sec.108Boundary location criteria rule (non-tidal) provision

### sec.108 Boundary location criteria rule (non-tidal) provision The non-tidal boundary (watercourse) is, at law, the natural feature closest to the water of the watercourse that, to the greatest practicable extent, complies with the requirements of the non-tidal boundary (watercourse) location criteria. To decide where the non-tidal boundary (watercourse) is located at any time after the registration of the first new plan of survey, there must be taken into account the application of the ambulatory boundary principles to the natural feature mentioned in subsection (1) . Subsections (1) and (2) have effect even if, immediately before the registration of the first new plan of survey, the non-tidal boundary (watercourse) was, at law, having regard to the provisions of subdivision 2 , located in a different place. Immediately before the registration of the first new plan of survey, the non-tidal boundary (watercourse) may have been located at law, having regard to subdivision 2 , at the current line of the edge of useable land. On the registration of the first new plan of survey, the location at law of the non-tidal boundary (watercourse) changes to the current location of a depositional feature identified under the non-tidal boundary (watercourse) location criteria. Subsection (5) applies if subsection (1) would result in the non-tidal boundary (watercourse) being located at law generally closer to the opposite side of the watercourse than it was immediately before the registration of the first new plan of survey. Despite subsection (1) , on the registration of the first new plan of survey, the non-tidal boundary (watercourse) stays located at law in the same place it was located immediately before the registration of the first new plan of survey. Subsection (5) does not prevent subsequent movement of the non-tidal boundary (watercourse) through the application of the ambulatory boundary principles. s 108 ins 2010 No. 12 s 215 amd 2023 No. 2 s 84 (sec.108-ssec.1) The non-tidal boundary (watercourse) is, at law, the natural feature closest to the water of the watercourse that, to the greatest practicable extent, complies with the requirements of the non-tidal boundary (watercourse) location criteria. (sec.108-ssec.2) To decide where the non-tidal boundary (watercourse) is located at any time after the registration of the first new plan of survey, there must be taken into account the application of the ambulatory boundary principles to the natural feature mentioned in subsection (1) . (sec.108-ssec.3) Subsections (1) and (2) have effect even if, immediately before the registration of the first new plan of survey, the non-tidal boundary (watercourse) was, at law, having regard to the provisions of subdivision 2 , located in a different place. Immediately before the registration of the first new plan of survey, the non-tidal boundary (watercourse) may have been located at law, having regard to subdivision 2 , at the current line of the edge of useable land. On the registration of the first new plan of survey, the location at law of the non-tidal boundary (watercourse) changes to the current location of a depositional feature identified under the non-tidal boundary (watercourse) location criteria. (sec.108-ssec.4) Subsection (5) applies if subsection (1) would result in the non-tidal boundary (watercourse) being located at law generally closer to the opposite side of the watercourse than it was immediately before the registration of the first new plan of survey. (sec.108-ssec.5) Despite subsection (1) , on the registration of the first new plan of survey, the non-tidal boundary (watercourse) stays located at law in the same place it was located immediately before the registration of the first new plan of survey. (sec.108-ssec.6) Subsection (5) does not prevent subsequent movement of the non-tidal boundary (watercourse) through the application of the ambulatory boundary principles.