(a) any person will benefit from the works in his capacity as an owner, occupier or user of
land or that construction of the works has been rendered necessary by the acts or
omissions of any person in his capacity as an owner, occupier or user of land; and
(b) having regard to all the circumstances, it is just and equitable that a person referred to
in paragraph (a) should pay the whole or part of the cost of the works;
the Minister may serve a written notice on the person calling on him to pay the State an amount
specified in the notice, being an amount equal to the whole or part of the cost of the works, as
the case may be.
(2) If, within five years after serving a notice in terms of subsection (1), the Minister is
satisfied that, because of changed circumstances, the person on whom the notice was served has
benefited by the works concerned to a substantially greater or lesser extent than was apparent
when the notice was served, the Minister may serve a further notice on the person increasing or
decreasing, as the case may be, the amount which he is called upon to pay.
(3) If a person on whom a notice has been served in terms of subsection (1) or (2) admits
liability for the amount specified in the notice, or such other amount as he and the Minister may
agree—
(a) the amount so admitted shall be a debt due and payable by that person to the State; and
(b) from the date on which the notice was served until the amount so admitted has been
paid to the State, interest shall be paid on the outstanding amount at the prescribed
rate:
Provided that, where a notice under subsection (2) has called upon the person to pay a lesser
amount than an earlier notice, the amount of the debt shall be reduced accordingly, and the
Minister shall cause the person to be refunded any excess he may have paid the State.
(4) If a person on whom a notice has been served in terms of subsection (1) or (2) does not
admit liability for the amount specified in the notice, the Minister may apply to the
Administrative Court for an order compelling the person to pay the amount to the State, and if
the Administrative Court is satisfied that—
(a) the person benefited from the works concerned in his capacity as an owner, occupier or
user of land or that construction of the works was rendered necessary by the person’s
acts or omissions in his capacity as an owner, occupier or user of land; and
(b) having regard to all the circumstances, it is just and equitable that the person should
pay the whole or part of the cost of the works concerned;
the Administrative Court shall order that person to pay such amount as the Court considers just
and equitable.
113Protection of wetlands
(1) The Minister may declare any wetland to be an ecologically sensitive area and may
impose limitations on development in or around such area.
(2) No person shall, except in accordance with the express written authorisation of the
Agency, given in consultation with the Board and the Minister responsible for water resources
⎯
(a) reclaim or drain any wetland;
(b) disturb any wetland by drilling or tunnelling in a manner that has or is likely to have an
adverse impact on any wetland or adversely affect any animal or plant life therein;
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