he may set aside State land or acquire other land for the improvement or proper management of
the environment.
(3) In the absence of agreement between the President and the owner of the land, the
President may compulsorily acquire land for the purposes of subsection (2), and in that event the
Land Acquisition Act [Chapter 20:10] shall apply, mutatis mutandis, in relation to the
acquisition.
110President may set aside areas of Communal Land for environmental
purposes
(1) The President may set aside any area of Communal Land for the conservation or
improvement of natural resources or for the protection of irrigation works or sources of water
supplies:
Provided that no such area shall be set aside until the Minister responsible for the
administration of the Communal Land Act [Chapter 20:04] is satisfied that suitable provision
has been made elsewhere for the inhabitants who will be affected by the setting aside of the
area.
(2) In the event of any conflict between regulations made in terms of section one hundred
and forty in respect of any area set aside under subsection (1) and any by-laws or regulations
that are applicable to the area in terms of the Communal Land Act [Chapter 20:04] or the Rural
District Councils Act [Chapter 29:13], the regulations made under this Act shall prevail.
111Minister may construct works
(1) Notwithstanding any other law, the Minister may cause works to be constructed for the
protection or management of the environment, if—
(a) he considers the works to be necessary or desirable in the public interest; and
(b) the authority or person responsible for the land has failed or refused to construct the
works.
(2) Without limiting the generality of subsection (1), the Minister may in terms of that
subsection cause works to be constructed for any of the following purposes—
(a) the preservation or protection of the bed, banks or course of a public stream or any
source of water; and
(b) the disposal or control of storm-water; and
(c) the mitigation or prevention of soil erosion; and
(d) the conservation of water; and
(e) waste disposal and management; and
(f) the control of water tables and the disposal of irrigation drainage water.
(3) Before causing the construction of works in terms of subsection (1) that are likely to
have a direct and material effect on the operations or finances of a local authority, the Minister
shall consult that authority.
(4) The cost of constructing works in terms of subsection (1) shall, in the first instance, be
paid from moneys appropriated for the purpose by Act of Parliament.
112Apportionment of costs of works constructed in terms of section 111
(1) If, in regard to works constructed in terms of section one hundred and eleven, the
Minister considers that—
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