Cap. 20:29 LAND COMMISSION No.12/2017 "Water Act" means the Water Act [Chapter 20:24] (No. 31 of 1998) or any other law that may be substituted for the same; "water storage works" means a dam, reservoir or well; "·water works" n1eans(a) a borehole, canal, channel, embankment, filter, filterbed, pipeline, pumping plant, purification plant, plant for the generation of hydroelectric power, water storage works or well; or (b) any accessoty, apparatus, appliance, fitting, machinery or other tlring constructed, erected or used for or in connection with the abstraction, control, diversion, drainage, filtmtion, passage, purification, storage, supply or use of water, including effluent or waste water, or the conservation of rainfall or the development of water power; or (c) any land occupied for or in connection with the abstmction, control, diversion, drainage, filtration, passage, purification, storage, supply or use of water, including effluent or vvaste water; or (d) any gauge post, measuring weir or other appliance erected or used for undettakings authorised by or in terms of the Water Act. 44 Application of Part IX (1) This Part applies to the creation of statutory servitudes, including water servitudes as defined in the Water Act, as between(a) interested patties who are alllmvful holders or occupiers referred to in paragraph (b) of the definition of "lawful holder or occupier" in section43; or (b) any one or more interested patties who are lawful holders or occupiers referred to in paragraph (b) ofthe defitrition of"lawful holder or occupier" in section 43and(i) a claimant who is the owner of private agricultural land, if the claimant is proposed to be the holder of the dominant tenement in relation to the statutory servitude; (ii) an owner of private agricultural land, if the owner is proposed to be the holder of the servient tenement in relation to the statutory servitude and the owner consents in writing to the designated officer to the proposal for the creation of the statutory servitude being dealt with in accordance with this Part. (2) Where any statutory body is(a) established directly by or under any enactment; and (b) empowered or required by the enactment referred to in paragraph (a) to acquire any servitude; and the statutory body wishes to acquire a servitude in relation to partially alienated State land that is lawfully held or occupied by persons referred to in pamgraph (b) of the definition of "lawful holder or occupier" in section 43, then, subject to subsection (3), where the land is held under(c) a ninety-nine year lease· or a lease with a purchase option, the provisions of the enactment concerned shall apply as if the holder or lessee is the owner of private agricultural land; or (d) an offer letter, a permit or any land settlement lease other than a ninetynine year lease or a lease with a purchase option, this Part shall, despite 227