| (1) |
A holder of a servitude contemplated in this Chapter has a reasonable right of access to the land which is subject to the servitude for the purpose of constructing, altering, replacing, inspecting, maintaining, repairing or operating the relevant waterwork, or for any other purpose necessary for the effective enjoyment of that servitude. |
| (2) |
The holder of a servitude contemplated in this Chapter may, in a reasonable manner and subject to any other applicable law— |
| (a) |
take from the land subject to the servitude, any material or substance reasonably required for constructing, altering, replacing, maintaining or repairing any waterwork or part of a waterwork in respect of which the servitude has been acquired; |
| (b) |
remove and use vegetation or any other obstacle which is on the land subjectto the servitude and which is detrimental to the reasonable enjoyment of the servitude; |
| (c) |
deposit on the land subject to the servitude any material or substance excavated or removed from the waterwork in the reasonable exercise of the servitude; |
| (d) |
occupy, during the period of construction of the waterwork in respect of which the servitude has been acquired, as much of the land subject to the servitude as may reasonably be required for— |
| (i) |
constructing camps or roads; |
| (ii) |
constructing houses, reservoirs or other buildings or structures; or |
| (iii) |
installing machinery or equipment, |
necessary for the construction of the waterwork;
| (e) |
occupy, for the duration of the servitude, as much of the land subject to the servitude as is reasonably required for— |
| (i) |
accommodating people; |
to the extent that this is necessary for the control, operation and maintenance of the relevant waterwork.
| (3) |
A holder of a servitude contemplated in this Chapter must, when requested in writing by the owner of the land subject to the servitude, at the holder's cost— |
| (a) |
maintain the servitude area; |
| (b) |
repair and maintain waterworks relating to the servitude; and |
| (c) |
repair and maintain access roads associated with the servitude. |
| (4) |
If the holder of a servitude fails to carry out the requested work, the owner of the land may arrange for the necessary work to be done and may recover any reasonable cost incurred from the servitude holder. |
| (5) |
On termination of a servitude, the holder of the servitude must rehabilitate the land subject to the servitude to the extent that this is reasonably possible. |
Gas Regulator Levies Act, 2002
