New South Wales Repealed Regulations

This legislation has been repealed.

SURVEYING AND SPATIAL INFORMATION REGULATION 2012 - REG 48

48 Changes in boundaries formed by tidal waters

(1) This clause applies to a survey if:

(a) the mean high-water mark of tidal waters forms a boundary of the land to be surveyed, and

(b) since the date of a previous survey, there has been a change in the position of the mean high-water mark of the tidal waters.

(2) If the change in the position of the mean high-water mark arose from natural, gradual and imperceptible accretion or erosion:

(a) the position of the mean high-water mark as it is as the result of the change is to be adopted unless paragraph (b) applies, or

(b) in a case where section 55N (4) of the Coastal Protection Act 1979 applies to the determination of the boundary concerned by reference to the mean high-water mark, the position of the mean high-water mark as it was before the change is to be adopted.

Note : Section 55N (Modification of doctrine of erosion and accretion) of the Coastal Protection Act 1979 prevents certain determinations being made in relation to land which is within the coastal zone, or which adjoins the tidal waters of Sydney Harbour or Botany Bay or their tributaries, and which has a boundary that is defined or determined by reference to a mean high-water mark.

(3) If the change in the position of the mean high-water mark arose otherwise than from natural, gradual and imperceptible accretion or erosion, the position of the mean high-water mark as it was before the change is to be adopted.

(4) Approval to the adoption of a changed position referred to in subclause (2) (a) must be obtained from:

(a) the Minister administering the Crown Lands Act 1989 , if the adjoining land below the mean high-water mark is Crown land, or

(b) the owner of the adjoining land, if the adjoining land below the mean high-water mark is not Crown land.

(5) When seeking approval under subclause (4), a surveyor must provide the Minister administering the Crown Lands Act 1989 or the owner of the adjoining land, as the case requires, with a comprehensive report regarding the surveyor's determination of the position of the mean high-water mark.

(6) The comprehensive report must include:

(a) the basis and method of determining the position of the mean high-water mark, 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.