sec.100Non-tidal boundary (watercourse) location criteria

### sec.100 Non-tidal boundary (watercourse) location criteria The first criterion to be satisfied for identifying a non-tidal boundary (watercourse) is that the boundary must be a feature that— occurs naturally; and is within the channel, but not within the bed, of the watercourse; and is in a reasonably stable location. The second criterion to be satisfied for identifying a non-tidal boundary (watercourse) is that the boundary must not be a feature, or form part of a feature— that is the line of intersection of a particular level of water flow with land; or that is transient in nature, including, for example, any of the following transient features within the watercourse— a bar; an in-stream island; a sand or reed bank. The third criterion to be satisfied for identifying a non-tidal boundary (watercourse) is that the boundary must be any of the following— the top of a bank; a particular line of change in a grade of a landform; a naturally occurring change in vegetation; another feature of sufficient substance to be an equivalent of a feature mentioned in paragraph (a) , (b) or (c) . However, if it is not practicable to identify a non-tidal boundary (watercourse) under subsection (3) , the alternative third criterion to be satisfied for identifying a non-tidal boundary (watercourse) is that the boundary must be— a depositional feature or a scour mark; or if it is not practicable to identify a depositional feature or a scour mark but a non-tidal boundary (watercourse) is identifiable on the other side of the watercourse on an application of this section—the line that runs along the bank of the watercourse at the same level as the non-tidal boundary (watercourse) on the other side. A line identified under subsection (4) (b) is taken to be a natural feature for the provisions of this part applying to natural features. A provision of this part that applies the ambulatory boundary principles to a natural feature will also have the effect of applying the ambulatory boundary principles to the line identified under subsection (4) (b) . s 100 ins 2010 No. 12 s 215 (sec.100-ssec.1) The first criterion to be satisfied for identifying a non-tidal boundary (watercourse) is that the boundary must be a feature that— occurs naturally; and is within the channel, but not within the bed, of the watercourse; and is in a reasonably stable location. (sec.100-ssec.2) The second criterion to be satisfied for identifying a non-tidal boundary (watercourse) is that the boundary must not be a feature, or form part of a feature— that is the line of intersection of a particular level of water flow with land; or that is transient in nature, including, for example, any of the following transient features within the watercourse— a bar; an in-stream island; a sand or reed bank. (sec.100-ssec.3) The third criterion to be satisfied for identifying a non-tidal boundary (watercourse) is that the boundary must be any of the following— the top of a bank; a particular line of change in a grade of a landform; a naturally occurring change in vegetation; another feature of sufficient substance to be an equivalent of a feature mentioned in paragraph (a) , (b) or (c) . (sec.100-ssec.4) However, if it is not practicable to identify a non-tidal boundary (watercourse) under subsection (3) , the alternative third criterion to be satisfied for identifying a non-tidal boundary (watercourse) is that the boundary must be— a depositional feature or a scour mark; or if it is not practicable to identify a depositional feature or a scour mark but a non-tidal boundary (watercourse) is identifiable on the other side of the watercourse on an application of this section—the line that runs along the bank of the watercourse at the same level as the non-tidal boundary (watercourse) on the other side. (sec.100-ssec.5) A line identified under subsection (4) (b) is taken to be a natural feature for the provisions of this part applying to natural features. A provision of this part that applies the ambulatory boundary principles to a natural feature will also have the effect of applying the ambulatory boundary principles to the line identified under subsection (4) (b) . - (a) occurs naturally; and - (b) is within the channel, but not within the bed, of the watercourse; and - (c) is in a reasonably stable location. - (a) that is the line of intersection of a particular level of water flow with land; or - (b) that is transient in nature, including, for example, any of the following transient features within the watercourse— (i) a bar; (ii) an in-stream island; (iii) a sand or reed bank. - (i) a bar; - (ii) an in-stream island; - (iii) a sand or reed bank. - (i) a bar; - (ii) an in-stream island; - (iii) a sand or reed bank. - (a) the top of a bank; - (b) a particular line of change in a grade of a landform; - (c) a naturally occurring change in vegetation; - (d) another feature of sufficient substance to be an equivalent of a feature mentioned in paragraph (a) , (b) or (c) . - (a) a depositional feature or a scour mark; or - (b) if it is not practicable to identify a depositional feature or a scour mark but a non-tidal boundary (watercourse) is identifiable on the other side of the watercourse on an application of this section—the line that runs along the bank of the watercourse at the same level as the non-tidal boundary (watercourse) on the other side.