sec.83Third exception for the original adopted natural feature rule (tidal) provision (chief executive single lot declaration (tidal) exception)

### sec.83 Third exception for the original adopted natural feature rule (tidal) provision (chief executive single lot declaration (tidal) exception) This section provides for the location at law of the tidal boundary if the chief executive has by gazette notice under this section made a declaration (a single lot declaration (tidal) ) about the location of the tidal boundary. The tidal boundary is, at law, the natural feature or anything else declared by the chief executive to be the tidal boundary for the land under the single lot declaration (tidal). To decide where the tidal boundary is located at any time after the registration of the first new plan of survey, there must be taken into account the application of the ambulatory boundary principles to any natural feature declared by the chief executive to be the tidal boundary. The chief executive may make a single lot declaration (tidal) only if a plan of survey intended to be the first new plan of survey for the land has been lodged, or has been deposited with a view to subsequent lodgement. Subject to subsection (4) , the chief executive may make a single lot declaration (tidal) only if— the original adopted natural feature rule (tidal) provision would otherwise apply, but— it is not possible to make a meaningful correspondence between the evidence on the old plan of survey of the adopted natural feature and evidence on the ground of any natural feature; or the adopted natural feature is currently located in a substantially different location than it would have been if it had been the subject of only gradual change since it was adopted in the old plan of survey; or the natural feature adopted for representing the tidal boundary in the old plan of survey was different from the natural feature that should have been adopted, having regard to the directions and instructions applying to surveyors when the old plan of survey was prepared; or because of circumstances not otherwise provided for in this subdivision, the original adopted natural feature rule (tidal) provision can not practicably be applied; or all of the following apply— the directions and instructions applying to surveyors when an old plan of survey was prepared were not correctly complied with; if they had been complied with, the old plan of survey would have been the first old plan of survey to be registered or otherwise become authoritative in relation to the land that clearly adopted a natural feature (other than the line of intersection of a tidal plane with land) for representing the tidal boundary; the old plan of survey instead incorrectly adopted a line other than a natural feature for representing the tidal boundary; or the second exception for the original adopted natural feature rule (tidal) provision (applied criteria exception) would otherwise have applied to locate the tidal boundary. To remove any doubt, it is declared that the single lot declaration (tidal) may incorporate by reference a map or plan held by the chief executive for identifying the tidal boundary. In making a single lot declaration (tidal), the chief executive must ensure the location of the tidal boundary to the greatest practicable extent, having regard to all relevant evidence, complies with the requirements of the first, second and third of the tidal boundary location criteria. The chief executive or registrar of titles may defer dealing with a first new plan of survey that has been lodged, or has been deposited with a view to subsequent lodgement, to allow the chief executive a reasonable time to investigate and make a single lot declaration (tidal). The following requirements apply for the making of a single lot declaration (tidal)— the chief executive must take reasonable steps to obtain the views of any registered owner or lessee of the land about the proposed declaration; the chief executive must make a decision that the chief executive intends to make the proposed declaration, and what the terms of the proposed declaration are to be; the chief executive must give the registered owner or lessee of the land written notice of— the decision and reasons for the decision; and the owner’s or lessee’s right to appeal against the decision and how the appeal is started; after any review of, and any appeal against, the decision have been completed, the chief executive may, unless following review or appeal no declaration is to be made, make the single lot declaration (tidal)— in accordance with the decision; or if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted. s 83 ins 2010 No. 12 s 215 amd 2023 No. 2 s 80 (sec.83-ssec.1) This section provides for the location at law of the tidal boundary if the chief executive has by gazette notice under this section made a declaration (a single lot declaration (tidal) ) about the location of the tidal boundary. (sec.83-ssec.2) The tidal boundary is, at law, the natural feature or anything else declared by the chief executive to be the tidal boundary for the land under the single lot declaration (tidal). (sec.83-ssec.3) To decide where the tidal boundary is located at any time after the registration of the first new plan of survey, there must be taken into account the application of the ambulatory boundary principles to any natural feature declared by the chief executive to be the tidal boundary. (sec.83-ssec.4) The chief executive may make a single lot declaration (tidal) only if a plan of survey intended to be the first new plan of survey for the land has been lodged, or has been deposited with a view to subsequent lodgement. (sec.83-ssec.5) Subject to subsection (4) , the chief executive may make a single lot declaration (tidal) only if— the original adopted natural feature rule (tidal) provision would otherwise apply, but— it is not possible to make a meaningful correspondence between the evidence on the old plan of survey of the adopted natural feature and evidence on the ground of any natural feature; or the adopted natural feature is currently located in a substantially different location than it would have been if it had been the subject of only gradual change since it was adopted in the old plan of survey; or the natural feature adopted for representing the tidal boundary in the old plan of survey was different from the natural feature that should have been adopted, having regard to the directions and instructions applying to surveyors when the old plan of survey was prepared; or because of circumstances not otherwise provided for in this subdivision, the original adopted natural feature rule (tidal) provision can not practicably be applied; or all of the following apply— the directions and instructions applying to surveyors when an old plan of survey was prepared were not correctly complied with; if they had been complied with, the old plan of survey would have been the first old plan of survey to be registered or otherwise become authoritative in relation to the land that clearly adopted a natural feature (other than the line of intersection of a tidal plane with land) for representing the tidal boundary; the old plan of survey instead incorrectly adopted a line other than a natural feature for representing the tidal boundary; or the second exception for the original adopted natural feature rule (tidal) provision (applied criteria exception) would otherwise have applied to locate the tidal boundary. (sec.83-ssec.6) To remove any doubt, it is declared that the single lot declaration (tidal) may incorporate by reference a map or plan held by the chief executive for identifying the tidal boundary. (sec.83-ssec.7) In making a single lot declaration (tidal), the chief executive must ensure the location of the tidal boundary to the greatest practicable extent, having regard to all relevant evidence, complies with the requirements of the first, second and third of the tidal boundary location criteria. (sec.83-ssec.8) The chief executive or registrar of titles may defer dealing with a first new plan of survey that has been lodged, or has been deposited with a view to subsequent lodgement, to allow the chief executive a reasonable time to investigate and make a single lot declaration (tidal). (sec.83-ssec.9) The following requirements apply for the making of a single lot declaration (tidal)— the chief executive must take reasonable steps to obtain the views of any registered owner or lessee of the land about the proposed declaration; the chief executive must make a decision that the chief executive intends to make the proposed declaration, and what the terms of the proposed declaration are to be; the chief executive must give the registered owner or lessee of the land written notice of— the decision and reasons for the decision; and the owner’s or lessee’s right to appeal against the decision and how the appeal is started; after any review of, and any appeal against, the decision have been completed, the chief executive may, unless following review or appeal no declaration is to be made, make the single lot declaration (tidal)— in accordance with the decision; or if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted. - (a) the original adopted natural feature rule (tidal) provision would otherwise apply, but— (i) it is not possible to make a meaningful correspondence between the evidence on the old plan of survey of the adopted natural feature and evidence on the ground of any natural feature; or (ii) the adopted natural feature is currently located in a substantially different location than it would have been if it had been the subject of only gradual change since it was adopted in the old plan of survey; or (iii) the natural feature adopted for representing the tidal boundary in the old plan of survey was different from the natural feature that should have been adopted, having regard to the directions and instructions applying to surveyors when the old plan of survey was prepared; or (iv) because of circumstances not otherwise provided for in this subdivision, the original adopted natural feature rule (tidal) provision can not practicably be applied; or - (i) it is not possible to make a meaningful correspondence between the evidence on the old plan of survey of the adopted natural feature and evidence on the ground of any natural feature; or - (ii) the adopted natural feature is currently located in a substantially different location than it would have been if it had been the subject of only gradual change since it was adopted in the old plan of survey; or - (iii) the natural feature adopted for representing the tidal boundary in the old plan of survey was different from the natural feature that should have been adopted, having regard to the directions and instructions applying to surveyors when the old plan of survey was prepared; or - (iv) because of circumstances not otherwise provided for in this subdivision, the original adopted natural feature rule (tidal) provision can not practicably be applied; or - (b) all of the following apply— (i) the directions and instructions applying to surveyors when an old plan of survey was prepared were not correctly complied with; (ii) if they had been complied with, the old plan of survey would have been the first old plan of survey to be registered or otherwise become authoritative in relation to the land that clearly adopted a natural feature (other than the line of intersection of a tidal plane with land) for representing the tidal boundary; (iii) the old plan of survey instead incorrectly adopted a line other than a natural feature for representing the tidal boundary; or - (i) the directions and instructions applying to surveyors when an old plan of survey was prepared were not correctly complied with; - (ii) if they had been complied with, the old plan of survey would have been the first old plan of survey to be registered or otherwise become authoritative in relation to the land that clearly adopted a natural feature (other than the line of intersection of a tidal plane with land) for representing the tidal boundary; - (iii) the old plan of survey instead incorrectly adopted a line other than a natural feature for representing the tidal boundary; or - (c) the second exception for the original adopted natural feature rule (tidal) provision (applied criteria exception) would otherwise have applied to locate the tidal boundary. - (i) it is not possible to make a meaningful correspondence between the evidence on the old plan of survey of the adopted natural feature and evidence on the ground of any natural feature; or - (ii) the adopted natural feature is currently located in a substantially different location than it would have been if it had been the subject of only gradual change since it was adopted in the old plan of survey; or - (iii) the natural feature adopted for representing the tidal boundary in the old plan of survey was different from the natural feature that should have been adopted, having regard to the directions and instructions applying to surveyors when the old plan of survey was prepared; or - (iv) because of circumstances not otherwise provided for in this subdivision, the original adopted natural feature rule (tidal) provision can not practicably be applied; or - (i) the directions and instructions applying to surveyors when an old plan of survey was prepared were not correctly complied with; - (ii) if they had been complied with, the old plan of survey would have been the first old plan of survey to be registered or otherwise become authoritative in relation to the land that clearly adopted a natural feature (other than the line of intersection of a tidal plane with land) for representing the tidal boundary; - (iii) the old plan of survey instead incorrectly adopted a line other than a natural feature for representing the tidal boundary; or - (a) the chief executive must take reasonable steps to obtain the views of any registered owner or lessee of the land about the proposed declaration; - (b) the chief executive must make a decision that the chief executive intends to make the proposed declaration, and what the terms of the proposed declaration are to be; - (c) the chief executive must give the registered owner or lessee of the land written notice of— (i) the decision and reasons for the decision; and (ii) the owner’s or lessee’s right to appeal against the decision and how the appeal is started; - (i) the decision and reasons for the decision; and - (ii) the owner’s or lessee’s right to appeal against the decision and how the appeal is started; - (d) after any review of, and any appeal against, the decision have been completed, the chief executive may, unless following review or appeal no declaration is to be made, make the single lot declaration (tidal)— (i) in accordance with the decision; or (ii) if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted. - (i) in accordance with the decision; or - (ii) if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted. - (i) the decision and reasons for the decision; and - (ii) the owner’s or lessee’s right to appeal against the decision and how the appeal is started; - (i) in accordance with the decision; or - (ii) if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted.