sec.72Tidal boundary location criteria

### sec.72 Tidal boundary location criteria The first criterion is that the tidal boundary must not be subject to tidal inundation under any combination of astronomical conditions and average meteorological conditions. The second criterion is that the tidal boundary must be on the landward side of any sandy beaches, foredunes, mangroves, sea grasses, salt grasses, salt marshes, saltpans, intertidal flats, tidal sand banks and other similar features. The third criterion is that the location of the tidal boundary must be consistent with the public interest. The fourth criterion is that the tidal boundary— must be in a stable location that has been shown to have long term sustainability under normal seasonal events; and must not require any construction to keep it free from complete or partial inundation or obliteration. The fifth criterion is that a natural feature must be adopted as the tidal boundary unless there is no natural feature in reasonable proximity to where the tidal boundary must be located, having regard to the description of the boundary in the source material for the land. the top or bottom of a bank, a natural geomorphic form, a change in grade of the natural landform, a change in type of native vegetation The sixth criterion is that if the fourth criterion can not be complied with, and no natural feature can be adopted under the fifth criterion, the tidal boundary chosen must nevertheless be on the landward side of any sandy beaches or sandy dunes and of any active erosion areas that have no natural vegetation. The edge of vegetation that is above the highest astronomical tide could be adopted as the tidal boundary. s 72 ins 2010 No. 12 s 215 (sec.72-ssec.1) The first criterion is that the tidal boundary must not be subject to tidal inundation under any combination of astronomical conditions and average meteorological conditions. (sec.72-ssec.2) The second criterion is that the tidal boundary must be on the landward side of any sandy beaches, foredunes, mangroves, sea grasses, salt grasses, salt marshes, saltpans, intertidal flats, tidal sand banks and other similar features. (sec.72-ssec.3) The third criterion is that the location of the tidal boundary must be consistent with the public interest. (sec.72-ssec.4) The fourth criterion is that the tidal boundary— must be in a stable location that has been shown to have long term sustainability under normal seasonal events; and must not require any construction to keep it free from complete or partial inundation or obliteration. (sec.72-ssec.5) The fifth criterion is that a natural feature must be adopted as the tidal boundary unless there is no natural feature in reasonable proximity to where the tidal boundary must be located, having regard to the description of the boundary in the source material for the land. the top or bottom of a bank, a natural geomorphic form, a change in grade of the natural landform, a change in type of native vegetation (sec.72-ssec.6) The sixth criterion is that if the fourth criterion can not be complied with, and no natural feature can be adopted under the fifth criterion, the tidal boundary chosen must nevertheless be on the landward side of any sandy beaches or sandy dunes and of any active erosion areas that have no natural vegetation. The edge of vegetation that is above the highest astronomical tide could be adopted as the tidal boundary. - (a) must be in a stable location that has been shown to have long term sustainability under normal seasonal events; and - (b) must not require any construction to keep it free from complete or partial inundation or obliteration.