sec.120Multiple lot declaration (non-tidal) provision

### sec.120 Multiple lot declaration (non-tidal) provision The chief executive may by gazette notice make a declaration (a multiple lot declaration (non-tidal) ) under this section providing for the location of the non-tidal boundary (watercourse) of each of 2 or more lots (each a relevant lot ). The chief executive may make a multiple lot declaration (non-tidal) even if, for any relevant lot— a new plan of survey has been lodged, or has been deposited with a view to subsequent lodgement; or there has already been 1 or more new plans of survey registered. However, the chief executive may make a multiple lot declaration (non-tidal) only if— at any time before the commencement of this section— all the land (the original land ) constituting the relevant lots was the subject of one old plan of survey (the original old plan of survey ), whether or not any other land was also the subject of the original old plan of survey; and the non-tidal boundary (watercourse) of the original land was represented on the original old plan of survey by an adopted natural feature (the original adopted natural feature ); and The original land was represented on the original old plan of survey as being bounded by a bank, and if the original land was made up of 2 or more lots, each lot was represented on the original plan of survey as being bounded by a separate length of that bank. on a consideration of all the relevant lots taken as a whole, any suitable natural feature that could be adopted as the non-tidal boundary (watercourse) for the relevant lots under the non-tidal boundary (watercourse) location criteria has effectively been obliterated. On and from the registration of the next new plan of survey for a relevant lot— the non-tidal boundary (watercourse) of the relevant lot is, at law, the line that would describe on the ground the line declared by the chief executive to be the non-tidal boundary (watercourse) for the lot under the multiple lot declaration (non-tidal); and the non-tidal boundary (watercourse) is taken to be fixed as if it were a right line boundary. To remove any doubt, it is declared that the gazette notice may incorporate by reference a map or plan held by the chief executive for identifying the location of the non-tidal boundary (watercourse) of the relevant lots. In making a multiple 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 multiple lot declaration (non-tidal) is not generally closer to the opposite side of the watercourse than the last known location of the original adopted natural feature. On and from the registration of the next new plan of survey for a relevant lot, the lot is taken still to be land having a non-tidal boundary (watercourse), even though the location of the boundary becomes fixed as provided for under subsection (4) (b) . The chief executive or registrar of titles may defer dealing with a 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 if considered appropriate, to make, a multiple lot declaration (non-tidal). The following requirements apply for the making of a multiple lot declaration (non-tidal)— the chief executive must take reasonable steps to obtain the views of any registered owner or lessee of each relevant lot 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 each relevant lot 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 multiple 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. Division 4 , subdivisions 3 and 4 do not provide for the location at law of a non-tidal boundary (watercourse) of land to the extent their operation would be inconsistent with the operation of this section. s 120 ins 2010 No. 12 s 215 amd 2023 No. 2 s 87 (sec.120-ssec.1) The chief executive may by gazette notice make a declaration (a multiple lot declaration (non-tidal) ) under this section providing for the location of the non-tidal boundary (watercourse) of each of 2 or more lots (each a relevant lot ). (sec.120-ssec.2) The chief executive may make a multiple lot declaration (non-tidal) even if, for any relevant lot— a new plan of survey has been lodged, or has been deposited with a view to subsequent lodgement; or there has already been 1 or more new plans of survey registered. (sec.120-ssec.3) However, the chief executive may make a multiple lot declaration (non-tidal) only if— at any time before the commencement of this section— all the land (the original land ) constituting the relevant lots was the subject of one old plan of survey (the original old plan of survey ), whether or not any other land was also the subject of the original old plan of survey; and the non-tidal boundary (watercourse) of the original land was represented on the original old plan of survey by an adopted natural feature (the original adopted natural feature ); and The original land was represented on the original old plan of survey as being bounded by a bank, and if the original land was made up of 2 or more lots, each lot was represented on the original plan of survey as being bounded by a separate length of that bank. on a consideration of all the relevant lots taken as a whole, any suitable natural feature that could be adopted as the non-tidal boundary (watercourse) for the relevant lots under the non-tidal boundary (watercourse) location criteria has effectively been obliterated. (sec.120-ssec.4) On and from the registration of the next new plan of survey for a relevant lot— the non-tidal boundary (watercourse) of the relevant lot is, at law, the line that would describe on the ground the line declared by the chief executive to be the non-tidal boundary (watercourse) for the lot under the multiple lot declaration (non-tidal); and the non-tidal boundary (watercourse) is taken to be fixed as if it were a right line boundary. (sec.120-ssec.5) To remove any doubt, it is declared that the gazette notice may incorporate by reference a map or plan held by the chief executive for identifying the location of the non-tidal boundary (watercourse) of the relevant lots. (sec.120-ssec.6) In making a multiple 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 multiple lot declaration (non-tidal) is not generally closer to the opposite side of the watercourse than the last known location of the original adopted natural feature. (sec.120-ssec.7) On and from the registration of the next new plan of survey for a relevant lot, the lot is taken still to be land having a non-tidal boundary (watercourse), even though the location of the boundary becomes fixed as provided for under subsection (4) (b) . (sec.120-ssec.8) The chief executive or registrar of titles may defer dealing with a 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 if considered appropriate, to make, a multiple lot declaration (non-tidal). (sec.120-ssec.9) The following requirements apply for the making of a multiple lot declaration (non-tidal)— the chief executive must take reasonable steps to obtain the views of any registered owner or lessee of each relevant lot 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 each relevant lot 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 multiple 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. (sec.120-ssec.10) Division 4 , subdivisions 3 and 4 do not provide for the location at law of a non-tidal boundary (watercourse) of land to the extent their operation would be inconsistent with the operation of this section. - (a) a new plan of survey has been lodged, or has been deposited with a view to subsequent lodgement; or - (b) there has already been 1 or more new plans of survey registered. - (a) at any time before the commencement of this section— (i) all the land (the original land ) constituting the relevant lots was the subject of one old plan of survey (the original old plan of survey ), whether or not any other land was also the subject of the original old plan of survey; and (ii) the non-tidal boundary (watercourse) of the original land was represented on the original old plan of survey by an adopted natural feature (the original adopted natural feature ); and Example for paragraph (a) — The original land was represented on the original old plan of survey as being bounded by a bank, and if the original land was made up of 2 or more lots, each lot was represented on the original plan of survey as being bounded by a separate length of that bank. - (i) all the land (the original land ) constituting the relevant lots was the subject of one old plan of survey (the original old plan of survey ), whether or not any other land was also the subject of the original old plan of survey; and - (ii) the non-tidal boundary (watercourse) of the original land was represented on the original old plan of survey by an adopted natural feature (the original adopted natural feature ); and - (b) on a consideration of all the relevant lots taken as a whole, any suitable natural feature that could be adopted as the non-tidal boundary (watercourse) for the relevant lots under the non-tidal boundary (watercourse) location criteria has effectively been obliterated. - (i) all the land (the original land ) constituting the relevant lots was the subject of one old plan of survey (the original old plan of survey ), whether or not any other land was also the subject of the original old plan of survey; and - (ii) the non-tidal boundary (watercourse) of the original land was represented on the original old plan of survey by an adopted natural feature (the original adopted natural feature ); and - (a) the non-tidal boundary (watercourse) of the relevant lot is, at law, the line that would describe on the ground the line declared by the chief executive to be the non-tidal boundary (watercourse) for the lot under the multiple lot declaration (non-tidal); and - (b) the non-tidal boundary (watercourse) is taken to be fixed as if it were a right line boundary. - (a) the chief executive must take reasonable steps to obtain the views of any registered owner or lessee of each relevant lot 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 each relevant lot 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 multiple 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.