Riverbank Act 1997

This Act may be cited as the Riverbank Act 1997.

In this Act—

ASER means Aser Nominees Pty Ltd (ACN 008 024 486) in its own capacity and in its capacity as trustee of the ASER Property Trust;

ASER Property Trust means a trust established by deed dated 15 November 1983 between Thomson Simmons Nominees Pty Ltd as settlor and Calpes Pty Ltd as trustee;

casino site means the part of the Site defined by regulation as the casino site;

common area means the parts of the Site defined by regulation as the common area;

Corporation means the ASER Services Corporation;

equipment includes conduits, cables and pipes;

head lease means a head lease of the Site or part of the Site;

occupier of a subsidiary site means—

if the subsidiary site is not subject to a lease—the owner of the site in fee simple; or

if the subsidiary site is subject to a lease—the lessee or, if there is a head lease and a sublease or series of subleases, the lessee under the head lease;

section of the Site means—

the common area; or

a subsidiary site; or

the casino site;

shared facilities—see section 17;

Site—see section 5;

special resolution means a resolution passed at a general meeting of the Corporation by a number of votes equivalent to at least 75% of the total number of votes exercisable by the members of the Corporation;

stakeholder means an occupier of a subsidiary site;

subsidiary site means a part of the Site defined by regulation as a subsidiary site (but does not include the casino site).

This Act has effect despite the provisions of the Real Property Act 1886.

The Site is the land defined by regulation as the Site.

Except by enlargement under this Division, the Site cannot extend beyond the boundaries of the land comprised in Certificate of Title Register Book Volume 5101 Folio 624 and Volume 5191 Folio 690 (or a Certificate or Certificates of Title issued in substitution for those Certificates or either of them).

The Governor may, by regulation, enlarge the Site by adding the land, to be defined in the regulation, into which the car park located on the northern side of the Site encroaches from the boundaries of the Site.

Land added to the Site under subsection (1) vests in TransAdelaide for an estate in fee simple.

The Site is also enlarged, by force of this subsection, to include the expansion area under section 7 (if or when a declaration is made by the Governor under section 7(1b)).

Subject to subsection (1a), the casino site is the part of the Site defined by regulation as the casino site.

The casino site also includes the expansion area.

The expansion area is an area declared by the Governor, by notice in the Gazette, to constitute the expansion area under this section.

An indication of what is intended to constitute the expansion area is set out in the plan deposited in the General Registry Office at Adelaide and numbered GP 15/2015.

The casino site must include the premises licensed as a casino.

A regulation redefining a common boundary between the casino site and the common area or a subsidiary site may only be made—

in the case of a common boundary between the casino site and the common area—with the agreement of all stakeholders;

in the case of a common boundary between the casino site and a subsidiary site—with the agreement of the stakeholder occupying the site.

The Governor may, by regulation, make consequential variations to any regulation defining any boundary under this Act to take into account the constitution of the expansion area under this section (and any such regulation will have effect in accordance with its terms and without the need to obtain any agreement that would otherwise be required under this Act).

The subsidiary sites and the common area are (subject to this section) the parts of the Site respectively defined by regulation as the subsidiary sites and the common area as at the commencement of this section.

The Corporation may, by notice in the Gazette, redefine the boundaries of a subsidiary site or the common area—but not so as to affect a common boundary with the casino site or to include land outside the Site.

However—

a boundary of the common area may only be altered with the agreement of all of the stakeholders; and

a boundary of a subsidiary site may only be altered with the agreement of the stakeholder occupying the site.

A stakeholder may, with the necessary approvals, develop the stakeholder's subsidiary site.

The necessary approvals are—

any authorisation or approval required under the Development Act 1993; and

if the subsidiary site is occupied under a lease—any authorisation or approval required under the lease; and

if the development will require support from another subsidiary site—the approval of the occupier1 of the other subsidiary site; and

if the development encroaches on the common area—the Corporation's approval.

Note—

1 See definition of occupier in section 3.

Statutory rights of support exist between the relevant sites so far as the support may be necessary for—

buildings and structures existing as at the commencement of this section; and

buildings and structures lawfully erected, or to be erected, after the commencement of this section; and

buildings and structures (whether existing at the commencement of this section or erected later) lawfully modified, or to be modified, after the commencement of this section.

The rights of support exist in favour of the occupiers of a dominant site and are enforceable against the owner and occupiers of a servient site.

The Supreme Court may make orders (including an order in the nature of a mandatory injunction) for the enforcement of rights under this section.

For example, the occupier of a servient site may be required to permit the construction or installation on the site of appropriate foundations or structural supports to enable the construction or reinstatement of a building or structure on a dominant site.

The Supreme Court may make an order under this section—

on application by the occupier of a dominant site; or

on application by the Corporation in its own right as the occupier of the common area or on behalf of the occupier of a subsidiary site.

In this section—

dominant site means a relevant site for the benefit of which rights of support exist under this section;

occupier of a relevant site means—

for the common area—the Corporation;

for a subsidiary site—the stakeholder or a person who derives rights of occupation from the stakeholder under a sub-lease or a series of subleases;

relevant site means—

a subsidiary site (including all buildings and structures on the subsidiary site); or

the common area (including all buildings and structures on the common area);

servient site means a relevant site from which support is required for an existing or proposed building or structure.

The regulations may—

authorise the severance of a head lease covering two or more sections of the Site into separate leases for each section of the Site covered by the head lease; and

provide for the apportionment of the rent payable under the head lease between the separate leases on a fair and reasonable basis agreed between TransAdelaide and ASER or, if they fail to agree, on a fair and reasonable basis determined by the Treasurer; and

provide that the terms and conditions of the head lease (including those conferring rights and powers) are to be reflected in the leases formed by the severance subject to fair and reasonable variations agreed between TransAdelaide and the head lessee or, if they fail to agree, on a fair and reasonable basis determined by the Treasurer.

A body corporate to be known as the ASER Services Corporation is established.

The Corporation has the powers of a natural person of full age and capacity so far as those powers are capable of being exercised by a body corporate.