Cap. 20:29 LAND COMNIISSION No. 12/2017 (whether or not the servitudes in question were extinguished when the land was originally acquired by the State); or (b) unless, in the case of the proposed creation of any new servitude in relation to the land referred to in that subsection, or the vatiation of an existing statutory servitude, the designated officer is satisfied that(i) the object for which the servitude is to be created or the existing servitude varied is best achieved by the creation or variation of the servitude, as the case may be; and (ii) the proposed new servitude, or the variation of an existing one, is fair and reasonable and isA. of sufficient agricultural or other utility to justify its creation or variation; or B. required to secure access by any landholder to his or her holding or to the nearest public road; or C. required for a purpose (other than a purpose refetred to in subparagraph A or B) which is justifiable in the public or national interest; or (c) unless, in the case of the proposed cancellation of an existing statutory servitude in relation to the land referred to in that subsection, the designated officer is satisfied that there is no reasonable or sufficient objection or impediment to its cancellation. (3) Before exercising his or her power in terms of subsection ( 1) a designated officer shall conduct such investigation as he or she deems fit to ensure that the creation, variation or cancellation of the statutory servitude in question will not involve(a) undue dallk'1ge to or intetference with the tights of any landholder subjected to the servitude; or (b) where three or more landholders will be affected by the creation, variation or cancellation 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 accming to the affected landholders collectively; or (c) in the case of a negotiated statutory servitude, unfaimess to any of the interested patties involved, or will not prejudicially affect the rights of neighbouring landholders. (4) For the purpose of an investigation in terms of subsection (3) the designated officer and any person authorised in writing by him or her may enter upon any land, other than a dwelling-house thereon, for the pmpose of obtaining the information required for compliance with that subsection. 46 Method of creating, varying or cancelling statutory servitudes (1) Where a designated officer proposes to create, vary or cancel a statutory servitude (whether on his or her own initiative or in the circumstances refetred to in section 45( l)(b), (c) or (d)) he or she shall serve on every interested patty notice in writing- (a) describing the locality and nature of the proposed or existing statutory servitude, whether the proposed statutory servitude is permanent or 229