planning permissions. The Physical Planning Act, 2016, is holistic when dealing with
physical planning. Section 24 prescribes what a National Physical Development Plan
should consist of; among which are development statements, principles and background
studies which among other things should cover analysis of demographic, economic,
energy and environment issues, land use and land tenure. Further the Act demands that
relevant authorities should consult other relevant institutions when reviewing physical
plans for development. It recognises the need of reasonable compensation to land owners
in case of compulsory acquisition of land for public interest in accordance to section 18
of the Land Act of 2016.
Land Survey Act 2016
36.
The Land Survey Act 2016 repeals the Land Survey Act (Cap 59:03) of 1955. The Act
provides for land survey and related matter to ensure provision of better land surveys and
the licensing and control of Land Surveyors. The Act also provides for establishment of
Land Surveyors Registration Board and Malawi Geographical Information Council. The
main function of the Land Surveyors Board is to license and oversee the conduct of land
surveyors. The main functions of the Malawi Geographical Information Council are to
register spatial data and to advise on policies and technical issues relating to spatial data
development, update, management, and transfer. A licensed land surveyor is the only
person who can prepare plans, diagrams or maps that are used for registration of a land
title or a deed. Any boundaries marked or demarcated by a land surveyor are lawfully
established. The method and accuracy for establishing boundaries of pieces or parcels of
land is not specified in the law but is to be defined in the regulations and rules. Equally,
the fees to be paid for surveying services shall be included in the regulations and rules
since these are reviewed periodically. For precise location of land parcel, boundary
corners and lines are defined by measurement (distances and directions between corners)
and referenced to the monuments or markers placed or existing on the ground or to
adjoining land.
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