions as to use of land - (1) Without prejudice to the generality of section 6 of this Ordinance, the Minister may approve a scheme plan subject to all or any of the following conditions:

(a) A condition restricting the use of all or any of the allotments shown on the plan:

(b) A condition restricting in the interests of public safety the use of land at road intersections or angles:

(c) A condition imposing a building line restriction by restricting the use of land adjoining any road or access way or service lane, by prohibiting the erection of buildings or hoardings within a specified distance of one of the side lines or of the middle line of the road or access way, or service lane, or between a specified line and one of the side lines of the road, access way, or service lane.

(2) Any such condition as aforesaid shall be shown or referred to on the scheme plan and, where necessary, shall be more fully described in a separate notice signed by the Minister which shall be referred to on the scheme plan.

(3) For the purposes of paragraphs (b) and (c) of subsection (1) of this section, "road" includes a proposed road and any area of land which in the opinion of the Minister may be used for the purposes of a road in any further subdivision, and "access way" and "service lane" include a proposed access way and proposed service lane, respectively.

(4) In every case where a building line restriction affecting land shown in a scheme plan has previously been imposed under section 4 of the Building Alignment Ordinance 1932 or under any previous approved scheme plan of subdivision, the Minister on the approval of the scheme plan shall either impose the same or some other building line restriction or, with the approval of the Minister of Works, declare the building line restriction to be wholly cancelled, and in either case the building line restriction previously imposed shall cease to have effect.

(5) In cases where the frontage on either side of any road has been set back by the operation of this or any other Ordinance, or voluntarily by the owner, or by arrangement with the Minister of Lands, the side line or the middle line of the road shall, for the purposes of any building line restriction, be taken to be the side line or the middle line of the road, as the case may be, as shown in the notice describing the building line restriction.

10. Director to hold scheme plan - (1) Every scheme plan approved by the Minister together with any notice of conditions restricting the use of any land shall be held by the Director.

(2) A copy of every scheme plan approved by the Minister together with a copy of any notice of conditions restricting the use of any land shall be forwarded by the Director to the Minister of Works.

11. Variation or revocation of scheme plan or conditions imposed - (1) Any scheme plan approved by the Minister may, on the application of the owner of the land affected thereby, be varied or revoked by the Minister as to the whole or any part of that land:

Provided that before any such variation or revocation the Minister shall refer the matter to the Minister of Works for his comments.

(2) Any building line restriction or other condition of a class referred to in section 9 of this Ordinance may, either on the application of the owner of the land affected thereby made with the approval of the Minister of Works, or on the application of the Minister of Works, be revoked or from time to time varied by the Minister either wholly or as to any part of the land affected thereby.

(3) Any variation or revocation of the scheme plan or of any building line restriction or other such condition as aforesaid shall be noted on the scheme plan and, where necessary, on the separate notice referred to in section 9 of this Ordinance.

12. Roads and rights of way - (1) The proposed roads shown on any scheme plan shall be laid off and constructed to the best advantage having regard to the position of existing roads in the locality and the possible future requirements in the district.

(2) Subject to the provisions of this section, the proposed roads shall be of such widths and have such grades as seem to the Minister most suitable having regard to the matters aforesaid and probable traffic on the roads.

13. Dedication of roads - (1) Every proposed road and every piece of land shown on the scheme plan as road which is not an existing public road shall be dedicated by instrument in writing which shall be registered by the owner in the office of the Registrar of Land.

(2) The Registrar shall refuse to register any instrument of dedication unless he is satisfied that the requirements of the last preceding section have been complied with.

14. Rights of way and drainage easements - (1) Land shown on any scheme plan as being land over which it is proposed to grant or reserve a right of way shall be of such width and length as may be approved by the Minister.

(2) No land which is the subject of a scheme plan shall become subject to a right of way, except with the approval of the Minister.

(3) Where the Minister approves a scheme plan conditionally on any specified rights of way or drainage easements shown on the plan being duly granted or reserved, the following provisions shall apply:

(a) No such right of way or drainage easement may be surrendered by the owner of the dominant tenement or, in the case of a drainage easement in gross, the grantee of the easement or be merged by transfer to the owner of the servient tenement, except with the approval of the Minister. The Registrar of Land shall endorse on the instrument by which the right of way or drainage easement is granted or reserved a memorial that the right of way or drainage easement is subject to the provisions of this paragraph:

(b) There shall be endorsed on the scheme plan and on every plan of subdivision of the land deposited under the Samoa Land Registration Order 1920 (N.Z.), a memorandum showing with respect to each such right of way or drainage easement which is the dominant tenement and which is the servient tenement or, in the case of a drainage easement in gross, the name of the proposed grantee and which is the servient tenement:

(c) The Registrar of Lands shall refuse to register any instrument of conveyance of any allotment shown on the plan, unless he is satisfied that all rights of way and drainage easements so specified which are appurtenant to that allotment or to which that allotment is subject have been duly granted or reserved.

(4) Subsection (3) of this section shall not apply with respect to any scheme plan that was approved before the commencement of this Ordinance.

15. Access ways and service lanes - (1) Subject to the approval of the Minister, any scheme plan may provide for the laying out and construction of access ways and service lanes complying with the provisions of this section.

(2) Every access way shall be of a width approved by the Minister and every service lane shall be of a width and grade approved by the Minister.

(3) Any person who is dissatisfied with the decision of the Minister under this section may appeal in the prescribed manner to the Court, whose decision shall be final.

(4) Every proposed access way or service lane and every piece of land shown on the scheme plan as access way or service lane which is not vested in[the Government] as access way or service lane shall be transferred to [the Government of Western Samoa] by instrument in writing which shall be registered by the owner in the office of the Registrar of Land, and the Registrar shall refuse to register any such instrument as aforesaid unless he is satisfied that the requirements of this section have been complied with.

(5) The control and management of access ways and service lanes created under this section shall vest in the Minister of Works, who shall have power to maintain and repair any access way or service lane.

In subs. (4) the word "Government" has been substituted for the word "Crown" and the words "the Government of Western Samoa" have been substituted for the words "Her Majesty in the right of the Government of Western Samoa" pursuant to s. 3 (f) of the Reprint of Statutes Act 1972 and Article 123 (1) of the Constitution.

16. Reserves - (1) On every scheme plan submitted under the foregoing provisions of this Ordinance there shall be set aside as reserved for public purposes a strip of land 10 metres in width along the mean high water mark of the sea and of its bays, inlets, or creeks, and, unless the Minister considers it unnecessary so to do, along the banks of all rivers and streams which have an average width of not less than 3 metres:

Provided that the Minister may approve the reduction of the width of the strip of land along the mean high water mark to a width of not less than 3 metres if in his opinion the reduced width will be sufficient to give members of the public reasonable access to the sea:

Provided also that nothing in this subsection shall apply with respect to the subdivision of any land which is [customary land within the meaning of Article 101 of the Constitution].

(2) In any case where a strip of land is set aside as required by the last preceding subsection and any land below the mean high water mark of the sea or of its bays, inlets, or creeks or, as the case may be, any part of the bed of the lake or river or stream is vested in the person in whom the land shown in the scheme plan is vested, the Minister may require as a condition of his approval of the scheme plan that the owner shall execute, or obtain the execution of, and register, a transfer to [the Government of Western Samoa] of the whole or a specified part of the land below the mean high water mark or, as the case may be, of the bed of the river or stream which is vested as aforesaid.

In subs. (1), in the second proviso, the words in square brackets were substituted for the words "Samoan land within the meaning of the Samoa Act 1921" by s. 30 of the Reprint of Statutes (Miscellaneous Provisions) Act 1975.
In subs. (2), as to the words "the Government of Western Samoa", see the note to s. 15 of this Ordinance.

17. Vesting of reserves, etc. - (1) On the deposit of any plan of the subdivision of the whole or any part of the land shown on a scheme plan, all lands shown on the plan of subdivision as public reserves shall vest in [the Government of Western Samoa], free from encumbrances other than such existing easements as may be approved by the Minister, and shall be held as provided in the next succeeding subsection:

Provided that the Director shall not accept for deposit any plan of subdivision as aforesaid which includes land set aside as reserves unless consent to the subdivision has been given in writing by every person having a registered interest in the land which may be prejudicially affected by the vesting of the land in [the Government] as aforesaid.

(2) Land shown as a public reserve which is vested in [the Government] under the last preceding subsection shall be held as a reserve set apart for the purposes indicated on the plan.

In subss. (1) and (2), as to the references to the Government, see the note to s. 15 of this Ordinance.

18. Documents in contravention of Ordinance not to be registered - The Registrar of Land shall not register any document in any case where he is of opinion that the approval of the Minister to a scheme plan is required under the foregoing provisions of this Ordinance unless the Registrar is satisfied that a scheme plan has been so approved and a plan of subdivision has been deposited.

PART III

GENERAL

19. Removal of buildings or hoardings erected contrary to conditions - (1) Where a building or hoarding has been erected contrary to any condition imposed by the Minister under this Ordinance, the Court may, on the application of the Minister, order the owner to take down, remove, or shift such building or hoarding at his own expense.

(2) If the owner fails to comply with the order, the Minister may take down, remove or shift the building or hoarding, and may recover from the owner in any Court of competent jurisdiction all costs and expenses in connection therewith.

20. Delegation of Minister's powers - (1) The Minister may from time to time, by writing under his hand, delegate to the Director any of the powers conferred on him under this Ordinance.

(2) Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister.

(3) Any delegation under this section may be made subject to such restrictions and conditions as the Minister thinks fit, and may be either general or in relation to any particular case.

(4) Unless and until any delegation under this section is revoked, it shall continue in force according to its tenor. In the event of the Minister by whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made by the person for the time being holding office as Minister, and in the event of the Director to whom any delegation has been made ceasing to hold office, it shall continue to have effect as if made to the person for the time being holding office as Director.

(5) The fact that the Director exercises any power conferred on the Minister under this Ordinance shall, in the absence of proof to the contrary, be sufficient evidence of his authority so to do.

21. Offences - (1) Every person commits an offence who acts in contravention of or fails to comply in any respect with the provisions of this Ordinance or with any condition or requirement imposed by the Minister acting under the authority of this Ordinance or with any order of the Court under section 19 of this Ordinance.

(2) Every person who commits an offence as aforesaid shall be liable on summary conviction to a fine of [$200] and, if the offence is a continuing one, to a further fine of [$10] for every day during which the offence continues.

(3) The continued existence of any building or any use of land which is contrary to any condition imposed by the Minister under this Ordinance shall be deemed to be a continuing offence within the meaning of this section.

(4) Any information in respect of any offence to which this section applies may be laid at any time within 3 years from the time when the matter of the information arose.

22. Regulations - (1) [The Head of State, acting on the advice of Cabinet,] may from time to time make such regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Ordinance and for the due administration thereof.

(2) Without limiting the general power conferred by subsection (1) of this section, it is hereby declared that regulations may be made for all or any of the following purposes:

(a) Prescribing qualifications for the licensing of surveyors under this Ordinance:

(b) Regulating the conduct of surveys, including provision for ensuring accuracy of plans and surveys, and providing for amendments and additions to plans in accordance with requisitions in that behalf made by the Director:

(c) Fixing fees and charges for any surveys, plans or other work of a like nature:

(d) Prescribing methods of making applications under this Ordinance, and forms and documents required under this Ordinance:

(e) Prescribing fees payable in respect of the examination of applications under this Ordinance, in respect of the preparation of copies of scheme plans and notices, and in respect of other matters arising under this Ordinance:

(f) Regulating areas and frontage of allotments shown on scheme plans:

(g) Regulating the widths of roads and making provision for the imposition of specified building-line restrictions in prescribed circumstances.

(3) It shall be the responsibility of the Minister to lay all regulations made under this Ordinance before the Legislative Assembly within 28 days after the making thereof if the Assembly is then in session, and if not to lay such regulations before the Assembly within 28 days after the commencement of the next ensuing session.

In subs. (1) the reference to the Head of State, acting on the advice of Cabinet, was substituted for a reference to the Council of State, acting by and with the advice and consent of the Executive Council, by s. 4(1) (c) of the Existing Law Adjustment Ordinance 1961.

23. Repeals and savings - (1) The Land Survey Ordinance 1937 is hereby repealed.

(2) Any scheme plan or plan of subdivision heretofore approved or deposited shall be deemed to have been approved or deposited under this Ordinance.

(3) Any building line imposed before the commencement of this Ordinance shall ensure for the purposes of this Ordinance as fully and effectually as if it had originated under this Ordinance, and accordingly shall, where necessary, be deemed to have so originated.

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The Survey Ordinance 1961 is administered in the Department of Lands and Survey.

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THE LAND SURVEY REGULATIONS 1939

As amended by -

Existing Law Adjustment Ordinance 1961, s. 4(2) (1961, No. 29, s. 4(2))
Survey Charges Regulations 1955, r. 12 (W.S.R. 1955/4/12)
Reprint of Statutes Act 1972, s. 3(d) and 3(f) (1972, No. 28, s. 3 (d) (f))

IN PURSUANCE of the power and authority vested in me by section 13 of the Land Survey Ordinance 1937 and of all other powers in me in that behalf enabling, I, ALFRED CLARKE TURNBULL, Acting Administrator of Western Samoa, do hereby make the following regulations.

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ANALYSIS

PART I

GENERAL REGULATIONS

1. Title
2. Interpretation
3. Knowledge of Acts, etc., necessary
4. Surveyor to comply with departmental rules
5. Information not to be withheld 
6. Penalty for unreliable surveys
7. Surveyors to obtain all information before effecting surveys
8. Surveyors exempt from payment of search fees
9. Surveyors to comply with requisition for amendment of survey

Field Notes of Survey

10. Size of field books
11. Field books issued by the Chief Surveyor belong to the Administration
12. Field books to be carefully kept
13. The first page
14. Certificate that tapes used have been compared with standard
15. Field notes to give full information
16. Measurements to be in metres
17. Method of entry in field book
18. Offsets to be taken
19. Names to be recorded
20. Field notes to be certified to
21. Field book shall accompany plan 
22. Field notes the primary record of survey

Field Work of Survey

23. Field measurements
24. Theodolite
25. Bearings referred to north point
26. Angles to be measured
27. Angular and linear measurements to be recorded in detail
28. Sets of readings
29. Limit of error
30. Initial bearing
31. New survey to be connected to standard traverse or to reliable old survey
32. Alignment of old survey to be verified
33. Datum of survey to be described
34. Limit of angular closure
35. Limiting error of linear closure
36. Topographical information to be obtained

Computations

37. Traverse to be co-ordinated on initial station
38. Connecting triangle
39. Repairs to trigonometrical stations
40. Measurements to be checked by closure
41. Computations to be forwarded
42. Areas by double longitudes
43. Limit of fractional quantities in areas
44. Planimeter areas accepted

Plans

45. Draughting
46. Scale of plans
47. Position of north point
48. Meridian and perpendicular lines
49. Diagrams
50. Title
51. Field book number to be noted on plan
52. Delineation of lines
53. Traverse lines
54. Traverse stations
55. Trigonometrical stations
56. Adopted prior survey data
57. Coasts and watercourses
58. Plans must show details
59. Locality and Samoan names
60. Plans must show widths of roads, etc.
61. Colouring
62. Alterations to be initialled
63. Inspection of original plans
64. Plans, etc, are administration property
65. Certificate by surveyor
66. Date of survey
67. Plans to be forwarded promptly
68. Plans to be rolled
69. Surveys to be made by registered surveyor

PART II

SETTLEMENT SURVEYS

70. Survey Districts and Flurs

Block and Parcel Surveys

71. Parcels to be adapted to nature of country
72. Numbering of parcels
73. The method and manner of marking boundaries
74. Definition of boundaries
75. Boundary lines in forest country
76. Marking at intersections
77. Line cutting
78. Traverse and trig. Connections
79. Magnetic bearings
80. Offsets
81. Astronomical check
82. Recording observations
83. Road traverse
84. Traverse of formed roads
85. River bed traverses
86. Hanging traverses
87. Closes on to former work
88. Adopted work
89. Elimination of error
90. Tabulation
91. Origin from prior surveys
92. Prior claims
93. Original points unchangeable
94. Signatures of owners and adjoining owners

Roads

95. Grades, curves
96. Widths
97. Widening at watercourses
98. Grading
99. Marking and width
100. Delineation
101. Reference tubes

Ground Marking

102. Staking

PART III

SURVEYS OF CUSTOMARY LANDS

103. Foregoing regulations apply
104. Surveys to be authorised
105. Notice to survey
106. Samoan customs
107. Protocol requirements
108. Surveys for Samoan Land and Titles Court

PART IV

SURVEYS OF ROADS UNDER THE TAKING OF LAND ACT 1964

109. Regulations to apply equally
110. Public Works requirements
111. Traverse connections
112. Length of sides
113. Names, numbers and markings
114. Requirements as to plan details
115. Schedule

PART V

SURVEYS OF LAND IN THE APIA TOWN DISTRICT AREA

116. Definition of the Apia Town District area
117. Regulations to apply equally
118. Subdivision to be approved
119. Widths of streets
120. Location of streets
121. Street corners to be cut off
122. Gradients of streets
123. Parcels to be rectangular
124. Size of parcels
125. Building alignment intersections
126. Surrounding rights
127. Owner to sign plan
128. Appendices (Forms to be used)

PART VI

SCALE OF CHARGES

129. Revoked

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REGULATIONS

PART I

GENERAL REGULATIONS

1. Title - These regulations may be cited as the Land Survey Regulations [1939].

The year "1939" has been added pursuant to s. 3 (f) of the Reprint of Statutes Act 1972.

2. Interpretation - In these regulations, unless inconsistent with the context, the words -

"Chief Surveyor",
"Registrar of Lands",
"Surveyor", and
"Instrument of title"

shall have the meaning given to the said words by section 2 of the Land Survey Ordinance 1937 and the words "Town Area of Apia" shall mean the area defined by the Building Alignment Ordinance 1932.

The corresponding enactment to the Land Survey Ordinance 1937 at the date of this reprint is the Survey Ordinance 1961. The definitions of "Chief Surveyor" and "instrument of title" do not appear in the latter Ordinance.

3. Knowledge of Acts, etc., necessary - A surveyor conducting surveys under these regulations shall make himself conversant with the provisions of [the Taking of Land Act 1964] and such other Acts, Regulations and Ordinances insofar as they apply to the survey of land in Western Samoa.

The Taking of Land Act 1964, being the corresponding enactment in force at the date of this reprint, has been substituted for the Samoa Act 1921 (N.Z.).

4. Surveyor to comply with departmental rules - A surveyor effecting any survey under this regulations shall comply with all departmental rules and directions supplementary to these regulations and not contrary thereto. 

5. Information not to be withheld - It shall be the duty of every surveyor making surveys under these regulations to study the interests of [Western Samoa], to disclose all doubts, discrepancies and difficulties; and to afford all such other information obtainable by him relating to the survey as will aid in securing accuracy and completeness in the title of the land.

The reference to Western Samoa has been substituted for a reference to the Territory pursuant to Article 122 of the Constitution, and s. 3 (f) of the Reprint of Statutes Act 1972.

6. Penalty for unreliable surveys - If the work of a surveyor shows that he has neglected to comply with these regulations or is found to be inaccurate or defective, he shall when called on by the Chief Surveyor rectify such default or error at his own cost.

7. Surveyors to obtain all information before effecting surveys - Before making the survey the surveyor shall obtain all information respecting the subject land and adjacent lands in the offices of the [Registrar of Land] and the Chief Surveyor.

The reference to the Registrar of Land has been substituted for a reference to the Lands Registrar pursuant to s. 3 (d) of the Reprint of Statutes Act 1972.

8. Surveyors exempt from payment of search fees - Surveyors desiring to consult working plans, records or other survey maps, are not to be charged fees for inspection or for taking tracings therefrom when required to enable them to carry out surveys.

9. Surveyors to comply with requisition for amendment of survey - Upon receipt of a requisition from the Chief Surveyor to amend a survey or to supply more information concerning it than is contained in the field notes or shown on the plan, the surveyor concerned shall promptly comply with the requisition.

Field Notes of Survey

10. Size of field books - All field notes shall be recorded in a book of a size approved by the Chief Surveyor suitable to the extent of the survey of which it is a record.

11. Field books issued by the Chief Surveyor belong to the Administration - Field books will be issued by request to the surveyor by the Chief Surveyor, who shall give a number to each field book issued, and enter it in his register of field books. Such field books shall remain the property of the Administration.

12. Field books to be carefully kept - Field books shall be so clearly kept as to enable a qualified draughtsman, without other information than they afford, to draw a true plan of the survey.

13. The first page - The first page of each survey in every field book shall contain the title of the survey, with particulars of the block, district, etc., in which it is situated; the date of the commencement of the survey and the signature of the surveyor.

14. Certificate that tapes used have been compared with standard - Field books shall contain a statement by the surveyor that the tapes used on the survey have been compared with one of the authorised standard bands and that they are correct under a (specified) tension and temperature.

15. Field notes to give full information - The field notes shall show everything that the surveyor does in the field and what he finds to exist on the ground, such as bearings, distances, "oldmarks" tied onto or replaced, offsets, position of fences, buildings, walls, roads, rights of way, or subdivisions, etc.

16. Measurements to be in metres - Lengths shall be entered as read in metres and decimal parts of a metre. Corrections for hypothenusal measurements, sag, and temperature shall be noted and the lengths deduced therefrom clearly shown.

17. Method of entry in field book - The notes shall be recorded in the field book with a sufficiently hard black lead pencil. In no case shall the original pencil notes be obliterated or erasures be allowed. Every alteration made by the Surveyor must be clearly shown; erroneous entries should be crossed out.

18. Offsets to be taken - Offsets should be taken to natural or other features. The geological features of the land, the nature of the water supply, soil, and timber along and adjacent to the lines of survey shall be recorded.

19. Names to be recorded - All names of rivers, creeks, hills, lakes, and other natural features shall be carefully recorded.

20. Field notes to be certified to - Each page of the field book, where notes appear, shall be initialled by the surveyor and shall bear the date on which the same were made.

21. Field book shall accompany plan - In respect of all surveys of which plans are to be deposited with the Chief Surveyor, the field books shall in all cases accompany the plan of survey.

22. Field notes the primary record of survey - As the field notes are the primary records of survey and accepted as evidence in a court of law and are for departmental reference, it is of importance that they should be precise and complete, neatly indexed for purposes of ready reference and kept in a tidy and systematic manner.

Field Work of Survey

23. Field measurements - Field measurements shall be made with a steel or invar band or tape tested at frequent intervals with the Department's standard band. Tension shall be applied by means of a spring balance carefully tested for index error with the measurements corrected for the differences of temperature above or below the temperature at which the band is standard length.

24. Theodolite - A transit theodolite of a diameter of not less than 4½ inches, in accurate adjustment, shall be used on all surveys under these regulations. The use of a theodolite of a different pattern or of a smaller diameter will not be permitted except with the consent in writing of the Chief Surveyor.

25. Bearings referred to north point - Bearings shall in every case be measured in degrees, minutes and seconds of arc from the north point of the true meridian of the initial station as zero, in a clockwise direction, from 0 degrees to 360 degrees.

26. Angles to be measured - Angles shall in every case be measured and repeated with instrument "face left" and "face right" and the first and final readings to be recorded in the field book as well as the adopted mean value of the angle.

27. Angular and linear measurements to be recorded in detail - Instrumental observations to determine the bearings of lines, the actual measurements of lengths, and the angles of elevation and depression shall be clearly recorded in detail in the field book.

28. Sets of readings - At each station of a connecting triangle a complete set of readings shall be taken as follows:

(a) Face direct: Vernier "A" set approximately to back bearing of the station of origin - all other stations being observed in consecutive order from left to right, the return reading of origin being also booked. Care being taken not to overshoot any station:

(b) Vernier "A" being moved on 90 degrees a second round is taken in the same manner:

(c) Face reversed: Vernier "A" is set forward 45 degrees and a third round taken as before:

(d) Vernier "A" is moved forward 90 degrees and a fourth round is taken which completes the set.

The method of entering the readings is shown in the specimen page of the field book.

29. Limit of error - The limit of error in the summation of the angles of a triangle must not exceed 20 seconds.

30. Initial bearing - The bearing adopted as origin shall be clearly shown on the plan and the closing and check bearings shall also be shown in the field book.

31. New survey to be connected to standard traverse or to reliable old survey - Where a standard survey is in existence all surveys shall be connected to it by well-conditioned triangles or by direct traverse except in such cases where the survey is adjacent to prior surveys which have been sufficiently connected to the standard traverse and in which the survey marks have not been disturbed. The Chief Surveyor may allow isolated surveys to be made without a traverse or triangulation connection, as above, if a reliable stellar or solar observation is obtained.

32. Alignment of old survey to be verified - In every case where a new survey is connected with an old one the surveyor shall range sufficient of the old boundary to verify the alignment thereof.

33. Datum of survey to be described - The datum upon which a survey is based shall be shown on the plan. If obtained by the adoption of an original boundary, the original marks found on it and the data by which they were identified shall be described in the field book.

34. Limit of angular closure - The angular closure of the points of intersection of all surveyed lines shall be shown. Should the error in closing exceed the undermentioned limits, the work must be revised.

Rural Surveys: 2 minutes of arc in open, level or undulating country and 3 minutes of arc in bush or rough country.

Town Surveys: 20 seconds of arc in lines over 200 metres in length - 90 seconds of arc in short lines.

35. Limiting error of linear closure - Rural Surveys: 40 centimetres per 1,500 metres in level and undulating country and 60 centimetres per 1,500 metres in rough and hilly country, provided that an extra 20 centimetres of error per 1,500 metres shall be allowed on adopted work.

Town Surveys: 20 centimetres per 1,500 metres in level and undulating country and 40 centimetres per 1,500 metres in rough and hilly country.

Should the work of a surveyor exceed the above mentioned limits such surveys must be revised. As accurate surveys and a high standard of work should be the first object of surveyors, they will be expected to obtain as nearly as possible a true closure and the accumulated error shall not exceed 2 metres.

36. Topographical information to be obtained - In every survey the position of all buildings, fales, improvements, tracks, watercourses, graves, and other features on or near the line of survey shall be noted and shown on the plan.

Computations

37. Traverse to be co-ordinated on initial station - All traverses executed by the surveyor are to be computed and co-ordinated in terms of the meridian and perpendicular of the initial station.

38. Connecting triangle - The calculations of a connecting triangle must be carefully computed and the co-ordinates of all stations are to be reduced to the meridian and perpendicular of the initial station.

39. Repairs to trigonometrical stations - Surveyors shall report to the Chief Surveyor all trigonometrical stations that are seen to be dilapidated and surveyors engaged on Administration work shall renew all stations that are out of repair, or report their inability so to do.

40. Measurements to be checked by closure - The measurements made on each survey shall be checked by the calculation of the different of latitude and departure of each line computed to centimetres for rural and to millimetres for town surveys. These computations must be kept up to date so that measurements do not get in advance of this mode of check.

41. Computations to be forwarded - Calculations of closure on the authorised forms shall be dated and signed by the surveyor and forwarded with the field book and plans to which they refer. The number of the field book and of the respective pages shall be shown in the proper column of the printed form.

42. Areas by double longitudes - Areas of portions or of subdivisions shall be accurately computed.

43. Limit of fractional quantities in areas - After computing the exact areas of portions modifications may be made to avoid fractional quantities in areas of rural land, such modifications not to exceed one-sixteenth percent less than the exact computed area, i.e., one-tenth of a perch to an acre.

44. Planimeter areas accepted - The areas of figures bounded by water-courses or irregular curved lines fixed by offset from the traverse lines should be obtained by computing the portion of the area within the closed traverse lines by double longitudes and using it planimeter to determine the portion of the area between the traverse lines and the boundary, and in rural surveys where the boundary lines exceed 20 in number the use of the planimeter will be permitted to determine it portion of the area of which the greater portion is computed mathematically.

Plans

45. Draughting - All plans shall be drawn by the surveyor or under his supervision on official printed fortes obtainable from the Chief Surveyor.

46. Scale of plans - The dimensions of plans and the scales to be used in connection with surveys should in all cases minimise diagrams. In cases where details are numerous, plans shall be enlarged to a scale suitable for showing such details clearly.

47. Position of north point - Plans shall be accurately plotted and shall read with the north point upwards unless there is sufficient reason to do otherwise as in the case of the standard coastal plans.

48. Meridian and perpendicular lines - Meridian and perpendicular lines shall be drawn in blue colour at exact distances of 15 cm apart and in their true relative positions to the circuit initial station. From these lines the boundaries and traverses are to beset off from the computed co-ordinated distances in the traverse tables. An ordinance protractor may be used in filling in the topographical detail.

49. Diagrams - Diagrams on enlarged scales may be drawn on plans to show clearly the details of measurements or of improvements.

50. Title - The title of the plan shall be printed on the plan form in bold upright letters in the space provided for it and shall show the numbers of the parcels or portions measured, flurs and Court grants and other references, the name of the district or sub-district, town, village or other particular locality in which the survey is situated and the scale of the plan, surveyor and the date of survey.

51. Field book number to be noted on plan - The number and the pages of the field book containing the field notes of the survey shall be written on the plan.

52. Delineation of lines - All boundaries shall be ruled in firm lines. Measured lines shall be drawn in red, calculated lines in black with figure in red and black respectively. Bush lines cut but not chained shall be drawn in blue, measurements in black.

53. Traverse lines - Traverses shall be ruled in firm red lines. The reduced measurements made and the bearings observed in the field shall be written along the lines in red and blue figures respectively. In special cases these particulars may be written in a tablet on the plan form.

54. Traverse stations - Traverse stations shall be numbered and shown as follows:

(a) New stones shall be shown by small red squares:

(b) Old stones adopted but not found, by small black hollow squares:

(c) Old stones found, by small black squares filled in:

(d) Old stones renewed, by a red circle, enclosing a small black square, filled in:

(e) New iron tube or pipe, by 2 small concentric blue circles:

(f) Old iron tubes adopted but not found, by 2 small concentric black circles:

(g) Old iron tube found, by a small blue circle enclosed by a black circle:

(h) Old iron tube renewed, a small blue circle enclosed by a red circle:

(i) New iron spike, by a small blue circle:

(j) Old iron spike adopted but not found, by a black circle:

(k) Old iron spike found, by a blue circle filled in:

(l) Old iron spike renewed, by a small blue circle filled in, and enclosed by a red circle:

(m) Wooden stakes or pegs, when used, always by a small red circle:

(n) Old stakes or pegs found and adopted, by a red circle filled in.

NOTE: (m) and (n) may only be used for levelling and grade points and for ordinary L.C. surveys.

When it is impossible to insert a stone, tube or spike on account of some obstruction of a permanent nature, the station shall be shown by a small red cross with particulars of the ground marking.

When earthenware pipes are used, adopted, found, or renewed, the same symbols are to be used as in the case of iron pipes or tubes, with the letters "E.P." printed after the symbols.

55. Trigonometrical stations - Trigonometrical stations shall be shown when they are upon or adjacent to portions of the survey represented on a plan as follows:

(a) Connecting triangle or minor trigonometrical station, by 2 concentric red circles:

(b) Major triangulation station, by 3 concentric red circles:

(c) A station on which a permanent iron or wooden signal is erected shall have a red cross drawn as diameters to the circles denoting the station.

In every case the letter or number designating the station shall be printed beside the symbol.

56. Adopted prior survey data - Adopted prior survey data shall be shown in black and noted as such with the official number of the original plan.

57. Coasts and watercourses - Lines of coasts, banks of rivers, streams, etc., where surveyed, shall be shown by firm blue lines and where unsurveyed, by broken blue lines. Opposite banks of watercourses and an arrow pointing down-stream shall be sketched on plans.

58. Plans must show details - Every plan must show with their respective names all roads, streets, passages, thoroughfares, rights of way, easements, or reserves set apart for public use, and all the subdivisions into which the land has been divided (marked with distinct numbers) and also the areas of the said subdivisions.

59. Locality and Samoan names - The locality name or [Samoan] names of all natural features shall be given when they can be ascertained. Where possible the meaning or origin of the name should be given in the forwarding letter.

The word "Samoan" has been substituted for the word "native" pursuant to s. 3 (d) of the Reprint of Statutes Act

60. Plans must show widths of roads, etc. - The widths of all roads, streets, lanes, or rights of way adjoining the land under survey shall be chained and recorded in the field notes and be shown on the plan.

61. Colouring - Roads, streets, and public rights of way shall be coloured with burnt sienna. Alienated lands, original Court grant boundaries edged yellow, new boundaries edged red, [customary land] edged green. Water-courses, lakes, and seas and other waters, with Prussian blue. Forests, bush and scrub with green, hills shall be shaded with Indian ink or neutral tint.

As to the term "customary land", see s. 5 of the Survey Ordinance 1961, reprinted in this title.

62. Alterations to be initialled - After the approval of the plan, additions shall be made only by the surveyor who signed it and with the approval of the Chief Surveyor, provided always that in the correction of any such error the original words or figures shall not be erased or rendered illegible. The date of alteration shall be affixed and initialled.

63. Inspection of original plans - Original plans, block sheets, compiled maps, etc., and record maps are open to surveyors under the supervision of the officer having charge of the plans - when not in use by the Department. Other compiled plans are open to the public.

64. Plans, etc., are Administration property - All plans and field books deposited with the Chief Surveyor or the examining officer for inspection become the property of the Administration and their return for alteration, correction, or addition does not give to the person to whom they are returned any right or claim to their retention. All plans, field books, and tabulations or other documents returned to surveyors for correction are to be sent back to the Chief Surveyor with all reasonable dispatch for final deposit.

65. Certificate by surveyor - A certificate specifying date, personal survey, and compliance with the regulations shall be written upon the plan and signed by the surveyor.

66. Date of survey - The date of survey in the certificate on plan should be the date on which measurements were completed on the ground.

67. Plans to be forwarded promptly - As surveys are completed the plans thereof and all other documents relative thereto (if for deposit with the Chief Surveyor) are to be forwarded promptly. The forwarding letter should be sent under separate covers so that inquiry may be made for mislaid or delayed plan packets.

68. Plans to be rolled - Plans must not be folded. They should be transmitted to the place of lodgement on stout wooden rollers, or within plan-cases, securely fastened and legibly addressed.

69. Surveys to be made by registered surveyor - Surveys pertaining to title shall be executed by a surveyor; all diagrams, tracings, and sketches for purposes of leases and conveyances and other instruments of title, shall be prepared from plans deposited in the Lands and Surveys Department, showing defined boundaries. 

PART II

SETTLEMENT SURVEYS

70. Survey District and Flurs - The Survey Districts of Western Samoa are as follows:

In Upolu - "Tuamasaga", "A'ana", and "Atua".

In Savai'i - "Savai'i North", "Savai'i South", and "Fa'asaleleaga". These Survey Districts are subdivided into Blocks or Flur, as follows:

In Upolu
Flur Nos.

Tuamasaga…………………………………………………………………………..1 to 14
A'ana……………………………………………………………………………….15 to 16
Atua……………………………………………………………………………..…17 to 21

In Savai'i

Flur Nos.

Savai'i North……………………………………………………………...3, 5, 7, 9, and 11
Savai'i South……………………………………………………………...2, 4, 6, 8, and 10
Fa'asaleleaga………………………………………………………………………………1

NOTE - The Isles of Apolima and Manono are included in Flur xvi of Upolu, in the A'ana District; whilst Fanuatapu, Namua, Nu'utele, and Nu'ulua are included in Flur xxi of Upolu, in the District of Atua.

Block and Parcel Surveys

71. Parcels to be adapted to nature of country - Flat or easy undulating country shall be laid off in rectangular parcels but in rugged or hilly country their form must be modified to suit the ridges and valleys and in the case of plantation land care must also be taken to arrange the boundaries favourably to requirements.

When road lines sever parcels the areas of the severed portions and also the total net areas of the parcels are to be shown on the plan.

72. Numbering of parcels - On no account are numbers of parcels to be altered without the knowledge of the Registrar of Land.

Parcel numbers for new parcels will be allocated by the Chief Surveyor whose duty it shall be to keep the "Parcel Index" volume up to date and correctly recorded. Every additional division of a numbered parcel is to be renumbered consecutively to the last registered parcel number of that Flur and is to be shown on the plan as a fraction, with the old original number as the denominator (in black) and the new number as the numerator (in red).

With [customary land] where a parcel number has not been previously allocated, the new number only will be shown (in red).

The reference to customary land has been substituted for a reference to Samoan land pursuant to Article 123 (2) of the Constitution, and s.3 (f) of the Reprint of Statutes Act 1972.

73. The method and manner of marking boundaries - All boundaries of blocks and parcels shall be stoned at every angle. In open country straight boundary lines under a mile in length must be cleared where necessary and distinctly marked by stones at intervals not exceeding 500 metres which, however, at the discretion of the Chief Surveyor, may be varied to suit the conformation of the country. Advantage should be taken of the most prominent and favourable positions on the line for the marking so that the direction may be seen from stone to stone.

74. Definition of boundaries - The position of all fences, walls, buildings, elves, ditches, hedges, streams, graves, fales, or other features on or near the boundary must be clearly shown relatively to the actual boundary lines. Where a wall is claimed as a party wall it must be noted as “claimed as a party wall”. Swamps, terraces, or irregular fences are inadmissible its boundaries except if so made by the Court Grant, in which case the consent in writing of the adjoining owners should be asked, and these boundaries, with such consent be reduced to right lines with defined bearings and distances, and the adjoining owners should sign the plan. Any consent in writing so given shall be lodged with relative survey documents as provided in regulation 66. Where the reduction to right lines deviates from the title boundary, the [Registrar of Land] should be consulted as to whether he will accept these lines as the original boundary, or will require the alteration to be given effect to by the registration of cross transfers.

The reference to the Registrar of Land has been substituted for it reference to the Lands Registrar pursuant to s. 3 (d) of the Reprint of Statutes Act 1972.

75. Boundary lines in forest country - In forest country the boundary lines shall be cut and stoned in the same manner and at similar intervals, advantage being taken in rough country of ridge crossings for the stoning in which case, where measurements are not required, subject to the approval of the Chief Surveyor, only such cutting of the line will be required as will ensure adjacent stones being visible from each other, but it must be sufficient to enable the distances of such stones along the lines to be arrived at approximately for showing on the plan. Under any circumstances the lines must be cut from the frontage from 60 to 100 metres, but should the stone come in an impracticable or unsuitable position for extending the line, then the cutting must be continued until the stone can be placed in a position that will enable this to be done - in either case its distance from the front stone must be noted on field book and plans.

76. Marking at intersections - Stones or other permanent markings shall be placed whenever necessary on all parcel lines at the point of intersection with road, stream, or watercourse traverses or as close as possible thereto. In the case of any such stones placed not actually at the point of intersection, such stones shall be properly connected to adjacent traverse points. In the case of parcel lines intersecting a road, the measured or calculated distance to the adjacent angle stones on the same side shall be given and the boundary of a parcel intersecting a road shall in all cases be marked on the traverse line as well as on both sides of the road.

77. Line cutting - Lines in bush shall be cut and cleared 4 feet wide the scrub cut close to the ground and overhead 10 feet from the ground. All trees 2 feet through and under to be cut down and the height of the stump should not exceed its diameter. In open country with scrub the lines shall be cut and cleared at least 4 feet wide. In cutting boundary or traverse lines through plantations or cultivations care must be taken not to unnecessarily damage same.

78. Traverse and trig connections - In traversing, the surveyor is to proceed to the nearest standard traverse and base his work on that meridian, clearly denoting on the plan the line and the bearing used as origin, and co-ordinate values in terms of the initial of such circuit. The surveyor shall in all cases start his work from one standard mark, continue to a second and also check on the third.

In districts where there is no standard traverse, the surveyor shall take solar or stellar observations for meridian and shall provide at least 2 permanent marks which are to be connected with the work in hand and some permanent monument in the vicinity, such as a church or any other permanent feature.

All traverse stations should be marked before being measured or observed and the surveyor, when at a trig station, should take readings to traverse or subsidiary stations in view. All check bearings should be repeated and thrown forward so as to limit the accumulation of instrumental errors and the checks and closures must be noted in the field book.

Vertical angles required to reduce all inclined measurements to their horizontal values are to be observed by theodolite.

79. Magnetic bearings - Magnetic bearings are not admissible except for filling in topographical detail work - and that very sparingly and only with the permission of the Chief Surveyor.

80. Offsets - Offsets to irregular boundaries such as rivers, streams, coast-lines, and lakes must not exceed 10 metres in length, and must be taken at intervals in the traverse not greater than 15 metres, but at shorter distances when necessary to correctly define the irregularities of such boundaries. If intricate, these may be shown in tabular form. When the line of mean high-water mark is shown as the boundary of a parcel, a report is required showing how the high-water mark line was defined.

81. Astronomical check - In case of long traverses in the bush where check bearings cannot be obtained, recourse should be had to stellar or solar observations for check bearings - such observations being duly noted in the field book and referred to on plan.

82. Recording observations - The trigonometrical observations and connections shall be given in detail on the proper forms. The astronomical observations and the results derived therefrom shall also be entered on the forms and forwarded with the plan.

83. Road traverse - After being graded and located in the manner provided by regulation 97, the road lines shall be traversed along the centre, or within the road width but parallel to the sides, the traverse stations being selected on the line of the grade as nearly as may be, or one of the sides may be traversed, care being taken that the graded line is near the centre of the road reverse.

84. Traverse of formed roads - Formed roads of regular widths that are fenced or bounded by hedges shall be traversed on an offset line parallel to and included within the sides where practicable. The stations of the traverse are to be marked by iron tubes, in some cases set in concrete. If directed by the Chief Surveyor.

85. River bed traverses - In cases where traverses are carried along or through an open river bed and the stations are not on safe ground, it will be necessary at intervals of not more than 600 metres to place reference stones or iron tubes properly connected with the traverse in secure positions on the banks, and record their positions in field books and on plans.

86. Hanging traverses - Hanging traverse lines will not be accepted except in cases where it is not feasible to obtain a closed circuit, and in such cases all hanging lines shall be measured and observed twice and a certified note recorded on the plan and in the field book.

87. Closes on to former work - The connection and close with former surveys must be clearly shown. Should "adopted" work fail to close with the new work within the limit of error prescribed by these regulations, a resurvey of the old work must then be made to close the survey.

88. Adopted work - The Chief Surveyor, before permitting old work to be "adopted" may, in his discretion, require it to be verified or resurveyed.

89. Elimination of error - Errors in bearing not exceeding the limits prescribed in regulation 34 shall be distributed the distribution being shown in the field book, and the amended bearings entered on plan and traverse reduction sheets. The error of close in latitude and departure shown on these sheets - if within the prescribed limits, shall be distributed thereon by the following rule: "As the total length of the traverse is to the length of each line, so is the whole error in latitude or departure to the correction of the corresponding latitude or departure, each correction being so applied as to diminish the whole error in latitude and departure."

90. Tabulation - The positions of the terminals of all chained lines (excepting range stones), all corners of parcels or isolated parcels, whether chained to or not, and all intersections of parcel boundaries with traverse lines, shall be calculated and tabulated.

91. Origin from prior surveys - When initial values are adopted from former surveys, the references to volume and folio of the tabulations from which such values have been adopted shall be given on the new traverse sheets.

92. Prior claims - All adjacent or included prior claims and surveys and their boundaries shall be investigated and, if necessary, redefined in accordance with the titles and original plans. These claims shall be surveyed as held by established or indicated marks on the ground, and shall be shown on the plan by black lines if the boundaries disagree with recorded measurements based on original plans and descriptions. If owners of prior claims cannot be found and the marks of their claims are obliterated, then it will be competent for the surveyor to re-establish the boundaries by actual survey. A general rule is not to interfere with the original boundaries; the surveyor being in doubt matters must then be referred to the Chief Surveyor for decision.

93. Original points unchangeable - The actual measurements made in the field to original marks must be given notwithstanding that they may not agree with the Court Grant, Public Map, or Deposited Plan. Should the differences be material, the measured distance and bearing to the next adjoining or other Court Grant or title boundary, as the case may require, shall be furnished, in order to determine whether there is any real encroachment, or whether the differences arise from former defective surveys. In dealing with this subject the surveyor must adhere to the principle of the unchangeableness of original lines and corners. In other words, where the lines and corners were originally established by a proper officer pursuant to the survey system ordered by the law of the time, they must be regarded as the true lines and corners which they represent, even if subsequent surveys indicate that the posts or marks are out of line. Surveys should also bear in mind that possession may be prima facie though not conclusive proof of title.

94. Signatures of owners and adjoining owners - The approval of owners and adjoining owners to all surveys is to be obtained in writing on the protocol as to the correctness of boundaries on completion of ground marking. Where Samoan owners are concerned as adjoining owners to [freehold land], it is the duty of the surveyor carrying out such survey to forward a notification setting out the object of the survey in sufficient time to allow the proper Samoan owners or representatives to be present and sign the protocol. Necessary forms for signature may be obtained on application to the department, and in the case of European and Samoan owners, separate forms in English and Samoan language must be signed.

The reference to freehold land has been substituted for a reference to European land pursuant to Article 123(2) of the Constitution, and s.3 (f) of the Reprint of Statutes Act 1972.

Roads

95. Grades, curves - Main roads, where practicable, should not have a steeper grade than 1 in 20, or a sharper curve than 20 metres radius when formed. Rural roads should be laid off with grades not exceeding 1 in 15 and having no curve less than 10 metres when formed. The grades in crossroads should not exceed 1 in 12. Under certain conditions steeper grades may be permitted with the consent of the Chief Surveyor.

96. Widths - All roads, as far as practicable, must be on the sunny side of hills and spurs, graded on the best lines obtainable and be reserved to a width of not less than 10 metres. In broken country and where heavy cuttings and banks occur, the width of a road must be increased where necessary.

97. Widening at watercourses - At crossings of watercourses where it may be desirable to increase the width of a road it is better to make the road boundaries approaching the crossing diverge to attain the required width than to mark rectangular reserves on the banks of the watercourse.

98. Grading - In grading roads along sidling ground, where the difference in level between the terminal points will permit, it is advisable while running around sharp curves and gullies, either to keep the lines level, or to ease the grade where required, to allow for through cutting and banks being made at some future time to straighten and shorten the road without unduly increasing the grade, and sufficient land should be reserved to allow of this being done. In fact, wherever practicable, the grade on the finished road should be eased at sharp turns. In certain cases longitudinal and cross sections will be necessary, for which special instructions will be given. All grades steeper than 1 in 20 should be written on plan, with arrows indicating the direction of fall, grade-lines should be marked with stakes not less than 2 inches in diameter at intervals of 20 metres, more or less, according to ground.

99. Marking and width - In level or undulating country the opposite road sides shall all be marked; but in rough hilly country, where it is of little value and the traverse short and intricate, the outside stones at each angle may be dispensed with, and the road shown by straight lines, the ends of which shall be stoned and connected with conveniently situated traverse points. The lines bounding the road in such cases need not be parallel but must not approach nearer than 10 metres nor be distant from each other more than 30 metres without permission of the Chief Surveyor.

100. Delineation - In whatever manner the sidelines of the roads are laid off, the bearings and lengths thereof must be computed and shown on the plan, and also their positions in relation to the traverse stations, especially as regards corner sections.

101. Reference tubes - At distances of about a mile apart a group of 3 iron reference tubes of standard pattern are to be inserted in positions not likely to be disturbed and be visible from each other and, where possible, from a trig. station or any points on the standard traverse.

Ground Marking

102. Staking - Stones will be of reinforced concrete 4 inches square and 2 feet long, marked at one end by a cross at the intersection of which shall protrude an iron rod of 1/4 inch diameter which is set in the stone and likewise protruding at the other end without a cross marking. The end of the stone having no cross shall be shown when traverse points are meant whilst the other end marked by a cross shall be exhibited to indicate boundary stone in all cases. This type of stone, owing to its weight and by reason of better packing qualities for overland transport will no doubt be preferred by the surveyor for country surveys but the larger or tapering type, 4 inches square on top, 2 feet long, tapering to 6 inches square at the bottom end and marked on top by it cross as in the case of the lighter type, should always be used for marking boundaries when convenient. On no account are stones other than those supplied by the department to be used. All stones must be sunk in the ground from 20 to 22 inches, and the earth thoroughly rammed round each stone.

Hardwood pegs of approved quality and size may be used under certain conditions, but only with the written consent of the Chief Surveyor. Steel spikes or galvanised pipes of not less than 3/4 of an inch in diameter and 18 inches in length are to be used for traverse marks and must be driven flush with the surface of the ground. On no account are official survey marks to be used without submitting a plan showing their position to the Chief Surveyor, before any action or dealings are entered upon, based on such survey markings.

All ground marking must be done at time of survey.

PART III

SURVEYS OF CUSTOMARY LAND

103. Foregoing regulations apply - Regulations 1 to 102 shall equally apply to surveys and plans of [customary land] wherever they are not inconsistent with the following regulations.

The reference to customary land has been substituted for a reference to Samoan land pursuant to Article 123(2) of the Constitution, and s. 3 (f) of the Reprint of Statutes Act 1972.

104. Surveys to be authorised - All surveys undertaken for the purpose of the Samoan Land and Titles Court or for lands dealt with under any Act or Ordinance affecting [customary lands], when not done by the official staff, may be made by registered surveyors especially authorised by the Chief Surveyor, who shall issue a specific authority in writing in each case.

The reference to customary lands has been substituted for a reference to Samoan lands pursuant to Article 123(2) of the Constitution, and s. 3 (f) of the Reprint of Statutes Act 1972.

105. Notice to survey - Before proceeding with the survey of [customary lands], notice in writing must be given to all parties by the surveyor, through the [Lands and Survey Department], at least one week before the commencement of the field work. The objects of the survey must be stated in the notice.

The reference to customary lands has been substituted for a reference to Samoan lands pursuant to Article 123(2) of the Constitution, and s. 3 (f) of the Reprint of Statutes Act 1972.
The reference to the Lands and Survey Department has been substituted for a reference for a reference to the Native Department, pursuant to s. 3 (f) of the Reprint of Statutes Act 1972.

106. Samoan customs - The surveyor must be prepared to meet the Chiefs and Orators of a Village or District when necessary and state the objects of the survey and invite all Samoans concerned to be present so that no excuse may be given for the Samoans to offer any obstruction to the work. Samoan ceremonial custom should be complied with to a reasonable extent. The Surveyor will find that in the end such compliance and deference to Samoan custom will expedite the work. In [customary land] surveys the field work should not be proceeded with unless all the interested parties are present, excepting in very special circumstances.

As to the term "customary land", see reg. 105 of these regulations.

107. Protocol requirements - See regulation 94. (In case of Land and Titles surveys protocol procedure not required.)

108. Surveys for Samoan Lands and Titles Court - Ordinary surveys for the purposes of investigating titles to [customary lands] by [the Samoan Land and Titles Court] may be made with the prismatic compass and chain but care must be taken to leave permanent marks at prominent positions so that after investigation the boundaries as accepted or modified may be readily defined. In these surveys it is necessary for the contesting parties or claimants to be summoned to attend the survey, and the boundaries are to be measured and defined as pointed out and claimed by each party. Care is to be taken that all fences, stone walls, houses, details of cultivations, natural features, [Samoan] names, springs, wells, and graves, etc. or other information likely to assist the investigation by the Court, is recorded. These surveys wherever possible, should be connected by magnetic traverse to permanent monuments such as churches, etc. Special surveys for the purposes of [the Samoan Land and Titles Court] investigations of villages, districts, or Samoan political boundaries, etc., shall be done partly or wholly with a theodolite, as the Chief Surveyor may direct, with official survey marks in lieu of the pickets or stakes permitted in the ordinary surveys for [the Samoan Land and Titles Court].

The reference to customary lands has been substituted for a reference to Samoan Lands pursuant to Article 123(2) of the Constitution, and s. 3 (f) of the Reprint of Statutes Act 1972.
The references to the Samoan Land and Titles Court have been substituted for references to the Land and Titles Court pursuant to s. 3 (d) of the reprint of Statutes Act 1972.
The word "Samoan", where it appears in square brackets, has been substituted for the word "native" pursuant to s. 3 (d) of the Reprint of Statutes Act 1976.

PART IV

SURVEYS OF ROADS UNDER [THE TAKING OF LAND ACT 1964]

The Taking of Land Act 1964, being the corresponding enactment in force at the date of this reprint, has been substituted for the Samoa Act 1921 (N.Z.)

109. Regulations to apply equally - Regulations 1 to 102 shall equally apply to surveys and plans of land taken for roads, wherever they are not inconsistent with the following regulations.

110. Public Works requirements - In order that the requirements of the [Director of Works] may be complied with, field work is not to be proceeded with without the approval of proposals of the survey by the [Director].

The reference to the Director of Works has been substituted for a reference to the Engineer in charge of Public Works pursuant to s. 3 (d) of the Reprint of Statutes Act 1972.

111. Traverse connections - The traverse of the survey shall be connected to the corners of the sections of properties through which the road passes and to the nearest points of the standard traverse at intervals of 2,000 metres along the traverse. The regulations for ordinary road surveys, already prescribed, will equally apply in these cases.

112. Length of sides - The lengths of the boundary lines of the area proposed to be taken shall be given for each separate title as well as its true position in the property.

113. Names, numbers and markings - The names of the present owners of properties, wherever they can be ascertained, and the numbers of the parcels, blocks, etc., shall be written on the plan. The area of land taken from each property or separate holding shall also be shown. The ground marking shall be done generally as directed in other parts of these regulations.

114. Requirements as to plan details - Plans shall be drawn to the sizes and in the colours prescribed in the appendices referring thereto. Lands to be taken are to be coloured in different colours for each adjoining property. Roads to be coloured green when they are to be closed. The plan is to be certified as correct by the surveyor who made the survey and also "Approved" by the Chief Surveyor, and the title shall state the Act, regulation, or Ordinance and the section thereof, under which the land is to be taken.

115. Schedule - An accurate schedule of the land proposed to be taken from each property shall be furnished with the plan in the form shown in the appendix. In the case of a road deviation, a schedule of the road to be closed shall also be furnished.

PART V

SURVEYS OF LAND IN THE APIA TOWN DISTRICT AREA

116. Definition of the Apia Town District area - "Apia Town District" means the area defined by section 2 of the Building Alignment Ordinance 1932.

117. Regulations to apply equally - Regulations 1 to 115 shall apply equally to surveys and plans of lands taken for roads, wherever they are not inconsistent with the following regulations.

118. Subdivision to be approved - In every case where parcels of land are to be subdivided into allotments for sale or disposed otherwise, a plan of such proposed subdivision shall first be submitted to the Chief Surveyor and by him recommended if satisfied to [the Head of State] for approval. The plan, accompanied by a detailed report, must show the proposed arrangements or new parcels and new streets and also the dimensions of the parcels.

The references to the Head of State were substituted for references to the High Commissioner by s. 4(2) of the Existing Law Adjustment Ordinance 1961.

119. Widths of streets - The minimum widths of new streets shall be 10 metres, except under special circumstances to be approved by [the Head of State]. Streets less than 10 metres wide may be permitted only with the consent of the [Head of State].

The references to the Head of State were substituted for references to the High Commissioner by s. 4 (2) of the Existing Law Adjustment Ordinance 1961.

120. Location of streets - Streets, where practicable, shall be located on the lower levels, on lands that are fairly level and follow the contour of the surface on the uneven ground in such a manner as to facilitate drainage schemes.

121. Street corners to be cut off - At the intersections of street corners, especially in the case of main streets, it is advisable to cut off the corners and it is recommended that intersections containing an angle less than 135 degrees shall be cut off by a short line which will be the boundary of the street, drawn from points on the street frontage, distant not less than 4 metres from the intersection of the street boundaries.

122. Gradients of streets - Wherever possible gradients on the principal streets shall be limited to 1 in 20, and on cross streets not steeper than 1 in 15.

123. Parcels to be rectangular - As far as is practicable, the parcels shall be rectangular, the side boundary lines being at right angles to the street lines.

124. Size of parcels - Every new parcel in the business area of the Town District of Apia shall contain not less than 1/5 of an acre, the ideal dimensions being a frontage of 20 metres with a depth of 40 metres; and not less than 3/8 of an acre in the residential areas: frontage 25 metres and depth 60 metres, whenever practicable. Under special circumstances, with favourable conditions, parcels slightly under the prescribed areas may be permitted by the Chief Surveyor, in each case, upon application.

125. Building alignment intersections - All boundaries intersecting the building alignment are to be stoned on the alignment, and the road boundaries according to title marked with an iron spike or galvanised pipe as required under regulation 101. The angles of the building alignment, in and on either side of the survey on hand, are to be stoned.

At the intersections of the building alignment, at street corners, regulation 120 shall apply equally to corners of the building alignment.

As to building alignments, see the Fugalei Street and Building Alignment Ordinance Amendment Ordinance 1931 and the Building Alignment Ordinance 1932.

126. Surrounding rights - Every plan of any survey made shall exhibit, distinctly delineated, the natural features within or adjacent to the survey, and sides of roads, streets, passages, thoroughfares, and their widths, also all easements, fences, squares, and reserves for public use which bound or are adjacent to such survey, and shall also show all parcels into which the land is divided, marked with distinctive colours and numbers.

The buildings with their eaves or projecting portions abutting on or which overlap or closely approach the boundaries of adjoining parcels shall be shown on the plan and their position relative to the boundaries clearly specified and delineated, and the actual width of the roads forming the frontages shall be measured as occupied and shown on the plan of the survey.

127. Owner to sign plan - All plans of surveys of [freehold land] or European interests in [customary land] shall be signed by the proprietor of the land or the interest in each case or by his lawfully authorised attorney or agent.

The reference to freehold land was substituted for a reference to European land and the reference to customary land was substituted for a reference to Samoan land pursuant to Article 123(2) of the Constitution, and s. 3 (f) of the Reprint of Statutes Act 1972.

128. Appendices (forms to be used) - The forms and appendices hereafter set forth shall he used for the purposes of the foregoing regulations in the several cases to which they are applicable, and shall be deemed to be part of the said regulations, and may be modified in each case as the circumstances require.

As far as it has been able to be ascertained no forms or appendices for these regulations were set forth in the W.S. Gazette.

PART VI

SCALE OF CHARGES

129. Revoked by regulation 12 of the Survey Charges Regulations 1955.

Dated at Apia this 26th day of January 1939.

A. C. TURNBULL,
Acting Administrator

___________

THE SURVEY CHARGES REGULATIONS 1955

As amended by

Decimal Currency Act 1965, s. 5(2) (1965, No. 3, s .5(2))
Survey Charges Regulations 1955, Amendment No. 1 (W.S.R. 1966/1)
Reprint of Statutes Act 1972, s. 3 (d) and (f) (1972, No. 26, s. 3 (d), (f))

PURSUANT to the powers conferred by section 13 of the Land Survey Ordinance 1937, I THOMAS RICHARD SMITH, Acting High Commissioner of Western Samoa, do hereby make the following regulations

ANALYSIS

1. Title
2. Commencement and interpretation
3. Method of payment
4. Included in charges
5. Charges for supplementary plans and copies of plans (exclusive of field work)
6. Travelling and accommodation expenses
7. Charges at daily rates
8. Survey within the Apia Town Area
9. Rural surveys
10. Legislation surveys
11. Plan fees
12. Revocation and savings

_______

REGULATIONS

1. Title - These regulations may be cited as the Survey Charges Regulations 1955.

All charges, fees and expenses payable under these regulations were increased by 25 percent from 1 January 1966 by reg. 3 of W.S.R. 1966/1, reprinted in this title.
These regulations were notified in the W.S. Gazette on 7 November, 1955, at p. 285.

2. Commencement and interpretation - (1) These regulations shall come into force on the 1st day of January 1956.

(2) In these regulations, unless the context otherwise requires, -

"Bush" means virgin forest or milled forest:

"Ordinance" means [the Survey Ordinance 1961]:

"Plan" includes plans:

"Regulations" or "survey regulations" means the Land Survey Regulations 1939 published in the Western Samoa Gazette of 22 March 1939:

"Topographical charge" rough country is that in which average slopes exceed 15 degrees and hilly country that in which the average surface slopes are between 5 and 15 degrees.

"Ordinance": The Survey Ordinance 1961, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Land Survey Ordinance 1937.

3. Method of payment - (1) The charges set out herein are due and payable on completion of the plan for lodging with the [Registrar of Land] or Chief Surveyor, or on completion of the survey if no plan is necessary. In large surveys, the surveyor shall be entitled to progress payments at monthly intervals throughout the course of the survey. Such payments shall be at the rate of 75 percent of the value of the work done, computed on the basis of the appropriate scale. When, owing to the client's instructions, a surveyor is unable to complete his survey and plan, he shall be entitled to payment amounting to the full value of the work completed.

(2) When a surveyor receives authority to carry out a survey, but in accordance with the instructions of his client, completes a portion only of the survey, the surveyor is entitled to treat each separate portion as a completed contract and be paid accordingly unless instructions to continue the survey are received within 6 months from the date of the instruction to postpone the survey:

Provided that if the surveyor completes the survey in portions for reasons other than that of the client's instructions, then there shall be one basic charge for the whole survey and the basic charges set out in regulation 6, 7 and 8 shall be for the survey as a whole irrespective of the number of plans required to illustrate the survey.

In subclause (1) the reference to the Registrar of Land has been substituted for a reference to the Land Registrar pursuant to s. 3 (d) of the Reprint of Statutes Act 1972.

4. Included in charges - Except where otherwise specified, the charges set out below include without further charge:

(a) The plan of the survey, together with field notes, traverse sheets and such other information as is prescribed by the survey regulations, but excluding such plans or copies of plans as are referred to in regulation 5(3):

(b) A cloth tracing or photostat copy of the plan for the client's information, showing thereon the area or areas of each lot and the measurements of all boundaries:

(c) Cost of all labour and materials, except plan forms, duty stamps, and similar disbursements, which shall be charges at cost.

5. Charges for supplementary plans and copies of plans (exclusive of field work) - (1) For preparing a scheme plan of subdivision in accordance with [section 5] of the Ordinance the charge shall be [$6.30] increased by [35 sene] for each lot shown thereon.

(2) Each 200 metres or part thereof of new road within a scheme shall be deemed to be a lot.

(3) Copies of plans of surveys made in accordance with the survey regulations, and drawn on tracing cloth, which require to have shown thereon all survey data, shall be charged at [$4] for each copy up to 20 inches square and [$8] for each copy over that size but not larger than 30 inches square.

In subclause (1), s. 5 of the 1961 Ordinance, being the corresponding enactment in force at the date of this reprint, has been substituted for s. 17 of the repealed 1937 Ordinance.
As to a 25% increase in the sums stated, see the note to reg. 1.

6. Travelling and accommodation expenses - (1) For all surveys a charge for the time of travelling to and from work shall be made at the daily rate as set out in regulation 7 together with the actual travelling expenses and where travelling is by the surveyor's own car or departmental vehicle a charge of [10 sene] per mile travelled shall be made.

(2) In addition, the costs of accommodation for the survey and his party during the progress of the field work shall be charged, but it shall be at the option of the client by arrangement, either to pay additional daily travelling expenses or provide suitable accommodation.

(3) In computing travelling time and mileage, the following directions shall be observed:

(a) Travelling time to and from work shall be assessed on the time taken when use is made of the method of travel most economical to the client unless otherwise agreed upon between client and surveyor:

(b) When the survey is worked from the surveyor's usual place of business or permanent headquarters, the mileage each way shall be the distance by road or track from the surveyor’s place of business to the nearest point thereto on the periphery to survey, plus one-quarter of the perimeter of the block under survey, or in the case of a survey of a road, or extended traverse, plus one-half of the length of such road, or extended traverse:

(c) The travelling time shall be computed at the rate of not more than 60 minutes for each 20 miles of road travelled by the surveyor’s own car, and in all other cases the actual time occupied in travelling, determined in accordance with the foregoing directions:

(d) Where the survey is worked from a temporary headquarters the same rules shall apply, and in addition a charge shall be made for mileage and time for one return trip per month between the usual place of business and temporary headquarters of the survey:

(e) The charge for travelling time shall be limited to [$12.60] in any one calendar day.

(4) In the event of the surveyor providing tent accommodation and provisions, the charges shall be [10 sene] per day for tent accommodation for each member of the party and [70 sene] per day for provisions for each member of the party.

(5) For the purpose of this regulation, permanent headquarters include a branch office or agency at which the surveyor regularly attends and temporary headquarters include camps established on or adjacent to the land under survey.

As to a 25% increase in the sums stated, see the note to reg. 1.

7. Charges at daily rates - (1) A day shall be deemed to be 8 hours in the field, including time of travelling to and from work or 7 hours in the office exclusive of the time of travelling to, and from such office. When employed at the daily rate in the field the surveyor's fee shall be [$12.60] per day or if less than 8 hours is occupied [$2.50] per hour with a maximum of [$12.60]. When the field work, together with travelling time involved in the survey, exceeds 8 hours, in any calendar day, the time in excess of 8 hours so occupied shall be assessed at the rate of [$2] per hour. When employed at the daily rate in the office, the surveyor's fee shall be [$12.60] per day, or if less than 7 hours in any one calendar day is occupied, [$2.50] per hour, with a maximum of [$12.60]. When the office work exceeds 7 hours in any one calendar day, the time in excess of 7 hours so occupied shall be assessed at the rate of [$2] per hour.

(2) To the fee determined as set out in this regulation shall be added the cost of labour and materials, together with travelling and accommodation charges as set out in regulation 6. Daily rates are to be charged only when the conditions are such that the other rates herein set out are inapplicable.

(3) Daily rates are to be charged in the following instances, -

(a) Designing of subdivision, including the time spent in fixing the requisite topographic features:

(b) Preparing plans for Land Court purposes:

(c) Interviewing officials of Government Departments:

(d) Time taken in occupying outside stations for the purpose of obtaining bearings, including the flagging of outside stations if so required:

(e) Time taken in prospecting for road gradients or for the grading of roads:

(f) Compilation of plans from existing records when no field work is required:

(g) The extra time involved in the preparation of additional plans or tracings required for special purposes of a survey or part of a survey, in these cases where the charge for such plans or tracings are not covered by other provisions of this scale:

(h) Time involved by owner's [change of] scheme or layout after survey has been commenced:

(i) Time involved by destruction or covering of survey marks by the owner or his agent:

(j) Sinking boundary pegs below ground surface or the building in of pegs with stone or concrete when so required by client.

In subclause (3) (h) the words "change of" have been substituted for the words "charge on" pursuant to s. 3 (f) of the Reprint of Statutes Act 1972. As to a 25% increase in the sums stated, see the note to reg. 1.

8. Survey within the Apia Town Area - (1) The charges for surveys within the Apia Town Area shall be as set out herein, -

(a) The basic charge shall be 1½ percent of the Government unimproved value of the land up to......………………………………………………….	[$2400]	
but not less than [$30] making [$2400]……………………........................	[$36]	
Add [$1.50] for each [$200] of such value in excess of [$2400] up to........	[$5000]	
making [$5000] ............................................................................................	[$55.50]	
Add [75 sene] for each [$200] of such value in excess of [$5000] up to….	[$10,000]	
making [$10,000] ………………………………………………………….	[$74.25]	
Add [37.5 sene] for each [$200] of such value in excess of [$10,000] up to……………………………………………………………………………	[$20,000]	
making [$20,000] .........................................................................................	[$93]	
Add [10 sene] for each [$200] of such value in excess of…………………	[$20,000]	

(b) Adopted boundaries: Where part of the peripheral boundary is adopted from prior surveys there shall be deducted from the charges determined in accordance with paragraph (a) of subclause (1) of this regulation a sum equal to 50 percent of that amount multiplied by the ratio that the length of the adopted peripheral boundary or boundaries bears to that of all the boundaries forming the periphery of the land which is the subject of the survey:

Provided, however, that in no case shall the charge be reduced to less than [$20].

(2) To the appropriate basic charge determined in accordance with the provisions of paragraphs (a) and (b) of subclause (1) of this regulations shall be added, for all chained and observed lines required in terms of the survey regulations to establish the exterior boundaries of the land which is the subject of the survey, including connections to trigs, standard and other reference marks and traverse necessary to establish the boundaries of intersecting legal roads, but excluding those lines which are necessary to establish new internal roads or new boundaries, a sum calculated at the rates set out below, -

	Open per 20 metres	Bush per 20 metres	
			
(a) Rough country	[60 sene]	[80 sene]	
			
(b) Hilly country	[50 sene]	[70sene]	
			
(c) Easy country	[40 sene]	[60 sene]	

(d) Ranged lines (i.e. observed only, with at least one new intermediate peg) 50 percent of the charge set out in paragraph (a), (b) or (c) of this subclause:

(e) Traverse or boundary lines in swamp, [70 sene] per 20 metres:

(f) Traverses requiring measurement of offsets to a natural boundary, add [25 sene] per 20 metres to the appropriate charges in paragraphs (a), (b), (c) or (e) of this subclause:

(g) Traverses requiring measurements of offsets to any datum for which a contour has to be run by means of a level, to the charge determined in accordance with paragraph (f) of this subclause add 50 percent.

(3) Lot charges, -

(a) To the appropriate peripheral charge determined in accordance with the provisions of subclause (2) of this regulation there shall be added for each lot, -

(i) not exceeding ¼ acre, up to 10, [$3] and in excess of 10, [$2.25]:

(ii) exceeding ¼ acre, but not exceeding ½ acre, up to 10, [$4] and in excess of 10, [$3]:

(iii) exceeding ½ acre, but not exceeding 1 acre, up to 10, [$5.25] and in excess of 10, [$3.75]:

(iv) exceeding 1 acre, but not exceeding 2 acres, up to 10, [$6.40] and in excess of 10, [$4.50]:

(v) exceeding 2 acres, but not exceeding 5 acres, up to 10, [$7.35] and in excess of 10, [$5.25]:

(vi) exceeding 5 acres, each 5 acres or part thereof shall be deemed to be a lot of area as in subparagraph (v) above:

(vii) New road within the survey, each 200 metres or part thereof shall be deemed to be a lot of area as in paragraph above:

(b) In surveys with lots of various areas the subdivisional charge for the first 10 lots shall be based on those of the smallest class or classes comprised therein and the balance on the rates set for lots, in excess of 10:

(c) Curved boundaries: In each lot with one or more curved boundary add [$1.50] for each are used in the calculation of such lot, but the charges shall not be duplicate in the case of common boundaries:

(d) Ranged internal boundaries to be charged for under subclause (2) (d) of this regulation:

(e) Topographical charge: To the charges determined in accordance with subclause (3) (a) and (c) of this regulation, there shall be added, if the area is hilly, 20 per cent of the charges, so determined, and if the area is rough, 331/3% percent of the charges so determined.

Cutting and Clearing Charge

(4) To the charges so determined there shall be added [75 sene] per 20 metres for the cutting and clearing of all vegetation over 4 feet in height, and [37.5 sene] per 20 metres for vegetation under 4 feet requiring cutting and clearing, but in exceptional cases charges may be increased by arrangement with the client.

Obstructed Boundary

(5) To the charges determined as above, there shall be added a sum computed at the rate of [$20] per 20 metres for each obstructed boundary, which for the purpose of this subclause shall be deemed to mean that portion of any boundary which, -

(a) Is approached by buildings on both sides if the space between such buildings is less than 0.4 metres in width; or

(b) Comprises a wall of a building, where, for the purpose of determining the thickness thereof or its relationship to the title boundary, it is necessary to fix by survey both sides of the said wall.

Pegging Charge

(6) To the charge determined in accordance with the preceding provisions of this regulation, there shall be added the sum of [$1.50] for each boundary stone and [75 sene] for each peg or other survey mark placed or made in accordance with the Survey Regulations, and for each old peg or other survey mark found and used in accordance with the regulations, and for each point fixed by bearing and distance for the purpose of determining the relationship to a boundary of any building, fence, wall or structure, when such relationship cannot be determined by visual observation and is required in accordance with the Survey Regulations.

Surveys not Requiring the Lodging of a Plan

(7) When a complete survey is made but a plan for lodging in the Survey Office is not required, a deduction of 20 percent shall be made to the charges determined in accordance with the preceding provision of this regulation, and where both the plan for lodgment and a plan for the owner are not required a deduction of 25 percent shall be made to the charges prescribed by this regulation.

Redefinition of Part of Boundaries

(8) Where one or more boundaries are re-defined, the charge shall be determined as if the boundaries not redefined were adopted from prior surveys and the appropriate deductions made as provided for in paragraph (b) of subclause (1) and in subclause (7) of this regulation but in no case shall the charge be less than that determined by the daily rate set out in regulation 7.

As to a 25 percent increase in the sums stated, see the note to reg. 1.

9. Rural surveys - (1) The basic charge for a rural survey shall be [$30].

(2) Mileage charge: To the basic charge for a rural survey shall be added for all the chained and observed lines required in accordance with the Survey Regulations, a sum calculated at the rates set out in subclause (2) of the last preceding regulation.

(3) Cutting and clearing charge: To the charge for a rural survey there shall be added a sum calculated at the rates set out in subclause (4) of the last preceding regulation.

(4) Area charge: To the charges so determined there shall be added a sum computed at the rate of [30 sene] for each right line up to 10 and [15 sene] for each line in excess of 10, used in the mathematical computation of the area of each lot or severance, the area of which is shown on the plan:

Provided that the total charge for any lot or severance, the area of which has been totally deduced by planimeter, shall not exceed [60 sene]:

Provided also that in figures of uniform width bounded by parallel sides, each continuous length of 800 metres or any part less than 800 metres shall be assessed as a lot or severance, the charge for which shall not exceed the sum of [60 sene]. For the purpose of this subclause each traverse line used for the purpose of mathematically computing an area bounded by a natural boundary and each continuous 200 metres length of natural boundary shall be counted as a line.

(5) Pegging charge: To the charges so determined there shall be added a sum calculated at the rates set out in subclause (6) of the last preceding regulation.

(6) Curved boundaries: To the charge so determined there shall be added where curved boundaries occur a sum calculated in accordance with the provisions of paragraph (c) of subclause (3) of the last preceding regulation.

(7) Adopted work: To the charge so determined there shall be added a sum computed at the rate of [30 sene] per line for each traverse or boundary line adopted from prior surveys, the bearing and distance of which is required to be shown in accordance with the Survey Regulations, and where a natural boundary is required to be shown on the plan, each 100 metre length of such adopted natural boundary shall be counted as one line.

(8) Surveys not requiring lodgement of plan: When a complete survey is made but a plan for lodging in the Survey Office is not required, a deduction of 20 percent shall be made to the charges determined in accordance with the preceding provision of this regulation, and where both the plan for lodgement and a plan for the owner are not required a deduction of 25 percent shall be made to the charges prescribed by this regulation.

As to a 25 percent increase in the sum stated, see the note to reg.1.

10. Legislation surveys - (1) Basic charge: The basic charge for road, easements and other similar route surveys shall be [$30]. Surveys for proclamation areas for public purposes shall be charged in accordance with the appropriate provisions of regulation 8 or 9 hereof.

(2) Charge: To the appropriate basic charge determined in accordance with the provisions of the preceding subclause of this regulation shall be added for all the chained and observed lines required in accordance with the survey regulations a sum calculated at the rates set out in subclause (2) of regulation 8.

(3) Cutting and clearing charge: To the charges so determined there shall be added a sum calculated at the rates set out in subclause (4) of regulation 8.

(4) Pegging charge: To the charges so determined there shall be added a sum calculated at the rates set out in subclause (6) of regulation 8.

(5) Adopted work: To the charges so determined there shall be added a sum calculated at the rates set out in subclause (7) of regulation 9.

(6) Intersection charge: To the charges so determined there shall be added for each intersection computed or pegged the sum of [$2.25]. For the purpose of this subclause, an intersection means the point of crossing or meeting of 2 boundaries pegged or calculated.

(7) Area charge: To the charges so determined there shall be added a sum calculated in accordance with the provisions of subclause (4) of regulation 9.

(8) Curves boundaries: To the charges so determined there shall be added a sum calculated in accordance with the provisions of paragraph (c) of subclause (3) of regulation 8.

As to a 25 percent increase in the sums stated, see the note to reg. 1.

11. Plan fees- (1) Deposit and approval fees:

(a) For each plan of survey there shall be a charge for depositing the same in the office of the Land Registrar or Chief Surveyor of [$1]:

(b) To such charge shall be added a charge for approval of [$5] for a plan containing one parcel or lot and for each additional parcel or lot shown on the plan an additional charge of [$1].

As to a 25 percent increase in the sums stated, see the note to reg. 1.

12. Revocation and savings - (1) Part VI of the Land Survey Regulations published in the Samoan Gazette of 22 March 1939 is hereby revoked.

(2) Without limiting the provisions of the [the Acts Interpretation Act] it is hereby declared that the revocation of any provision by these regulations shall not affect any document made or any thing whatsoever done under the provisions so revoked, or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of revocation and could have been made or done under these regulations shall continue and have effect as if it has been made or done under the corresponding provisions of these regulations and as if that provision had been in force when the document was made or the thing done.

In subclause (2) the Acts Interpretation Act 1974, being the corresponding enactment in force at the date of this reprint, has been substituted for the Acts Interpretation Act 1924 (N.Z.).

Dated at Apia this 8th day of November, 1956.

T. R. SMITH
Acting High Commissioner

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THE SURVEY CHARGES REGULATIONS 1955, AMENDMENT NO. 1

His HIGHNESS, MALIETOA TANUMAFILI II, HEAD OF STATE

At the Government House at Apia this 19th day of January 1966

PURSUANT to the Survey Ordinance 1961, the Head of State, acting by and with the advice of Cabinet, hereby makes the following regulations.

ANALYSIS

1. Title
2. Date of commencement
3. Percentage increase in charges, etc.

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REGULATIONS

1. Title - These Regulations may be cited as the Survey Charges Regulations 1955, Amendment No. 1, and shall be read together with and be deemed part of the Survey Charges Regulations 1955 (hereinafter referred to as the principal Regulations).

2. Date of commencement - These Regulations shall come into force on the first day of January 1966.

3. Percentage increase in charges, etc. - All, charges, fees and expenses payable under the principal regulations are hereby increased by 25 percent.

MALIETOA TANUMAFILI II
HEAD OF STATE

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DECLARATION AS TO ACCEPTABLE SURVEYOR QUALIFICATION 1977

HIS HIGHNESS, MALIETOA TANUMAFILI II, Head of State 
At the Government House at Apia this 28th day of January 1977

PURSUANT to and for the purposes of paragraph (c) of subsection (1) of section 3 of the Survey Ordinance 1961.

I, MALIETOA TANUMAFILI II, Head of State, acting on the advice of Cabinet, hereby make the following declaration.

DECLARATION

That as from the date hereof every adult person shall be entitled to a licence as a surveyor who satisfies the Minister of Lands that he holds the following qualification for the purposes of the Survey Ordinance 1961, namely,

(a) THAT he is duly qualified and registered as a survey draughtsman or as a survey technician in a country approved of by the Minister of Lands acting on the recommendation of the Director of Lands; and

(b) THAT for a period of not less than 5 years he has had practical experience in surveying in Western Samoa of a type and standard approved of by the Minister of Lands acting on the recommendation of the Director of Lands.

MALIETOA TANUMAFILI II
HEAD OF STATE

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