sec.71Meaning of specified tidal boundary

### sec.71 Meaning of specified tidal boundary A tidal boundary of land is a specified tidal boundary if, under the source material for the land, the identification of the tidal boundary is specific rather than general in relation to the element of tidal influence, including for example, a description of the tidal boundary that— uses the expression ‘mean high water springs’ or ‘ordinary high-water mark at spring tides’; or uses some other form of words to describe the tidal boundary that indicates a clear intention to locate the boundary at a specific tidal plane. Also, a tidal boundary of land is a specified tidal boundary if— under the source material for the land, the identification of the tidal boundary is general rather than specific in relation to the element of tidal influence; and the source material was in force for the land on the commencement of this division and is, or includes, a deed of grant issued under— the Land Act 1994 , section 358 (3) (b) following a surrender under section 358 (2) (b) of that Act; or provisions of the repealed Land Act 1962 , or an earlier Act relating to the creation of freehold land, corresponding to the provisions mentioned in subparagraph (i) . Without limiting what may be an identification of a tidal boundary that is general rather than specific, the identification of a tidal boundary is taken to be general rather than specific if it does not use a form of words to describe the tidal boundary that indicates a clear intention to locate the boundary at a specific tidal plane. ‘by the left bank of the Endeavour River’ ‘high-water mark’ ‘by the high-water mark of Moreton Bay’ s 71 ins 2010 No. 12 s 215 (sec.71-ssec.1) A tidal boundary of land is a specified tidal boundary if, under the source material for the land, the identification of the tidal boundary is specific rather than general in relation to the element of tidal influence, including for example, a description of the tidal boundary that— uses the expression ‘mean high water springs’ or ‘ordinary high-water mark at spring tides’; or uses some other form of words to describe the tidal boundary that indicates a clear intention to locate the boundary at a specific tidal plane. (sec.71-ssec.2) Also, a tidal boundary of land is a specified tidal boundary if— under the source material for the land, the identification of the tidal boundary is general rather than specific in relation to the element of tidal influence; and the source material was in force for the land on the commencement of this division and is, or includes, a deed of grant issued under— the Land Act 1994 , section 358 (3) (b) following a surrender under section 358 (2) (b) of that Act; or provisions of the repealed Land Act 1962 , or an earlier Act relating to the creation of freehold land, corresponding to the provisions mentioned in subparagraph (i) . (sec.71-ssec.3) Without limiting what may be an identification of a tidal boundary that is general rather than specific, the identification of a tidal boundary is taken to be general rather than specific if it does not use a form of words to describe the tidal boundary that indicates a clear intention to locate the boundary at a specific tidal plane. ‘by the left bank of the Endeavour River’ ‘high-water mark’ ‘by the high-water mark of Moreton Bay’ - (a) uses the expression ‘mean high water springs’ or ‘ordinary high-water mark at spring tides’; or - (b) uses some other form of words to describe the tidal boundary that indicates a clear intention to locate the boundary at a specific tidal plane. - (a) under the source material for the land, the identification of the tidal boundary is general rather than specific in relation to the element of tidal influence; and - (b) the source material was in force for the land on the commencement of this division and is, or includes, a deed of grant issued under— (i) the Land Act 1994 , section 358 (3) (b) following a surrender under section 358 (2) (b) of that Act; or (ii) provisions of the repealed Land Act 1962 , or an earlier Act relating to the creation of freehold land, corresponding to the provisions mentioned in subparagraph (i) . - (i) the Land Act 1994 , section 358 (3) (b) following a surrender under section 358 (2) (b) of that Act; or - (ii) provisions of the repealed Land Act 1962 , or an earlier Act relating to the creation of freehold land, corresponding to the provisions mentioned in subparagraph (i) . - (i) the Land Act 1994 , section 358 (3) (b) following a surrender under section 358 (2) (b) of that Act; or - (ii) provisions of the repealed Land Act 1962 , or an earlier Act relating to the creation of freehold land, corresponding to the provisions mentioned in subparagraph (i) . - • ‘by the left bank of the Endeavour River’ - • ‘high-water mark’ - • ‘by the high-water mark of Moreton Bay’