{"id":"riverbank-act-1997","name":"Riverbank Act 1997","slug":"riverbank-act-1997","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106646,"registerId":"sa-riverbank-act-1997-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Riverbank Act 1997","content":"South Australia\nRiverbank Act 1997\nAn Act to provide for restructuring the ASER property holdings and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tAct to apply notwithstanding the Real Property Act 1886\nPart 2—The Site and its constituent parts\nDivision 1—The Site\n5\tThe Site\n6\tEnlargement of Site\nDivision 2—Casino site, the subsidiary sites and the common area\n7\tThe casino site\n7A\tThe subsidiary sites and the common area\nDivision 3—Development by stakeholders\n7B\tDevelopment of subsidiary sites\nDivision 4—Statutory rights of support\n7C\tStatutory rights of support\nPart 3—Severance of lease\n8\tSeverance of head lease\nPart 4—The Corporation and its functions\nDivision 1—The Corporation\n9\tEstablishment of the Corporation\n10\tGeneral legal capacity of the Corporation\n11\tThe Corporation's operations, management and procedures\n12\tMembership of Corporation\n13\tMeetings of the members\nDivision 2—Insurance\n14\tInsurance\nDivision 3—The common area\n15\tCommon area\n16\tCorporation's obligation to maintain common area\nDivision 4—The shared facilities and basic services\n17\tThe shared facilities and basic services\n18\tCorporation's obligation to provide basic services\n19\tProperty in shared facility\n20\tCorporation's obligation to provide and maintain shared facilities\nDivision 4A—Other functions\n20B\tAdjacent facilities\nDivision 5—Compulsory contributions\n21\tBudget of income and expenditure\n22\tCompulsory contributions\nDivision 6—Accounts and audit\n23\tAccounts\n24\tAudit\nDivision 7—Enforcement of Corporation's obligations\n25\tAppointment of administrator\nPart 5—Miscellaneous\n26\tSubstitution of head lease\n27\tWinding up of the Corporation\n28\tExemption from stamp duty\n29\tEffect of things done under Act\n30\tInteraction between this Act and other Acts\n31\tRegulations and proclamations\nSchedule 1—Special provisions to facilitate development\n1\tInterpretation\n2\tSuspension of existing rights and interests\n3\tAuthorisation to undertake works and occupy land\n4\tCreation of new rights and interests\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Riverbank Act 1997.\n3—Interpretation\nIn this Act—\nASER means Aser Nominees Pty Ltd (ACN 008 024 486) in its own capacity and in its capacity as trustee of the ASER Property Trust;\nASER 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;\ncasino site means the part of the Site defined by regulation as the casino site;\ncommon area means the parts of the Site defined by regulation as the common area;\nCorporation means the ASER Services Corporation;\nequipment includes conduits, cables and pipes;\nhead lease means a head lease of the Site or part of the Site;\noccupier of a subsidiary site means—\n\t(a)\tif the subsidiary site is not subject to a lease—the owner of the site in fee simple; or\n\t(b)\tif 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;\nsection of the Site means—\n\t(a)\tthe common area; or\n\t(b)\ta subsidiary site; or\n\t(c)\tthe casino site;\nshared facilities—see section 17;\nSite—see section 5;\nspecial 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;\nstakeholder means an occupier of a subsidiary site;\nsubsidiary site means a part of the Site defined by regulation as a subsidiary site (but does not include the casino site).\n4—Act to apply notwithstanding the Real Property Act 1886\nThis Act has effect despite the provisions of the Real Property Act 1886.\nPart 2—The Site and its constituent parts\nDivision 1—The Site\n5—The Site\n\t(1)\tThe Site is the land defined by regulation as the Site.\n\t(2)\tExcept 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).\n6—Enlargement of Site\n\t(1)\tThe 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.\n\t(2)\tLand added to the Site under subsection (1) vests in TransAdelaide for an estate in fee simple.\n\t(3)\tThe 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)).\nDivision 2—Casino site, the subsidiary sites and the common area\n7—The casino site\n\t(1)\tSubject to subsection (1a), the casino site is the part of the Site defined by regulation as the casino site.\n\t(1a)\tThe casino site also includes the expansion area.\n\t(1b)\tThe expansion area is an area declared by the Governor, by notice in the Gazette, to constitute the expansion area under this section.\n\t(1c)\tAn 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.\n\t(2)\tThe casino site must include the premises licensed as a casino.\n\t(3)\tA regulation redefining a common boundary between the casino site and the common area or a subsidiary site may only be made—\n\t(a)\tin the case of a common boundary between the casino site and the common area—with the agreement of all stakeholders;\n\t(b)\tin the case of a common boundary between the casino site and a subsidiary site—with the agreement of the stakeholder occupying the site.\n\t(4)\tThe 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).\n7A—The subsidiary sites and the common area\n\t(1)\tThe 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.\n\t(2)\tThe 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.\n\t(3)\tHowever—\n\t(a)\ta boundary of the common area may only be altered with the agreement of all of the stakeholders; and\n\t(b)\ta boundary of a subsidiary site may only be altered with the agreement of the stakeholder occupying the site.\nDivision 3—Development by stakeholders\n7B—Development of subsidiary sites\n\t(1)\tA stakeholder may, with the necessary approvals, develop the stakeholder's subsidiary site.\n\t(2)\tThe necessary approvals are—\n\t(a)\tany authorisation or approval required under the Development Act 1993; and\n\t(b)\tif the subsidiary site is occupied under a lease—any authorisation or approval required under the lease; and\n\t(c)\tif the development will require support from another subsidiary site—the approval of the occupier1 of the other subsidiary site; and\n\t(d)\tif the development encroaches on the common area—the Corporation's approval.\nNote—\n1\tSee definition of occupier in section 3.\nDivision 4—Statutory rights of support\n7C—Statutory rights of support\n\t(1)\tStatutory rights of support exist between the relevant sites so far as the support may be necessary for—\n\t(a)\tbuildings and structures existing as at the commencement of this section; and\n\t(b)\tbuildings and structures lawfully erected, or to be erected, after the commencement of this section; and\n\t(c)\tbuildings 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.\n\t(2)\tThe 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.\n\t(3)\tThe Supreme Court may make orders (including an order in the nature of a mandatory injunction) for the enforcement of rights under this section.\n\t(4)\tFor 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.\n\t(5)\tThe Supreme Court may make an order under this section—\n\t(a)\ton application by the occupier of a dominant site; or\n\t(b)\ton 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.\n\t(6)\tIn this section—\ndominant site means a relevant site for the benefit of which rights of support exist under this section;\noccupier of a relevant site means—\n\t(a)\tfor the common area—the Corporation;\n\t(b)\tfor 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;\nrelevant site means—\n\t(a)\ta subsidiary site (including all buildings and structures on the subsidiary site); or\n\t(b)\tthe common area (including all buildings and structures on the common area);\nservient site means a relevant site from which support is required for an existing or proposed building or structure.\nPart 3—Severance of lease\n8—Severance of head lease\nThe regulations may—\n\t(a)\tauthorise 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\n\t(b)\tprovide 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\n\t(c)\tprovide 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.\nPart 4—The Corporation and its functions\nDivision 1—The Corporation\n9—Establishment of the Corporation\nA body corporate to be known as the ASER Services Corporation is established.\n10—General legal capacity of the Corporation\nThe 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.\n11—The Corporation's operations, management and procedures\n\t(1)\tRegulations may be made governing—\n\t(a)\tthe Corporation's operations; and\n\t(b)\tthe management of its activities; and\n\t(c)\tthe internal procedures of the Corporation.\n\t(2)\tIn the absence of a regulation governing a particular matter, the Corporation will itself determine how a particular matter is to be dealt with.\n12—Membership of Corporation\n\t(1)\tEach stakeholder is a member of the Corporation.\n\t(2)\tA stakeholder has the voting rights at a meeting of the members of the Corporation fixed by regulation.\n\t(3)\tThe voting rights attach to the stakeholder so that—\n\t(a)\tif there is a change in the identity of the stakeholder, the voting rights automatically attach to the new stakeholder without transfer; and\n\t(b)\tthe voting rights cannot be alienated in any other way.\n13—Meetings of the members\n\t(1)\tA member of the Corporation may attend a meeting of the Corporation personally or by proxy.\n\t(2)\tA quorum at a meeting of the Corporation is to be constituted as required under the regulations and no business may be transacted at a meeting unless a quorum is present.\n\t(3)\tA decision carried by a majority of the votes cast by the members present personally or by proxy at a meeting of the Corporation is a decision of the Corporation.\nDivision 2—Insurance\n14—Insurance\n\t(1)\tThe Corporation must keep itself insured to an extent fixed by the regulations against liabilities of specified classes.\n\t(1a)\tThe Corporation may, at the request and on behalf of a stakeholder or stakeholders generally, insure the stakeholder or stakeholders against—\n\t(a)\tpublic liability;\n\t(b)\tdamage to, or destruction of, buildings, structures, plant, equipment or other facilities;\n\t(c)\tany other insurable risk.\n\t(2)\tIf the Corporation incurs a liability against which it is required to be insured under the regulations, the Corporation's liability is limited to the amount for which the Corporation was (or ought to have been) insured in respect of liabilities of the relevant class.\nDivision 3—The common area\n15—Common area\n\t(1)\tThe common area is to be under the custody and control of the Corporation.\n\t(2)\tThe Corporation must exercise its custody and control for the benefit of the stakeholders and the public.\n\t(3)\tDespite subsection (2)—\n\t(a)\tthe Corporation must recognise and allow a stakeholder to exercise any rights in respect of the common area or the shared facilities that are appurtenant to a lease of a subsidiary site; and\n\t(b)\tthe Corporation may prevent or restrict public access to a part of the common area or to machinery, plant or equipment in the common area if authorised to do so by the Minister; and\n\t(c)\tthe Corporation may grant rights of exclusive occupation over parts of the common area if—\n\t(i)\tthe Corporation is satisfied that to do so would enhance the use or enjoyment of the common area; and\n\t(ii)\tthe grant is authorised by special resolution.\n\t(4)\tThe term for which the Corporation grants rights of exclusive occupation over a part of the common area is not to exceed three years.\n16—Corporation's obligation to maintain common area\nThe Corporation must—\n\t(a)\tmaintain the common area in good condition; and\n\t(b)\tkeep the common area well lit; and\n\t(c)\tmake reasonable provision for the safety of persons and property in the common area.\nDivision 4—The shared facilities and basic services\n17—The shared facilities and basic services\n\t(1)\tThe shared facilities are—\n\t(a)\tthe facilities identified in the regulations as in force at the commencement of this subsection as the shared facilities; or\n\t(b)\tif the Corporation has published a Schedule of shared facilities under subsection (2)—the facilities described as shared facilities in the Schedule last published under that subsection.\n\t(2)\tThe Corporation may, with unanimous agreement of the stakeholders, publish in the Gazette a Schedule identifying facilities that are to be provided by the Corporation for the benefit of stakeholders generally, or one or more stakeholders, as shared facilities.\n\t(2a)\tA Schedule published under subsection (2) supersedes an earlier regulation or Schedule identifying shared facilities.\n\t(3)\tA basic service is—\n\t(a)\tthe provision of electric power (including emergency electric power);\n\t(b)\ta fire protection service;\n\t(c)\tthe provision of chilled water for use in air conditioning;\n\t(d)\twaste water disposal;\n\t(e)\tany other service that is to be provided by the Corporation for the benefit of stakeholders by unanimous agreement of the stakeholders.\n18—Corporation's obligation to provide basic services\nThe Corporation must, at the request of a stakeholder, provide basic services on reasonable terms and conditions.\n19—Property in shared facility\n\t(1)\tThe shared facilities are chattels and are capable of being acquired, owned, dealt with and disposed of as such.\n\t(2)\tA shared facility does not merge with the realty or a leasehold estate whatever the degree of annexation may be.\n\t(3)\tThe property in all shared facilities is vested in the Corporation.\n20—Corporation's obligation to provide and maintain shared facilities\n\t(1)\tThe Corporation must provide and maintain the shared facilities for the benefit of all stakeholders.\n\t(2)\tThe Corporation may by means of agents or contractors—\n\t(a)\tenter a subsidiary site at any reasonable time (with any necessary vehicles and equipment) for the purpose of carrying out operational or maintenance work; and\n\t(b)\tcarry out operational or maintenance work.\n\t(3)\tOperational or maintenance work is work (which may consist of or include excavation, cutting into a building or structure or the partial demolition of a building or structure) reasonably necessary for—\n\t(a)\tthe proper operation of the shared facilities; or\n\t(b)\tthe maintenance, renewal, repair, replacement or removal of shared facilities.\n\t(4)\tIn carrying out operational or maintenance work, the Corporation must attempt to keep disturbance to stakeholders to a minimum.\n\t(5)\tA person must not obstruct operational or maintenance work under this section.\nMaximum penalty: $2 500.\nDivision 4A—Other functions\n20B—Adjacent facilities\nThe Corporation may maintain and operate facilities, and make provision for the safety of persons and property, in areas adjacent to the Site associated with the use and enjoyment of the Site if authorised to do so by unanimous agreement of the stakeholders.\nDivision 5—Compulsory contributions\n21—Budget of income and expenditure\n\t(1)\tThe Corporation must prepare a budget of income and expenditure for each financial year in respect of its activities.\n\t(2)\tThe Corporation may prepare one or more supplementary budgets of income and expenditure for a particular financial year in respect of its activities.\n\t(3)\tThe budget must fix the amount that is to be raised by compulsory contributions (the budgeted income from compulsory contributions) for the relevant financial year and a supplementary budget may increase or decrease that amount.\n22—Compulsory contributions\n\t(1)\tThe budgeted income from compulsory contributions for each financial year (as fixed in the budget or a supplementary budget for the relevant financial year) is to be raised by levying contributions from stakeholders on the relevant basis.\n\t(2)\tThe relevant basis of contribution is—\n\t(a)\tin the first instance—the basis of contribution fixed by the regulations; or\n\t(b)\tif the Corporation by unanimous vote of its members decides to change the basis of contribution—the basis of contribution last fixed by the Corporation.\n\t(3)\tThe relevant basis of contribution—\n\t(a)\tmay provide for contributions based in whole or part on the extent of usage of the services provided by the Corporation by means of the shared facilities; and\n\t(b)\tmay provide for separate contributions in relation to different aspects of the Corporation's responsibilities; and\n\t(c)\tmay provide for the payment of interest (which may be at a punitive rate) for non-payment or late payment of a contribution.\n\t(3a)\tIf a particular service is provided at the request of, and on behalf of, a stakeholder, a separate contribution may be levied against the stakeholder for the provision of that service.\n\t(4)\tThe Corporation may recover contributions (including interest) as a debt due from the relevant stakeholder.\n\t(5)\tIf a contribution due from a stakeholder is in arrears, the Corporation may, while the contribution remains in arrears, discontinue the provision of a service to the stakeholder.\nException—\nThe Corporation may not discontinue the provision of a service under this subsection if the discontinuance would create or increase risk of physical damage to property.\nDivision 6—Accounts and audit\n23—Accounts\n\t(1)\tThe Corporation must keep proper accounts of its financial affairs.\n\t(2)\tThe Corporation must comply with the requirements and standards applicable to a public company under the Corporations Act 2001 of the Commonwealth in relation to the keeping of its accounts.\n24—Audit\n\t(1)\tThe Corporation must, within 6 months after the end of each financial year, have its accounts audited by a registered company auditor.\n\t(2)\tThe audited accounts of the Corporation must be laid before the next meeting of members of the Corporation.\nDivision 7—Enforcement of Corporation's obligations\n25—Appointment of administrator\n\t(1)\tIf the Corporation fails to perform obligations or carry out responsibilities under this Act, a stakeholder may apply to the Supreme Court for the appointment of an administrator under this section.\n\t(2)\tIf satisfied that the appointment of an administrator is justified, the Supreme Court may appoint an administrator—\n\t(a)\tat a remuneration fixed by the Court; and\n\t(b)\ton other terms and conditions fixed by the Court.\n\t(3)\tAn administrator appointed under this section—\n\t(a)\tis entitled to possession and control of the property of the Corporation and property in the Corporation's custody or control; and\n\t(b)\tmay exercise the powers and carry out the duties of the Corporation under this or any other Act to the extent authorised by the Supreme Court.\n\t(4)\tWhile an appointment remains in force under this section, the powers and functions vested in the administrator under the terms of the appointment are exercisable only by the administrator.\n\t(5)\tAn administrator may resign with the permission of the Supreme Court, and may be removed from office by the Supreme Court on its own initiative or on application by a stakeholder.\n\t(6)\tThe costs of the administration, including the administrator's remuneration, are to be paid out of the funds of the Corporation.\nPart 5—Miscellaneous\n26—Substitution of head lease\n\t(1)\tA new head lease may be substituted for the present head lease over any subsidiary site without surrender or termination of any underlease.\n\t(2)\tOn substitution of the new head lease, the underleases automatically attach to the new head lease.\n\t(3)\tAn underlease includes any agreement conferring rights of possession or occupancy that derive from the head lease.\n27—Winding up of the Corporation\n\t(1)\tThe Corporation may be wound up in the same way as a company incorporated under Part 2A.2 of the Corporations Act 2001 of the Commonwealth.\n\t(1a)\tFor the purposes of subsection (1), the matter of the winding up of the Corporation is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to Parts 5.5 and 5.6 of the Corporations Act 2001 of the Commonwealth as if the Corporation were a company, subject to the operation of subsection (2).\n\t(2)\tOn the winding up of the Corporation—\n\t(a)\tthe common area vests in the Crown for an estate of fee simple; and\n\t(b)\tthe Crown must recognise and allow a stakeholder to exercise any rights in respect of the common area or the shared facilities that are appurtenant to a lease of a subsidiary site; and\n\t(c)\tthe Crown is not subject to any other obligation imposed on the Corporation under this Act.\n28—Exemption from stamp duty\nStamp duty is not payable on any of the following instruments if lodged for stamping within 1 year after the commencement of this Act:\n\t(a)\tan instrument under which ASER surrenders a lease of the Site or part of the Site that it holds from TransAdelaide;\n\t(b)\ta lease of the Site or part of the Site granted by TransAdelaide to ASER;\n\t(c)\tan instrument under which ASER Investments Pty Ltd surrenders an underlease of part of the Site to ASER;\n\t(d)\tan instrument under which AITCO Pty Ltd surrenders a licence conferring rights of occupation over part of the Site that it holds from ASER Investments Pty Ltd;\n\t(e)\tan instrument under which ASER Investments Pty Ltd surrenders a licence conferring rights of occupation over part of the Site that it holds from ASER.\n29—Effect of things done under Act\nNothing done under this Act—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law; or\n\t(b)\tconstitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(c)\tconstitutes a civil or criminal wrong.\n30—Interaction between this Act and other Acts\n\t(1)\tThe Treasurer may, by instrument in writing made within 1 year after the commencement of this Act, exempt the creation of an interest in or a dealing with the Site under this Act from—\n\t(a)\tthe Land and Business (Sale and Conveyancing) Act 1994; or\n\t(b)\tthe Retail Shop Leases Act 1995; or\n\t(c)\tPart 4 of the Development Act 1993.\n\t(2)\tIf the creation of an interest in or a dealing with the Site is exempt from Part 4 of the Development Act 1993, an application under section 223LD of the Real Property Act 1886 for the division of land in consequence of the creation of the interest or the dealing need not be accompanied by a certificate under Part 4 of the Development Act 1994.\n31—Regulations and proclamations\n\t(1)\tThe Governor may make regulations for the purposes of this Act.\n\t(2)\tA regulation may impose a penalty not exceeding $2 500 for contravention of or non-compliance with the regulation.\n\t(3)\tThe Governor may make proclamations for the purposes of this Act.\nSchedule 1—Special provisions to facilitate development\n1—Interpretation\n\t(1)\tIn this Schedule—\ndesignated area means—\n\t(a)\tthe whole of the Site; and\n\t(b)\tthose areas adjacent to the Site marked as Adjacent Area A and Adjacent Area B in the plans deposited in the General Registry Office at Adelaide and numbered GP 14/2015;\ndesignated project—see subclause (2).\n\t(2)\tFor the purposes of this Schedule, a designated project is any project, scheme, undertaking or works (to be undertaken within any part of the designated area) declared by the Governor, by notice in the Gazette, to constitute a designated project.\n\t(3)\tThe Governor may, by subsequent notice in the Gazette, vary or revoke a notice under subclause (2).\n2—Suspension of existing rights and interests\n\t(1)\tThe Governor may, on the recommendation of the Minister, by notice in the Gazette, suspend or modify any of the following rights or interests existing in, or in relation to, any part of the designated area:\n\t(a)\ta right to develop any part of the designated area;\n\t(b)\ta right of support, including such a right that exists by force of another provision of this Act;\n\t(c)\ta right to exercise any right in respect of the common area or the shared facilities that is envisaged by section 15;\n\t(d)\ta right to expect the common area to be maintained in good condition;\n\t(e)\ta right to the provision of basic services under Part 4 Division 4;\n\t(f)\ta right to the provision and maintenance of shared facilities under Part 4 Division 4;\n\t(g)\tany easement or other rights for or in connection with the provision of services (including water, sewerage, electricity, gas or telecommunications services);\n\t(h)\tany rights relating to the use of a road or loading or unloading bay, or to the parking of vehicles;\n\t(i)\tany rights to the use of stairs, passages or other similar places;\n\t(j)\tany rights of access or egress;\n\t(k)\tany rights or interests prescribed by the regulations for the purposes of this clause;\n\t(l)\tany right or interest that is ancillary or related to a right or interest referred to in a preceding paragraph.\n\t(2)\tThe Minister may only make a recommendation for the purposes of subclause (1) if the Minister is satisfied that action under subclause (1) is reasonably necessary in order to facilitate or support the undertaking of a designated project.\n\t(3)\tA suspension or modification under subclause (1)—\n\t(a)\tmay be limited in a manner specified by the Governor; and\n\t(b)\tmay be on terms or conditions determined by the Governor.\n\t(4)\tA notice under subclause (1) should, insofar as is reasonably practicable, endeavour to grant, on terms or conditions determined by the Governor, a new right or interest in substitution for a right or interest that has been suspended, unless the Minister considers that to do so—\n\t(a)\twould have an adverse impact on any aspect of a designated project; or\n\t(b)\tis unnecessary due to action taken under subclause (3).\n\t(5)\tThe right to make an application to the Supreme Court under this Act in relation to a right or interest that has been suspended is, in turn, suspended by force of this subclause during the period of suspension of the right or interest under this clause.\n\t(6)\tThe Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subclause (1).\n\t(7)\tThe Minister must, when satisfied that a suspension or modification is no longer reasonably necessary in connection with a designated project, revoke the suspension or modification by notice in the Gazette under subclause (6).\n\t(8)\tSubclause (7) does not apply—\n\t(a)\tin relation to a right or interest that the Minister considers should be permanently suspended or modified on account of a designated project; or\n\t(b)\twithout limiting paragraph (a), in relation to a right or interest that the Minister considers is inconsistent with a right or interest under clause 4 (or that the Minister intends to create or grant under clause 4).\n\t(9)\tNo right to compensation or other right of action against the Governor or Minister arises on account of any action taken by the Governor or Minister under this clause.\n\t(10)\tThis clause extends to (but is not limited to)—\n\t(a)\ta right or interest created by a lease, licence or agreement between 2 parties (including parties that are not agencies or instrumentalities of the Crown); and\n\t(b)\ta right or interest registered or noted on a certificate of title or other instrument relating to land; and\n\t(c)\ta right or interest that arises by long‑use or under a formal or informal arrangement.\n\t(11)\tA notice under this clause will have effect according to its terms and without any need to register or note any other instrument or document to give effect to the notice.\n3—Authorisation to undertake works and occupy land\n\t(1)\tThe Minister, or a person authorised by the Minister, may for the purposes of, or in connection with, a designated project—\n\t(a)\tenter and remain on any part of the designated area; or\n\t(b)\ttake vehicles, machinery or equipment on to any part of the designated area; or\n\t(c)\tundertake works on any part of the designated area, including by the construction of permanent or temporary structures, including fences; or\n\t(d)\toccupy any part of the designated area; or\n\t(e)\tpermanently or temporarily modify, remove or relocate any services, infrastructure, equipment, items or facilities, including basic services and shared facilities under Part 4 Division 4.\n\t(2)\tWithout limiting subclause (1), the Minister, or a person authorised by the Minister, may for the purposes of, or in connection with, a designated project, modify or remove any building, structure or other built form (or any part thereof) within any part of the designated area.\n\t(3)\tA person must not, without reasonable excuse, hinder or obstruct a person exercising a power under this clause.\nMaximum penalty: $5 000.\n\t(4)\tA person exercising a power under this clause must, insofar as is reasonably practicable—\n\t(a)\tminimise the extent of damage to any building, structure or other built form; and\n\t(b)\tminimise disturbance to any other person who is lawfully occupying any part of the designated area.\n\t(5)\tNo right to compensation or other right of action against the Minister or a person authorised to act under this clause arises on account of any action taken under this clause.\n\t(6)\tThis clause does not limit or derogate from the powers of a person under another Act or law.\n4—Creation of new rights and interests\n\t(1)\tThe 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):\n\t(a)\ta right of support;\n\t(b)\ta right to the provision of services (including water, sewerage, electricity, gas or telecommunications services);\n\t(c)\ta right of way;\n\t(d)\ta right relating to the use of a road or loading or unloading bay, or to the parking or movement of vehicles;\n\t(e)\ta right to the use of stairs, passages or other similar places;\n\t(f)\ta right of access or egress;\n\t(g)\ta right or interest prescribed by the regulations for the purposes of this clause;\n\t(h)\ta right or interest that is ancillary or related to a right or interest referred to in a preceding paragraph.\n\t(2)\tTo 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.\n\t(3)\tThe Minister may—\n\t(a)\tas part of an instrument under subclause (1); or\n\t(b)\tby separate instrument,\npermanently modify a right or interest of a kind referred to in clause 2(1).\n\t(4)\tWithout 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.\n\t(5)\tThe 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.\n\t(6)\tNo right to compensation or other right of action against the Minister arises on account of any action taken by the Minister under this clause.\n\t(7)\tThe 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).\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nASER (Restructure) Act 1997\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1997\n38\nASER (Restructure) Act 1997\n17.7.1997\n5.2.1998 (Gazette 5.2.1998 p862) except Pt 4 and s 27—30.6.1998 (Gazette 25.6.1998 p2648)\n1999\n45\nASER (Restructure) (Miscellaneous) Amendment Act 1999\n12.8.1999\n19.8.1999 (Gazette 19.8.1999 p882)\n2001\n23\nStatutes Amendment (Corporations) Act 2001\n14.6.2001\nPt 4 (ss 7 & 8)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13 July 2001 (Gazette 21.6.2001 p2270)\n2006\n17\nStatutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 8 (s 40)—4.9.2006 (Gazette 17.8.2006 p2831)\n2016\n40\nASER (Restructure) (Facilitation of Riverbank Development) Amendment Act 2016\n29.9.2016\n6.10.2016 (Gazette 6.10.2016 p3951)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 1\namended by 40/2016 s 4\n6.10.2016\ns 2\nomitted under Legislation Revision and Publication Act 2002\n30.6.2004\ns 3\n\n\nspecial resolution\ninserted by 45/1999 s 3\n19.8.1999\nPt 2\n\n\nPt 2 Div 1\n\n\ns 6\n\n\ns 6(3)\ninserted by 40/2016 s 5\n6.10.2016\nPt 2 Div 2\nsubstituted by 45/1999 s 4\n19.8.1999\ns 7\n\n\ns 7(1)\namended by 40/2016 s 6(1)\n6.10.2016\ns 7(1a)—(1c)\ninserted by 40/2016 s 6(2)\n6.10.2016\ns 7(4)\ninserted by 40/2016 s 6(3)\n6.10.2016\nPt 2 Div 3 \ninserted by 45/1999 s 4\n19.8.1999\nPt 2 Div 4 \ninserted by 45/1999 s 4\n19.8.1999\nPt 4\nheading substituted by 45/1999 s 5\n19.8.1999\nPt 4 Div 2\nheading substituted by 45/1999 s 6\n19.8.1999\ns 14\n\n\ns 14(1a)\ninserted by 45/1999 s 7\n19.8.1999\nPt 4 Div 3\n\n\ns 15\n\n\ns 15(3)\namended by 45/1999 s 8(a)\n19.8.1999\ns 15\n\n\ns 15(4)\ninserted by 45/1999 s 8(b)\n19.8.1999\nPt 4 Div 4\n\n\ns 17\n\n\ns 17(1) and (2)\nsubstituted by 45/1999 s 9(a)\n19.8.1999\ns 17(2a)\ninserted by 45/1999 s 9(a)\n19.8.1999\ns 17(3)\namended by 45/1999 s 9(b)\n19.8.1999\nPt 4 Div 4A\ninserted by 45/1999 s 10\n19.8.1999\ns 20A\nexpired: s 20A(3)—omitted under Legislation Revision and Publication Act 2002\n(30.6.2004) \nPt 4 Div 5\n\n\ns 21\n\n\ns 21(4) and (5)\n deleted by 45/1999 s 11\n19.8.1999\ns 22\n\n\ns 22(1)\namended by 45/1999 s 12(a)\n19.8.1999\ns 22(2)\namended by 45/1999 s 12(b)\n19.8.1999\ns 22(3a)\ninserted by 45/1999 s 12(c)\n19.8.1999\nPt 4 Div 6\n\n\ns 23\n\n\ns 23(2)\namended by 23/2001 s 7\n15.7.2001\nPt 4 Div 7\n\n\ns 25\n\n\ns 25(5)\namended by 17/2006 s 40\n4.9.2006\nPt 5\n\n\ns 27\n\n\ns 27(1)\namended by 23/2001 s 8(a)\n15.7.2001\ns 27(1a)\ninserted by 23/2001 s 8(b)\n15.7.2001\nSch 1\ninserted by 40/2016 s 7\n6.10.2016\nHistorical versions\nReprint No 1—19.8.1999\n\nReprint No 2—15.7.2001\n\n4.9.2006\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Amendments (notably the 2016 insertion of Schedule 1 and changes to s 7) expanded executive powers to declare 'designated projects', suspend or create rights, and define an 'expansion area' for the casino site, broadening the Act’s development-facilitation scope and increasing ministerial discretion (see Sch 1 (inserted by 40/2016 s 7) and s 7(1a)–(1c) (inserted by 40/2016 s 6))."},"complexity_factors":["Broad delegation to regulation and executive decision-making (Governor may redefine Site and casino boundaries; regs generally) — see ss 5–7, 31.","Creation of a bespoke corporate governance regime tying membership and voting to 'stakeholders' with special resolution thresholds and regulation-determined voting rights — see ss 9, 12–13.","Compulsory levy mechanism with multiple bases, punitive interest and service-cutoff powers, and debt-recovery as ordinary debts — see ss 21–22.","Extensive property‑law effects that operate despite Real Property Act 1886 and allow severance/substitution of leases without conventional procedures — see s 4, s 8, s 26.","Statutory rights of support and court enforcement mechanisms creating novel inter‑site obligations and remedies — see s 7C.","Strong ministerial powers in Schedule 1 to suspend existing rights, authorise occupation/works and create new interests without compensation, and to register instruments without consent — see Sch 1 cll 2–4.","Intersection with other legislation and exemption powers (Treasurer may exempt dealings from Land and Business, Retail Shop Leases, Development Act) creating cross‑statutory complexity — see s 30.","Operational duties and access powers for maintenance including entry onto subsidiary sites and criminal penalties for obstruction — see ss 17, 20 and Sch 1 cl 3.","Audit and accounting obligations modelled on Corporations Act standards, plus a specific winding‑up regime and vesting of common area in the Crown on winding up — see ss 23–24, 27."],"plain_english_summary":"This Act restructures the ASER property holdings at Riverbank by creating the ASER Services Corporation to manage the Site’s common area, shared facilities and services, and to levy compulsory contributions from stakeholders. It also gives the Governor and Minister powers (via regulations and Gazette notices) to redefine site boundaries, authorise development works and, under Schedule 1, suspend or create rights to facilitate designated projects.\n\nWho pays: stakeholders (occupiers of subsidiary sites) via compulsory contributions. Who decides: the Corporation (stakeholders), the Governor and the Minister under delegated powers."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. No legislative text was returned — the source URL produced a 'Page Not Found' error. Any assessment of whether the Act's scope changed from its original intent would be speculative without access to the actual text."},"complexity_factors":["No legislative text was available for analysis — only a website error page was provided","Complexity cannot be meaningfully assessed without the actual content of the Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe actual text of the **Riverbank Act 1997 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website migration that occurred around **24 March 2026**.\n\n**What we do know from the title alone:**\n- This is a **South Australian** law\n- It was enacted in **1997**\n- It relates to 'riverbank' — most likely concerning the management, development, or protection of land along the River Torrens (Karrawirra Pari) riverbank precinct in Adelaide\n\n**To find the actual legislation**, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and searching 'Riverbank Act 1997' directly\n- Emailing OPCWeb@sa.gov.au to report the broken link"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1997 purpose of restructuring ASER property holdings. The original Act was essentially a commercial property restructuring vehicle dealing with lease severance and creating a management corporation. The 2016 amendments (ASER (Restructure) (Facilitation of Riverbank Development) Amendment Act 2016) fundamentally transformed it into a major projects facilitation tool. Schedule 1 now grants the Minister extraordinary powers to suspend property rights, override easements, enter and modify land, and create new interests without normal consent or compensation requirements. The Act now functions as both a strata-title style management regime AND a special development act enabling government intervention in private property rights for urban renewal purposes."},"complexity_factors":["Multiple overlapping zones (casino site, subsidiary sites, common area, expansion area, designated area) with different rules for each","Heavy reliance on regulations and Gazette notices to define substantive boundaries and rights rather than setting them in the Act itself","Complex corporate governance structure for the ASER Services Corporation with voting rights tied to property ownership/occupation","Nested conditional logic for boundary changes requiring different consent thresholds (unanimous stakeholder agreement vs single stakeholder agreement vs special resolution)","Schedule 1 creates exceptional executive powers allowing suspension of property rights without compensation, with multiple safeguards, exceptions, and override provisions","Interaction with multiple other Acts (Real Property Act 1886, Corporations Act 2001, Development Act 1993, etc.) including explicit override provisions","17 defined terms in section 3 plus additional local definitions in sections 7C and Schedule 1","Cross-referencing between Parts, Divisions and Schedule 1 with interdependent rights and obligations","Temporal complexity with rights existing 'as at commencement of this section' vs future rights","Multiple mechanisms for dispute resolution (Supreme Court applications, administrator appointments, Treasurer determinations)"],"plain_english_summary":"**What this law does:**\n\nThis Act is a specialised piece of South Australian legislation that restructures property ownership and management arrangements for a specific parcel of land in Adelaide known as \"the Site\" (the Riverbank precinct). It was originally designed to deal with complex leasehold arrangements involving ASER Nominees Pty Ltd and has since evolved to facilitate major redevelopment of the Adelaide Riverbank area.\n\n**Key things the law establishes:**\n\n*   **The Site:** Defines a specific area of land (initially tied to particular certificate of title references) that can be enlarged by regulation to include adjacent areas like a car park encroachment or an \"expansion area\" for the casino.\n\n*   **Three zones:** Divides the Site into:\n    *   **The casino site** – where the Adelaide Casino operates\n    *   **Subsidiary sites** – individual parcels that can be developed separately by \"stakeholders\" (occupiers or owners)\n    *   **The common area** – shared spaces managed collectively\n\n*   **ASER Services Corporation:** Creates a special body corporate (like a company) comprising all stakeholders. The Corporation manages the common area, provides shared facilities (power, fire protection, air conditioning, waste disposal), and maintains basic services. Stakeholders must pay compulsory contributions (like strata fees) to fund this.\n\n*   **Statutory rights of support:** Creates legal rights ensuring buildings on one part of the Site can be structurally supported by neighbouring parts – critical for multi-level developments where buildings lean on or underpin each other.\n\n*   **Severance of leases:** Allows complex head leases covering multiple zones to be split into separate leases.\n\n*   **Development facilitation powers (Schedule 1):** Added in 2016, this gives the Minister extraordinary powers to:\n    *   Suspend or modify existing rights (including property rights, easements, and rights of support) to enable major projects\n    *   Enter land, undertake works, remove structures\n    *   Create new rights and interests (like easements) without normal consent requirements\n    *   Do all this without compensation in many cases\n\n**Who it affects:**\n\n*   Property owners and tenants in the Riverbank precinct (stakeholders)\n*   The Adelaide Casino operator\n*   TransAdelaide (public transport authority holding underlying land titles)\n*   Developers undertaking major Riverbank projects\n*   The ASER Services Corporation and its members\n\n**Why it matters:**\n\nThis Act creates a unique property law framework that overrides normal land title rules (explicitly stating it applies \"notwithstanding the Real Property Act 1886\"). It enables complex vertical and horizontal subdivision of airspace and land rights necessary for integrated urban development. The 2016 amendments significantly expanded its scope, giving the government sweeping powers to override private property rights to facilitate major infrastructure and development projects in Adelaide's premier cultural and entertainment precinct."}},"importantCases":[],"_links":{"self":"/api/acts/riverbank-act-1997","history":"/api/acts/riverbank-act-1997/history","analysis":"/api/acts/riverbank-act-1997/analysis","conflicts":"/api/acts/riverbank-act-1997/conflicts","importantCases":"/api/acts/riverbank-act-1997/important-cases","documents":"/api/acts/riverbank-act-1997/documents"}}