No. 12/2017
LAND Cmv!MISSION
(d)
Cap. 20:29
invite every interested party present, or his or her legal representative, to
sign the statutory servitude protocol:
Provided that any failure by an interested party to sign the protocol
shall not affect its validity.
(8) At the conclusion of the meeting convened in terms of subsection (6) the
designated officer shall transmit two authenticated copies of the statutory servitude
protocol to the Secretary in his or her capacity as the Registrar of Partially Alienated
State Land Rights, and the Secretary shall make the appropriate entries in the Register
recording the creation, variation or cancellation of the statutory servitude as an
endorsement or encumbrance on the offer letter, lease or permit concerned:
Provided that if there is any prescribed fee for the making of this record by
the Secretary, any claimant for the statutory servitude or its variation recorded in his
or her favour (or, in the case of a negotiated statutmy servitude, all the parties thereto
in equal sha.res) shall pay the prescribed fee.
(9) U pan receiving written confilmation from the Secretary that the appropliate
entries in the Register have been made, the designated officer shall furnish an
authenticated copy of the statutmy servitude protocol to every interested party with the
date of the recording of the creation, variation or cancellation of the statutory servitude
endorsed thereon.
(1 0) Sections 47 and 48 shall apply if-
47
(a)
there is a dispute about the creation, vmiation or cancellation of a statutory
servitude or about any compensation to be payable therefor; and
(b)
any non-concuning party fumishes the prescribed secuiity within the
allowed period (or such longer period as the Secretary may for good and
sufficient reason allow).
Reference of disputes in connection with proposed statutory
servitudes and rights, privileges and obligations of interested parties
at hearings
(1) If a designated officer responsible for proposing the creation, variation
or cancellation of a statutory servitude (whether on his or her own initiative or in the
circumstances referred to in section45(1)(b), (c) or (d)) receives written confirmation
from the Secretary that a non-concurring party in relation to that proposal has furnished
to the Secretaty the prescribed security within the allowed petiod (or such longer petiod
as the Secretary may for good and sufficient reason allow), the designated officer shall,
through the Secretary, lodge with the Commission the notice referred to in section46(1)
and a written statement of the issues in dispute, and thereafter provisions of the Fifth
Schedule and section61 shall apply to the resolution of the dispute.
(2) A non-concun·ing patty and evety other interested party shall(a)
have the right to appear as a party before the Commission on the hearing
of a proposal to create, vary or cancel a statutory servitude or an issue of
compensation or both; and
(b)
if he or she appears in tenus of paragraph (a)(i) have all the ptivileges belonging to; and
(ii) be subject to all the obligations which are or may be imposed on;
a party to proceedings before the Administrative Court.
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