sec.62Definitions for part

### sec.62 Definitions for part In this part— ambulatory boundary principles means the principles applying under, and the operation generally of, the general law relating to boundaries of land bounded by water, whether tidal or non-tidal, and in particular the general law relating to— the change to the location at law of a boundary, having regard to any shift or modification over time of the feature constituting the boundary, by gradual and imperceptible degrees; and the absence of change to the location at law of a boundary, having regard to any shift or modification of the feature constituting the boundary that is not gradual and imperceptible, including, for example, a shift or modification caused by a flood or storm or another rapidly occurring natural process, or by substantial modification of land through human activity. associated material , for a plan of survey, means— anything that records, whether on the plan of survey, in field notes accompanying the plan of survey or anywhere else, any aspect of the survey the subject of the plan of survey, including any of the following— a measurement or analysis, including an electronically produced measurement or analysis, made for, or in relation to, the survey; information about survey marks for the survey; or directions and instructions applying to surveyors when the plan of survey is or was prepared. s 62 def associated material sub 2023 No. 2 s 76 (2) – (3) bar , in a watercourse, means a temporary accumulation of sediment— that is within the bed of the watercourse; and to which the following characteristics can generally be expected to apply— it is formed during the recession of flows in the watercourse when sediment is deposited in the bed of the watercourse; it is a dynamic feature, being changed by flow events in the watercourse; because of its dynamic nature as mentioned in subparagraph (ii) , its covering vegetation is immature, and not woody; it is made up of coarse materials, in particular, sand and gravel. bed and banks , of a lake, means the land that is normally covered by the water of the lake, whether permanently or intermittently, regardless of frequency, but does not include adjoining land from time to time covered in flood events. bench , in a watercourse, means a storage of sediment— that is within the channel of the watercourse; and to which the following characteristics can generally be expected to apply— it is higher than the bed of the watercourse and bars in the watercourse, but lower than the level of either outer bank of the watercourse; it is formed through sediment deposition during flow events in the watercourse that are at or near the level of either outer bank; it is a reasonably flat sediment deposit, reasonably straight or gently curved as viewed from above, and at least partly consolidated by riparian vegetation; it may be distinguished from a floodplain because the deposits making up a floodplain are finer and more layered. boundary location criteria rule (non-tidal) provision means section 109 . compiled plan of survey ... s 62 def compiled plan of survey amd 2021 No. 12 s 148 sch 3 om 2023 No. 2 s 76 (2) court means the Land Court. current adopted natural feature rule (non-tidal) exception provision means section 104 . current adopted natural feature rule (non-tidal) provision means section 103 . current adopted natural feature rule (tidal) provision means section 76 . declaration decision means a decision mentioned in section 83 (9) (b) , 93(10)(b), 109(9)(b) or 120(9)(b). s 62 def declaration decision amd 2023 No. 2 s 76 (4) deposit , in relation to a plan of survey, means deposit under a registration Act. depositional feature , in relation to a watercourse, means a deposit of clay, sand or silt that is carried during flows of water in the watercourse. mud deposited in cracks in rocks sand deposits behind rocks drainage feature means a natural landscape feature, including a gully, drain, drainage depression or other erosion feature that— is formed by the concentration of, or operates to confine or concentrate, overland flow water during and immediately after rainfall events; and flows for only a short duration after a rainfall event, regardless of the frequency of flow events; and commonly, does not have enough continuing flow to create a riverine environment. There is commonly an absence of water favouring riparian vegetation. floodplain means an area of reasonably flat land adjacent to a watercourse that— is covered from time to time by floodwater overflowing from the watercourse; and does not, other than in an upper valley reach of the watercourse, confine floodwater to generally follow the path of the watercourse; and has finer sediment deposits than the sediment deposits of any bench, bar or in-stream island in the watercourse. floodwater , in relation to a watercourse, means water that has overflowed the outer banks of the watercourse because of a flood event affecting the watercourse, and is on land near the watercourse. gradual change , of a natural feature, means any shift or modification over time of the natural feature, by gradual and imperceptible degrees. indigenous land means— Aboriginal land under the Aboriginal Land Act 1991 or Torres Strait Islander land under the Torres Strait Islander Land Act 1991 ; or land contained in a deed of grant in trust for a community purpose that is Aboriginal purposes or Torres Strait Islander purposes under the Land Act 1994 ; or any of the following land in the county of Torres, parish of Umaga— lot 48 on crown plan TS207; lot 1 on crown plan 846896; lot 55 on crown plan 846896. s 62 def indigenous land amd 2011 No. 26 s 189 sch ; 2014 No. 45 s 58 sch 1 pt 2 ; 2024 No. 12 s 131 sch 1 pt 1 in-stream island , in a watercourse, means a storage of sediment— that is within the channel of the watercourse; and to which the following characteristics can generally be expected to apply— it is formed by processes within the watercourse; its crest is not higher than either outer bank of the watercourse; it is a dynamic feature, being changed by flow events in the watercourse; it is made up of coarse materials, in particular, sand and gravel. intermittent , in relation to the flow of water in a watercourse or the collection of water in a lake, includes variable, having regard to seasonal variations, and to year by year variability of seasons. lake includes— a lagoon, swamp or other natural collection of water, whether permanent or intermittent; and the bed and banks of the lake, and any other element of the lake confining or containing the water of the lake. Land Title Act compensation provisions means the Land Title Act 1994 , sections 188 and 188A . lessee means a person who is registered in the land registry as the holder of a lease from the State. lodge means lodge under a registration Act. multiple lot declaration (non-tidal) see section 120 (1) . multiple lot declaration (non-tidal) provision means section 120 . multiple lot declaration (tidal) see section 93 (1) . multiple lot declaration (tidal) provision means section 93 . new plan of survey means a plan of survey registered after the commencement of this definition. new source material means source material that comes into force after the commencement of this definition. non-tidal boundary means— a non-tidal boundary (lake); or a non-tidal boundary (watercourse). non-tidal boundary (lake) see section 99 (1) . non-tidal boundary (watercourse) see section 99 (2) . non-tidal boundary (watercourse) location criteria means the criteria stated in section 100 . old plan of survey means a plan of survey registered, or otherwise recorded or recognised by the State as an authoritative instrument relating to land boundaries, before the commencement of this definition. original adopted natural feature rule (tidal) provision means section 80 . outer bank , of a watercourse, means a line or feature that is an outer bank of the watercourse under the Water Act 2000 . overland flow water see the Water Act 2000 , schedule 4 . plan of survey includes a plan of subdivision under a registration Act. Property Law Act relief provisions means the Property Law Act 2023 , part 10 , divisions 3 and 4 . s 62 def Property Law Act relief provisions amd 2023 No. 27 s 289 sch 3 public interest includes the cultural, environmental, heritage, land protection, planning, recreational, social and strategic interests of the public. register means register under a registration Act. registered owner , in relation to land that is freehold land, means the person recorded in the freehold land register as the person entitled to the fee simple interest in the land. registration Act means the Land Act 1994 or the Land Title Act 1994 , and if the context permits, includes an Act directly or indirectly superseded by the Land Act 1994 or the Land Title Act 1994 . relevant evidence , in relation to making a declaration under section 83 , 93 , 109 or 120 about the location of a boundary, means evidence relevant to identifying the location of the boundary, including, for example, the following evidence about a natural feature relevant to identifying the location of the boundary— evidence about the history of the location of the natural feature that is reasonably available to the chief executive; if soil samples, images or other material is obtained under section 25A in relation to the last known location of the natural feature—the findings arising from the analysis of the samples, images or material. s 62 def relevant evidence ins 2023 No. 2 s 76 (3) review decision see section 125 (1) . review notice day see section 125 (3) (a) . right line boundary , of land, means a boundary of the land to which all of the following apply— the boundary is represented, or, having regard to the source material for the land, would be represented, on a plan of survey for the land as a straight line or series of straight lines; the boundary’s location is fixed; the boundary’s location is marked on the ground, or, having regard to the source material for the land, would be marked on the ground, by the placement of survey marks that— delineate the boundary; or allow the location of the boundary to be worked out by reference to them; or are a combination of subparagraphs (i) and (ii) . scour mark , in relation to a watercourse, means— a mark made by the sweeping action of suspended sediments in water during flows in the watercourse; or a mark that can be identified by weathering stains, or the absence of lichens, on erosion-resistant surfaces of a bank of the watercourse. rock second exception for the original adopted natural feature rule (tidal) provision (applied criteria exception) means section 82 . single lot declaration (non-tidal) see section 109 (1) . single lot declaration (tidal) see section 83 (1) . source material , for land, means any instrument forming the origin of the land’s identity for the system of land titling or land administration in place in the State under the registration Acts. For freehold land, the most significant source material would ordinarily be the most recently issued deed of grant that granted the land in fee simple. A subsequently issued certificate of title under the Land Title Act 1994 following a subdivision or resurvey of all or part of the freehold land would not ordinarily be source material for the land or a part of the land. A map, plan of survey or other instrument that is contemporaneous with the deed of grant mentioned in example 1 could also be source material if, for example, it is at law justifiable to have recourse to it to better interpret the deed of grant. A subsequent plan of subdivision following a subdivision or resurvey of all or part of the freehold land would not ordinarily be source material for the land or a part of the land. For a road or reserve under the Land Act 1994 , the most significant source material would ordinarily be the instrument under which the road or reserve is dedicated. Source material could also include a map or a plan of survey that is contemporaneous with the dedication of the road or reserve. For land that is the subject of a lease, licence or permit under the Land Act 1994 , the most significant source material would ordinarily be the instrument of lease, licence or permit. Source material could also include an entry in a register relating to the identity of the land before the grant of the lease, licence or permit, and a map or a plan of survey that is contemporaneous with the grant of the lease, licence or permit or the making of the entry in the register. specified tidal boundary see section 71 . subsequent new plan of survey , for land having a tidal or non-tidal boundary, means a new plan of survey for the land, other than the first new plan of survey for the land. sudden change , of a natural feature, means any shift or modification of the natural feature that is not gradual change of the natural feature, whether by a natural process or by human activity. tidal boundary see section 70 . tidal boundary location criteria means the criteria stated in section 72 . watercourse see section 63 . s 62 ins 2010 No. 12 s 215 amd 2023 No. 2 s 76 (1) - (a) the change to the location at law of a boundary, having regard to any shift or modification over time of the feature constituting the boundary, by gradual and imperceptible degrees; and - (b) the absence of change to the location at law of a boundary, having regard to any shift or modification of the feature constituting the boundary that is not gradual and imperceptible, including, for example, a shift or modification caused by a flood or storm or another rapidly occurring natural process, or by substantial modification of land through human activity. - (a) anything that records, whether on the plan of survey, in field notes accompanying the plan of survey or anywhere else, any aspect of the survey the subject of the plan of survey, including any of the following— (i) a measurement or analysis, including an electronically produced measurement or analysis, made for, or in relation to, the survey; (ii) information about survey marks for the survey; or - (i) a measurement or analysis, including an electronically produced measurement or analysis, made for, or in relation to, the survey; - (ii) information about survey marks for the survey; or - (b) directions and instructions applying to surveyors when the plan of survey is or was prepared. - (i) a measurement or analysis, including an electronically produced measurement or analysis, made for, or in relation to, the survey; - (ii) information about survey marks for the survey; or - (a) that is within the bed of the watercourse; and - (b) to which the following characteristics can generally be expected to apply— (i) it is formed during the recession of flows in the watercourse when sediment is deposited in the bed of the watercourse; (ii) it is a dynamic feature, being changed by flow events in the watercourse; (iii) because of its dynamic nature as mentioned in subparagraph (ii) , its covering vegetation is immature, and not woody; (iv) it is made up of coarse materials, in particular, sand and gravel. - (i) it is formed during the recession of flows in the watercourse when sediment is deposited in the bed of the watercourse; - (ii) it is a dynamic feature, being changed by flow events in the watercourse; - (iii) because of its dynamic nature as mentioned in subparagraph (ii) , its covering vegetation is immature, and not woody; - (iv) it is made up of coarse materials, in particular, sand and gravel. - (i) it is formed during the recession of flows in the watercourse when sediment is deposited in the bed of the watercourse; - (ii) it is a dynamic feature, being changed by flow events in the watercourse; - (iii) because of its dynamic nature as mentioned in subparagraph (ii) , its covering vegetation is immature, and not woody; - (iv) it is made up of coarse materials, in particular, sand and gravel. - (a) that is within the channel of the watercourse; and - (b) to which the following characteristics can generally be expected to apply— (i) it is higher than the bed of the watercourse and bars in the watercourse, but lower than the level of either outer bank of the watercourse; (ii) it is formed through sediment deposition during flow events in the watercourse that are at or near the level of either outer bank; (iii) it is a reasonably flat sediment deposit, reasonably straight or gently curved as viewed from above, and at least partly consolidated by riparian vegetation; (iv) it may be distinguished from a floodplain because the deposits making up a floodplain are finer and more layered. - (i) it is higher than the bed of the watercourse and bars in the watercourse, but lower than the level of either outer bank of the watercourse; - (ii) it is formed through sediment deposition during flow events in the watercourse that are at or near the level of either outer bank; - (iii) it is a reasonably flat sediment deposit, reasonably straight or gently curved as viewed from above, and at least partly consolidated by riparian vegetation; - (iv) it may be distinguished from a floodplain because the deposits making up a floodplain are finer and more layered. - (i) it is higher than the bed of the watercourse and bars in the watercourse, but lower than the level of either outer bank of the watercourse; - (ii) it is formed through sediment deposition during flow events in the watercourse that are at or near the level of either outer bank; - (iii) it is a reasonably flat sediment deposit, reasonably straight or gently curved as viewed from above, and at least partly consolidated by riparian vegetation; - (iv) it may be distinguished from a floodplain because the deposits making up a floodplain are finer and more layered. - • mud deposited in cracks in rocks - • sand deposits behind rocks - (a) is formed by the concentration of, or operates to confine or concentrate, overland flow water during and immediately after rainfall events; and - (b) flows for only a short duration after a rainfall event, regardless of the frequency of flow events; and - (c) commonly, does not have enough continuing flow to create a riverine environment. Example for paragraph (c) — There is commonly an absence of water favouring riparian vegetation. - (a) is covered from time to time by floodwater overflowing from the watercourse; and - (b) does not, other than in an upper valley reach of the watercourse, confine floodwater to generally follow the path of the watercourse; and - (c) has finer sediment deposits than the sediment deposits of any bench, bar or in-stream island in the watercourse. - (a) Aboriginal land under the Aboriginal Land Act 1991 or Torres Strait Islander land under the Torres Strait Islander Land Act 1991 ; or - (b) land contained in a deed of grant in trust for a community purpose that is Aboriginal purposes or Torres Strait Islander purposes under the Land Act 1994 ; or - (c) any of the following land in the county of Torres, parish of Umaga— (i) lot 48 on crown plan TS207; (ii) lot 1 on crown plan 846896; (iii) lot 55 on crown plan 846896. - (i) lot 48 on crown plan TS207; - (ii) lot 1 on crown plan 846896; - (iii) lot 55 on crown plan 846896. - (i) lot 48 on crown plan TS207; - (ii) lot 1 on crown plan 846896; - (iii) lot 55 on crown plan 846896. - (a) that is within the channel of the watercourse; and - (b) to which the following characteristics can generally be expected to apply— (i) it is formed by processes within the watercourse; (ii) its crest is not higher than either outer bank of the watercourse; (iii) it is a dynamic feature, being changed by flow events in the watercourse; (iv) it is made up of coarse materials, in particular, sand and gravel. - (i) it is formed by processes within the watercourse; - (ii) its crest is not higher than either outer bank of the watercourse; - (iii) it is a dynamic feature, being changed by flow events in the watercourse; - (iv) it is made up of coarse materials, in particular, sand and gravel. - (i) it is formed by processes within the watercourse; - (ii) its crest is not higher than either outer bank of the watercourse; - (iii) it is a dynamic feature, being changed by flow events in the watercourse; - (iv) it is made up of coarse materials, in particular, sand and gravel. - (a) a lagoon, swamp or other natural collection of water, whether permanent or intermittent; and - (b) the bed and banks of the lake, and any other element of the lake confining or containing the water of the lake. - (a) a non-tidal boundary (lake); or - (b) a non-tidal boundary (watercourse). - (a) evidence about the history of the location of the natural feature that is reasonably available to the chief executive; - (b) if soil samples, images or other material is obtained under section 25A in relation to the last known location of the natural feature—the findings arising from the analysis of the samples, images or material. - (a) the boundary is represented, or, having regard to the source material for the land, would be represented, on a plan of survey for the land as a straight line or series of straight lines; - (b) the boundary’s location is fixed; - (c) the boundary’s location is marked on the ground, or, having regard to the source material for the land, would be marked on the ground, by the placement of survey marks that— (i) delineate the boundary; or (ii) allow the location of the boundary to be worked out by reference to them; or (iii) are a combination of subparagraphs (i) and (ii) . - (i) delineate the boundary; or - (ii) allow the location of the boundary to be worked out by reference to them; or - (iii) are a combination of subparagraphs (i) and (ii) . - (i) delineate the boundary; or - (ii) allow the location of the boundary to be worked out by reference to them; or - (iii) are a combination of subparagraphs (i) and (ii) . - (a) a mark made by the sweeping action of suspended sediments in water during flows in the watercourse; or - (b) a mark that can be identified by weathering stains, or the absence of lichens, on erosion-resistant surfaces of a bank of the watercourse. Example of an erosion-resistant surface— rock - 1 For freehold land, the most significant source material would ordinarily be the most recently issued deed of grant that granted the land in fee simple. A subsequently issued certificate of title under the Land Title Act 1994 following a subdivision or resurvey of all or part of the freehold land would not ordinarily be source material for the land or a part of the land. - 2 A map, plan of survey or other instrument that is contemporaneous with the deed of grant mentioned in example 1 could also be source material if, for example, it is at law justifiable to have recourse to it to better interpret the deed of grant. A subsequent plan of subdivision following a subdivision or resurvey of all or part of the freehold land would not ordinarily be source material for the land or a part of the land. - 3 For a road or reserve under the Land Act 1994 , the most significant source material would ordinarily be the instrument under which the road or reserve is dedicated. Source material could also include a map or a plan of survey that is contemporaneous with the dedication of the road or reserve. - 4 For land that is the subject of a lease, licence or permit under the Land Act 1994 , the most significant source material would ordinarily be the instrument of lease, licence or permit. Source material could also include an entry in a register relating to the identity of the land before the grant of the lease, licence or permit, and a map or a plan of survey that is contemporaneous with the grant of the lease, licence or permit or the making of the entry in the register.