Cap. 20:29 48 LAND CoMMISSION No.12/2017 Powers of Commission in regard to disputes in connection with proposed statutory servitudes (1) Subject to this section, the Commission may, if a dispute in connection with the creation, variation or cancellation of a statutory servitude is not resolved in accordance with the Fifth Schedule and is put before it for its dete1mination in accordance with that Schedule- (a) grant the proposed servitude or endorse its variation or cancellation, with or without modifications and subject to such conditions as it thinks fit; or (b) dismiss the proposal for the creation, variation or cancellation of the statutory servitude, or for the preservation, confirmation, restoration or adjustment of a pre-existing servitude by means of the statutory servitude, on the ground that(i) the proposal is not, in tem1S of section 44, a competent one to be made in accordance with this Pa11; or (ii) the object for which the servitude is to be created, varied or cancelled or, if it relates to a pre-existing servitude, preserved, confirmed, restored or adjusted, is better achieved by other means; or (iii) the proposed new servitude or the variation of an existing servitude is notA. B. of sufficient agricultural or other utility to justify its creation; or required for a purpose (other than a purpose referred to in subparagraph A) which is justifiable in the public or national interest; or (iv) the proposal is not fair and reasonable or is not made in good faith; or (v) the servitude concerned or its variation is likely to causeA. undue damage to or interference with the rights of any landholder subjected to the servitude; or B. where three or more landholders will be affected by the creation of the servitude, more loss to or damage or interference with the rights of any landholder subjected to the servitude than would be justified by the benefits accruing to the affected landholders collectively; and shall dismiss the proposal if, in the case of a servitude refened to in section 11 of the Communal Land Act [Chapter 20:04], the Ministerresponsible for the administration of that Act has not consented to the creation of the servitude, or a condition fixed by that Minister in giving his or her consent cannot be made binding on a claimant, beneficiary or any holder of a servient or dominant tenement in relation to the proposed servitude. (2) Subject to tllis section, the Commission may, on an issue of compensation that is put before it for its determination in accordance with the Fifth Schedule, award or refuse to award compensation to the interested party concemed in respect of any loss or deprivation of 1ights likely to result from the creation of the proposed statutory servitude. 233