Act 16
Water
rights.
Statute No.
9ofl995.
Land Act
1998
71. (I) Subject to section 45 of this Act, all rights in the
water c.>f any natural spring, river, stream, water-course, pond, or
lake on or under land, whether alienated or unalienated, shall be
reserved to the Government and no such water shall be
obstructed, dammed, diverted, polluted or otherwise interfered
with, directly or indirectly except in pursuance of permission in
writing granted by the lVlinister responsible for water or natural
resources in accordance with the Water Statute, 1995.
(2) Nothing in this section shall prevent the reasonable
use by an occupier of land of any waters referred to in subsection
( 1) for domestic, small-scale agricultural, or pastoral purposes.
Rights of
way.
72. ( 1) All land, wheth'er alienated or unalienated, shall be
subject to all existing public rights of way which shall be
reserved to and vested in the Government on behalf of the
public; and all such rights of way shall be maintained by the
public uninterrupted unless they are terminated or altered by the
direction of the Minister in writing.
Act No. 2
of 1969.
(2) The Access to Roads Act is amended by
substituting "Land Tribunal" for the word "Magistrate"
wherever it occurs.
Rights of
-officials to
73. ( 1) Where any offiCer of the Government necessarily
and unavoidably in order to carry out his or her duties needs to
enter on to private land, he or she may, enter giving not less than
three days notice of the proposed entry to the owner or occupier
of the land.
encamp.
(2) A person who exercises the right conferred upon
him or her by subsection ( 1) of this section shall, if so required
by the occupier of the land in respect of which the right is
exercised, establish his or her encampment in such suitable place
as the occupier may select.
(3) The Government ·shall pay promotlv-
66
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