National Water Act, 1998 (Act No. 36 of 1998)Chapter 13 : Access to and Rights Over LandPart 2 : Servitudes131. Compensation payable for granting of servitudes |
| (1) | In determining just and equitable compensation a High Court must take into account all relevant factors including, in addition to the matters contemplated in section 25 of the Constitution— |
| (a) | the nature of the servitude or amendment, including the nature and function of the waterwork relating to the servitude or amendment; |
| (b) | whether any existing waterwork will be used to give effect to the servitude; |
| (c) | the probable duration of the servitude; |
| (d) | the extent of the deprivation of use of the land likely to be suffered as a result of the servitude or amendment; |
| (e) | the rental value of the land affected by the servitude or amendment; |
| (f) | the nature and extent of the actual inconvenience or loss likely to be suffered as a result of the exercise of the rights under the servitude or amendment; |
| (g) | the extent to which the land can reasonably be rehabilitated on termination of the servitude; |
| (h) | any advantage that the landowner, or other person with a compensatable interest in the land subject to the servitude, is likely to derive as a result of the servitude or amendment; and |
| (i) | the public interest served by the waterwork relating to the servitude or amendment. |
| (2) | A High Court may determine the time and manner of payment of the compensation. |