Cap. 20:29 LAND CoMMrssroN No.12/2017 (a) payment to the holder of the servitude of storage of such share of the costs of constructing, enlarging, maintaining or repairing the water storage works; and (b) fulfilment of such conditions, other tlk'Ul the payment referred to in paragraph (a); as may be agreed or, failing agreement, as may be fixed by the designated officer, pattici pate in the benefit of the water storage works in propcntion to the share of the cost: Provided that, if the servitude of storage has been acquired by(a) the State or a local authority; or (b) any statutory body(i) established or re-established directly by or under an enactment; and (ii) empowered or required by the enactment refened to in subparagraph (i) to acquire the servitude of storage; the lawful holder or occupier ofland shall not be entitled so to participate in the benefit of such water storage works. (6) Every statutory or other water storage servitude or other servitude for the construction or maintenance of water works shall include a right to take gravel, rock, sand, soil, stone or wood from the land subject to the servitude for the purpose of maintaining or repairing any water works thereon on payment to the lawful holder or occupier of such land of such compensation as may be agreed or, failing agreement, as may be fixed by the designated officer: Provided that no gravel, rock, sand, soil, stone or wood shall be taken from(a) within a distance of five hundred metres of any afforested or cultivated lands, premises or other structures, mining works or quarries; or (b) forest land as defined in the Forest Act [Chapter 19:05]; without the permission of the lawful holder or occupier thereof. (7) Notwithstanding anything contained in subsection (1), the designated officer(a) may, if he or she considers that the permission of the lawful holder or occupier concerned is being unreasonably withheld, authorise the taking of gravel, rock, sand, soil, stone or wood from(i) within the distance refened to in paragraph (a) of the proviso to subsection ( 1); or (ii) forest land as defined in the Forest Act [Chapter 19:05]; and (b) shall determine what compensation, if any, is to be paid by the holder of the servitude concerned to the lawful holder or occupier refened to in paragraph (a) in respect of any loss or damage which may result from any taking authorised in terms of that paragraph. (8) In subsection (2)"road "and "road authority" have the respective meanings given by the Roads Act [Chapter 13:18] (No.6 of2001). 235