Just doing some preliminary research re the abovementioned section. If my understanding is correct I believe this is a powerful act permitting the court via an order to make adjustments (modifications) to easements, with little to none compensation to the affected parties. S.89(5) in particular. Sounds like bloody ransom to me.
Quesions is, are there any cases where the courts have exercised this act in force, affecting individuals? And if so a case quote would be appreciated.