sec.81First exception for the original adopted natural feature rule (tidal) provision (alternative natural feature exception)

### sec.81 First exception for the original adopted natural feature rule (tidal) provision (alternative natural feature exception) This section provides for an alternative for the location at law of the tidal boundary, but applies only if the land was freehold land when this section commenced. This alternative applies if, although the original adopted natural feature rule (tidal) provision can be applied to establish the location (the location under the rule ), there exists, on the same side of the location under the rule as the water subject to tidal influence, a natural feature (the alternative natural feature ) that complies with the requirements of the first, second, third and fourth of the tidal boundary location criteria. The cadastral surveyor may adopt the alternative natural feature for representation on the first new plan of survey. The surveyor must consult with the registered owner of the land before acting under subsection (3) . If the alternative natural feature is adopted, the tidal boundary is, at law, the alternative natural feature, taking into account the application of the ambulatory boundary principles to the adopted natural feature after the registration of the first new plan of survey. In this section— water subject to tidal influence , in relation to the location under the rule, means the water that is relevant to the identification of the tidal boundary as a tidal boundary. s 81 ins 2010 No. 12 s 215 (sec.81-ssec.1) This section provides for an alternative for the location at law of the tidal boundary, but applies only if the land was freehold land when this section commenced. (sec.81-ssec.2) This alternative applies if, although the original adopted natural feature rule (tidal) provision can be applied to establish the location (the location under the rule ), there exists, on the same side of the location under the rule as the water subject to tidal influence, a natural feature (the alternative natural feature ) that complies with the requirements of the first, second, third and fourth of the tidal boundary location criteria. (sec.81-ssec.3) The cadastral surveyor may adopt the alternative natural feature for representation on the first new plan of survey. (sec.81-ssec.4) The surveyor must consult with the registered owner of the land before acting under subsection (3) . (sec.81-ssec.5) If the alternative natural feature is adopted, the tidal boundary is, at law, the alternative natural feature, taking into account the application of the ambulatory boundary principles to the adopted natural feature after the registration of the first new plan of survey. (sec.81-ssec.6) In this section— water subject to tidal influence , in relation to the location under the rule, means the water that is relevant to the identification of the tidal boundary as a tidal boundary.