17. Power of inspection and survey
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(1) If the Comptroller requires an inspection or survey of any land or premises for the purposes of assessing the same under this Act, he or she may issue a notice of his or her requirements and cause the same to be served upon the owner, and thereupon the Comptroller, or any surveyor or other person authorised in writing by such Comptroller, may at all reasonable times mentioned in the notice go upon and inspect or survey all lands and premises belonging to such owner, and the owner shall upon the requisition of the Comptroller point out to the Comptroller, or to the surveyor, or (upon his or her presenting his or her written authority) to any such other person authorised as aforesaid, what houses and land are in the possession of such owner, and the boundaries of the said land.
However, the Minister's sanction shall first be obtained by the Comptroller in all cases where any survey is required.
In addition, the owner of any land or premises surveyed shall be entitled to compensation for any damage or loss sustained by reason of such survey, and the amount of such compensation shall be assessed by the Minister, upon proof to their satisfaction of such damage or loss, and shall be paid by the Director of Finance and Planning under the Minister's warrant to the owner of such land or premises.
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(2) The Comptroller or any surveyor acting under his or her authority may require production to them respectively of all plans and documents relating to the land surveyed or about to be surveyed, which are in the custody or power of any person interested in the said land, and any person who shall refuse or wilfully neglect to produce or who shall conceal such plans or documents within 7 days after any demand made for their production by the Comptroller or such surveyor as aforesaid, is liable to a fine not exceeding $48.
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(3) Where the result of any inspection or survey made under the authority of this section, proves that the land and premises actually belonging to the owner exceeds the area specified in any return at any time made by such owner under the provisions and expenses of the said inspection or survey shall be paid by the owner. In all other cases they shall be paid by the Government.
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(4) Proceedings taken under this section shall not exonerate any owner from his or her liability to any penalty under this Act.
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(Amended by Act 30 of 2001)