31BApplication above highwater mark etc.

31B Application above highwater mark etc. (1) Subject to subsections (2) and (3), this Part applies in relation to: (a) the compulsory acquisition of an interest in land to the extent that the acquisition relates to an onshore place on the landward side of the mean highwater mark of the sea; and (b) the compulsory acquisition of an interest in land to the extent that the acquisition relates to an onshore place on the seaward side of the mean highwater mark of the sea where the compulsory acquisition is an act to which the consequences of section 24MD(6B) of the Native Title Act apply. (1A) The compulsory acquisition of an interest in land on an onshore place on the seaward side of the mean highwater mark of the sea (other than a compulsory acquisition that is an act to which the consequences of section 24MD(6B) apply) is dealt with under Part IVA.

Lands Acquisition Act 1978 8 (2) Where, in relation to the compulsory acquisition of land: (a) this Part would, but for this subsection, apply in relation to the compulsory acquisition of so much of the land as is on the landward side of the mean highwater mark of the sea; and (b) Part IVA would, but for this subsection, apply in relation to the compulsory acquisition of so much of the land as is on the seaward side of the mean highwater mark of the sea, the compulsory acquisition is to be taken to consist of 2 separate acts of compulsory acquisition as follows: (c) the compulsory acquisition of land on the landward side of the mean highwater mark of the sea; (d) the compulsory acquisition of land on the seaward side of the mean highwater mark of the sea. (3) Divisions 1 and 2 of this Part do not apply in relation to a compulsory acquisition to which section 40 applies.