No. 12/2017 LAND CoMMISSioN Cap. 20:29 anything cont:'lined in the enactment concerned, apply as if the statutory body is a claimant. (3) If the enactment referred to in subsection (2) provides for the compulsory acquisition by the statutory body of the servitude in question, then, to the extent that tllis Part applies to the acquisition of that servitude in terms of subsection (2)(d), neither the designated officer nor the Commission shall entertain any dispute or question conceming the creation of the servitude, other than disputes or questions involving(a) the extent of the loss or deprivation of rights (if any) likely to result from the creation of the servitude; and (b) if the extent of such loss or deprivation is established, the amount of compensation payable therefor by the statutory body. (4) Where, in relation to private agricultural land, the Minister is satisfied, after affording the owner thereof a reasonable opp01tunity to make representations in the matter, that it is necessary(a) in the interests of defence, public safety, public order, public morality, public health or town and country planning; or (b) for a purpose beneficial to the community; to create a statutory servitude in favour of any one or more interested parties who are la\\ful holders or occupiers referred to in paragraph (b) of the definition of "lawful holder or occupier" in section 43, the Minister may, if negotiations with the owner concemed do not result in an agreement to create the statutory servitude in question, apply the provisions of the Land Acquisition Act [Chapter 20: 10] for the purpose of acquiring such right or interest in the private agricultural land concemed as may be required for the creation of the servitude. 45 Powers of designated officers in regard to creation, variation and cancellation of statutory servitudes ( 1) Subject to tins Patt, a designated officer (on notice to the Secretary, and subject to any written directions of the Secretary) may(a) on lns or her own initiative; or (b) at the written request of any claimant or person wishing to have a statutory servitude created, cancelled or varied; or (c) at the written request of two or more interested parties who are holders of the dominant and servient tenements involved in the creation or variation of the statutory servitude and have agreed to the creation or variation of the statutory servitude (hereinafter in tins Part referred to as a "negotiated statut01y servitude"); or (d) at the written request of two or more interested parties wislling to cancel an existing statutoty servitude who are holders of the dominant and servient tenements of that servitude; exercise llis or her power to create, vary or cancel any statutory servitude in relation to any portion of State land or Gazetted land that is lawfully occupied by two or more holders of offers letters, ninety-nine year leases, leases with a purchase option, pem1its, other leases issued by the State, or any combination of the foregoing. (2) Subject to subsection (3) a designated officer shall not exercise llis or her power in terms of subsection (1) to create, vary or cancel a statutory servitude(a) except for the purpose of preserving, confirming, restoring or adjusting any pre-existing servitude in relation to the land refened to in that subsection 228