sec.80Original adopted natural feature rule (tidal) provision

### sec.80 Original adopted natural feature rule (tidal) provision This section applies if— an old plan of survey, whether or not it is the most recently registered or 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; and the old plan of survey was the first plan of survey to be registered or otherwise become authoritative in relation to the land that adopted a natural feature for representing the tidal boundary. For subsection (1) (a) , the adoption of the line of intersection of a tidal plane with land is not 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 registration of the first new plan of survey. Subsection (3) has effect even if, immediately before the registration of the first new plan of survey, the tidal boundary was, at law, having regard to the provisions of subdivision 2 , located in a different place. Immediately before the registration of the first new plan of survey, the tidal boundary may have been located at law, having regard to subdivision 2 , at the current line of mean high water springs. However, the first old plan of survey for the land to adopt a natural feature (other than the line of intersection of a tidal plane with land) to represent the tidal boundary adopted an adjacent top of a bank to represent the boundary. On the registration of the first new plan of survey, the location at law of the tidal boundary changes to the current location of the top of the bank. s 80 ins 2010 No. 12 s 215 (sec.80-ssec.1) This section applies if— an old plan of survey, whether or not it is the most recently registered or 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; and the old plan of survey was the first plan of survey to be registered or otherwise become authoritative in relation to the land that adopted a natural feature for representing the tidal boundary. (sec.80-ssec.2) For subsection (1) (a) , the adoption of the line of intersection of a tidal plane with land is not sufficient to have achieved the adoption of a natural feature. (sec.80-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 registration of the first new plan of survey. (sec.80-ssec.4) Subsection (3) has effect even if, immediately before the registration of the first new plan of survey, the tidal boundary was, at law, having regard to the provisions of subdivision 2 , located in a different place. Immediately before the registration of the first new plan of survey, the tidal boundary may have been located at law, having regard to subdivision 2 , at the current line of mean high water springs. However, the first old plan of survey for the land to adopt a natural feature (other than the line of intersection of a tidal plane with land) to represent the tidal boundary adopted an adjacent top of a bank to represent the boundary. On the registration of the first new plan of survey, the location at law of the tidal boundary changes to the current location of the top of the bank. - (a) an old plan of survey, whether or not it is the most recently registered or 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; and - (b) the old plan of survey was the first plan of survey to be registered or otherwise become authoritative in relation to the land that adopted a natural feature for representing the tidal boundary.