imprisonment for a period not exceeding three months: Provided that in the case of a
continuing offence an additional fine not exceeding fifty rand for each day upon which
such contravention or failure continued may be imposed, but no such fine shall in any one
prosecution or within any one month exceed two hundred rand.
(5) The provisions of this section shall apply throughout the Territory South West Africa.
[S. 9A is inserted by Ord. 11 of 1972.]
10. (1)

The Surveyor-General shall not approve a general plan or the diagrams of erven, lots,
blocks or holdings which together form a group (whether or not streets or roads and
open spaces which are, or are intended to be public places form part of such a group)
situate wholly or partly outside an urban area, if any part of any such erf, lot, block or
holding falls within a distance of one hundred metres of the centre line of a trunk or
building restriction road, unless the said general plan or diagram corresponds
substantially with a plan or sketch of the proposed layout of the said group which the
Executive Committee has approved.

(2) The Provisions of sub-section (1) shall apply mutatis mutandis to a diagram of any piece of
land adjoining a group of erven, lots, blocks, or holdings, if any part of the said piece of land falls
within a distance of one hundred metres of the centre line of a trunk or building restriction road.
(3) After approval under the provisions of sub-sections (1) and (2), the title deed of the land in
question shall be made subject to the following conditions:(a)

that the trunk or building restriction road concerned is not deemed to be part of an
urban area and that, for the purposes of this Ordinance, the provisions of sections one,
two, three, four, five, six and nine shall apply;

(b)

that no structure, except an enclosure, fence or wall which does not rise higher than
five feet above the surface of the land on which it stands, may be erected within fifteen
(15) metres of the boundary of the trunk or building restriction road reserve;

(c)

that no erven, lots, blocks or holdings adjoining a trunk or building restriction road may
be used for business purposes, except when such erven, lots, blocks or holdings also
adjoin another proclaimed road and no direct access to, or exit from, the trunk or
building restriction road is permitted.

(4) When a piece of land has been surveyed, or has been subdivided by means of a survey or
surveys into two or more portions and any part of such land or portion, which is situate outside an
urban area falls within a distance of one hundred metres of the centre line of a trunk or building
restriction road, the Surveyor-General shall not approve the diagram of such piece of land unless
it has been endorsed by the Executive Committee as to whether the land or portion thereof falls
within the above distance from the centre line of the trunk road or building restriction road or not,
and, if it does, that the layout is acceptable to him, and the Registrar of Deeds shall not register
such piece of land or portion thereof unless he has made such registration subject to the
condition that the land shall not be used for business purposes except where such land also
adjoins another proclaimed road and no direct access to, or exit from, such trunk, or building
restriction road is permitted.
(5) When the Executive Committee has signified that any part of a piece of land situate outside an
urban area, falls within a distance of one hundred metres of the centre line of a trunk road or

Select target paragraph3