Riverbank Act 1997

The Minister may, for any purpose associated with a designated project, by instrument in a form determined to be appropriate by the Minister, create or grant 1 or more of the following rights or interests in relation to any part of the designated area (on terms or conditions determined by the Minister):

a right of support;

a right to the provision of services (including water, sewerage, electricity, gas or telecommunications services);

a right of way;

a right relating to the use of a road or loading or unloading bay, or to the parking or movement of vehicles;

a right to the use of stairs, passages or other similar places;

a right of access or egress;

a right or interest prescribed by the regulations for the purposes of this clause;

a right or interest that is ancillary or related to a right or interest referred to in a preceding paragraph.

To avoid doubt, a right under subclause (1) may include a right in the nature of an easement or any other right that relates to land.

The Minister may—

as part of an instrument under subclause (1); or

by separate instrument, permanently modify a right or interest of a kind referred to in clause 2(1).

Without limiting subclause (3) (or clause 2(8)), in the case of an inconsistency between a right or interest created or granted under subclause (1) and any other right or interest that exists in, or in relation to, any part of the designated area, the right or interest created or granted under subclause (1) prevails to the extent of the inconsistency.

The Minister must take reasonable steps to ensure, in creating a right or interest under this clause, that the Minister does not adversely affect to a material degree the viability of any business conducted on the designated area by a person lawfully occupying any part of the designated area at the time that the Minister takes action under this clause.

No right to compensation or other right of action against the Minister arises on account of any action taken by the Minister under this clause.

The Registrar-General must, on the application of the Minister or another person acting under the authority of the Minister, register or note any instrument (or any right or interest) under this clause on any relevant certificate of title, or against any land, that relates to, or forms part of, the designated area (without the need to obtain any consent or approval).