National Water Act, 1998 (Act No. 36 of 1998)Chapter 6 : General Powers and Duties of Minister and Director-GeneralPart 1 : Delegations, directives, expropriation, condonation and additional powers65. Expropriation for rehabilitation and other remedial work |
| (1) | If a person who is required under this Act to undertake rehabilitation or other remedial work on the land of another, reasonably requires access to that land in order to effect the rehabilitation or remedial work, but is unable to acquire access on reasonable terms, the Minister may— |
| (a) | expropriate the necessary rights in respect of that land for the benefit of the person undertaking the rehabilitation or remedial work, who will then be vested with the expropriated rights; and |
| (b) | recover all costs incurred in connection with the expropriation, including any compensation payable, from the person for whose benefit the expropriation was effected. |
| (2) | Where a servitude of abutment, aqueduct or submersion is expropriated under this section, the Minister or water management institution responsible for the expropriation has the same rights as those vesting in the holder of a servitude under section 128. |