Survey Act

Defines "surveyor" as a land surveyor.

The board may grant licences to persons meeting the qualifications in subsection (1) and may refuse licences for the grounds listed in subsection (2).

The board must keep a register of all licensed surveyors (showing licence class); certified copies or certain letters signed by the commissioner (or deputy) are prima facie evidence in court; the board must publish the register annually in the Gazette.

The board may hold disciplinary inquiries into alleged misconduct by licensed surveyors; the chairperson must convene inquiries when allegations come to notice; licensed surveyors are entitled to attend and may be represented; the board may reprimand, cancel or suspend licences and may proceed in the surveyor's absence if notice requirements are met.

Section requires issuing a summons directing the named person to attend to give evidence or produce specified documents.

Persons served with a summons who fail to obey, refuse to answer, interrupt or insult the board commit an offence punishable by a fine up to one thousand shillings or up to three months' imprisonment or both; persons need not answer if doing so would incriminate themselves and are entitled to the privileges of High Court witnesses.

If a person's licence has been suspended or cancelled, that person must surrender the licence to the board within such time as the board directs.

Persons reprimanded or whose licence suspension or cancellation order has been made by the board may appeal to the High Court within thirty days; the Chief Justice may make rules for such appeals.

People whose licences have been suspended or cancelled may apply to the board for restoration, and the board may grant or refuse the application in its absolute discretion after any inquiry it considers desirable.

Section 18 prohibits specified persons from practising or representing themselves as licensed surveyors and exempts authorised Government surveyors.

If a survey is authorised under section 2 or 3, any Government surveyor or duly authorised officer with assistants may enter land and carry out inquiries and anything necessary to effect the survey.

The commissioner of lands and surveys may authorise trigonometrical, topographical or other necessary surveys; for general surveys notice must be published in the Gazette before undertaking; the commissioner and Government surveyors are responsible for controlling and carrying out surveys under this section.

When a general survey is authorised, a Government surveyor must publish a general notice stating the intention to survey specified holdings within set local limits and naming the day the survey will begin.

A Government surveyor has the power to cause a notice to be served requiring persons connected with land to attend and assist for the purposes of survey.

A Government surveyor may serve a notice on land owners or occupiers requiring them to clear boundary or other lines needed for a land survey.

Government surveyor must inspect alleged damage after clearance and pay or tender compensation if considered appropriate; the Government is not liable for certain pre-existing survey-related damage or where the survey was done at a private party's request, but that private party remains liable to those harmed.

Government surveyor may issue a notice to a person believed to have information about land boundaries; any person served must attend and give information about the boundaries.

A Government surveyor must, after making such inquiry as they think fit, determine and mark out the boundaries of the land and may (subject to lawful rules) cause boundary marks to be erected; however the surveyor's determination does not prevent persons from seeking legal remedies to dispute or establish other boundaries.

Owners must maintain lawful survey or boundary marks in good repair and keep them clear of high grass and brushwood; owners or occupiers must give immediate notice to nearest administrative headquarters or the officer in charge of the nearest police station if such marks are injured, destroyed or removed.

The commissioner may reerect, repair or clear lawfully erected survey or boundary marks when aware they are damaged, removed or need repair, and may recover the expenses from the person bound under section 26.

Every chief must prevent damage to survey or boundary marks within their local limits and must immediately report any destruction, injury or alteration to the nearest district commissioner.

If a person ordered under this Act fails to do the required act within a reasonable time, the officer who gave the order may cause the act to be performed after giving notice; the commissioner may recover the expenses from that person, except that for surveys carried out at a private party's application the expenses are recoverable only from the applicant in some cases.

The Minister may at any time order a special survey of any part of Uganda and may appoint officers to control it; orders must be published and must specify the survey's nature, area and applicable provisions.

Persons legally bound to comply with orders or notices who wilfully refuse or, without reasonable excuse, neglect to comply commit an offence and may be fined up to one hundred shillings on conviction.

Anyone who wilfully obstructs, hinders or resists a Government surveyor or a person assisting them commits an offence and may be fined up to one hundred shillings.

Expenses and fees prescribed under this Act are due to the Government and may be sued for and recovered by the commissioner, a Government surveyor, or an officer authorised by the commissioner; an authorised district officer may recover amounts in the name of the commissioner in a Magistrates Courts Act court; amounts must be notified to the registrar of titles and, until recovered, are a first charge in favour of the Government on the land.

Where no particular method is provided, notices, orders, plans or other matters required by the Act may be served or published by registered post or delivery to the person's (or their agent's) address; for persons subject to customary law or groups, communication may follow custom and must also be posted at the local administrative district headquarters for the area where the lands to be surveyed are situated.

The commissioner and specified officers may, without paying compensation, build and occupy camps on uncultivated or unbuilt land and take necessary materials, excluding timber of special value, and water for constructing camps, beacons and survey marks.

Section empowers rules concerning fees for surveys and related matters and refers to the apportionment of fees by the commissioner among persons liable for them.

Establishes the Surveyors Licensing Board, specifies membership and appointment, sets a three-year term for ordinary members with eligibility for reappointment, requires two members to be licensed surveyors, and allows ordinary members to resign in writing to the chairperson.

Rules for board meetings: when the board meets, quorum requirements, decision-making by resolution, the chairperson's casting vote, and the board's power to regulate proceedings.

The board must make arrangements for the examination of persons seeking to be licensed as surveyors in accordance with this Act.

The board may appoint or employ examiners and other officers as necessary.

The board and its members are not liable in damages for acts or defaults done in good faith while carrying out any function or performing any duty under this Act.

The board must grant licences to permit persons to undertake land surveys upon payment of the prescribed fee; licences are class A (permits surveying anywhere in Uganda) and class B (permits only surveys specifically authorised in writing by the commissioner); licensed persons are "licensed surveyors"; government employees are not authorised to be granted licences; the commissioner may delegate powers under subsection (4).