New South Wales Repealed Regulations

This legislation has been repealed.

SURVEYING AND SPATIAL INFORMATION REGULATION 2012 - REG 45

45 First survey of boundary of land adjoining Crown reserve or Crown road

(1) In any survey for the redefinition or subdivision of land adjoining an existing Crown reserve of stipulated width fronting tidal waters where the boundary between the land being surveyed and the Crown reserve has not previously been defined by survey, the boundary must be defined by straight lines approximately parallel to the position of the mean high-water mark as originally defined.

(2) In any survey for the redefinition or subdivision of land adjoining an existing Crown reserve or Crown road of stipulated width fronting a lake, stream or natural feature where the boundary between the land being surveyed and the Crown reserve or Crown road has not previously been defined by survey:

(a) the boundary must be defined by straight lines approximately parallel to the position of the bank of the lake or stream, or of the natural feature, as originally defined, and

(b) the position of the bank or natural feature, as originally defined, must be shown on the survey plan, and

(c) the position of any existing road formation or fencing must be shown on the survey plan, and

(d) the boundary need not be marked in accordance with clause 28 but, if it is not marked in accordance with that clause, a reference mark must be placed at the terminals of the boundary and at intervals of not more than 1,000 metres along the boundary.

(3) Approval to the definition of a boundary under subclause (1) or (2) must be obtained from the Minister administering the Crown Lands Act 1989 .

(4) When seeking approval to the definition of a boundary, a surveyor must provide the Minister administering the Crown Lands Act 1989 with a comprehensive report regarding the surveyor's determination of the boundary.

(5) The comprehensive report must include:

(a) the basis and method of determining the position of the mean high-water mark, bank or natural feature fronted by the Crown reserve or Crown road concerned, and

(b) the surveyor's opinion as to the reason for any change in that position and the process by which the change has taken place, and

(c) such photographs, documents or other information relevant to the position of the mean high-water mark as is reasonably required by the person to whom the report is to be provided.

(6) In this clause:

"Crown reserve" has the same meaning as
"reserve" has in Part 5 of the Crown Lands Act 1989 .

"Crown road" has the same meaning as it has in the Roads Act 1993 .