No. 12/2017 LAND COMMISSION Cap. 20:29 temporary and, in the case of a variation of an existing statutory servitude, the nature and extent of the variation; and (b) state whether the proposal to create, vary or cancel the statutory servitude is being made at the designated otlicer's own initiative, or at the request of any claimant or interested party (in which event each claimant or interested party concemed shall be named in the notice); and (c) inviting any interested party(i) to state whether he or she agrees to the creation, vanatwn or cancellation of the statutory servitude conditionally or unconditionally and, if conditionally, to specify the conditions under which he or she may agree to its creation, variation or cancellation; and (ii) if he or she wishes to seek compensation in respect of any loss or deprivation of rights likely to result from the creation, variation or cancellation of the statutory servitude, to submit to the designated officer, within a period of sixty days from the date of service of the notice or such longer period as the designated officer may for good and sufficient reason allow, a statement in writing specifying in detail the nature of the loss or deprivation of rights likely to be caused to the interested patty as a result of the creation, variation or cancellation of the statutory servitude. (2) Where a designated officer seeks to create or vary a statutory servitude to give effect to a negotiated statutory servitude, he or she shall, after an investigation, if any, referred to in section 45(3)(c), proceed in terms of subsection (6). (3) Where compensation in respect of any loss or deprivation of rights likely to result from the creation, variation or cancellation of a statutory servitude is sought by an interested party in terms of this section and the proposal to create, vary or cancel a statutory servitude was made(a) on the initiative of the designated officer, the compensation shall be payable by the Ministry alone or, where the statutory servitude is to be created in favour of any interested party ("the beneficiary"), in the shares agreed by the .tvlinistry and the beneficiary concerned; or (b) at the request of any claimant or interested party, the compensation shall be payable by the claimant or interested patty, and the designated officer shall transmit a copy of any statement refened to in subsection (l)(c)(ii) to the claimant or interested party. (4) If an interested party notifies the designated officer that he or she agrees to the creation, variation or cancellation of the statutory servitude conditionally upon compensation being paid in respect of any loss or deprivation of lights likely to result from its creation, variation or cancellation, the designated officer shall endeavour within sixty days of the service of the notice under subsection ( l)(a) to establish the extent of the loss or deptivation of rights (if any) likely to result from the creation, variation or cancellation of the statutory servitude; and (b) if the extent of such loss or deprivation is established, to conclude an agreement on the amount of compensation payable therefor by the Ministry, the claimant or interested party, or the Ministry and beneficiary jointly, as the case may be. 230