QLDIn ForceAct
Survey and Mapping Infrastructure Act 2003
sec.65ASpecial provision for old plans of survey
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### sec.65A Special provision for old plans of survey
This section applies in relation to an old plan of survey that—
adopts a natural feature for representing a tidal or non-tidal boundary of land; and
has not been superseded by a new plan of survey.
The natural feature is taken to have been adopted in compliance with the directions and instructions applying to surveyors when the old plan of survey was prepared if—
a natural feature exists in a location that—
corresponds with the location of a boundary shown on the old plan of survey; or
differs to the location mentioned in subparagraph (i) only to an extent attributable to a gradual change of a natural feature; and
it is possible to describe the natural feature mentioned in paragraph (a) .
Subsection (2) does not apply in relation to directions or instructions applying to surveyors about—
tidal planes; or
the adoption of the line of intersection of a particular level of water flow with land; or
the adoption of the notional middle line separating the lands of owners on opposite sides of a watercourse.
s 65A ins 2023 No. 2 s 78
(sec.65A-ssec.1) This section applies in relation to an old plan of survey that— adopts a natural feature for representing a tidal or non-tidal boundary of land; and has not been superseded by a new plan of survey.
(sec.65A-ssec.2) The natural feature is taken to have been adopted in compliance with the directions and instructions applying to surveyors when the old plan of survey was prepared if— a natural feature exists in a location that— corresponds with the location of a boundary shown on the old plan of survey; or differs to the location mentioned in subparagraph (i) only to an extent attributable to a gradual change of a natural feature; and it is possible to describe the natural feature mentioned in paragraph (a) .
(sec.65A-ssec.3) Subsection (2) does not apply in relation to directions or instructions applying to surveyors about— tidal planes; or the adoption of the line of intersection of a particular level of water flow with land; or the adoption of the notional middle line separating the lands of owners on opposite sides of a watercourse.
- (a) adopts a natural feature for representing a tidal or non-tidal boundary of land; and
- (b) has not been superseded by a new plan of survey.
- (a) a natural feature exists in a location that— (i) corresponds with the location of a boundary shown on the old plan of survey; or (ii) differs to the location mentioned in subparagraph (i) only to an extent attributable to a gradual change of a natural feature; and
- (i) corresponds with the location of a boundary shown on the old plan of survey; or
- (ii) differs to the location mentioned in subparagraph (i) only to an extent attributable to a gradual change of a natural feature; and
- (b) it is possible to describe the natural feature mentioned in paragraph (a) .
- (i) corresponds with the location of a boundary shown on the old plan of survey; or
- (ii) differs to the location mentioned in subparagraph (i) only to an extent attributable to a gradual change of a natural feature; and
- (a) tidal planes; or
- (b) the adoption of the line of intersection of a particular level of water flow with land; or
- (c) the adoption of the notional middle line separating the lands of owners on opposite sides of a watercourse.