sec.76Current adopted natural feature rule (tidal) provision

### sec.76 Current adopted natural feature rule (tidal) provision This section applies if an old plan of survey that is the most recently registered or that is otherwise currently authoritative in relation to the land, together with any associated material for the plan, clearly adopted a natural feature for representing the tidal boundary. landward edge of mangroves, seaward edge of grassy dune, stable toe of dune For subsection (1) , the adoption of the line of intersection of a tidal plane with land is sufficient to have achieved the adoption of a natural feature. The tidal boundary is, at law, the adopted natural feature, taking into account the application of the ambulatory boundary principles to the adopted natural feature both before and after the commencement of this division. Immediately before the commencement of this division, the tidal boundary may have been located, at law, having regard strictly to the terms of a deed of grant, at the current line of mean high water springs. Further, the most recently registered plan of survey for the land adopted the line of mean high water springs, rather than a natural feature such as the top of a bank, to represent the tidal boundary. On the commencement of this division, the tidal boundary remains as mean high water springs until a new plan of survey is registered. Subsection (3) has effect even if, immediately before the commencement of this division, the tidal boundary was at law located in a different place. Immediately before the commencement of this division, the tidal boundary may have been located at law, having regard strictly to the terms of a deed of grant, at the current line of mean high water springs. However, the most recently registered plan of survey for the land adopted an adjacent top of a bank to represent the boundary. On the commencement of this division, the tidal boundary changes to the current location of the top of the bank. s 76 ins 2010 No. 12 s 215 (sec.76-ssec.1) This section applies if an old plan of survey that is the most recently registered or that is otherwise currently authoritative in relation to the land, together with any associated material for the plan, clearly adopted a natural feature for representing the tidal boundary. landward edge of mangroves, seaward edge of grassy dune, stable toe of dune (sec.76-ssec.2) For subsection (1) , the adoption of the line of intersection of a tidal plane with land is sufficient to have achieved the adoption of a natural feature. (sec.76-ssec.3) The tidal boundary is, at law, the adopted natural feature, taking into account the application of the ambulatory boundary principles to the adopted natural feature both before and after the commencement of this division. Immediately before the commencement of this division, the tidal boundary may have been located, at law, having regard strictly to the terms of a deed of grant, at the current line of mean high water springs. Further, the most recently registered plan of survey for the land adopted the line of mean high water springs, rather than a natural feature such as the top of a bank, to represent the tidal boundary. On the commencement of this division, the tidal boundary remains as mean high water springs until a new plan of survey is registered. (sec.76-ssec.4) Subsection (3) has effect even if, immediately before the commencement of this division, the tidal boundary was at law located in a different place. Immediately before the commencement of this division, the tidal boundary may have been located at law, having regard strictly to the terms of a deed of grant, at the current line of mean high water springs. However, the most recently registered plan of survey for the land adopted an adjacent top of a bank to represent the boundary. On the commencement of this division, the tidal boundary changes to the current location of the top of the bank.