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 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 (or a person authorised by that Minister) has no power under Division 5 of Part 2 of the Surveying and Spatial Information Regulation 2012 (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.