sec.70Meaning of tidal boundary of land

### sec.70 Meaning of tidal boundary of land A boundary of land is a tidal boundary if— under the source material for the land, the boundary is identified, either expressly or by necessary implication— with reference to water, however described, that is subject to tidal influence; or ‘by the right bank of the Maroochy River’ ‘high-water mark’ ‘by the high-water mark of Moreton Bay’ ‘mean high water springs’ other similar language relating to a bay, ocean or sea other similar language relating to a watercourse at a place where the waters of the watercourse are subject to tidal influence with reference to a natural feature or other thing whose existence and location are dependent on, or otherwise linked to the existence and location of, water that is subject to tidal influence; and the top of a bank running in proximity to the water’s edge at spring tide having regard to how the boundary is identified, it can not appropriately be represented on a plan of survey as a right line boundary. For subsection (1) , a boundary that would otherwise be a tidal boundary under subsection (1) is taken not to be a tidal boundary to the extent it is located upstream of a downstream limit identified on the watercourse identification map under the Water Act 2000 . s 70 ins 2010 No. 12 s 215 amd 2014 No. 64 s 254 sch 1 (sec.70-ssec.1) A boundary of land is a tidal boundary if— under the source material for the land, the boundary is identified, either expressly or by necessary implication— with reference to water, however described, that is subject to tidal influence; or ‘by the right bank of the Maroochy River’ ‘high-water mark’ ‘by the high-water mark of Moreton Bay’ ‘mean high water springs’ other similar language relating to a bay, ocean or sea other similar language relating to a watercourse at a place where the waters of the watercourse are subject to tidal influence with reference to a natural feature or other thing whose existence and location are dependent on, or otherwise linked to the existence and location of, water that is subject to tidal influence; and the top of a bank running in proximity to the water’s edge at spring tide having regard to how the boundary is identified, it can not appropriately be represented on a plan of survey as a right line boundary. (sec.70-ssec.2) For subsection (1) , a boundary that would otherwise be a tidal boundary under subsection (1) is taken not to be a tidal boundary to the extent it is located upstream of a downstream limit identified on the watercourse identification map under the Water Act 2000 . - (a) under the source material for the land, the boundary is identified, either expressly or by necessary implication— (i) with reference to water, however described, that is subject to tidal influence; or Examples of tidal boundary identifiers for subparagraph (i) — • ‘by the right bank of the Maroochy River’ • ‘high-water mark’ • ‘by the high-water mark of Moreton Bay’ • ‘mean high water springs’ • other similar language relating to a bay, ocean or sea • other similar language relating to a watercourse at a place where the waters of the watercourse are subject to tidal influence (ii) with reference to a natural feature or other thing whose existence and location are dependent on, or otherwise linked to the existence and location of, water that is subject to tidal influence; and Example of tidal boundary identifier for subparagraph (ii) — the top of a bank running in proximity to the water’s edge at spring tide - (i) with reference to water, however described, that is subject to tidal influence; or Examples of tidal boundary identifiers for subparagraph (i) — • ‘by the right bank of the Maroochy River’ • ‘high-water mark’ • ‘by the high-water mark of Moreton Bay’ • ‘mean high water springs’ • other similar language relating to a bay, ocean or sea • other similar language relating to a watercourse at a place where the waters of the watercourse are subject to tidal influence - • ‘by the right bank of the Maroochy River’ - • ‘high-water mark’ - • ‘by the high-water mark of Moreton Bay’ - • ‘mean high water springs’ - • other similar language relating to a bay, ocean or sea - • other similar language relating to a watercourse at a place where the waters of the watercourse are subject to tidal influence - (ii) with reference to a natural feature or other thing whose existence and location are dependent on, or otherwise linked to the existence and location of, water that is subject to tidal influence; and Example of tidal boundary identifier for subparagraph (ii) — the top of a bank running in proximity to the water’s edge at spring tide - (b) having regard to how the boundary is identified, it can not appropriately be represented on a plan of survey as a right line boundary. - (i) with reference to water, however described, that is subject to tidal influence; or Examples of tidal boundary identifiers for subparagraph (i) — • ‘by the right bank of the Maroochy River’ • ‘high-water mark’ • ‘by the high-water mark of Moreton Bay’ • ‘mean high water springs’ • other similar language relating to a bay, ocean or sea • other similar language relating to a watercourse at a place where the waters of the watercourse are subject to tidal influence - • ‘by the right bank of the Maroochy River’ - • ‘high-water mark’ - • ‘by the high-water mark of Moreton Bay’ - • ‘mean high water springs’ - • other similar language relating to a bay, ocean or sea - • other similar language relating to a watercourse at a place where the waters of the watercourse are subject to tidal influence - (ii) with reference to a natural feature or other thing whose existence and location are dependent on, or otherwise linked to the existence and location of, water that is subject to tidal influence; and Example of tidal boundary identifier for subparagraph (ii) — the top of a bank running in proximity to the water’s edge at spring tide - • ‘by the right bank of the Maroochy River’ - • ‘high-water mark’ - • ‘by the high-water mark of Moreton Bay’ - • ‘mean high water springs’ - • other similar language relating to a bay, ocean or sea - • other similar language relating to a watercourse at a place where the waters of the watercourse are subject to tidal influence