No. 12/2017 LAND COMMISSION Cap. 20:29 (3) Whenever any diagram showing the land affected by, and the situation thereon of, the proposed statutory servitude is sought to be adduced or received in evidence at the hearing of a dispute in connection with the creation, variation or cancellation of a statutory servitude, the diagram shall not be admissible in evidence before the Commission unless it has been prepared in accordance with the Land Survey Act [Chapter 20:12]. (4) Compensation awarded by the Commission in tenns of subsection (2) shall not exceed an amount representing compensation for any expense or loss which may reasonably be incurred or suffered directly as a result of the creation, vadation or cancellation of the statutoty servitude. 49 Rights of lawful holders or occupiers subject to statutory or other servitudes of passage, rights or way, storage, etc. (1) A lawful holder or occupier of land who constructs water works for the passage of water, which water works(a) prevent any owner of land from passing freely over or on to his or her land or from exercising his or her rights under a statutory servitude or other servitude of right of way or of passage; or (b) obstmct the free circulation of water in the drainage or irrigation of any land or interfere with any mining operations thereon; shall construct, maintain and repair(i) such bridges and other works as will make it convenient and safe to pass over or on to the land referred to in paragraph (a); or (ii) such aqueducts, culverts and other works as are necessmy to secure the free circulation of water referred to in paragraph (b) or prevent interference with the mining referred to in that paragraph; unless he or she is exempted from the duty to do so by agreement or otherwise. (2) In exercising a statutory servitude or other servitude of passage across a road, the holder of the servitude of passage shall, after having obtained the consent of the road authority concemed, constmct, maintain and repair such works as will prevent inconvenience or danger to members of the public using the road, in accordance with the instmctions of the Secretary. (3) Subject to any statutory servitude protocol or other agreement or award by which the servitude concerned was acquired, a statutory servitude or other servitude of storage shall not depdve the lawful holder or occupier of the land subject to the servitude of the use of any pmt of the land, whether submerged or unsubmerged: Provided that such usc is not detrimental to the enjoyment of the servitude of storage. (4) The holder of a statutory servitude or other servitude of storage slmll, before commencing the construction of the water storage works concerned, notify the lawful holder or occupier of the land subject to the servitude of storage in wdting of(a) his or her intention to constmct the water storage works; and (b) the provisions of subsection (5). (5) The lawful holder or occupier of land subject to a statutory servitude or other servitude of storage may, before the construction of the water storage works concemed is commenced and on234