Section 4: Digital cadastral database
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
4. Digital cadastral database
(1) (a) The digital cadastral database existing, and kept at the Ministry,
at the commencement of this Act shall be deemed to have been set up under
this Act and shall continue to be kept and maintained in electronic form.
(b) The DCDB shall, in respect of every land parcel, consist of the
entries specified in subsection (2).
(2) The entries referred to in subsection (1) (b) shall include—
(a) a digital graphic representation of the land parcel;
(b) the relationship of all points and polygons in the cadastral
framework with the geodetic datum of the Island of Mauritius;
(c) the relationship of every land parcel with any other adjoining
land parcel and any abutting road;
(d) the lot number, if any, the extent of the land parcel, its PIN, plan
or diagram of cadastral survey, street address and particulars of
transcription;
(e) a brief description of any building on the land parcel, its PIN, the
area of the building in square metres, its utilisation, the individual
descriptors, attributes and other related material;
(f) an indication as to whether a building on the land parcel is for
residential, commercial, industrial or other purposes;
(g) the full name of the owner;
(h) the market value of the land parcel in terms of the value of the
land, the buildings, if any, and the value of leasehold rights in
State lands;
(i) zoning of the land parcel for planning purposes;
(j) the city, town and village boundaries set out in the First, Second
and Third Schedules, respectively, to the Local Government Act,
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Revised Laws of Mauritius
the electoral boundaries of constituencies approved by the Assembly under section 39 of the Constitution and any other administrative boundaries, of the land parcel;
(k) such other information as the Permanent Secretary may require.
(3) The DCDB shall be upgraded to a co-ordinated cadastre by the
recording of accurate surveys and co-ordinated cadastral surveys.
(4) The recording in the DCDB of information in respect of a land parcel
shall not create or affect any interest in the land.
(5) Where the information in the DCDB is inconsistent with information
recorded or noted in the land registry, the information recorded or noted in
the land registry shall prevail to the extent of the inconsistency.
(6) Any information recorded in a deed of transfer of a land parcel regarding the co-ordinates of land boundaries shall be consistent with the DCDB.
(7) Where the DCDB indicates that the boundaries of a land parcel are
not fixed boundaries, the land parcel map shall be taken to be the general
boundaries of that land parcel.
(8) Where any uncertainty or dispute exists as to the alignment of any
boundary line, a note to that effect shall be inserted in the DCDB.
(9) For the purpose of this section, the DCDB shall be geo-referenced in
terms of the prescribed geodetic datum of Mauritius which is based on the
WGS 84 reference system of the World Geodetic System 1984.
[S. 4 amended by s. 165 (4) of Act 36 of 2011 w.e.f. 15 December 2011.]
(S. 4 not in operation.)