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" means(a) a borehole, canal, chmmel, embankment, filter, filterbed, pipeline, pumping plant, purification plm1t, plant for the genemtion of hydroelectric power, water stomge works or well; or (b) any accessory, apparatus, appliance, fitting, machinery or other thing constructed, erected or used for or in cormection with the abstraction, control, diversion, drainage, filtmtion, passage, purification, storage, supply or use of water, including effluent or waste -vvater, 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 eftluent or waste water; or (d) any gauge post, measuring weir or other appliance erected or used for undertakings 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 parties who are all lawful holders or occupiers reterred to in paragraph (b) of the definition of "lawful holder or occupier" in section 43; or (b) any one or more interested parties who are lawful holders or occupiers referred to in paragraph (b) of the definition 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 paragraph (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 pemrit or any land settlement lease other than a ninetynine year lease or a lease with a purchase option, this Part shall, despite 227