28Modification of doctrine of erosion and accretion

#### 28 Modification of doctrine of erosion and accretion 28 Modification of doctrine of erosion and accretion > > (1) This section applies to land— > > > > > (a) which is within the coastal zone, or which adjoins the tidal waters of Sydney Harbour or Botany Bay, or their tributaries, and > > > > > (b) a boundary (the water boundary) of which is defined or otherwise determined by reference to a mean high-water mark. > > > (2) A court has no jurisdiction to make a declaration concerning a water boundary that would increase the area of land to the landward side of the water boundary if— > > > > > (a) a perceived trend by way of accretion is not likely to be indefinitely sustained by natural means, or > > > > > (b) as a consequence of making such a declaration, public access to a beach, headland or waterway will be, or is likely to be, restricted or denied. > > > (3) The Registrar-General has no power under Part 14A of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) to make a determination concerning a water boundary that would increase the area of land to the landward side of the water boundary. > > > (4) The Minister administering the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) (or a person authorised by that Minister) has no power under Division 5 of Part 2 of the [Surveying and Spatial Information Regulation 2012](/view/html/repealed/current/sl-2012-0436) (or any regulation made by way of replacement, or in substitution, for that Regulation) to approve a determination concerning a water boundary that would increase the area of land to the landward side of the water boundary if— > > > > > (a) a perceived trend by way of accretion is not likely to be indefinitely sustained by natural means, or > > > > > (b) as a consequence of making such a determination, public access to a beach, headland or waterway will be, or is likely to be, restricted or denied. > > **s 28:** Am 2017 No 17, Sch 4.13.