sec.109First exception for the boundary location criteria rule (non-tidal) provision (chief executive single lot declaration (non-tidal) exception)

### sec.109 First exception for the boundary location criteria rule (non-tidal) provision (chief executive single lot declaration (non-tidal) exception) This section provides for the location at law of the non-tidal boundary (watercourse) if the chief executive has by gazette notice under this section made a declaration (a single lot declaration (non-tidal) ) about the location of the non-tidal boundary (watercourse). The non-tidal boundary (watercourse) is, at law, a natural feature or anything else declared by the chief executive to be the non-tidal boundary (watercourse) for the land under the single lot declaration (non-tidal). 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 any natural feature declared by the chief executive to be the non-tidal boundary (watercourse). The chief executive may make a single lot declaration (non-tidal) only if— a plan of survey intended to be the first new plan of survey for the land has been lodged, or has been deposited with a view to subsequent lodgement; and it is not practicable to identify a natural feature for the purpose of applying the boundary location criteria rule (non-tidal) provision. To remove any doubt, it is declared that the single lot declaration (non-tidal) may incorporate by reference a map or plan held by the chief executive for identifying the location of the non-tidal boundary (watercourse). In making a single lot declaration (non-tidal), the chief executive must ensure the location of the non-tidal boundary (watercourse) to the greatest practicable extent complies with the requirements of the non-tidal boundary (watercourse) location criteria. However, in making the single lot declaration (non-tidal), the chief executive must ensure, to the greatest practicable extent, having regard to all relevant evidence, that the location of the non-tidal boundary (watercourse) as provided for in the single lot declaration (non-tidal) is not generally closer to the opposite side of the watercourse than the last known location of the non-tidal boundary (watercourse). The chief executive or registrar of titles may defer dealing with a first new plan of survey that has been lodged, or has been deposited with a view to subsequent lodgement, to allow the chief executive a reasonable time to investigate the making of, and to make, a single lot declaration (non-tidal). The following requirements apply for the making of a single lot declaration (non-tidal)— the chief executive must take reasonable steps to obtain the views of any registered owner or lessee of the land about the proposed declaration; the chief executive must make a decision that the chief executive intends to make the proposed declaration, and what the terms of the proposed declaration are to be; the chief executive must give the registered owner or lessee of the land written notice of— the decision and reasons for the decision; and the owner’s or lessee’s right to appeal against the decision and how the appeal is started; after any review of, and any appeal against, the decision have been completed, the chief executive may, unless, following review or appeal no declaration is to be made, make the single lot declaration (non-tidal)— in accordance with the decision; or if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted. s 109 ins 2010 No. 12 s 215 amd 2023 No. 2 s 85 (sec.109-ssec.1) This section provides for the location at law of the non-tidal boundary (watercourse) if the chief executive has by gazette notice under this section made a declaration (a single lot declaration (non-tidal) ) about the location of the non-tidal boundary (watercourse). (sec.109-ssec.2) The non-tidal boundary (watercourse) is, at law, a natural feature or anything else declared by the chief executive to be the non-tidal boundary (watercourse) for the land under the single lot declaration (non-tidal). (sec.109-ssec.3) 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 any natural feature declared by the chief executive to be the non-tidal boundary (watercourse). (sec.109-ssec.4) The chief executive may make a single lot declaration (non-tidal) only if— a plan of survey intended to be the first new plan of survey for the land has been lodged, or has been deposited with a view to subsequent lodgement; and it is not practicable to identify a natural feature for the purpose of applying the boundary location criteria rule (non-tidal) provision. (sec.109-ssec.5) To remove any doubt, it is declared that the single lot declaration (non-tidal) may incorporate by reference a map or plan held by the chief executive for identifying the location of the non-tidal boundary (watercourse). (sec.109-ssec.6) In making a single lot declaration (non-tidal), the chief executive must ensure the location of the non-tidal boundary (watercourse) to the greatest practicable extent complies with the requirements of the non-tidal boundary (watercourse) location criteria. (sec.109-ssec.7) However, in making the single lot declaration (non-tidal), the chief executive must ensure, to the greatest practicable extent, having regard to all relevant evidence, that the location of the non-tidal boundary (watercourse) as provided for in the single lot declaration (non-tidal) is not generally closer to the opposite side of the watercourse than the last known location of the non-tidal boundary (watercourse). (sec.109-ssec.8) The chief executive or registrar of titles may defer dealing with a first new plan of survey that has been lodged, or has been deposited with a view to subsequent lodgement, to allow the chief executive a reasonable time to investigate the making of, and to make, a single lot declaration (non-tidal). (sec.109-ssec.9) The following requirements apply for the making of a single lot declaration (non-tidal)— the chief executive must take reasonable steps to obtain the views of any registered owner or lessee of the land about the proposed declaration; the chief executive must make a decision that the chief executive intends to make the proposed declaration, and what the terms of the proposed declaration are to be; the chief executive must give the registered owner or lessee of the land written notice of— the decision and reasons for the decision; and the owner’s or lessee’s right to appeal against the decision and how the appeal is started; after any review of, and any appeal against, the decision have been completed, the chief executive may, unless, following review or appeal no declaration is to be made, make the single lot declaration (non-tidal)— in accordance with the decision; or if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted. - (a) a plan of survey intended to be the first new plan of survey for the land has been lodged, or has been deposited with a view to subsequent lodgement; and - (b) it is not practicable to identify a natural feature for the purpose of applying the boundary location criteria rule (non-tidal) provision. - (a) the chief executive must take reasonable steps to obtain the views of any registered owner or lessee of the land about the proposed declaration; - (b) the chief executive must make a decision that the chief executive intends to make the proposed declaration, and what the terms of the proposed declaration are to be; - (c) the chief executive must give the registered owner or lessee of the land written notice of— (i) the decision and reasons for the decision; and (ii) the owner’s or lessee’s right to appeal against the decision and how the appeal is started; - (i) the decision and reasons for the decision; and - (ii) the owner’s or lessee’s right to appeal against the decision and how the appeal is started; - (d) after any review of, and any appeal against, the decision have been completed, the chief executive may, unless, following review or appeal no declaration is to be made, make the single lot declaration (non-tidal)— (i) in accordance with the decision; or (ii) if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted. - (i) in accordance with the decision; or - (ii) if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted. - (i) the decision and reasons for the decision; and - (ii) the owner’s or lessee’s right to appeal against the decision and how the appeal is started; - (i) in accordance with the decision; or - (ii) if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted.