South Australian Current Acts South Australian Current Acts (1) A statutory
easement exists in favour of the owner of port infrastructure if—
(a) the
infrastructure was, at the commencement of this section, situated on, above or
under Corporation land; and
(b)
either—
(i)
the owner then had no formal entitlement (in the form of
a written easement, lease or licence) to maintain or operate the
infrastructure on Corporation land; or
(ii)
the infrastructure was then owned by the Corporation and
ownership of the infrastructure becomes dissociated from ownership of the land
in the course of the sale or disposal of the Corporations's assets.
(2) The easement is an
easement in gross that does not depend on the existence of a dominant
tenement.
(3) The easement
entitles the owner—
(a) to
retain, maintain and operate the relevant infrastructure on, above or under
the land affected by the easement;
(b) to
enter the land (in person or by his or her agents or employees) at any
reasonable time, for the purpose of operating, examining, maintaining,
repairing, modifying, replacing or removing the relevant infrastructure;
(c) to
bring on to the land any vehicles or equipment that may be reasonably
necessary for any of the above purposes.
(4) A person
exercising rights under the statutory easement must take reasonable
steps—
(a) to
minimise damage to land or other property from work or activities carried out
in the exercise of rights conferred by the statutory easement; and
(b) to
avoid unnecessary interference with land or other property, or the use or
enjoyment of land or other property, from the exercise of rights under the
statutory easement.
(5) The owner of land
affected by the statutory easement may, by agreement with the owner of the
infrastructure, execute an instrument—
(a)
conferring an easement that operates to the exclusion of the statutory
easement so far as it affects that land; or
(b)
discharging the land from the statutory easement,
and on registration of the instrument under the Real Property Act 1886
or the Registration of Deeds Act 1935 the land is discharged from the
statutory easement.
(6) An easement under
this section need not be registered.
(7) However, the
Registrar-General must, on application by the owner of the land or
infrastructure, note the statutory easement on each certificate of title, or
Crown lease, affected by the easement.
(8) An application
under this section—
(a) need
not include a plan of the easement;
(b) must
include a schedule of all certificates of title and Crown leases affected by
the easement.
(9) The
Registrar-General is entitled to act on the basis of information included in
the application and is not obliged to do anything to verify the accuracy of
that information.
(10) In this
section—
"port infrastructure" means fixtures at a port comprising a pipeline, conveyor
belt or crane or any plant or equipment associated with the operation of a
pipeline, conveyor belt or crane.