Queensland Consolidated Acts

SURVEY AND MAPPING INFRASTRUCTURE ACT 2003 - SECT 82

82 Second exception for the original adopted natural feature rule (tidal) provision (applied criteria exception)

(1) This section provides for the location at law of the tidal boundary if the original adopted natural feature rule (tidal) provision can not be applied because there is no old plan of survey that, together with any associated material for the plan, clearly adopted a natural feature (other than the line of intersection of a tidal plane with land) for representing the tidal boundary.

(2) The tidal boundary is, at law, the natural feature or anything else that to the greatest practicable extent complies with the requirements of all the tidal boundary location criteria and is represented on the first new plan of survey.

(3) To decide where the tidal boundary is located at any time after the registration of the first new plan of survey, there must be taken into account the application of the ambulatory boundary principles to a natural feature represented on the first new plan of survey under subsection (2) .

(4) Subsection (2) does not apply if a single lot declaration (tidal) is made about the location of the tidal boundary.