National Water Act, 1998 (Act No. 36 of 1998)Chapter 13 : Access to and Rights Over LandPart 3 : Waterworks and personal servitudes135. Ownership of waterworks on land belonging to another |
| (1) | A water management institution (including the State)— |
| (a) | retains ownership of a waterwork placed in good faith on land belonging to another; |
| (b) | may remove such a waterwork from the land; and |
| (c) | may transfer the rights held in respect of improvement on such land to another person or authority. |
| (2) | When a waterwork is removed under subsection (1)(b), the owner of the property— |
| (a) | may require the Minister or the water management institution concerned to restore, as far as possible, any physical damage to the land caused by the removal; and |
| (b) | has no other claim against the Minister or the water management institution concerned. |
| (3) | The rights of the State or a water management institution in respect of improvements on property not owned by the State or the institution may be transferred to another person or authority. |