sec.83Rights of access preserved

sec.83 Rights of access preserved

If— land that is an area of coast becomes Aboriginal land because of a claim under this Act; and a right of access to or across the area (whether by persons generally or particular persons) existed immediately before the land became claimable land; the right of access continues in force as if the land had not become Aboriginal land. In this section— coast means all land, including the bed and banks of any river, stream, watercourse, lake or other body of water, that is— above the highest astronomical tide mark and within 400m, measured by the shortest distance, of that mark; or below the highest astronomical tide mark. highest astronomical tide means the highest level of the tides that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions. s 83 amd 2008 No. 29 s 37 (sec.83-ssec.1) If— land that is an area of coast becomes Aboriginal land because of a claim under this Act; and a right of access to or across the area (whether by persons generally or particular persons) existed immediately before the land became claimable land; the right of access continues in force as if the land had not become Aboriginal land. (sec.83-ssec.2) In this section— coast means all land, including the bed and banks of any river, stream, watercourse, lake or other body of water, that is— above the highest astronomical tide mark and within 400m, measured by the shortest distance, of that mark; or below the highest astronomical tide mark. highest astronomical tide means the highest level of the tides that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions.

• (a) land that is an area of coast becomes Aboriginal land because of a claim under this Act; and
• (b) a right of access to or across the area (whether by persons generally or particular persons) existed immediately before the land became claimable land;
• (a) above the highest astronomical tide mark and within 400m, measured by the shortest distance, of that mark; or
• (b) below the highest astronomical tide mark.