sec.103Current adopted natural feature rule (non-tidal) provision

### sec.103 Current adopted natural feature rule (non-tidal) provision This section applies if an old plan of survey that is the most recently registered or that is otherwise currently authoritative in relation to the land, together with any associated material for the plan, clearly adopted a natural feature for representing the non-tidal boundary (watercourse). the top of a bank a particular point of change in a grade of landform a naturally occurring change in vegetation the edge of useable land For subsection (1) — the adoption of the line of intersection of a particular level of water flow with land is sufficient to have achieved the adoption of a natural feature; and the adoption of the notional middle line separating the lands of owners on opposite sides of the watercourse is not sufficient to have achieved the adoption of a natural feature. The non-tidal boundary (watercourse) is, at law, the adopted natural feature, taking into account the application of the ambulatory boundary principles to the adopted natural feature both before and after the commencement of this division. Immediately before the commencement of this division, the non-tidal boundary (watercourse) may have been located, at law, having regard strictly to the terms of a deed of grant and the provisions of the Water Act 2000 , at the line of a particular level of flow in the watercourse. The most recently registered plan of survey for the land adopted a natural feature such as the line of the edge of useable land to represent the non-tidal boundary (watercourse). On the commencement of this division, the non-tidal boundary (watercourse) changes to the current location of the line of the edge of useable land until the first new plan of survey is registered. Subsection (3) has effect even if, immediately before the commencement of this division, the non-tidal boundary (watercourse) was at law located in a different place. s 103 ins 2010 No. 12 s 215 (sec.103-ssec.1) This section applies if an old plan of survey that is the most recently registered or that is otherwise currently authoritative in relation to the land, together with any associated material for the plan, clearly adopted a natural feature for representing the non-tidal boundary (watercourse). the top of a bank a particular point of change in a grade of landform a naturally occurring change in vegetation the edge of useable land (sec.103-ssec.2) For subsection (1) — the adoption of the line of intersection of a particular level of water flow with land is sufficient to have achieved the adoption of a natural feature; and the adoption of the notional middle line separating the lands of owners on opposite sides of the watercourse is not sufficient to have achieved the adoption of a natural feature. (sec.103-ssec.3) The non-tidal boundary (watercourse) is, at law, the adopted natural feature, taking into account the application of the ambulatory boundary principles to the adopted natural feature both before and after the commencement of this division. Immediately before the commencement of this division, the non-tidal boundary (watercourse) may have been located, at law, having regard strictly to the terms of a deed of grant and the provisions of the Water Act 2000 , at the line of a particular level of flow in the watercourse. The most recently registered plan of survey for the land adopted a natural feature such as the line of the edge of useable land to represent the non-tidal boundary (watercourse). On the commencement of this division, the non-tidal boundary (watercourse) changes to the current location of the line of the edge of useable land until the first new plan of survey is registered. (sec.103-ssec.4) Subsection (3) has effect even if, immediately before the commencement of this division, the non-tidal boundary (watercourse) was at law located in a different place. - • the top of a bank - • a particular point of change in a grade of landform - • a naturally occurring change in vegetation - • the edge of useable land - (a) the adoption of the line of intersection of a particular level of water flow with land is sufficient to have achieved the adoption of a natural feature; and - (b) the adoption of the notional middle line separating the lands of owners on opposite sides of the watercourse is not sufficient to have achieved the adoption of a natural feature.